Product has been added to your cart.

Terms and Conditions

Terms and Conditions

1. GENERAL PROVISIONS

  1. 1. These general terms and conditions govern the rights and obligations of the contracting parties resulting from the purchase contract concluded between:
  2. Basic data

Seller: Karls DESIGN s.r.o., Rakovice 150, 922 08

ID: 36 669 156

VAT number: 2022231794

Account number: IBAN: SK91 0900 0000 0051 8099 4278
registered in the Commercial Register of the Trnava District Court, section Sro, insert no 18936/T

Contact information:

tel: +421 949 627 822
mail: karlsdesign1@gmail.com

(hereinafter referred to as “seller”)

and

the buyer, the subject of which is the purchase and sale of goods on the seller’s e-commerce website.

 

Supervisory authority:

SOI Inspectorate for the Trnava region

with headquarters in Trnava

Pekárska 23, 917 01 Trnava
Supervision Department and Legal Department
tel. number. 033/321 25 21, 033/321 25 27, fax. number. 033/321 25 23

e-mail: tt@soi.sk

 

Address for claims, withdrawal from the contract, suggestions and complaints:

Karls DESIGN s.r.o., Rakovice 150, 922 08, IČO 36 669 156, e-mail: karlsdesign1@gmail.com

  1. SUBJECT OF THE CONTRACT

The subject of the contract are only the items of goods and services (products) explicitly mentioned in the purchase contract – order. The quantity, properties, prices, and other data contained on the seller’s website are binding data.

The seller undertakes to supply the buyers with:

– a product without defects in accordance with the specification or with the characteristics usual for the given species,

– a product that complies with the standards, regulations and regulations valid in the territory of the Slovak Republic.

 

The contracting parties have agreed that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all purchase contracts concluded on the e-commerce website operated by the seller, on the basis of which the seller delivers the product presented on the website in question to the buyer (hereinafter referred to as the “purchase contract”) and to all relations between the seller and the buyer, arising in particular during the conclusion of the purchase contract and product complaints.

  1. 3. ORDER CANCELLATION

Cancellation of the order by the buyer:

The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation, and the buyer has the right to withdraw from the contract, the subject of which is the delivery of the product, even before the start of the withdrawal period.

If the seller timely and properly provided the consumer with information about the right to withdraw from the contract according to § 3 par. 1 letter h), the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the seller’s premises within 14 days from the day of receiving the product, even without giving a reason.

The seller will exercise the right to compensation for damage mainly in the case of the purchase of a product “to order”, which had to be procured at the request of the buyer or in the event that demonstrable costs have already been incurred in connection with securing the product. The cancellation fee can be up to the purchase cost of the product.

Order cancellation by the seller:

The seller reserves the right to cancel the order or part of it in the following cases:

– the order could not be confirmed bindingly (incorrect phone number, unavailable buyer, buyer does not respond to e-mails, etc.).

The general terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions deviating from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.

  1. METHOD OF CONCLUSION OF THE PURCHASE CONTRACT
  2. 1. The purchase contract is concluded by the seller’s binding acceptance of the buyer’s proposal for the conclusion of the purchase contract in form e‐email message of the buyer sent to the seller or in the form of a form filled in and sent by the buyer on the seller’s website or in the form of a telephone order from the buyer to the seller (hereinafter referred to as “order”).
  3. Binding acceptance of the buyer’s order by the seller is a telephone or email confirmation or a confirmation via a private message by the seller to the buyer about the acceptance of the order after the previous acceptance of the order by the buyer, marked as “order confirmation”.
  4. 3. The binding acceptance of the order contains data on the name and specification of the product, the sale of which is the subject of the purchase contract, further data on the price of the product and/or other services, the name and data on the place where and how the product is to be delivered, and data on the price, conditions, method and product delivery date, or other data.
  5. RIGHTS AND OBLIGATIONS OF THE SELLER
  6. 1. The seller is obliged to:
  7. based on the order confirmed by the seller, deliver the product to the buyer in the agreed quantity, quality, and date and pack it or equip it for transport in a manner necessary for its preservation and protection,
  8. to ensure that the delivered product fulfills the obligations established in the valid legislation of the Slovak Republic,
  9. c. hand over to the buyer, together with the product in written or electronic form at the latest, all the documents necessary for taking over and using the product and other documents prescribed by valid legal regulations (data on product properties, instructions for assembly, operation, use, maintenance, safety warnings in the Slovak language, form for withdrawal from the contract, warranty certificate/if requested by the consumer, or if the seller provides a longer warranty period than the legal warranty period/proof of purchase of the product).
  10. 2. The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered product.
  11. 3. The seller has the right to demand a deposit in the amount of the full amount of the product for products that are not in stock.
  12. RIGHTS AND OBLIGATIONS OF THE BUYER
  13. 1. The consumer is entitled to withdraw from the contract in writing within fourteen days without giving a reason (Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises) from on the day of taking over the product or concluding a service contract. By withdrawing the consumer from the contract, the contract is canceled from the beginning.
  14. 2. Consumer:
  15. will take over the purchased or ordered product,
  16. pays the seller the agreed purchase price within the agreed due date, including the costs of product delivery,
  17. confirms receipt of the product by e-mail, with his signature, or with the signature of a person authorized by him.

