Terms and Conditions
- These business conditions (hereinafter referred to as “Terms and Conditions”) regulate the rights and obligations of the contracting parties arising from the conclusion of a distance purchase contract between the Seller and the Buyer, the subject matter of which is the sale and purchase of goods using the online store www.butikmoda.eu
- The subject matter of these business conditions is the definition of the rights and obligations of the contracting parties arising from the purchase contract and the provision of information in accordance with § 3 par. 1 of 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 premises of the Seller and on the amendment of certain laws and other relevant legislation.
- These Terms and Conditions are elaborated in accordance with:
- Act no. 40/1964 Coll., Civil Code as amended,
- Act no. 250/2007 Coll. on consumer protection, as amended,
- Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws, as amended,
- Act no. 22/2003 Coll. 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 and also in accordance with other relevant legislation.
- These Terms and Conditions are freely published on the website of the online store www.butikmoda.eu and thus their archiving and reproduction by the Buyer is enabled without restrictions.
- By submitting the order, the Buyer confirms that he has carefully acquainted himself with the Terms and Conditions in full, understood their content and agrees with them in this wording without reservations.
- These Terms and Conditions are a fundamental part of the purchase contract listed in Art. 1 par. 1 of these Terms and Conditions. If the Seller and the Buyer enter into a written purchase agreement in which they agree on conditions different from the general Terms and Conditions, the provisions of the purchase agreement will take precedence over the general Terms and Conditions.
- Before concluding the purchase contract, the contracting parties may agree to change these Terms and Conditions in order to guarantee the equality of the contracting parties.
- The Seller is the operator of the online store www.butikmoda.eu:
Business name: V a E, s.r.o.
Registration: Business Register: District Court Prešov
Section: Sro, File number: 59110 / L
Registered seat: Karpatská 2260/21, 08901 Svidník, Slovakia
Company ID: 47 174 757
VAT ID: 2023782112
TAX ID: SK2023782112
- The Buyer is a natural or legal person who buys products or uses services, either as a consumer or entrepreneur.
- In the sense of § 2 letter a) Act. no. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the Consumer Protection Act), The Buyer – consumer is a natural person who, in concluding and executing a consumer contract, does not act within the scope of his business activity, employment or profession.
- A consumer contract is any contract, regardless of the legal form, concluded by the supplier with the consumer.
- A distance contract is a contract between the Seller and the consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Seller and the consumer, in particular by using a website, e-mail, telephone, fax, letter or offer catalogue.
- Legal relations between the Seller and the Buyer consumer not explicitly regulated by these Terms and Conditions are governed by the relevant provisions of Act. no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"), 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 premises of the Seller and on the amendment of certain laws, as well as other related regulations.
- In the sense of § 2 par. 2 Act. no. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as the "Commercial Code"):
- a person registered in the Commercial Register,
- a person who conducts business based on a trade license,
- a person who conducts business based on a license other than a trade license in accordance with special regulations,
- a natural person who carries out agricultural production and is registered in accordance with a special regulation.
- The supervisory authority is:
Slovak Trade Inspection (SOI)
SOI - Inspectorate for the Prešov Region
Obrancov mieru 6, 080 01 Prešov 1, Slovakia
Department of Technical Product Inspection and Consumer Protection
Tel. No.: 051/7721 597
Fax No.: 051/7721 596
Conclusion of the purchase contract
- The goods can be ordered via the e-shop www.butikmoda.eu.
- The purchase contract is established by sending a binding order to the Buyer and its acceptance by the Seller.
- The order is binding.
- By submitting the order, the consumer confirms that he is aware of the fact that the order includes the obligation to pay the purchase price.
- Immediately after receipt of a binding order, the Seller confirms the conclusion of the purchase contract by email. The confirmation of the conclusion of a purchase contract has no effect on its creation. The concluded contract is only binding, changeable or terminable by agreement between the parties or for legal reasons. After receipt of a binding order, the Seller confirms the conclusion of the purchase contract by post. The confirmation of the conclusion of the purchase contract has no influence on its conclusion. The contract concluded in this way is binding and can only be changed or terminated with the consent of both parties or for legal reasons.
