General Terms and Conditions
I. Fundamental Provisions
- These General Terms and Conditions (the “Terms and Conditions”) shall apply to the e-shop: www.vivienbabicova.com whose operator and seller is
Viviána Babicová, doing business on the basis of a trade license
ID No.: 51 424 533
Tax ID No.: 1084038241
Trade License Reg. Number 660-11051
with her registered office at: Adyho 232/16, 991 28 Vinica, Slovak Republic,
registered at the District Office of Veľký Krtíš, Trade License Department
(the “Seller”)The following are the Seller’s details important for communication between the consumer and the Seller:
Tel. No.: +421 919 199 711
- These Terms and Conditions apply to individuals who, upon concluding and performing the agreement, do not act within their scope of business (the “Consumer”) as well as to individuals acting within their business and legal entities (the “Entrepreneur”, jointly the “Purchaser”) through a web interface placed at the web site available at www.vivienbabicova.com, the “E-shop”).
- These Terms and Conditions regulate the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase agreement concluded between the Seller and the Purchaser mainly through the E-shop (the “Purchase Agreement”) as well as the mutual rights and obligations arising from the liability for defects of products and the warranty provided by the Seller for those products.
- The Terms and Conditions form a part of the Purchase Agreement. Unless a different arrangement is expressly provided in the Purchase Agreement or Annexes thereto or the application of certain provisions of these Terms and Conditions is excluded or otherwise modified under the Purchase Agreement or the other express arrangement between the Seller and the Purchaser, these Terms and Conditions shall apply in the remaining part to the mutual relations between the parties.
- Any and all contractual relations between the Seller and the Purchaser are concluded in accordance with Slovak law. If the contractual party is a Consumer, the legal relations not regulated herein shall be governed by Act No. 40/1964 Coll., the Civil Code, as amended, Act No. 250/2007 Coll. on the Consumer Protection, as amended, and Act No. 102/2014 Coll. on the Consumer Protection in the Sale of Goods or Provision of Services under Distance Agreements or Agreements Concluded Outside the Seller’s Premises and on Changes and Amendments to Certain Laws, as amended. If the contractual party is an Entrepreneur, the legal relations not regulated herein shall be governed by Act No. 513/1991 Coll., the Commercial Code, as amended.
- The Seller’s Complaints Policy issued in accordance with the applicable provisions of the Act on the Consumer Protection, and the Act on the Consumer Protection in the Sale of Goods under Distance Agreements forms an integral part hereof (the “Complaints Policy”) in which the Seller notifies the Consumers of the terms and conditions and manner of complaints, procedures regarding the exercising and handling of complaints and requests of the Consumers, including information regarding where a complaint can be lodged and on the performance of warranty repairs related to the good purchased at the E-shop.
- Any and all orders received through the website www.vivienbabicova.com shall be deemed to be binding. The Seller reserves the right to change the prices. The Purchaser shall pay the price specified in the email she/he receives after the order confirmation and subsequently in the issued invoice. With regard to the orders made through telephone, the price indicated at www.vivienbabicova.com on the date of ordering of the goods shall apply.
II. Information Regarding Goods and Prices
- The information regarding the goods, including the specification of the prices for individual goods and their main features are specified with regard to each individual product in the catalogue of the E-shop at the Seller’s website (www.vivienbabicova.com). Thus, prior to the conclusion of the Purchase Agreement or sending of the order, the Seller notifies the Consumer in a clear and understandable manner of the main features of the goods or the nature of the services as well as other facts required by law to the extent reasonable to the used means of communication.
- The prices shown on the E-shop for the goods include value added tax. The prices for the goods shall be valid for the period during which they are displayed in the E-shop. This provision does not preclude individual arrangements of the terms and conditions of the Purchase Agreement.
- Any and all presentations of the goods and information regarding the goods displayed in the catalogue of the E-shop are for informative purposes and the Seller is not obliged to conclude Purchase Agreements with regard to such goods.
- The information regarding costs related to the packaging and delivery of goods are disclosed in the E-shop. These prices shall be added to the price for the ordered goods and together they shall comprise the final price.