 

  1. 3. The consumer has the right to deliver the product in the quantity, quality, date, in the manner and place agreed by the contracting parties in the binding acceptance of the order.

 

  1. TERMS OF DELIVERY
  2. 1. Product delivery methods:

Goods can be delivered in the following way:

  • delivery by GLS courier
  • delivery by Slovak Post courier
  • delivery by courier TOPTRANS

 

  1. 2. Price and payment.

When ordering the product and delivery. postage + packaging together

By courier, where the value of the total one-time order is €50, including: 3,20 EUR
By courier, where the value of the total one-time order is over €50: 7 EUR

 

The price of delivery of the goods is valid within the territory of the Slovak Republic. When sending goods abroad, transport costs are calculated individually on the basis of a contract on the price of transport outside the territory of the Slovak Republic.

The buyer is obliged to pay the seller the purchase price of the product agreed in the purchase contract at the time of concluding the purchase contract, including the costs of delivery of the goods (hereinafter referred to as the “purchase price”) according to Act No. 18/1996 Coll. as amended in the form:

– in cash, directly to the courier,

– by cashless transfer to the seller’s account.

  1. 3. If the buyer pays the seller the purchase price by cashless transfer, the date of payment is considered the day when the entire purchase price was credited to the seller’s account IBAN: SK91 0900 0000 0051 8099 4278, VS: order number.

 

  1. 4. The buyer is obliged to pay the seller the purchase price for the agreed product within the period according to the purchase contract, but at the latest when taking over the product.
  2. In the event that the buyer pays the seller the purchase price for the product agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable legal regulations of the Slovak Republic.
  3. In the event that the buyer does not pay the seller the full purchase price when taking over the product, the parties have agreed that the seller is entitled to withdraw from the purchase contract and demand compensation from the buyer for the costs incurred for ordering and delivering the unpaid product.
  4. The prices of the products listed on the seller’s website are valid at the moment the consumer’s order is sent.
  5. 8. The purchase price will be considered paid by crediting the entire purchase price to the seller’s account, in the case of payment by transfer to the seller’s account, or by paying cash to the courier.
  6. The seller reserves ownership of the product until full payment of the purchase price.
  7. The purchase document issued on the basis of the purchase contract between the seller and the buyer is also a tax document.
  8. The buyer can take over the product only after full payment, unless otherwise agreed.
  9. The price of product transportation is added to the price of the product, as stated above in point 7.2.
  10. The product is sold according to the buyer’s requirements and the displayed samples, catalogs, type sheets, sample books of the seller, located on the website of the seller’s electronic store.
  11. 14. Unless the seller and the consumer agree otherwise, the seller is obliged to fulfill the consumer’s order within 30 days of its delivery.
  12. The buyer takes over the product using the means indicated in the acceptance of the buyer’s order by the seller.
  13. Data on product properties, quantity and other data contained in the website of the seller’s electronic store are binding data.
  14. The place of delivery of the product is the place indicated in the acceptance of the order by the seller, unless the contracting parties agree otherwise in the purchase contract.
  15. The seller will deliver the product to the buyer at the address specified in the purchase contract by the buyer. The product is considered delivered when the product is delivered to the address specified in the binding acceptance of the order.
  16. In the event that the seller delivers the product to the buyer to the place specified by the buyer in the purchase contract, the buyer takes over the goods personally or ensures that the goods are taken over by a person whom he authorizes in case of his absence to take over the goods specified in the purchase contract and signs the protocol on the delivery and handover of the goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and the proof of payment for the goods and a written power of attorney. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be paid by the buyer, in particular the repeated delivery of the goods to the place specified in the purchase contract. The goods are considered delivered at the moment of delivery of the goods to the address specified in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer, respectively. by his authorized representative or by refusing to accept the goods, which the carrier indicates in the protocol on the delivery and handover of the goods.
  17. The costs associated with delivery are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
  18. 21. If the buyer checks the product after delivery and finds that the product has any defects, he will notify the seller of this fact and file a product complaint with the seller, or withdrawal from the contract by the seller.
  19. 22. If the seller does not fulfill the contract because he cannot deliver the ordered product or provide the service, he is obliged to inform the consumer immediately and 14 days to return the price paid for the product or the advance, if the seller and the consumer do not agree on a substitute performance. If the seller and the consumer do not agree on substitute performance, the seller is obliged to compensate all proven costs that the consumer spent on ordering the product or services. In the case of substitute performance, the seller is obliged to supply the consumer with a product or provide a service of the same quality and price.