- The confirmation of the conclusion of the purchase contract contains in particular data on the name and specification of the goods, the sale of which is the subject of the purchase contract, data on the price of goods or other services, information on delivery time, name and information on the place where the goods are to be delivered and data on the price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the Buyer, details of the Seller.
- The Buyer has the right to cancel (annule) the binding order without giving a reason. The Seller will confirm the cancellation of the order by e-mail without undue delay.
- The purchase contract concluded between the Seller and the Buyer is archived by the Seller for at least five years for the purpose of its successful fulfilment and satisfaction of the Seller's obligations arising from special legal regulations. The purchase contract is not accessible to third parties.
Rights and obligations of the contracting parties
- The subject of the purchase contract are the rights and obligations of the contracting parties.
- The Seller is obliged in particular to:
- provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and the Consumer Protection Act when selling goods or providing services based on a distance or off-premises contract and on amendments to certain laws as amended and other relevant legal regulations,
- pack the goods for transport in such a way that they are not damaged,
- deliver the ordered goods to the consumer in a proper and timely manner,
- deliver to the Buyer no later than together with the goods all documents necessary for the proper receipt and use of the goods in accordance with the relevant legislation.
- The Seller has the right to pay the purchase price properly and on time.
- The Seller has the right to withdraw from the contract if he is unable to deliver the goods to the Buyer properly and on time, in particular due to the sale of stock or unavailability of goods. The customer will be informed about the cancellation of the order by e-mail, and in case of payment of the purchase price or part thereof, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the Seller.
- The Buyer is obliged in particular to:
- pick up the goods at the place of destination in good time,
- pay the Seller the agreed purchase price on time, including the cost of delivery of the goods, unless the parties have agreed that the cost of delivery of the goods shall be borne by the Seller,
- confirm the receipt of the goods in the delivery note with his signature or the signature of the person authorized by him.
- The Buyer acknowledges that in the event of a breach of contractual obligations arising from the purchase contract, he is liable in accordance with § 420 of the Civil Code for the damage caused to the Seller.
- The Buyer acknowledges that the business conditions are governed by the laws of the Slovak Republic.
- Any disputes arising out of connection with the purchase contract, which are accompanied by these Terms and Conditions, will be settled exclusively in accordance with applicable law of the Slovak Republic.
Price of goods or services
- The prices of individual products are stated including value added tax (VAT) in the statutory amount and all other taxes.
- The Buyer consumer has the opportunity and possibility to become familiar with the period during which the Seller is bound by his offer.
The Seller is bound by his offer, including the price of the goods, for the whole period of publishing the goods on the website.
- The Seller reserves the right to change the price of the goods in the event of an obvious error in writing. The Seller will notify the Buyer of the price change without undue delay, either by confirming or annulling the order.
- The final price is the total price stated in the order form just before submitting the order. The final price is stated including VAT, other taxes and fees (such as postage), which the Buyer must pay to receive the goods. This price can be changed only by mutual agreement of both parties.
- The proof of sale, including the price of the goods, is the invoice, which is attached to the shipment, while also serving as a delivery and warranty card.
Postage and packing
- The price of transport and payment according to the current offer can be found at: https://www.butikmoda.eu/
- The Buyer is obliged to pay the Seller the purchase price agreed in the purchase contract, including the cost of delivery of goods. The parties may agree that the cost of delivery shall be borne by the Seller.
- The Buyer is obliged to pay the Seller the purchase price agreed in the purchase contract within the due date, but no later than when taking over the goods.
- The Buyer can pay the purchase price in the following ways:
- online debit/credit card payment
- payment via PayPal
- The Seller undertakes to deliver the ordered goods to the Buyer within 5 days from the date of order confirmation. If it is not possible to deliver the goods within the specified period, the contracting parties shall agree to provide an additional period for performance.
