Terms and conditions

Introductory provisions

These terms and conditions define and regulate the mutual rights and obligations of the seller and the buyer in the online store at www.svjatogor.sk/store.

Seller

The provider of the online store available at www.svjatogor.sk/store (e-shop) is Mgr. Matúš Ďurčík, with his registered office at A. Hlinku 2571/47, 960 01 Zvolen, Slovakia, Business ID: 52479111, Tax ID: 1083626478, registered in the Business Register of the Zvolen District Office, no. 670-28979, e-mail [email protected] (further as „Seller“). The seller is not a VAT payer.

Buyer

The buyer is any person concluding a contract with the seller by sending an order through the e-shop at www.svjatogor.sk/store.

The buyer is a consumer if one is a natural person who, in concluding and performing the contract, does not act within the scope of his business activity, employment or profession. If the buyer states his Business ID or Tax ID when concluding the contract, it is considered that in the legal relationship with the seller, it is the buyer-entrepreneur relation.

Order of goods

The order of goods means the sending of a fully completed form in the e-shop by the buyer. This form contains information about the ordered goods, the total price of the products, including shipping costs, and information about the buyer.

By sending the order through the e-shop and subsequent payment for the ordered goods, a purchase contract is concluded between the buyer and the seller.

The seller will confirm the receipt of the order by sending a confirmation e-mail to the address specified in the order. An invoice generated after payment of the price of the goods based on the order serves as a confirmation of the conclusion of the contract.

All orders received by the seller are considered to be binding. The seller has the right to withdraw from the purchase contract until the moment of sending the goods.

Payment

Information about the goods, including the price, can be found on the e-shop website. All prices of products are without VAT (the seller is not a VAT payer). The cost of the goods does not include the price of transport; this will be added to the value of the products according to the size of the order and the selected country of delivery.

The buyer can pay the total price of the goods by payment card via Besteron or Stripe payment gateways, or via PayPal.

After paying the total price of the goods, the buyer will receive an invoice from the seller to the e-mail address specified in the order.

All additional customs duties and taxes applied to orders sent outside of the European Union are buyer’s responsibility.

Delivery of goods

The goods are sent within 14 days after receiving payment from the seller. The buyer is informed about the shipment by e-mail. The products are then delivered to the buyer to the address specified in the order.

The goods are sent via Slovak Post, Czech Post or Packeta. The amount of transport costs is stated in the order. The buyer is informed about the shipment of the goods by e-mail within 24 hours of dispatch.

Delivery of goods within Slovakia and Czech Republic usually takes 1–7 working days, within Europe no more than 1 month, to countries outside Europe no more than 1–2 months. The delivery time stated when choosing the delivery method is only indicative.

The seller reserves the right to extend the delivery time in case of unforeseen circumstances. The buyer is immediately informed by e-mail about such an extension.

Withdrawal from the purchase contract

The buyer has the right to withdraw from the purchase contract without giving a reason within 14 days from the date of receipt of the goods.

However, this right does not apply to goods manufactured according to the specific requirements of the buyer or products made specifically for the particular buyer. It also does not apply to the sale of sound recordings, video recordings, audiovisual recordings and books, if they are sold in protective packaging and the buyer has unpacked that packaging, and the sale of books not supplied in protective packaging.

If the buyer decides to withdraw from the contract, it is necessary to notify the seller of this fact within the specified period, e.g., by sending the completed form for withdrawal from the purchase contract to the e-mail address [email protected] The seller will immediately acknowledge receipt of the notice to the buyer.

The buyer who withdrew from the contract is obliged to send the goods to the seller no later than 14 days after withdrawal from the contract. The complete, undamaged and unused products in the protective packaging together with the proof of purchase will be sent by the buyer to the address Matúš Ďurčík, A. Hlinku 2571/47, 960 01 Zvolen, Slovakia.

The buyer covers the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual method of delivery. If the buyer withdraws from the contract, the seller shall return to him immediately, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he has received from him. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will refund the buyer the cost of delivery of products in the amount corresponding to the most economical provided method of delivery of goods.

Claims and complaints

The seller is responsible to the buyer for the fact that the goods are defect-free, have the properties agreed upon by the parties and, in the absence of a mutual agreement, has the characteristics described by the seller or manufacturer, the goods correspond to the quality or design of the agreed sample or model and the products are in the required amount. 

The buyer is entitled to exercise the rights from a defect that occurs in consumer goods within 24 months of receipt. This provision does not apply to products sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by its regular use, to used products at a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if the nature of the goods causes it.