 

  1. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS

The buyer acquires ownership of the product only upon full payment of the entire purchase price for the product.

  1. COPYRIGHT

 

Copyright is governed by the Copyright Act no. 185/2015 Z. z. as amended.

 

  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT

 

  1. The buyer is entitled to withdraw from the purchase contract within 14 days of receiving the product without giving a reason in accordance with section § 7 ods. 1 of Act no. 102/2014 Coll. 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 amendments to certain laws.

The seller is obliged to take over the product and return the price paid for the product, including the costs incurred by the consumer in connection with ordering the goods or service, to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract. The cost of returning the product is borne by the consumer.

 

The consumer cannot withdraw from the contract, the subject of which is:

  1. a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
  2. b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
  3. c) sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,
  4. d) sale of goods that are subject to a rapid reduction in quality or spoilage,
  5. e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
  6. f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
  7. g) the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days and their price depends on the movement of prices on the market, which the seller cannot influence,
  8. h) performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller’s visit to the consumer and the consumer did not order these services or goods in advance,
  9. i) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
  10. j) the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
  11. k) provision of accommodation services for a purpose 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 deadline,
  12. l) provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

 

  1. The buyer shall withdraw from the contract in writing. Before withdrawing from the purchase contract according to the preceding point of these general terms and conditions, the buyer must state the buyer’s identification, the order number and date, the exact product specification, the way in which the seller should return the payment already received, especially the account number and/or postal address.

The 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 personally or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.

  1. In the event of a valid withdrawal from the contract, the seller will return the purchase price to the buyer, including the costs incurred by the buyer in connection with ordering and delivering the product, if the buyer, together with the product, submits written documents to the seller about the costs incurred by the buyer in connection with ordering the product.
  2. The costs incurred by the buyer in connection with ordering the product are considered to be the costs of making the order, in particular the price for making a telephone call, with which the buyer made a proposal to conclude a purchase contract, or the price for connecting the buyer to the seller’s website, during which the buyer filled out and sent a form for ordering goods on the website, or wrote and sent an email with an order for goods.

  1. CONFIDENTIALITY

 

The buyer is obliged to maintain the confidentiality of all information that is made available to him in connection with deliveries from the seller and that he can clearly consider, considering the circumstances, to be a business or company secret and that should be kept confidential, with the exception of information that is known from public resources.

 

  1. FINAL PROVISIONS

 

  1. The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller’s electronic store.
  2. If the purchase contract is concluded in written form, any change to it must be in written form.
  3. The contracting parties have agreed that communication between them will be carried out in the form of e‐mail messages.
  4. The relevant provisions of the following laws and regulations apply to relationships not regulated by these general terms and conditions:
  5. The law number. 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 amendments to certain laws
  6. b. Law no. 22/2004 Coll. on electronic commerce and on amendments to Act no. 128/2002 Coll. (as amended),
  7. Law no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Zb. on offenses (as amended),
  8. Law no. 40/1964 Coll. Civil Code (as amended).
  9. These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.
  10. If the consumer withdraws from the contract, he will bear the costs of returning the product to the seller according to § 10 par. 3, of the Act and, if he withdraws from the contract concluded at a distance, also the costs of returning the product, which, due to its nature, cannot be returned by mail.
  11. The buyer is obliged to pay the seller the price for the actually provided performance according to § 10 par. 5, of the Act, if the consumer withdraws from the service contract after having given the seller express consent pursuant to § 4 par. 6 of the Act.
  12. In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of Act no. 250/2007 Coll. on consumer protection as amended.
  13. Duration of the contract – during the validity of the warranty period, the conditions for terminating the contract are listed above.
  14. Possible solutions to the arising dispute can also be resolved out of court through mutual agreement.
    11. Ownership of the subject of the contract is transferred to the buyer only after payment of all payments specified in the contract.
  15. The seller has the right to compensation for damages (according to § 420 et seq. of the Civil Code), in the event that the buyer ordered a product that he did not cancel or did not withdraw from the contract and at the same time did not take over this product from the carrier, or after the seller’s request, in the case of choosing personal collection, did not take over the goods within the specified period for collection. By this action, the buyer violated his obligation, according to which the buyer is obliged to take over the ordered goods.
  16. When determining the amount of compensation for damages, according to the point mentioned above, the seller takes into account primarily transport costs and related fees in the case of sending the product, costs associated with packaging, shipping and administration of the order as well as all other costs incurred by him with the implementation of the order in question and at the same time has the right to charge the lost profit.
  17. The seller has the right not to exercise the right to compensation for damages or to exercise this right only in part.