III. Order and Conclusion of the Purchase Agreement
- The Purchaser shall make the order in the following manner:
- At first, through the interface “SHOP”, the Purchaser shall take any and all required steps in order to select the product. For example, with regard to the “SEAT BELT BAG” product, he/she at first selects the material of the product (handbag and related belt), followed by the colour, size and the additional cross-body strap.
- After selection, the Consumer shall move to the “BASKET” section, where he/she shall check the content of the order, fill out the contact details required for the completion of the order and select the manner of payment and transport.
After the performance of the above, the Purchaser shall send the order to the Seller by clicking on “order with payment obligation”.The Seller will only accept such order for processing in which the obligatory fields are properly and completely filled out.
- Prior to the sending of the order, the Purchaser may check, correct and change the information indicated in the order. The information provided in the order shall be deemed to be accurate by the Seller, and the Purchaser shall be responsible for the accurate nature of such information.
- Without undue delay after the receipt of the order, the Seller shall send the Purchaser the confirmation of the order delivery to the email address indicated by the Purchaser in the order. Such confirmation shall be deemed to be the conclusion of the purchase agreement. The confirmation shall contain the list of ordered items, their prices and the link (https://vivienbabicova.com/en/terms-and-conditions/) to the Seller’s current Terms and Conditions, which the Purchaser acknowledged reading when making the order. At this moment, the Purchase Agreement between the Purchaser and the Seller is concluded.
- The Seller shall dispatch the goods within five business days after the Seller´s receipt of the payment if the goods are in stock. If the goods are not in stock, this period shall last no longer than 30 business days after the receipt of the payment. If this period is prolonged, the Seller shall contact the Purchaser via e-mail or by phone and notify him/her of the change as soon as possible. The Seller shall not be liable for any delay in the order due to reasons on the part of the delivery company.
- When taking into account the terms and conditions below, the Seller agrees to send the goods to the Purchaser as soon as possible, but no later than 30 days after the conclusion of the Purchase Agreement. If the payment is made by a payment card through a payment service or via a bank transfer upon the completion of the order, the Seller shall send the goods after the payment is credited to the Seller´s bank account.
- After the receipt of the payment, the dispatch of the goods, and the performance of obligations, the Purchase Agreement shall cease to exist. Therefore, the Purchase Agreement is concluded for a definite period of time.
- The Seller shall not be liable for damages incurred as a result of delays in the dispatch or delivery of goods caused through no fault of the Seller.
- If the Seller cannot fulfil any of the requirements specified in the order the Seller shall send the Purchaser the adjusted offer via his/her email address. The adjusted offer shall be deemed to be a new proposal of purchase agreement and in this case, the Purchase Agreement shall be concluded when the Purchaser notifies the Seller of his/her acceptance of the proposal sent to her email address specified herein.
- All orders received by the Seller shall be binding. The Purchaser may cancel the order via email sent to the email address firstname.lastname@example.org but only to the moment of receiving an e-mail notification about the alignment of the order. The consumers right to retract the purchase agreement is not touched by this.
- In the event of a manifest technical error on the part of the Seller when indicating the price for the goods in her E-shop or during the ordering process, the Seller shall not be obliged to deliver the goods to the Purchaser for this obviously incorrect price, even if the confirmation has been sent to the Purchaser regarding the acceptance of the order hereunder. The Seller shall notify the Purchaser of the error without undue delay and send the Purchaser the adjusted offer to his/her email address. The adjusted offer shall be deemed to be a new proposal of purchase agreement, and in this case, the Purchase Agreement is concluded when the Purchaser informs the Seller of his/her acceptance of Seller´s proposal in an email sent to her email address.
- The Purchase Agreement between the Seller and the Purchaser shall be concluded in English.
- The Purchaser agrees to the use of the distance communication means when concluding the Purchase Agreement through the E-shop. Costs incurred by the Purchaser during the use of the distance communication means in relation to the conclusion of the Purchase Agreement through the E-shop (such as costs for internet connection, telephone call expenses) shall be exclusively borne by the Purchaser.