- The Seller has the goods on offer in stock. The goods will be shipped within 24 hours. Goods ordered before 10:00 on a business day is usually shipped the same day. Delivery is thus scheduled on the next working day.
- The Seller informs the Buyer about the dispatch of goods by e-mail. In the case that the goods will not be delivered to the Buyer within 3 working days from the day of informing about the dispatch of the goods, it is necessary to contact the Seller by e-mail at firstname.lastname@example.org.
- The Buyer is obliged to take over the goods at the place specified in the order, in person or to ensure that the goods are taken over by a person authorized by him.
- When taking over the goods, we recommend the Buyer or a person authorized by him to thoroughly check whether the packaging in which the goods are packed is not damaged or broken.In case of apparent damage to the transport packaging or the goods, we recommend not to accept the shipment. If you still decide to take over the shipment, we recommend that you write a record of the defects caused during transport with the carrier (courier) on the spot.
- Upon receipt of the goods, the Buyer, or a person authorized by him, is obliged to sign the receipt of the goods.
- The Buyer acknowledges that in the event of a breach of the obligation to take over the goods properly and in a timely manner, the Seller is entitled to compensation for damage incurred in connection with this breach in accordance with § 420 of the Civil Code. After 14 days from the date on which the Buyer was obliged to take over the goods, the Seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
- If, due to the absence of the Buyer at the place specified in the purchase contract, it is necessary to repeat the delivery of goods, the Seller reserves the right to re-deliver the goods to the Buyer after payment of the full purchase price and delivery costs.
- If the Seller does not fulfil the contract because he is not able deliver the ordered goods, he is obliged to immediately inform the Buyer consumer and return the price paid for the goods or advance within 15 days, unless the Seller and the Buyer agree on a replacement.
Acquisition of ownership and transfer of the risk of damage to the goods
- The Buyer acquires ownership of the goods until complete payment of the full purchase price for the goods.
- The risk of damage to the goods passes to the Buyer at the time when he takes over the goods from the Seller. If he does not do so in time, the risk passes at the time when the Seller allows him to dispose of the goods, even though the Buyer does not take over the goods.
Withdrawal from the contract
- Withdrawal from the contract of the Buyer, who is the consumer, is based on the relevant provisions of Act No. 102/2014 Coll. on the protection of the consumer when selling goods or providing services on the basis of a distance contract or one outside the business premises of the Seller's contract as well as the amendment and addition of certain laws in the version of later legal provisions.
- The consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the premises of the Seller within 14 days from the date of:
- taking over of goods
- the conclusion of a contract for the provision of a service
- concluding a contract for the provision of electronic content not supplied on a tangible medium.
- The goods are considered to have been taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
- the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods which was delivered last,
- delivers goods consisting of several parts or pieces, at the time of taking over the last part or the last piece,
- delivers the goods repeatedly during a specified period, at the moment of taking over the first delivered goods.
- The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawal from the contract.
- The consumer may exercise the right to withdraw from the contract with the Seller in paper form or in the form of a record on another durable medium. The consumer can use the withdrawal form.
- The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal was sent to the Seller no later than the last day of the period.
- The consumer is obliged to return the goods within 14 days of the day of the cancellation or to hand them over to the Seller or the person authorized by the Seller to take over the goods. This does not apply if the Seller suggests collecting the goods in person or through an authorized person. The deadline specified in the first sentence is deemed to have been met if the goods were handed over for dispatch on the last day of the deadline at the latest.
The consumer sends the goods to the Seller to the following address:
V a E, s.r.o,
Svidník, 089 01,
The returned goods must be in their original condition, complete with a tag and original packaging, if they were delivered with the goods. They must not be worn, washed, perfumed, used or damaged. Please note that the delivered goods can only be used for testing purposes - comparable to testing in a brick-and-mortar store. In case of damage to the goods by further use, we reserve the right to claim damages. You only have to pay for any loss of value of the goods if this loss of value is caused by manipulation that is not necessary to examine the nature, characteristics and functioning of the goods.
