GENERAL TERMS AND CONDITIONS

I. BASIC PROVISIONS

These general terms and conditions (hereinafter referred to as “business conditions”) are by the provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code”), Act no. 250/2007 Coll. on consumer protection and the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter only the “Consumer Protection Act”), Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller’s premises and on the amendment of certain laws (hereinafter “the law on consumer protection in distance selling”).

Seller:

Zuzana Dolinay
Turie 541
01312
Slovak Republic

Tax ID: 1084147328
Business ID: 50 774 549
VAT reg. n.: not registered

There is no stone shop/operation at this address.
(hereinafter referred to as the “seller”)

These terms and conditions govern the mutual rights and obligations between the seller and the natural person who concludes the purchase contract (hereinafter “buyer”) through a web interface located on the website available at www.zuzanadolinay.com (hereinafter “online store”).

The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

These terms and conditions and the purchase contract are concluded in Slovak and English language.

II.FORMATION AND PRICE INFORMATION

Information about the goods, including the prices of individual goods and their main features, are given for individual goods in the online store catalog. The prices of the goods are listed including all related fees. The prices of the goods remain valid as long as they are displayed in the online store. Information on the costs associated with the packaging and delivery of goods is published in the online store. Any discounts on the purchase price of the goods cannot be combined unless the seller and the buyer agree otherwise.

III. ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT

The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.

The buyer orders the goods in the following ways:
● through your customer account, after prior registration in the online store,
● by filling in the order form without registration.

When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment, and delivery. Before sending the order, the buyer is allowed to check and change the data he entered in the order.

The buyer sends the order to the seller by clicking on the “Place order” button, or in the case of payment via Paypal account by clicking on the “Continue to Paypal” button and then sending the payment. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.

Immediately after receiving the order, the seller will send the buyer confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after manual acceptance of the order by the seller and notification of the processing of the order. Notice of order processing is delivered to the buyer’s email address. If any of the requirements specified in the order cannot be met by the seller, he will send the changed offer to the buyer’s email address. The amended offer is considered a new draft of the purchase contract and in this case, the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer to the seller to his email address specified in these terms and conditions.

All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of the receipt of the order by the seller. The buyer can cancel the order by phone or email of the seller specified in these terms and conditions. If there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this completely incorrect price, even if the buyer was sent an automatic confirmation order according to these terms and conditions.

The seller informs the buyer of the error without undue delay and sends the changed offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in this case, the purchase contract is concluded by confirmation of acceptance by the buyer to the email address of the seller.

IV. CUSTOMER ACCOUNT

Based on the buyer’s registration made in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration. When registering in the customer’s account and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change.

The data provided by the buyer in the customer’s account and when ordering the goods are considered correct by the seller. Access to the customer’s account is secured by a username and password. The buyer is obliged to maintain the confidentiality of the information needed to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

The buyer is not entitled to allow the use of the customer account to third parties. The seller may cancel the user account, especially if the buyer does not use his user account for longer, or if the buyer violates its obligations under the purchase agreement or these terms and conditions.

The buyer acknowledges that the user account may not be available around the clock, especially in connection with the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

V. PAYMENT TERMS AND DELIVERY OF GOODS

The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer can pay in the following ways:
● cashless transfer to the bank account of the seller,
● in cash – in person,
● via the Paypal service,
● in cash or by payment card when picking up from the carrier.

Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with packaging and delivery of goods in the agreed amount.
In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the seller.

The seller does not require any advance payment or other similar payment from the buyer unless both parties have agreed in advance. A mutual agreement on the deposit may be concluded in writing concerning the work for a higher value and will be specified in the Contract for Work.

Payment of the purchase price before sending the goods is not a deposit. The seller will issue an invoice to the buyer, which will include the total price for the goods, including the cost of delivery of goods.

The goods are delivered to the buyer:
● to the address specified by the buyer in the order,
● through the consignment to the address of the consignment specified by the buyer,
● to the post office.

The choice of delivery method is made during the ordering of goods. The costs of delivery of goods, depending on the method of sending and taking over the goods, are specified in the buyer’s order and the order confirmation by the seller. If the mode of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

If according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is required to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.

The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods, but the purchase does not acquire copyrights, which are non-transferable and still belong to the seller.

Liability for damage or loss of goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

In the case of purchasing the original work or art print, the copyright does not pass to the buyer. The work of art may not be further distributed or used commercially in any way unless the buyer has given explicit and written consent. The seller still remain the copyright to the work and may continue to use photographs of the work for any purpose, unless otherwise agreed in writing.

VI. WITHDRAWAL FROM THE CONTRACT

A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract. If the purchase contract is concluded at a distance (via an online store) or outside the seller’s premises, and at the same time if the seller has provided the buyer in a timely and proper manner with the right to withdraw from the purchase contract, conditions, period and procedure form for withdrawal from the purchase contract (following the provisions of § 3 paragraph 1 letter h) of the Act on Consumer Protection in Distance Selling) and at the same time fulfilling the requirements required by law, the buyer has the right under the Act on Consumer Protection in Distance Selling to give the reason and withdraw from the purchase contract without any penalty.