IV. Payment Terms and Conditions and Delivery of Goods
- The Purchaser may pay the price for the goods and any costs related to the delivery of goods under the Purchase Agreement as follows:
- by wire transfer to the Seller’s account through the GoPay payment system. After the completion of the order, the Purchaser will be transferred to a third party’s payment server where he/she shall fill out the required payment information. After the verification of its validity the order shall be confirmed, and the amount of the purchase price shall be deducted from the Purchaser’s account.
- by person at the place of dispatch determined by the Seller
- by wire transfer to the Seller’s account maintained with Všeobecná úverová banka a.s., account No SK61 0200 0000 0039 6719 5059. When selecting the payment by wire transfer, the Purchaser shall pay the price for the order before its processing to the Seller’s account with an indication of the reference (variable) symbol which corresponds to the order number and which the Purchaser will receive when completing the order; the goods shall be dispatched to the Purchaser after the purchase price is credited to the Seller’s account. If the payment for the goods is made via wire transfer, the purchase price shall be deemed to be paid on the date when the relevant amount is credited to the Seller’s account.The above forms of payment shall be without prejudice to the Seller’s right to allow only an advance payment in specific cases.
- Along with the purchase price, the Purchaser shall be obliged to pay the Seller the costs related to the packaging and delivery of goods in the contractual amount. Unless otherwise expressly provided herein, the purchase price shall hereinafter also mean the costs related to the delivery of goods.
- In the event of a payment in cash, the purchase price shall be due and payable upon the takeover of the goods.
- If the payment is made through a payment system, the Purchaser shall follow the instructions of the relevant provider of the electronic payments.
- The Seller shall not request any advance payment or other similar payment from the Purchaser. The payment of the purchase price prior to the dispatch of goods shall not be deemed to be an advance payment.
- If the Purchaser orders more than 4 pieces of products in a single calendar day (in one or several orders), the purchase price for the goods together with the related costs may only be paid in advance. In such case, the Purchaser acknowledges that the delivery period may be more than 30 (in words: thirty) business days. The purchase price for the goods together with the related costs may only be paid in advance also in the event of repeated unjustified returns of manifestly used goods by the Purchaser and/or in the event of the Purchaser’s repeated unreasonable failure to take over the ordered goods, to the extent permitted by law.
- Pursuant to the Act on Revenue Records, the Seller shall be obliged to issue a tax document to the Purchaser.
- The goods shall be delivered to the Purchaser:
- at the address designated by the Purchaser in the order
- to another place individually agreed between the Seller and the Purchaser
- The form of delivery shall be selected during the ordering of the goods.
- Costs for the delivery of goods shall be indicated in the Purchaser’s order and the Seller’s order confirmation based on the form of dispatch and takeover of the goods. The Seller shall be entitled to the payment of costs related to the transport of the goods in the amount according to the current price list of the transporter performing the selected form of transport of the goods, as indicated in the Purchaser’s order. If the form of transport is agreed according to a special requirement of the Purchaser, the Purchaser shall bear the risk and any additional costs related to such form of transport.
- If under the Purchase Agreement, the Seller is obliged to deliver the goods to the place designated by the Purchaser in the order, the Purchaser shall be obliged to take over the goods upon their delivery. If due to the reasons on the part of the Purchaser, the goods must be delivered repeatedly or in form other than that indicated in the order, the Purchaser shall be obliged to pay the costs related to the repeated delivery of goods or the costs related to other form of delivery.
- When taking over the goods from the transporter, the Purchaser shall be obliged to check whether the packaging of the goods is not damaged and in the event of any defects, immediately notify the transporter. If the damage to the packing is detected which indicates the unauthorised intrusion in the transport, the Purchaser shall not be required to take over the shipment from the transporter. By signing a delivery note, the Purchaser confirms that the packaging of the shipment containing the goods has not been broken or damaged.
- The Seller shall issue a tax document – an invoice to the Purchaser. The tax document shall be sent to the Purchaser’s email address.
