I.
General provisions
- These general terms and conditions (hereinafter referred to as “Terms and Conditions”) apply to purchases in the online store www.zuluart.eu, which is operated by Zuzana Ridzoňová with registered office ……………… ….., ID number: …….. registered in Ž.R ObÚ in ………. no. trade reg.: ………. email: info@zuluart.eu, kontaktná osoba: Zuzana Ridzoňová, tel. č.: +41 78 221 28 37
- The terms and conditions are an integral part of the concluded sales contract between the seller and the buyer on the other side.
- All contractual relationships are concluded in accordance with the applicable legal regulations in the Slovak Republic.
- If the consumer is the contracting party, relations not regulated by these terms and conditions are governed by law:
- č. 40/1964 Z. z. Civil Code, as amended;
- č. 250/2007 Z. z. on consumer protection, as amended;
- č. 102/2014 Z. z. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws as amended;
- č. 22/2004 Z. z. on electronic commerce and on amendments to Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain laws as amended by Act no. 284/2002 Coll. as amended.
- If the contracting party is an entrepreneur, relations not regulated by these terms and conditions are governed by Act No. 513/1991 Coll. Commercial Code, as amended.
II.
Definitions
- A consumer contract is any contract, regardless of the legal form, that the supplier concludes with the consumer.
- The seller is Zuzana Ridzoňová, who runs an online store. Its subject is the sale of goods through an online store and it is located on the website https://zuluart.eu (hereinafter referred to as the “online store”).
- The buyer is the customer who enters into a contractual relationship with the seller based on the purchase contract.
- A customer of our online store can be any natural person capable of legal acts or a legal entity who has expressed an interest in purchasing goods on the online store. In certain circumstances, customers according to these terms and conditions also mean a third party that the customer designates in the binding order as the person to whom the ordered goods are to be handed over (hereinafter referred to as the “authorized person”). Indicating the name of the authorized person in the binding order is considered to be his authorization to take over the ordered goods.
III.
Order and conclusion of purchase contract
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- The buyer selects a product based on the current offer published in the online store, confirms this selection by clicking on the “Order with payment obligation” button, fills in the order form (e-mail, in case of purchase of goods, delivery address), chooses the number of products ( possibly specifies the product parameters) and selects the payment method (cash on delivery, cash on delivery). Orders placed through the online store are binding. When sending the order, the buyer confirms by actively clicking that he has familiarized himself with and agrees with these terms and conditions.
- The proposal for concluding the contract is the placement of the offered goods in the online store, the contract is created by sending the order by the buyer and accepting the order by the seller. Without undue delay, after processing your order, we will send you a confirmation of receipt of the order (order acceptance) to the e-mail address you entered, which contains the order number, name and specification of the goods, information on the price of the goods and delivery costs (postage), method of payment, information on the estimated delivery time of the goods, data on the place where the goods are to be delivered, data on the seller, or other information. The delivery of a confirmation e-mail about the receipt and confirmation of your order results in the conclusion of a purchase contract.
- If you have created an account with us, your order will also be archived in the Orders section, which only you will have access to after logging in. If necessary, all additional information regarding the buyer’s order can be sent to the buyer’s e-mail address.
- The contracting parties have agreed that communication between them will be carried out in the form of e-mail messages.
- The buyer is obliged to pay the seller the price of the goods agreed in the order confirmation, including the costs of delivery of the goods (hereinafter referred to as the “purchase price”) by cash on delivery at the place of delivery of the goods, or by cashless transfer to the seller’s account specified in the order confirmation.
- The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the order confirmation, but no later than upon receipt of the goods.
- Information about the individual steps leading to the conclusion of the contract follows from these terms and conditions, and the buyer always has the opportunity to check it or correct it before sending the order. The contract is concluded in the Slovak language, if the circumstances on the part of the seller or the buyer do not prevent it, it is possible to conclude the contract in another, comprehensible for both parties, language.
- The operator, together with the goods, supplies the buyer with all relevant documents that relate to the goods: invoice (tax document), or warranty certificate (if the manufacturer provides it).
- The buyer can cancel the order by e-mail or by phone if it has not yet been completed. To cancel an order, contact us via email: info@zuluart.eu or on tel. number +41 78 221 28 37
IV.
