Company Name: Miroslava Maneková - Látky MAGNÓLIA
Street and house number: Modranská 1720 / 2B
City and ZIP Code: Šenkvice 900 81
Country: Slovak Republic
IČO: 50 839 110
Tax ID: 1076043650
registered in ŽR District Office Pezinok, number ŽR: 130-25226
phone number: +421 902423197
e-mail: info@latkymagnolia.sk or via Etsy
Supervisory authority:
SOI Inspectorate for the Bratislava Region
Prievozská 32, P. O. BOX no. 5, 820 07 Bratislava 27
Department of Supervision
tel. no. 02/58 27 21 72, 02/58 27 21 04
www.soi.sk
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
These terms and conditions apply to long distance contracts in https://www.etsy.com/shop/MagnoliaFabricEurope e-shop between seller and buyer pursuant to Act no. 102/2014 z. Z. On Consumer Protection in the Sale of Goods or Provision of Services under a Long Distance Contract.
The seller is:
Miroslava Maneková - Látky MAGNÓLIA
Modranská 1720 / 2b
90081 chenkvice
IČO: 50839110
Tax ID: 1076043650
Tel. 0902423197
e-mail: info@latkymagnolia.sk or via Etsy
Registered in the trade register of district office of pezinok under no. 130-25226.
The buyer is the consumer, i. A natural person who, when concluding and fulfilling a consumer contract, does not carry out an occupation or occupation within the scope of his business. Purchases made by the Business Entity are governed by Commercial Code no. 513/1991 zb.
The Consumer Protection Supervisory Authority is:
SOI Inspectorate for the Bratislava Region, Prievozská 32
P.O.Box 5
820 07 Bratislava 27
Sending a completed order to the buyer is considered as a proposal to conclude a contract under the Civil Code, based on the offer of the seller in the e-shop. The contract is concluded by confirming an order from the seller.
All product prices in e-shop are final, including all taxes. The seller is not a VAT payer. Product price does not include delivery costs. These are also included in the shopping cart before the order is completed, where the buyer sees the total price of the order, including delivery costs.
If there is no delivery time for the product, the seller will deliver the goods to the purchaser no later than 30 days.
Goods are deemed to have been taken over by the buyer at a time when the buyer or a third party (other than the carrier) designated by him or her takes all parts of the ordered goods or
(a) the goods ordered by the buyer in a single order are delivered separately, at the time of receipt of the goods which have been delivered as the last,
(b) supplies goods consisting of several pieces or pieces, at the time of taking over the last part or the last piece
(c) supplies the goods repeatedly for a specified period, at the time of receipt of the first delivered goods.
The seller is responsible for the defects that the goods have on the buyer's receipt. For used items, it is not responsible for defects caused by use or wear. For items sold at a lower price, it is not responsible for a defect for which a lower price has been negotiated. If it is not a matter that is quickly spoiled or used, the seller is responsible for defects that occur after taking over the item in the warranty period (warranty).
The warranty period for new goods is 24 months, which stems from taking goods to buyers. The warranty period for the used goods is 12 months. The warranty period for the custom-made thing is 24 months. If the term of use for the case being sold, its packaging or the instructions attached to it, the warranty period does not expire before the expiration of this period. The warranty certificate is issued at the request of the buyer. A proof of purchase is sufficient to claim a claim. If the goods have a defect that can be removed, the buyer has the right to be removed free of charge, timely and properly. The seller is required to remove the defect without undue delay.
However, the buyer should not continue to use the case on which he found the defect. In the case of errors that occur after the purchase, it must be denounced without undue delay from the discovery of the error, no later than the expiry of the warranty period. After the warranty expires, the right to claim will expire.