- The Purchaser shall acquire the ownership title to the goods upon the payment of the entire purchase price for the goods, including delivery costs, however, not earlier than the takeover of the goods. The liability for accidental loss, damage or destruction of the goods shall pass to the Purchaser at the moment of his/her takeover of the goods or at the moment when the Purchaser was obliged to take the goods over, but failed to do so in conflict with the Purchase Agreement.
V. Complaints Policy (Liability for Defects, Warranty and Complaints)
- The rights and obligations of the parties related to the rights of the consumer arising from the defective performance and the liability of the Seller for defects of the sold goods shall be governed by the provision of Section 619 et seq. of the Civil Code, and by the relevant provisions of the Act on the Consumer Protection.
- The Seller shall be liable for defects in the sold goods existing at the time of its takeover by the Consumer. If the subject of the Purchase Agreement is used goods, the Seller shall not be liable for defects incurred as a result of its use or wear and tear. If the goods are sold for a lower price, the Seller shall not be liable for a defect for which a lower price has been agreed. The Seller shall also not be liable for defects of goods of which the Consumer was informed upon the conclusion of the Purchase Agreement.
- The warranty period stipulated by law is 24 months. It commences on the date of takeover of the product by the Purchaser. The Seller shall not guarantee any delayed delivery of goods caused by a delivery company, an inaccurate address provided by the Consumer or for damage to the goods during its transport. The Purchaser acknowledges that he/she is obliged to check the goods immediately upon its takeover. If during the Purchaser’s takeover of the goods they do not correspond to the Purchase Agreement, the Purchaser shall be obliged to immediately notify the Seller of this fact.
- In the event of:
- a defect that can be rectified, the Purchaser shall be entitled to have such defect be rectified free of charge, in due time and proper manner without undue delay. The Purchaser acknowledges that the Seller shall be entitled to replace defective goods for the goods free of defects instead of the rectification of the defect always at Seller´s own discretion and provided that unreasonable costs would be incurred by the Seller in respect of the price for the goods or the gravity of the defect.
- a defect that cannot be rectified and which prevents the proper use of the goods, the Purchaser shall be entitled to the replacement of the product or to withdraw from the Purchase Agreement
- a defect that cannot be rectified, but which does not prevent the proper use of the goods, the Purchaser shall be entitled to a reasonable price discount
- a defect that can be rectified, but which prevents the proper use of the product as a result of a repeatedly occurring defect after its repair or due to the higher number of defects, the Purchaser shall be entitled to the replacement of the goods or to withdraw from the Purchase Agreement.If the defect only refers to a part of the goods, e.g., the defect only related to the strap to the handbag, the Seller shall perform the above-mentioned rectification only in respect of that part of the goods.
- The goods which are subject of the complaint shall be sent from the Purchaser to the Seller and vice versa by post or another delivery company based on the agreement between the parties.
- Costs for transport to the Seller shall be paid by the Purchaser, while costs for transport back to the Purchaser shall be paid by the Seller. The complaint must indicate the nature of the defect and a copy of the purchase document and the contact details to the Purchaser – complainant, must be attached to the complaint. The complaint must be designated, e.g., “Notification of the Complaint”. The Seller handles complaints on business days, from 9:00 a.m. to 4:00 p.m. via e-mail or in writing. The Seller shall handle each complaint without undue delay and shall notify the Purchaser of its processing.
- The warranty shall not apply to damage incurred as a result of:
- natural or excessive mechanical wear and tear of the material;
- soiling of the goods or its parts due to negligence of their maintenance;
- colouring of the light colour of the goods due to an unsuitable combination of clothing (dark jeans);
- the use of the goods under conditions which do not correspond to their temperature, dustiness, humidity, chemical and mechanical environmental influences, in which the goods are usually used;
- external influences, such as falls or impact;
- interference in the goods by an unauthorised person (unprofessional repairs or adjustments);
- excess-voltage, e.g., thunder strike, impact of a magnetic field;
- the use of the goods in conflict with the instruction manual; or
- mechanical damage – torn, cut, thermally damaged goods, goods damaged due to careless, inappropriate physical treatment, intentional scratching of the layers of the goods, etc.
- The warranty shall also not apply to damage incurred as a result of force majeure, natural disaster, violent damage, weather conditions or use in extreme or unusual conditions.