- The Seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the consumer, to return to the consumer all payments received from him under or in connection with the contract, including transport, delivery and postage and other costs and fees. The Seller is obliged to return the said payments to the consumer in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the Seller on another method of payment if no additional fees are charged to the consumer.
- Upon withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return payments to the consumer before the goods are delivered to him or until the consumer proves to send the goods back to the Seller, unless the Seller proposes to pick up the goods in person or through a person authorized by him.
- The Seller is not obliged to compensate the consumer for additional costs if the consumer has explicitly chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the Seller.
- In the event of withdrawal from the contract, the consumer shall bear the cost of returning the goods to the Seller or the person authorized by the Seller to take over the goods and, in the event of withdrawal from the distance contract, the cost of returning the goods.
- In the event of withdrawal from the contract, the consumer is liable for the reduction in the value of the goods resulting from such treatment of the goods which is beyond the scope of the treatment necessary to determine the characteristics and functionality of the goods.
- The Seller recommends that the Buyer insure the goods that are the subject of the return. The risk of damage to the goods, which is the subject of return, is borne by the Buyer until the moment the goods are taken over by the Seller.
- If the Buyer does not send a declaration of withdrawal at the latest with the return of the goods, the Seller requests that missing documents be added by email. If the consumer does not provide a declaration of withdrawal or the missing data within the grace period, the Seller reserves the right not to return the goods.
- The Seller reserves the right not to accept the goods sent by the Buyer in the form of cash on delivery.
- If gifts are delivered with the goods, the Buyer acknowledges that the gift agreement concluded between the parties is linked to this purchase agreement. If the Buyer makes use of the right to withdraw from the purchase contract, the gift contract becomes ineffective and the Buyer is obliged to return the gifts related to the returned goods.
- The return of part of the goods or their replacement does not constitute a withdrawal from the contract within the meaning of this law. It is an additional processing of the order. This change of order is not subject to this law. It is an agreement between the Buyer and the Seller. It is possible within a maximum of 14 days from receipt of the goods by the Buyer. It is voluntary, there is no legal right to it.
- The withdrawal from the contract by the purchasing entrepreneur is based on the relevant provisions of the Commercial Code.
Seller's liability for defects
- The legal regulation of the Seller's liability for defects is governed by § 619 et seq. of the Civil Code.
- The Seller is responsible for the defects that the goods have upon delivery. For used items, he is not responsible for defects caused by use or wear and tear. For items sold at a lower price, he is not responsible for a defect for which a lower price has been negotiated.
- If it is not an article that is quickly spoiled or used, the Seller is liable for defects that occur after taking over the item during the warranty period (warranty).
- The warranty period is 24 months. If the useful life of the item being sold, its packaging, or related instructions has expired, the warranty period will not end before that period has expired.
- At the request of the Buyer, the Seller is obliged to put the guarantee in writing (guarantee card). If the nature of the thing allows, it is enough to issue a proof of purchase instead of the warranty card.
- The warranty card contains the name of the Seller (surname and first name, company name or name of the Seller, business address or place of business), the content of the warranty, the scope and conditions, the warranty period and the data required to claim the warranty. Failure to include all of the details on the warranty card will not void the warranty.
- The warranty card is a proof of purchase - an invoice that also serves as a delivery note.
- The warranty period begins to run from the receipt of the item by the Buyer.
- When accepting the goods, we recommend the Buyer or his authorized representative to check the packaging in which the goods are packed to ensure that the packaging in which the goods are packed is not damaged or broken. In the event of obvious damage to the transport packaging or the goods, we recommend rejecting the shipment. However, if you decide to accept the shipment, we recommend that you leave a report on the spot with your carrier (courier) about the defects found during transport.
- The warranty does not cover normal wear and tear, mechanical damage, improper handling of the product, etc.
- The colour of the product may vary depending on the lighting conditions under which the product photo was taken and the settings and display of your monitor or screen. Product accessories such as zippers, buttons, pendants, etc. ... may have slight differences in shape, colour or hue.