Price
- All prices of goods and services are stated as final, including the corresponding VAT in the amount determined by the current legislation of the Slovak Republic, but does not include the price of delivery of the goods.
- All promotions are valid while supplies last, unless otherwise stated for a specific product.
- Any additional discounts that are provided beyond the discounts listed for individual products on our website, individual discounts for customers or discounts provided based on the cooperation of our online store with third parties, cannot be combined with each other.
- Final price is indicated in the order form just before the order is sent, it is indicated including VAT, or all other fees (packaging, postage) that the consumer must pay to obtain the product or service. This price cannot be changed unilaterally by the seller.
V.
Terms of Delivery
- Goods that are in stock are usually shipped the next business day.
- Goods that are not in stock are always marked with the term “Sold Out”.
- If the seller and the buyer have not agreed otherwise in the purchase contract, we as the seller are obliged to fulfill your order and deliver the goods to you within 30 days of receiving the order at the latest. If the ordered goods or part of the goods from the order cannot be delivered within the above-mentioned period, we will inform you of this situation as soon as possible and inform you of the estimated date of delivery of the goods or propose the delivery of replacement goods. If we fail to secure the goods even within the additional period, you have the right to withdraw from the contract, and in case of payment of the purchase price or part of it, the funds will be returned to you within 14 days to the bank account specified by you.
- We process orders continuously every working day and we deliver orders only within the territory of the Slovak Republic.
VI.
Place and method of delivery
- The obligation to deliver the goods is fulfilled by handing over the goods to the customer or to the authorized person specified in the order. We send the goods by Slovak post in the form of a letter/package or a letter/package cash on delivery. The delivery time must therefore be added to the normal 1-3 working days that it takes to deliver the title to you by Slovakian Post, or 1 working day for delivery by courier service.
- You can pick up the goods at a Slovak Post office or they will be delivered to you by a postman or courier.
- We will inform you by e-mail that your order has been handed over to the carrier. If the goods have not been delivered to you even within 7 days after our e-mail, please contact your delivery post office and us. After verification, we will provide you with more detailed information about your package and possible reasons for non-delivery by e-mail. If you have a user account with us, you can view the current status of your order processing at any time in the Orders section.
- The customer is obliged to take over the goods at the agreed place and time in person, or to arrange for them to be taken over. The customer confirms the receipt of the goods in writing in the delivery note, which is also proof of payment for the goods in case of cash on delivery payment. After paying the amount for the order, the customer will receive an accounting document (invoice) to the email address, which also serves as a warranty card. Along with the goods, the customer receives an order summary, which is only informative and does not serve as a tax document.
- The obligation to deliver the goods is considered fulfilled even if the customer does not take over the goods at the agreed time and place, or refuses to accept the goods. In the event that the customer does not accept the goods and the goods are returned to us, we have the right to withdraw from the purchase contract and demand compensation from the customer for the costs associated with returning the goods (the seller has the right to compensation for damages (according to § 420 et seq. of the Civil Code) , in the amount of the actual costs of an unsuccessful attempt to deliver the order – postage related to returning the goods). Re-delivery of the shipment is possible only after mutual agreement. The seller has the right not to exercise the right to compensation for damage or to exercise this right only in part.
- We are not responsible for late delivery of goods caused by an incorrectly specified address of the recipient. The customer acquires ownership rights to the goods by taking them over at the place of delivery. Upon acceptance of the goods, the risk of accidental damage and accidental deterioration is equally transferred to the customer.
- When receiving the shipment, the customer is entitled to check the shipment, whether the packaging of the shipment has been damaged (mechanical damage caused by transportation) and whether the goods are free of defects. In case of visible damage to the shipment or goods, the customer is entitled not to accept the shipment. In the event that the shipment is damaged, the buyer will not take over the goods, but rather a protocol with the delivery company.
VII.
Payment method, postage and other charges
- The buyer can pay the purchase price as follows:
Payment by card (Visa, Mastercard, Maestro)
Payment Paypall (zuzana.r.308@gmail.com)
VIII.
Warranty
- All goods sold are covered by a statutory warranty period of 24 months in the case of used goods and goods from the bazaar, at least 12 months, starting from the time the item is taken over by the buyer.
- If there is a period of use marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before this period expires.