- The Seller shall decide on the complaint no later than 30 days after the date of filing of the complaint. After the lapse of this period, the Consumer shall be entitled to withdraw from the Purchase Agreement or to the replacement of the product for a new one. The Seller shall notify the Purchaser of the handling of the complaint by telephone or email and shall send the goods at her own expense to the Purchaser’s address. The Seller shall also send to Purchaser the certificate of complaint. When a justified complaint is handled, the warranty period shall be extended by the duration of the complaint procedure. If the complaint was handled within the statutory warranty period by the replacement of the goods for new goods, the warranty period shall re-commence on the date of handling of the complaint.
- The warranty period for the offered goods is 24 months, unless a longer period is indicated with regard to the goods, and it shall commence on the date of takeover of the goods by the Consumer. After the handling of the complaint, the repaired goods and the certificate of complaint shall be delivered to the Purchaser.
- In the event of an unjustified complaint, the goods shall be returned to the Purchaser with the relevant opinion.
The Seller notified the Purchaser (who is the Consumer) of his/her rights arising from the provision of Section 622 of the Civil Code and the rights arising to him/her from the provisions of Section 623 of the Civil Code in such a manner that these Terms and Conditions were posted at the relevant sub-site of the Seller’s website (www.vivienbabicova.com) and the Purchaser had the opportunity to read them prior to the sending of the order.The Purchaser’s entitlement to file a complaint regarding defective goods shall be deemed to have terminated after he/she exercised his/her right and requested that the Seller rectify the defect of the goods hereunder, and regardless of the result of the complaint, the Purchaser shall not be entitled to file another complaint with regard to the same unique defect (not a defect of the same type).
VI. Withdrawal from the Purchase Agreement
- Only the Purchaser – Consumer, i.e., the individual who is also the Purchaser and upon the conclusion and performance of the Purchase Agreement does not act within its cope of business or another entrepreneur activities, employment or job position, shall be entitled to withdraw from the Purchase Agreement under this Article hereof.
- If the distance Purchase Agreement is concluded (through the E-shop) and the requirements stipulated by law are also performed, pursuant to the Act on the Consumer Protection in the Sale of Goods under Distance Agreements, the Consumer shall be entitled to withdraw from the Purchase Agreement without indicating a reason and without any sanction within 14 days after the takeover of the goods (the “Statutory Period for the Withdrawal from the Contract”).
- The Consumer shall be entitled to withdraw from the Purchase Agreement whose subject is the delivery of goods even prior to the commencement of the period for the withdrawal from the Purchase Agreement.
- If the Consumer notifies the Seller of the fact that he/she is withdrawing from the Purchase Agreement and within the statutory 14-day period for the withdrawal from the Purchase Agreement and returns the goods within the same period, however, no later than 14 days after the date of withdrawal from the Purchase Agreement, the Purchase Agreement shall be terminated from the beginning. In order to withdraw from the Purchase Agreement, the Consumer may use the form for withdrawal from the Purchase Agreement delivered to him/her together with the order confirmation, whereby he/she may exercise his/her right to withdraw from the Purchase Agreement. At least the Consumer’s name and surname, the order number, the designation of the goods and account number for the return of the money must be indicated in the given form.
- Within this period, after the takeover of the goods, the Consumer shall be entitled to unpack the goods and try them in a similar way as is usual for shopping in classical shop in order to ascertain the nature, features and functioning of the goods. If the Consumer withdraws from the Purchase Agreement within the statutory 14-day period, he/she shall be liable for the reduction of the value of the goods which resulted from such treatment of the goods beyond the treatment required to ascertain the features and the functioning of the goods.
- When exercising the right to withdraw from the Purchase Agreement within the statutory 14-day period, the Consumer shall be obliged to send the goods back or hand over the goods to the Seller or a person authorised by the Seller to take over the goods within 14 days of the date of withdrawal from the Purchase Agreement. The goods must be sent to the Seller’s address, i.e., Vivien Babicová, Adyho 232/16, 991 28 Vinica.