The wear and tear characteristic of the material or use is not considered to be a defect. It is not a defect if the nature of the case is that its life is shorter than the warranty period, and when it is used normally, it will result in its total wear before the expiry of the warranty period. Instead of removing the defect, the buyer may request the exchange of the thing or if the defect only concerns part of the thing, the replacement of the part, and the seller does not incur disproportionate costs in terms of the price of the goods or the seriousness of the defect. Instead of removing the defect, the seller may always replace the defective thing as impeccable if the buyer does not cause serious difficulties. If there is a fault that can not be eliminated and prevents the thing from being properly used as a thing without a fault, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights apply to the buyer if there are removable defects, but if the buyer can not properly use the defects after repair or for more defects. In the case of other non-defectable defects, the buyer is entitled to an appropriate discount on the price of the item. Rights of Liability for Defects apply to the seller at the address of the registered office. If, however, the warranty service is provided with a warranty service that is closer to the seller or buyer, the buyer will be entitled to a repair at the warranty service. The warranty service must be repaired within a maximum of 30 days. If a replacement occurs, the warranty period will begin to run again from the receipt of the new item. The same applies if you replace the warranty component.
Claiming a claim means terminating a claim by submitting a repaired product, exchanging the product, returning the purchase price of the product, paying a reasonable discount on the product price, a written request for a delivery or a reasoned refusal.
In the event of a claim, the seller will determine the manner of handling the claim immediately or in complex cases no later than within 3 working days from the date of the claim, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, at the latest within 30 days from the date of the complaint. After determining how the complaint is handled, the claim will be rectified immediately, and in justified cases the complaint may be recovered later; However, the claim may not take longer than 30 days from the date of the claim. After the expiration of the deadline for handling the claim, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
If a buyer has claimed a product complaint during the first 12 months of purchase, the seller may only refute the claim by refusing to make a claim based on expert judgment; regardless of the outcome of the expert judgment, will not require the buyer to cover the costs of professional judgment or other costs related to professional judgment. The seller is obliged to provide the buyer with a copy of the professional judgment justifying the rejection of the claim no later than 14 days after the day of filing the claim.
If the buyer claimed the product after 12 months of purchase and the seller rejected it, the seller in the proof of the complaint shall indicate to whom the buyer can send the product for expert judgment. If the product is sent for expert judgment to the intended person, the costs of professional judgment, as well as all other related expense incurred, are borne by the seller irrespective of the outcome of the professional judgment. If the buyer by professional judgment shows the seller's liability for a fault, it may
reapply the claim; during the professional judgment, the warranty period does not go away. The seller is obliged to pay to the buyer within 14 days of the day of the claim again the cost of the expert's assessment as well as all the expen- diture expensively related to it. The reclaimed claim can not be denied.
The seller is required to issue a receipt to the buyer when claiming. If a complaint is filed via email, the seller is required to deliver the claim confirmation immediately to the buyer; if it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with a proof of equipment; the claim confirmation does not have to be delivered if the buyer has the opportunity to prove the claim in another way.
1050/5000
The warranty does not apply to defects caused by:
mechanical damage to the goods caused by the buyer after the product is taken over,
use of the goods contrary to the manufacturer's instructions,
the use of the goods under conditions which do not correspond to the environment for which the goods are intended,
unauthorized interference with the use or neglect of the care and maintenance of the goods,
excessive loading in contravention of the conditions in the goods documentation,
general principles, technical standards or safety regulations in force in the Slovak Republic,
when the product is shipped after takeover by the buyer,
water, fire, static or atmospheric electricity, or other power of force,
repair or modification of goods by persons who are not authorized to perform warranty repairs,
wear, material-specific or use-specific.
If the buyer claims the above defects, the claim may be reasonably rejected.
The seller points out that the purchased substances need to be pre-washed and that the clotting properties of the substance should be considered when ordering and handling.
The buyer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. This right can only be used by the consumer.
Goods are deemed to have been taken over by the buyer at a time when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods or
(a) the goods ordered by the buyer in a single order are delivered separately, at the time of receipt of the goods which have been delivered as the last,
(b) supplies goods consisting of several pieces or pieces, at the time of receipt of the last
part or last piece,
(c) supplies the goods repeatedly for a specified period, at the time of receipt of the first delivered goods.