- These complaints regulations regulate the way and the place of complaints, the procedure for processing complaints and the implementation of warranty repairs. It concerns the goods and services sold by the Seller to the consumer. Claims are processed in compliance with statutory and consumer rights in accordance with these complaints policy. Act No. 40/1964 Collection of the Civil Code, as amended, Act No. 250/2007 Collection on Consumer Protection and these Complaints Regulations.
- These complaints regulations are an integral part of the Seller's Business Conditions.
- These complaints regulations apply to goods purchased by the Buyer consumer from the Seller:
Business name: V a E, s.r.o.
Registration: Business register: District Court Prešov
Section: Sro, File number: 59110 / L
Registered seat: Karpatská 2260/21, 08901 Svidník, Slovakia
Company ID: 47 174 757
VAT ID: 2023782112
TAX ID: SK2023782112
- The Buyer - consumer within the meaning of § 2 a) Act No. 250/2007 Coll. on Consumer Protection in the currently applicable version (hereinafter "Consumer Protection Act") is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
- A consumer contract is any contract, whatever the legal form, which the supplier concludes with the consumer.
- Distance contracts are contracts for the delivery of goods or for the provision of services that are concluded between an entrepreneur and a consumer with the exclusive use of means of distance communication. Distance communication means are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, faxes, e-mails as well as radio, tele and media services.
- By concluding the purchase contract and taking over the goods, the Buyer agrees with these Complaints Regulations and the Business Conditions.
- The acceptance of the goods by the Seller is the moment they are handed over to the Seller or to the first parcel deliverer (courier). The acceptance of the goods by the consumer is the moment the goods are taken over from the Seller or from the parcel deliverer (courier).
- The supervisory authority shall be:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Prešov Region
Obrancov mieru 6, 080 01 Prešov, Slovakia
Department of Technical Product Inspection and Consumer Protection
Tel. no.: 051/7721 597
Fax no.: 051/7721 596
Warranty & warranty conditions
- The legal regulation of the Seller's liability for goods defects is subject to § 619 et seq. of the Civil Code
- The Seller is liable for defects that are present on the goods at the time of receipt by the Buyer. When selling used items, the Seller is not liable for defects caused by their use or wear. In the case of goods sold at a reduced price, the Seller is not liable for the defect for which the reduced price was agreed.
- If the goods are not perishable or used, the Seller is liable for defects that occur after receipt of the goods within the warranty period (warranty).
- The warranty period is set at 24 months. If specific period of use is stated on the goods sold, its packaging or the instructions attached to it, the warranty period cannot end before the expiry of this period.
- At the request of the Buyer, the Seller is obliged to provide a warranty in writing form (i.e., warranty card). If the nature of the goods allows it, it is satisfactory to issue a proof of purchase instead of a warranty card.
- The warranty card includes the following information: the Seller's designation (name and surname, business name or civil 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 data required to claim the warranty. If the warranty card does not encompass all the above listed requirements, it does not automatically invalidate the warranty.
- A proof of purchase of goods serves as the warranty card – i.e., an invoice, which also acts as a delivery note.
- The warranty period begins from the moment the goods are taken over by the Buyer.
- When taking over the goods by the Buyer or a person authorized by him, it is recommended to check whether the transport packaging in which the goods are packed is not damaged. It is advised not to accept the shipment with noticeably damaged goods. If the Buyer collects a damaged shipment from the carrier, it is suggested to describe the damage caused during transport in the carrier's handover protocol.
- The Buyer is entitled to refuse to accept a shipment that shows signs of non-compliance with the purchase contract.
- Incomplete or damaged shipment must be reported without undue delay by e-mail to: email@example.com.