Elements that result from the nature and properties of hand-printed prints, such as embossed paper from the matrix, uneven color application, shifted color registration, a slight deviation from the specified paper size, hand-torn edges of the paper or slight differences in individual pieces within the edition, are not considered as defects. As damage or wear caused by improper handling is also not considered a defect, in particular, e.g., scratched off colors caused by direct contact with the printed surface or improper storage of graphics, e.g., in areas with high humidity or prolonged exposure of the graphics to direct sunlight.

In the event of a defect present, the buyer may submit a complaint to the seller and request free removal of the defect of the goods (in the case of a defect that can be removed), exchange of goods for new products, a reasonable discount on the purchase price, or to withdraw from the contract.

The buyer can request a complaint by sending a completed complaint protocol to the e-mail address [email protected], where he is obliged to provide information about the buyer, information about the claimed goods and the reason for the complaint. The claimed goods must be sent to the address Matúš Ďurčík, A. Hlinku 2571/47, 960 01 Zvolen, Slovakia.

The buyer has the right to withdraw from the contract if the goods have a defect that cannot be removed and which prevents the product from being properly used as a product without defects if one can not use the goods properly due to recurrence of defects or defects after the repair, if one can not use the goods properly due to a larger number of defects of the products.

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 claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of repair and duration, or written justification, alternatively rejection of the complaint provided in written form.

If the consumer files a complaint, the seller is obliged to inform the consumer about his rights arising from defective performance. Based on the consumer’s decision, which he exercises from the rights arising from inadequate performance, the seller is obliged to determine the method of handling complaints immediately, under challenging cases no later than 3 working days from the date of application, in justified cases, especially if a complex technical assessment of goods, no later than 30 days from the date of the complaint. After determining the method of handling the claim, the complaint, including the elimination of the defect, must be resolved immediately, while in justified cases, the claim can be resolved later. However, the settlement of the complaint, including the elimination of the defect, may not take longer than 30 days from the date of the claim. The expiration of this period with no action provided is considered a breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of the complaint is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.

The seller informs the buyer by e-mail about the result of the complaint no later than 30 days from the date of the claim.

The right of defective 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 claim. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.

In the case of a justified complaint, the return of funds is possible in the same way as the payment was made (i.e., also back to the card).

The buyer has the choice of the method of the complaint and its handling if there are several options available.

The rights and obligations of the contracting parties concerning the rights arising from defective performance are governed by § 499 to 510, § 596 to 600 and §619 to 627 of Act no. 40/1964 Coll. Of the Civil Code as amended and Act no. 250/2007 Coll., on consumer protection, as amended.

Alternative dispute resolution (ADR)

The consumer has the right to turn to the seller for redress if he is not satisfied with how the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to file a motion to initiate ADR with the ADR entity if the seller has responded to the request under the previous sentence in the negative or has not responded within 30 days from the date of dispatch. It is without prejudice to the consumer’s option to proceed with the case to court.

The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Slovak Trade Inspection authority, with its registered office at Prievozská 32, 827 99 Bratislava 27, which can be contacted for this purpose at the address of the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at [email protected] or [email protected] Website: https://www.soi.sk/. 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 contract. 

European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 /a, 827 15 Bratislava, website: http://esc-sr.sk/ is a contact point according to Regulation (EU) No 182/2011 of the European Parliament and the Council no. 524/2013 of May 21, 2013, on the resolution of consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

The seller is entitled to sell goods based on a trade license. Trade license check is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection Authority, to a limited extent, supervises compliance with Act no. 250/2007 Coll. on consumer protection as amended.

The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Banská Bystrica Region, Dolná 46, 974 00 Banská Bystrica 1, Supervision Department, phone 048/412 49 69, 048/415 18 71, 048/415 18 73.

Final provisions

The laws of the Slovak Republic govern all arrangements between the seller and the buyer. If the relationship established by the purchase contract contains an international element, the parties have agreed that the law of the Slovak Republic governs the relationship. It does not affect the consumer’s rights under generally binding legislation.

Concerning the buyer, the seller is not bound by any codes of conduct following the provisions of Act no. 250/2007 Coll. on consumer protection as amended.

The purchase of goods from the seller does not create any rights to use copyrights, trademarks or other intellectual property rights of the seller or third parties unless otherwise agreed in a specific case by a separate contract.

All rights to the seller’s website belong to the seller. It is forbidden to copy, modify or otherwise use the website or parts thereof without the consent of the seller.

The wording of the terms and conditions may be amended or modified 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.

This is a translation of the original document in Slovak language. In case of any discrepancy, the Slovak original shall prevail.

These terms and conditions take effect on September 1, 2020.

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