The buyer may withdraw from the contract for the delivery of the goods even before the start of the withdrawal period.
The buyer can not withdraw from the contract, which is subject to:
the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods specifically intended for a single consumer,
the sale of goods contained in a protective package which is not appropriate to be returned for health or hygiene reasons and whose protective packaging has been tampered with after delivery,
the sale of goods which, by reason of their nature, can be inseparably mixed with other goods after delivery.
The buyer may exercise the right to withdraw from the contract in writing or on another durable medium (e.g., by e-mail) or by sending a filled-in form available for download at the beginning of this Business and Terms of Service sub-page.
The right to withdraw from the contract may also be exercised by sending a notice of withdrawal even on the last day of the 14-day period.
Upon receipt of the notice of withdrawal, the seller shall return the purchaser within 14 days at the latest of all payments received by him or her under the contract, including shipping, delivery, postage and other costs and fees. The seller will return the payment in the same manner as the buyer used to make the payment. The buyer may also agree with the seller on another way of refunding.
The seller is not obliged to pay additional costs to the buyer if the buyer has explicitly chosen another delivery method, such as the cheapest normal delivery method offered by the seller. Additional costs are the difference between the delivery costs chosen by the buyer and the cost of the cheapest normal delivery method offered by the seller.
Upon rescission, the seller is not obliged to return the buyer to the payment before the goods are delivered to him / her or until the buyer has proof of sending the goods back to the seller, unless the seller suggests that the goods be picked up personally or through a person authorized by the seller.
The buyer is obliged to send the goods back or hand it over to the seller or the person authorized by the seller to take delivery of the goods within 14 days from the date of withdrawal. This period shall be deemed to have been maintained if the goods were handed over for shipment at the latest on the last day of the period.
Upon withdrawal, the buyer will only bear the cost of returning the goods to the seller or the person authorized by the seller to take delivery of the goods, as well as the cost of returning the goods, which due to its nature can not be returned via mail.
The buyer is responsible for diminishing the value of the goods resulting from such treatment of the goods, which is beyond the treatment necessary to ascertain the characteristics and functionality of the goods.
After the delivery of the goods, the buyer has the opportunity to test its functionality, but he can not use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should manipulate and control the goods only in the way they are allowed in a "stone" shop. The buyer is required to manipulate and control the goods with due care during the withdrawal period. For example, purchased items should only be tested by the buyer, but they should not be used (cut, wash, modify, sew, etc.) and return the goods with original tags or other protective or identifying means.
The purchaser - the consumer - has the right to contact the seller with a request for redress (for example by email) if he is not satisfied with the seller's handling of his claim or if he believes that the seller has breached his consumer rights. If the seller answers or fails to respond to this request within 30 days of its dispatch, the consumer has the right to file a petition for alternative dispute resolution (ADR entity) under Act 391/2015 Zz. ARS entities are bodies and authorized legal entities under § 3 of Act 391/2015 Z.z. The list of ARS entities can be found on the website of the Ministry of Economy of the SR www.mhsr.sk.
The proposal may be submitted by the consumer according to the method specified in §12 of Act 391/2015 Z.z.
The consumer can also file a complaint through the RSO Alternative Dispute Resolution Platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm
An alternative dispute resolution can only be used by a consumer - a natural person who does not take part in the course of his business, employment or occupation when he concludes and performs a consumer contract. An alternative dispute resolution only concerns a dispute between a consumer and a seller resulting from a consumer contract or a consumer contract. Alternative dispute resolution applies only to long distance contracts. An alternative dispute resolution does not deal with disputes where the value of the dispute does not exceed EUR 20. The ARS may require the consumer to charge a fee for starting an alternative dispute resolution up to a maximum of EUR 5 with VAT.