- Prevention. When choosing goods, it is necessary that the selected type and size of the product exactly corresponds to the customer's needs. Before purchasing the product, the customer should consider the purpose of use, design, material composition and method of treatment of the goods. Only goods well-chosen in terms of function, assortment and size are a precondition for achieving the utility value and purpose of use of the goods. During the entire period of use of the purchased goods, it is essential that the customer pays adequate attention to the fundamental rules of use of these goods. All factors negatively affecting the complete functionality and life of the product must be considered, such as: excessive use of the product, use of the product for an unsuitable purpose. Another crucial condition for preserving the good condition of the goods and its functionality is its routine maintenance. It is required to realize that inaccurate or unsatisfactory maintenance of the goods significantly shortens their full functionality and service life. V and E, s.r.o. provides its customers information materials as a sufficient source of information necessary for the proper care of all types of goods sold.
The warranty period cannot be confused with the service life of the goods, i.e. the period during which, with appropriate use and care, including maintenance, the goods can withstand, due to their characteristics, given purpose and differences in the intensity of their use.
- The warranty does not cover damage caused by:
- mechanical damage to the goods (cutting, tearing off a part, loss of a part, breaking of a part)
- using the goods in conditions which do not correspond to their temperature, humidity, chemical and mechanical influences of the environment for its use,
- improper handling or neglect of care of the goods,
- excessive loading or use contrary to general principles,
- natural elements or force majeure.
- The warranty does not cover defects in the goods caused by the use of the goods by the Buyer, the so-called wear and tear.
The warranty does not cover in particular the following cases:
- deformation or other visual and functional changes that have their origin in the wear of the product during the warranty period, or are a natural property of the material used,
- wear and tear - damage due to incorrect size selection, non-compliance with the principles of purpose and incorrect maintenance resp. clothing care.
- mechanical wear (eg tearing or cutting the material, damage to zippers, buttons, etc.),
- visual and functional changes to the goods and their components originating from wear and tear from use during the warranty period,
- damage to the goods due to the action of oils, diesel, petrol and other aggressive substances,
- for the garments that have been repaired and adjusted during the warranty period that are not related to routine maintenance or wear and tear,
- discolouration due to increased sweating or the use of aggressive deodorants or detergents,
- If the Buyer is a consumer, he can claim defects in the goods from the Seller within the warranty period in accordance with the provisions of Act No. 40/1964 Collection Civil Code, as amended, Act No. 250/2007 Collection on Consumer Protection and these Complaints Regulations.
- The Seller is responsible for defects in the sold thing after taking over by the Buyer. The Buyer has the right to claim for defects in the goods during the warranty period.
- If a remediable defect occurs, the customer has the right to correct it free of charge, promptly and properly. The Seller is obliged to remedy the defects immediately. Instead of eliminating the defect (the repair), the Seller can always exchange the defective goods if the consumer agrees.
- If the defect is irreparable and prevents the goods from being used properly as defect-free goods, then the customer is entitled to request the replacement of the goods with new, defect-free goods (any goods can be exchanged at the customer's request) or to withdraw from the contract. If the nature of the irreparable defect does not prevent the proper use of the goods as defect-free goods (e.g. aesthetic defects) and the customer does not request an exchange, he has the right to a purchase price reduction or he can withdraw from the contract. When granting a discount, the nature of the defect, the degree and type of wear and tear of the product, the period of use of the product and the possibilities of further use are taken into account.
- The Buyer consumer is entitled to file a complaint in writing at the Seller's address:
V a E, s.r.o,
Svidník, 089 01,
The justified guarantee claim must be exercised within the guarantee period. The complaint must be made immediately after the defect is discovered. Any delay in the continued use of the goods can lead to a deepening of the defect and devaluation of the goods or make an objective assessment of the actual causes of the current condition of the goods impossible and a reason for the rejection of the complaint.
- When making a complaint, we recommend sending the completed complaint form, tax document proving the purchase of goods and proof of delivery (hereinafter referred to as "required documents") together with the defective goods.
- We recommend the Buyer to provide the following information in the complaint form:
- Buyer identification,
- electronic order number,
- a description of the goods claimed by the Buyer, giving the code, colour, size, quantity and price,
- description of claimed defects
- name and IBAN of the Buyer's bank account,
- date and signature of the Buyer.