- At the request of the buyer, the seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
- The warranty certificate contains the name of the seller (first and last name, trade name or name of the seller, his registered office or place of business), the content of the warranty, its scope and conditions, the length of the warranty period and the data necessary to apply the warranty. If the warranty certificate does not contain all the details, this does not invalidate the warranty.
- By declaring in the warranty letter issued to the buyer or in the advertisement, the seller can provide a guarantee exceeding the scope of the legal guarantee, the conditions and scope of this guarantee will be determined by the seller in the guarantee letter.
- Warranty does not cover normal wear and tear.
- Gifts you receive for free or winnings from competitions are not covered by the guarantee.
- The right to a free warranty repair also expires:
- failing to submit complete goods, including accessories,
- failing to report obvious defects when taking over the goods,
- after the expiry of the warranty period of the goods,
- by unprofessional and unsparing handling or by neglecting the care of the goods,
- mechanical damage to the goods caused by the buyer.
- A change to the goods that occurred during the warranty period as a result of wear or improper use or improper intervention cannot be considered a defect, in particular:
- the defect arose during the warranty period as a result of its wear or improper use or insufficient or inappropriate care,
- the defect arose as a result of natural changes in the materials from which the goods are made,
- the defect arose as a result of any damage by the buyer or a third party or other improper intervention.
IX.
Order cancellation
- If you wish to cancel your order, which has not yet been processed, please contact us as soon as possible and state your order number. If your order has already been paid, we will return the money to the account from which you paid within 14 days at the latest.
- At the same time, we reserve the right to cancel your order for goods if we are unable to deliver them to you due to unavailability (sold out of stock or withdrawal from the offer) or if, even with all efforts, we are unable to deliver the goods within the agreed time or price, and/ or securing the goods would cause us disproportionate difficulties and disproportionate expenses in proportion to the value of the ordered goods, unless we agree with you on alternative performance. We will inform you immediately about the cancellation of the order by phone or e-mail. In case of payment of the purchase price or its part, the funds will be returned to you within 14 days to the account from which you paid, unless we agree otherwise.
- If the buyer does not pay the amount for the order within 14 days from the creation of the order, the seller will cancel the unpaid order.
X.
Complaint
- The seller is responsible for defects that the sold item has when it is taken over by the buyer.
- If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. Instead of removing the defect, the seller can always replace the defective item with a flawless one, if this does not cause serious difficulties for the buyer.
- If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item.
- The seller is obliged to determine the method of dealing with the complaint immediately, in complex cases no later than 3 working days from the day of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the day of the complaint. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiry of the deadline for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
- The seller confirms receipt of the complaint immediately and issues it to the consumer. However, he will issue it at the latest together with a document on the processing of the claim.
- The time from the exercise of the right from liability for defects until the end of the complaint procedure (handover of the repaired product, written request to take over performance or its justified rejection) is not included in the warranty period. In the case of exchanging the item for a new one, the new warranty period starts from its receipt.
- If the consumer makes a complaint within the first 12 months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a written expert assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment.
- When the consumer makes a complaint after 12 months from the purchase, when the seller has rejected it, the seller is obliged to indicate in the document on the provision of the complaint to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the consumer proves the seller’s responsibility for the defect through a professional assessment, he can apply the claim again. The warranty period does not expire while the expert assessment is being carried out. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
- The buyer will be informed about the result of the complaint immediately after the end of the complaint procedure by e-mail and at the same time it will be delivered to him via e-mail, or by registered mail, the complaint protocol (document on the complaint’s handling). The proof of complaint handling does not need to be delivered if the consumer has the opportunity to demonstrate the application of the complaint in another way.
- In the event of a complaint, the consumer informs the seller by means of a complaint letter about the complaint via email (to achieve the fastest possible processing of the complaint) and sends the goods packed in packaging suitable for transport together with a description of the defect and a copy of the proof of purchase (or a warranty letter, if it was issued) to the seller’s address:
www.zuluart.eu
Address:
E-mail: info@zuluart.eu tel. number: +41 78 221 28 37
- The buyer has the right to reimbursement of necessary costs incurred in connection with the exercise of rights from liability for defects. If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its sending, the consumer has the right to submit a proposal to start an alternative solution to his dispute according to § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
- Alternative dispute resolution can only be used by a consumer (natural person) who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to disputes between the consumer and the seller, the value of which exceeds 20 euros, resulting from a consumer contract concluded at a distance.