- The Consumer acknowledges that the original costs for delivery of goods shall be returned to him/her only if the Purchase Agreement is withdrawn in full.
- If the Consumer withdraws from a Purchase Agreement whose subject is the sale of goods, the Seller shall not be obliged to return the received money/payments to the Consumer before the Consumer hands over the goods (delivers them) or unless the Consumer proves that the goods were sent back to the operator.
- The Consumer acknowledges that if he/she withdraws from the Purchase Agreement, he/she shall bear the costs for return of the goods to the Seller pursuant to Section 10(3) of the Act on the Consumer Protection in the Sale of Goods under Distance Agreements. The Consumer shall also be liable for the reduction of the value of the goods which resulted from such treatment of the goods beyond the treatment required to ascertain the features and the functioning of the goods.
- The Seller strives to have a good orientation regarding the market with the goods being sold, however, it may happen that she will not be able to deliver the ordered goods under the terms and conditions agreed in the Purchase Agreement or she will not be able to deliver them at all through no fault of her own. Therefore, the Seller reserves the right in such cases to withdraw from the Purchase Agreement concluded with a Purchaser who is an individual, Entrepreneur and the Purchaser must agree with such extraordinary situation.
VII. Alternative Dispute Resolution
- The Purchaser (who is the Consumer) shall be entitled to contact the Seller with a request for remedy if he/she is not satisfied with the manner in which the Seller has treated his/her complaint or if he/she believes that the Seller has violated his/her rights.
- If the Seller denies the request for remedy pursuant to the preceding sentence or fails to reply to it within 30 days of its dispatch, the Consumer shall be entitled to file a request for the initiation of alternative dispute resolution (the “ADR”) pursuant to the provision of Section 12 of Act No. 391/2015 Coll. on Alternative Consumers Dispute Resolution and on Changes and Amendments to Certain Laws.
- The Slovak Trade Inspectorate, www.soi.sk or another relevant authorised legal entity registered in the List of Alternative Dispute Resolution Entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at the website http://www.mhsr.sk) shall be the competent entity with regard to ADR with the Seller. The Consumer shall have a right to choose the ADR entity he/she will refer to.
- The Consumer shall file the request to the relevant ARD entity; the option to refer to the court shall not be affected thereby.
- Further terms and conditions related to the ARD are stipulated by Act No. 391/2015 Coll. on Alternative Consumers Dispute Resolution and on Changes and Amendments to Certain Laws.
- In order to file a request to the ARD, the Consumer can use the platform for on-line dispute resolution available at the website http://ec.europa.eu/consumers/odr/.
- In the event of any problems, the Consumer may contact the Seller at: email@example.com.
VIII. Protection of Personal Data
The entire text of the document regarding the protection of personal data is available at www.vivienbabicova.com .
IX. Final Provisions
- Any and all arrangements between the Seller and the Purchaser shall be governed by Slovak law. If the relationship established by the Purchase Agreement has an international element, the parties have agreed that the relationship shall be governed by Slovak law, these Terms and Conditions and the applicable provisions of the legal regulations. Any and all rights to the Seller’s websites, especially her copyright to the content, including the layout of the website, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, adjust or otherwise use the websites or their parts without the Seller’s consent.
- The Seller shall not be liable for defects incurred as a result of interference by third parties in the E-shop or as a result of its use in conflict with its designation. When using the E-shop, the Purchaser may not use such procedures that could have an adverse effect on its operation and may not carry out any activity that could allow him/her or third parties to intervene or use software or other parts comprising the E-shop in an unauthorised manner or use the E-shop or its parts or software in such a manner which would be in conflict with its designation or purpose.
- The Purchase Agreement, including the Terms and Conditions is archived by the Seller in electronic form and is not publicly available.
- In case of any discrepancy or conflict between the Slovak and English version of these General Terms and Conditions, the Slovak version shall be governing and binding.
- The Seller shall be entitled to change or amend the text of these Terms and Conditions. This provision shall be without prejudice to the rights and obligations arising for the period during which the preceding text of the Terms and Conditions is effective.
These Terms and Conditions shall take effect on 1 July 2018.