The purpose of processing personal data is to use them to fulfill a consumer contract that the seller concludes with the buyer by creating an order in this online store. This consumer contract is also the legal basis for the processing of the buyer's personal data. The provision of buyer's personal data is a contractual requirement that is required to conclude a contract. Providing personal data is a prerequisite for buying in the seller's e-shop. If the buyer fails to provide all the required personal information to the seller, this may result in the conclusion of the purchase contract.
The Seller shall process the personal data in accordance with Act no. 18/2018 on the protection of personal data and process only the personal data necessary for the conclusion of a consumer contract.
The seller processes the customary personal data of the buyer.
Buyer's personal information is stored in the seller's information system for 10 years.
Buyer has the right and ability to update personal information in online mode on the web site, customer section, sign-up, or other form (by e-mail, in writing).
Personal data may be provided to third parties for the purposes of fulfilling the consumer contract - shipping companies (couriers) and companies processing accounting documents.
Buyer's personal information is not disclosed.
The seller uses a software solution that processes personal data in a third country - in the United States of America (a country that guarantees an adequate level of privacy protection).
The seller may process personal data for marketing purposes (for example, to send newsletters or emails about news, discounts, actions, etc.) without the prior consent of the buyer. For this purpose, the seller processes the necessary data, such as the name, surname and e-mail address of the buyer. If the buyer does not agree with the processing of the data for marketing purposes, the buyer can express his disapproval at any time by sending a message to the seller's e-mail address to request a checkout or by clicking the link in the e-mail message. Personal data used for marketing purposes will not be disclosed to third parties nor will they be published.
Personal data may be transferred to third countries for the purpose of delivering marketing information - such country being the United States of America, which guarantees an adequate level of protection of personal data.
The buyer has the right to obtain from the seller a confirmation of what personal details of the buyer are processed in the seller's e-shop. The buyer has the right to access such data as well as information for what purpose they are processed, what categories of data are processed, to which personal data are provided, how long the personal data are stored, whether automated individual decision making, including profiling.
The first delivery of the above personal information to the buyer is free of charge. The re-provision of personal data requested by the buyer will be charged as an administrative fee of € 5.
The buyer may require the seller to correct or supplement incomplete personal data relating to the buyer. The buyer may request the deletion of his or her personal data or limit the processing of such data. Buyers may also object to the processing of personal data.
The processing of personal data by buyers is also necessary for the purposes of archiving (in order to fulfill the seller's obligation under Slovak legislation, for example, keeping the accounting documents for 10 years). If the buyer asks for the deletion of personal data processed in connection with the purchase contract, his claim may be rejected.
The buyer has the right to limit the processing of his or her personal data to the seller if the buyer objects to the accuracy of the personal data during the period allowing the seller to verify the accuracy of the personal data.
The buyer has the right to obtain personal data concerning him / her which he has provided to the seller in a structured, commonly used and machine-readable format. The buyer has the right to transfer these personal data to another operator if technically possible.
Buyers have the right to object if their personal data are processed for direct marketing purposes. It may also object if its personal data are processed for the purposes of the seller's legitimate interest.
The buyer, suspecting that his or her personal data is being unduly processed, may file a motion for personal data protection proceedings with the Personal Data Protection Office.
The above privacy notice also applies to pre-contractual relationships (i.e., registration in the e-shop for the purpose of future purchase or, for example, requesting a quote, quotation or product information and seller's services).
In order to ensure the proper functioning of the online store, the vendor may store small cookies on the buyer's device to store the activity data and settings (e.g., login name, language, font size, etc.) for a certain period of time. The vendor's Internet shop uses cookies to remember the user's buyer settings and for the necessary functionality of the online store or for marketing purposes. Buyers can delete all cookies stored on their devices and set up an Internet browser on their device to prevent them from being stored. In this case, the buyer may need to manually modify some settings during a repeated visit to the online store, and some Internet shop services or features may not be functional.