- In the case of a complaint / return, the customer must ensure packaging that prevents damage to the goods. The customer is liable for any damage to the goods that can be traced back to inadequate packaging.
- The Seller recommends insuring the goods when sending them in for a complaint. The Buyer is obliged to provide all requested information in the notification of the assertion of the complaint, in particular to indicate precisely the type and extent of the defect in goods.
- If the Buyer does not deliver the required documents together with the goods he wishes to complain about, the Seller will invite him by e-mail to complete the missing data or attached missing required documents.
- If the Seller repeatedly fails to contact the Buyer or the Buyer does not respond to the Seller's e-mail request within 30 days of receipt of the goods and does not deliver the missing documents and thus make the procedure impossible, reserves the right to reserve the right the Seller reserves the right not to proceed with the complaint. If possible, the goods will be returned to the Buyer at the address given in the order at the Buyer's expense.
- If goods are not enclosed with the required documents, the Seller reserves the right not to deal with the matter in question and it is assumed that the Buyer does not intend to complain about the goods.
- The Seller reserves the right not to accept the goods sent by the Buyer cash on delivery.
- The Seller is obliged to determine the method of processing 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 assessment of the condition of the goods or service is required, no later than 30 days after the complaint. After deciding how to deal with the complaint, the claim will be resolved immediately, and in justified cases the complaint can be recovered later. After the complaint period has expired, the consumer has the right to withdraw from the contract or to exchange the product for another product
- The time from the warranty claim to the termination of the complaint is not included in the warranty period. In the event that the goods complained about are exchanged for new ones, a new warranty period runs with the receipt of new goods.
- If a consumer has applied a complaint to the goods in the first 12 months after purchase, the Seller can settle the complaint solely on the basis of professional judgment rejected, whatever the outcome of the expert assessment may require consumers to pay the cost of the assessment to cover by experts or other costs based on the judgment of experts.
- If the consumer product complaints are exercised after 12 months after purchase and the Seller refused it, the Seller is obliged to state in the document on the handling of the complaint to whom the consumer can send the product for professional 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 expediently incurred costs, shall be borne by the Seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the Seller for the defect, he can file a complaint again. The warranty period does not expire during the professional assessment. The Seller is obliged to reimburse the consumer within 14 days from the day of re-claiming all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
- Seller is obliged to confirm the submission of a complaint to the consumer as soon as possible and at the latest together with the proof of settlement of the damage delivered.Confirmation of submission of a complaint cannot be served if the consumer has the opportunity to demonstrate a complaint in a different way.
- The Buyer has the right and reimbursement of costs (in particular postage), which he incurred in connection with the exercise of legitimate rights from liability for defects and were incurred actually and efficiently.
- If, after delivery of the goods, the Buyer finds discrepancies between the delivered goods and the invoice, or damage to the goods, he shall immediately notify the Seller by e-mail to firstname.lastname@example.org.
If he does not do so, the complaint may later be rejected for this reason.
- Legal relationships between the Seller and the Buyer in connection with the use of internet commerce and the conclusion of a contractual relationship are subject to the law of the Slovak Republic.
- The participants in this legal relationship have agreed that in the event of a dispute, the court of the Slovak Republic has jurisdiction.
- In the event of a dispute between the Seller and the Buyer consumer, the consumer is entitled to turn to the Seller for redress, if the consumer is not satisfied with the manner of handling the complaint or if he believes that the Seller has violated his rights. The request for redress can be sent by e-mail to email@example.com or by mail to the Seller's address. If the Seller has responded to the request negatively or has not responded to it within 30 days from the date of delivery, the consumer has the right to apply for the initiation of ADR to one of the ADR (alternative dispute resolution) entities.
- The conditions of alternative dispute resolution are regulated by Act no. 391/2015 Coll. on alternative dispute resolution.
- The consumer may submit a proposal to initiate ADR to the relevant ADR entity, which is a legal entity registered in the list maintained by the Ministry of the Interior of the Slovak Republic or the Slovak Trade Inspection Authority (www.soi.sk).