- Subject of alternative dispute resolution according to §3 of Act 391/2015 Coll. may require you to pay a fee of up to 5 euros including VAT for initiating dispute resolution. You can submit a proposal in the manner specified under §12 of Act 391/2015 Coll. or by clicking on this website https: //www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov/formular-pre-podanie-navrhu-na-zacatie-ars.soi.
- The consumer can submit a proposal for an alternative resolution of his dispute. use the online dispute resolution platform available on the website https ://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
- The competent entity for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection, or another relevant authorized legal entity registered in the list of entities for alternative resolution of disputes maintained by the Ministry of Economy of the Slovak Republic (the list is available on the page http://www.mhsr.sk).
XII.
Withdrawal from the contract
- The customer is entitled to withdraw from the contract without giving a reason in accordance with § 7 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws, as amended, within 14 days of receiving the goods. In the event that the goods were delivered separately within one order, the withdrawal period runs from the moment of receipt of the goods that were delivered last.
- If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods. If the customer withdraws from the contract, this also cancels any additional contract related to it.
- In accordance with sec. §517 par. 1 of the Civil Code, the customer can apply withdrawal also only in relation to part of the subject of the contract (if the subject of the contract or binding order was the delivery of several pieces of goods) and in that case the contract is canceled only in this part.
- The consumer is obliged, if he wants to use this right, to personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified deadline to the seller’s contact address or hand over this withdrawal for postal transport no later than on the last day of the deadline to the address specified in the contacts . After notification of withdrawal from the contract, the consumer is obliged to personally send or deliver the object of the contract from which he is withdrawing together with all documentation – e.g. a copy of the invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than 14 days from the date of withdrawal.
- We recommend that buyers send the goods by registered mail and as an insured shipment.
- The buyer must make the withdrawal from the contract in writing in a way that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using a form that is published on www.zuluart.eu exchange-return-complaint of goods
- You can then fill it out on your computer and print it out).
- Withdrawal from the purchase contract according to the passing point of these commercial and complaint conditions must contain the information required in the form that is published on www.zuluart.eu </a >in particular, the identification of the buyer, the number and date of the order, the exact specification of the goods, the way in which the seller should return the payment already received, in particular the account number and/or the postal address of the buyer.
- Do not send the goods to us on cash on delivery, such goods will not be accepted.
- The operator of the e-shop will return the payment made for the goods/services, including transport costs in accordance with para. §9 par. 3) Act no. 102/2014 Coll. as well as the costs demonstrably spent on ordering the goods within 14 days from the date of delivery of the withdrawal from the contract, but he does not have to return the money before the goods are delivered to him or the consumer does not prove that the goods have been sent, this does not apply if the seller suggested that he collect the goods himself. When exercising the right to withdraw from the contract, the consumer is entitled to a refund for the cheapest common method of delivery offered by the seller
- In accordance with sec. § 7 par. 6 of Act no. 102/2014 Coll. the customer cannot withdraw from the contract, the subject of which is:
– sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
- The consumer bears any reduction in the value of the goods that was caused by its use beyond the scope necessary to determine the functionality and properties of the goods.
XIII.
Privacy
- You can find more detailed information and exact conditions on personal data, their processing and protection at: https://zuluart.eu processing of personal data
Final provisions
- All arrangements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from general binding legal regulations.
- In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of Act No. 250/2007 Coll. on consumer protection as amended.
- All rights to the seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
- The seller is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
- The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- Supervision of compliance with the seller’s obligations towards the consumer is the Slovak Trade Inspection, specifically the workplace:
Inšpektorát SOI so sídlom v Žiline pre Žilinský kraj, Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1
tel.: 041/724 58 68
e-mail: za@soi.sk
http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
- These terms and conditions apply as stated on the website https://zuluart.eu on the day the order is sent to the buyer, who accepts them unconditionally, which he also confirms by actively clicking away when confirming the order. The operator reserves the right to possibly change or supplement the terms and conditions. However, the wording valid at the time of execution of the order applies to concluded orders.
- These terms and conditions enter into force on 01.11.2021 and cancel the previous wording of the general terms and conditions.