The period for withdrawal from the contract is 30 days from the moment of taking over the goods. To comply with the deadline for withdrawal from the purchase contract, the buyer must send an unambiguous statement expressing his will to withdraw from the purchase contract within the period specified in para. 3 of Article VI of these Terms and Conditions.

The buyer who withdrew from the purchase contract is obliged to return the goods within 14 days of withdrawal from the purchase contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post due to their nature. If the buyer withdraws from the purchase contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the purchase contract, all funds, including delivery costs, which he received from him, in the same way.

The seller will return the received funds to the buyer in another way only if the buyer agrees and if he does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before receiving the returned goods. The goods must be returned by the buyer to the seller undamaged, not worn, and uncontaminated, if possible, in the original packaging.

The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer, or supplier of material has interrupted the production or import of material needed to produce the goods.

The seller shall immediately inform the buyer via the email address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way, or the manner specified by the buyer.

VII. RECLAMATIONS

The seller is responsible to the buyer that the goods are free of defects upon receipt.
The seller is responsible to the buyer that at the time when the buyer took over the goods:
● the goods have the characteristics agreed between the parties and which the seller has described or which they are buying expected due to the nature of the goods and based on advertising,
● the goods are suitable for the purpose stated by the seller or for which goods of the same type are used,
● the goods correspond either to the design of the sample or to the model if the quality or design has been determined according to the agreed sample or model,
● the goods are in the corresponding quantity, measure or weight, the goods comply with the requirements of legal regulations.

The seller has obligations for incorrect performance minimal to the extent that the obligations for incorrect performance persist. The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt.

If is on the goods packaging, instructions attached to the goods, or advertising in accordance other legislation specified the period during which the goods may be used, this period is established as a guarantee for quality.

The guarantee of quality confirms that the goods will, after a certain time, be intended for use for the usual purpose or that they will retain their usual properties.

In the event of a defect, the buyer may submit a complaint to the seller and request:
● exchange for new goods,
● repair of goods,
● reasonable discount from the purchase price,
● withdraw from the contract.

If the seller proves that the buyer knew about the error of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer’s claim.
The seller is obliged to accept the complaint. Complaints can be made to the email address: dolinay@email.com, via the contact form, or by phone at 0944 909 190.

The seller is obliged to issue the buyer a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification rejection of the complaint.

The seller decides on the complaint immediately, in complex cases within three working days. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period.

The expiration of this period without handling the complaint is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered to be the moment when the seller is notified of the expression of the will of the buyer (exercise of the right from incorrect performance).

The seller informs the buyer in writing about the result of the complaint.
The right of incorrect performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise, the court does not have to grant it.
The buyer has the choice of the method of a complaint.

VIII. DELIVERY

The Contracting Parties may deliver all written correspondence to each other by electronic mail.
The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

IX. PERSONAL INFORMATION

All information provided by the buyer during the communication is confidential and will be treated in this manner. Your personal data will not be used other than for the purpose of fulfilling the contract.
For more information about our privacy practices, go to the privacy policy.

X. OUT-OF-COURT SETTLEMENT OF DISPUTES

The Slovak Trade Inspection Authority, with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, Internet address: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.

The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, Internet address: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council 524/2013 of 21 May 2013 on online consumer dispute resolution and complements Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

The seller is entitled to sell goods on the basis of freelance work.

XI. FINAL PROVISION

All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.

All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, videos, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to distribute, copy, modify or otherwise use the website or any part thereof without the consent of the seller.
In the event of copyright infringement by any third party, the author will seek copyright protection in accordance with civil and criminal law, in particular the Copyright Act.

The seller is not responsible for errors caused by third party interventions 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 adversely affect its operation and must 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 in such a way as to be contrary to its purpose.

The purchase contract, including business conditions, is archived by the seller in electronic form.
The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
Attached to the terms and conditions is a sample form for withdrawal from the contract.

These terms and conditions take effect on 1.1.2021.

ANNEX NO. 1

FORM FOR WITHDRAWAL FROM THE CONTRACT

Seller:

Ing. Zuzana Dolinay, DiS.,
DIČ: 50 774 549
IČO: 1084147328

Registered office: Turie 541, 01312

BUYER:

Name and surname of the consumer …………..

Consumer address …………..

Consumer email address …………..

I hereby declare that I am withdrawing from the purchase contract, the subject of which was the delivery of goods/service: …………..

Date of ordering the goods/date of receipt …………..

By withdrawing from the purchase contract, the consumer returns the purchased goods to the seller, while the costs associated with the return of goods are borne by the consumer.

Consumer’s signature …………..

In ………….. on …………..

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