- The consumer can also lodge a complaint through the alternative dispute resolution platform run by EU (ADR). The complaint can be submitted by filling in the online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2. The consumer has the right to choose between several ADR entities.
- Dispute resolution by one of the ADR entities can only be requested by the consumer. A consumer is a 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 only applies to disputes arising from distance consumer contracts.
- The ADR entity may reject the proposal in cases provided by law, for example if the quantified value of the dispute does not exceed 20 euros or if the consumer submits a proposal after one year from the date of receipt of the Seller's negative response or the 30-day time limit for commenting on the request.
- Alternative dispute resolution is in principle free of charge. The ADR entity may charge the consumer a fee for initiating ADR up to a maximum of € 5.
- The ADR entity shall proceed to the alternative resolution of the dispute in such a way that the dispute is resolved as quickly as possible, avoids unnecessary delays, acts economically and without unnecessarily and disproportionately burdening the parties to the dispute and other persons; if possible, it uses mainly telephone contact and electronic means for communication.
- The ADR entity shall terminate the ADR within 90 days from the date of its initiation. In particularly complex cases, the ADR entity may extend the time limit referred to in the first sentence by 30 days, even repeatedly. The ADR entity shall immediately inform the parties to the dispute of any extension of the time limit under the second sentence, together with the reason for the extension.
- If no agreement is reached between the parties to the dispute and the ADR entity finds a rational conclusion based on the findings of the ADR that the Seller has violated the consumer's rights under consumer protection rules, he shall terminate the ADR by issuing a non-binding reasoned opinion.
Validity of the contract
- The purchase contract is concluded for a fixed term in full compliance with the obligations of both parties arising from the purchase contract and these terms and conditions, which are part of this contract.
- The Seller keeps personal data provided by the Buyer exclusively for the purpose of fulfilling and additional confirmation of the conditions of the Purchase Agreement, for the purpose of processing the electronic order, delivery, settlement of payments and necessary communication between the parties for ten years.
- The Seller will not release the Buyer's data to third parties, except for subcontractors, intermediaries of the Seller, even only those data that are necessary for the successful completion of the delivery. When ordering goods through the E-shop www.butikmoda.eu, the Seller shall proceed with the handling of the Buyer's personal data in accordance with the EU Regulation 2016/679 on Data Protection (GDPR) and the provisions of the Personal Data Protection Act no. 18/2018 Coll.
- The Buyer confirms that he has provided his personal data to the Seller voluntarily and agrees to their processing in the Seller's records, unless they are against law, as well as access and provision of data to third parties and state institutions under the conditions and to the extent provided by law.
- The Buyer agrees to the processing, disclosure and use of his personal data for the purpose of direct marketing of the Seller for a period of ten years. Based on a free written request delivered to the Seller's address, the Buyer has the right to request confirmation of whether or not personal data about the Buyer are processed and to object to the processing of his personal data, which he assumes is or will be processed for direct marketing purposes without his consent. and request their disposal.
- The Buyer is entitled to revoke the consent to the processing of personal data in writing.
- The Buyer is familiar with the storage of so-called cookies on his PC. Through the settings of his web browser, the Buyer can manually delete, block or completely disable individual cookies. For instructions on how to reject or delete cookies, see the "Help" section of your web browser.
- These business conditions are valid in the wording stated on the website of the online store www.butikmoda.eu on the day of submitting the order to the Buyer, unless the parties agree otherwise.
- The Operator reserves the right to change these Terms and Conditions at any time, if required by a change in business policy or applicable legislation.
- These GTC are prepared by V and E, s.r.o. for the website www.butikmoda.eu, while they are protected in accordance with Act 618/2003 Coll. Copyright Act as amended. Without the consent of the author, it is forbidden to use this copyright work in any way, in particular, but not exclusively, to copy, publish, change, modify, distribute and otherwise misuse it.
These Terms and Conditions come into force and effect on 13.03.2017.