 

INSTRUCTION ON EXERCISE OF THE CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT

 

  1. Right to withdraw from the contract.

You have the right to withdraw from this contract without giving a reason within 14 days.

The period for withdrawing from the contract expires after 14 days from the day of receiving the product.

When exercising the right to withdraw from the contract, inform us of your decision to withdraw from this contract by a clear statement (for example, by letter sent by post, fax or e-mail) to the address: karlsdesign1@gmail.com

For this purpose, you can use the sample form for withdrawing from the contract, which can be found at: Karls DESIGN s.r.o., Rakovice 150, 922 08, IČO 36 669 156, or on the website: https://karlsdesign.sk/wp-content/uploads /2023/11/withdrawal_from_the_contract.pdf

The withdrawal period is preserved if you send a notice of exercise of the right to withdraw from the contract before the withdrawal period expires.

  1. Consequences of withdrawal from the contract.

After withdrawing from the contract, we will return all payments that you made in connection with the conclusion of the contract, especially the purchase price, including the costs of delivering the goods to you.

Payments will be returned to you without undue delay, at the latest within 14 days from the day we receive your notice of withdrawal from this contract. Their payment will be made in the same way that you used for your payment, if you did not expressly agree to another payment method, without charging any additional fees.

  1. 3. If you are interested, you can fill out and send a sample form for withdrawing from the contract or any other clear declaration of withdrawal from the contract electronically via our website: https://karlsdesign.sk/wp-content/uploads/2023/11/odstupenie_od_zmluvy.pdf. If you use this option, we will immediately confirm the acceptance of the withdrawal from the contract on a durable medium (for example by e-mail).
  2. The period is considered preserved if you send the product back before the expiry of the 14-day period.

You are only responsible for any reduction in the value of the goods as a result of handling them in a manner other than what is necessary to determine the nature, properties and functionality of the product.

  1. The information provided in this instruction forms an integral part of a contract concluded at a distance or a contract concluded outside the seller’s premises and can only be changed with the express consent of both parties to the contract.
  2. By sending the order and pressing the “order with obligation to pay” button, the buyer explicitly confirms that he was aware that part of the order is the obligation to pay the price.
  3. The seller provides 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 product.

The confirmation includes:

– all information listed in § 3 par. 1 of the Act if the seller did not provide this information to the consumer on a durable medium before the conclusion of the distance contract.

  1. The buyer can withdraw from the contract, the subject of which is the delivery of the product, even before the expiry of the withdrawal period.
  2. The buyer can exercise the right to withdraw from the contract according to § 7 par. 1 of the law with the seller in documentary form or in the form of a record on another durable medium; if the contract was concluded orally,

to exercise the consumer’s right to withdraw from the contract, any clearly worded statement by the consumer expressing his will to withdraw from the contract is sufficient.

The consumer can use the contract withdrawal form provided by the seller.

  1. 10. The deadline for withdrawal from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the deadline according to § 7 par. 1 of the Act.
  2. 11. The buyer bears the burden of proof for exercising the right to withdraw from the contract.

 

Obligations of the seller upon withdrawal from the contract

 

  1. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the buyer all payments received from him on the basis of the contract or in connection with it; this does not affect the provision § 8 par. 5. law.
  2. The seller is obliged to return the payments to the buyer according to paragraph 1 in the same way that the consumer used for his payment. This does not affect the buyer’s right to agree with the seller on another payment method, if no additional fees are charged to the buyer in connection with this.
  3. The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
  4. In case of withdrawal from the contract, the subject of which is the sale of the product, the seller is not obliged to return the payments to the buyer according to paragraph 1 before the product is delivered to him or until the consumer proves that the product has been sent back to the seller, unless the seller suggests that he collects the product personally or through him authorized person.

 

Obligations and rights of the consumer when withdrawing from the contract

 

  1. The 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 personally or through a person authorized by him. The deadline according to the first sentence is considered to have been observed if the goods were handed over for transport no later than the last day of the deadline.
  2. In the case of withdrawal from the contract, the buyer bears only the costs of returning the product to the seller or the person authorized by the seller to take over the product. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled his obligation according to § 3 par. 1 letter i) of the law.
  3. The buyer is only responsible for the reduction in the value of the product, which occurred as a result of such handling of the product, which is beyond the scope of the handling necessary to determine the properties and functionality of the product. The buyer is not responsible for a reduction in the value of the product if the seller has not fulfilled the information obligation about the consumer’s right to withdraw from the contract according to § 3 par. 1 letter h) of the law.

 

In Rakovice, on 30.8.2021