General Terms and Conditions
The Seller is Angelika Ľalíková, Partizánska 262/22, 98501 Kalinovo, self-employed person, ID: 52 687 520, Tax ID: 1120984227, the seller is not a VAT payer, registration at the District Office Lučenec, trade license number 640-20421,
contact firstname.lastname@example.org, phone +421 907 917111, hereinafter referred to as the “Seller”.
The Buyer is any natural or legal person who has completed and sent an order through the Seller’s website, received an email notification of receipt of the order, and paid the purchase price. The Buyer is also any person who placed the order by sending an e-mail and confirming the acceptance of the Seller’s quotation by e-mail and also acknowledging the knowledge of these General Terms and Conditions.
By completing the order form and sending the order with payment obligation, the buyer also confirms that he has read these General Terms and Conditions, which belong to each contract and are still accessible in the relevant section on the seller’s website.
The Buyer orders the goods through the seller’s e-shop website (www.ovin.sk) or on the website of intermediaries selling products and services (eg through www.sashe.sk, www.fler.cz, www.etsy.com, etc.).
An accepted order is considered as binding and is understood as a long-term contract.
By placing an order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
The Seller shall confirm the order by e-mail immediately after its delivery (based on the previous receipt of the electronic order from the Buyer).
If the seller is unable to process the order due to missing or incorrect information, the order is not considered valid.
Withdrawal from the contract
The Buyer may withdraw from the purchase contract without giving a reason within 14 calendar days from the day when the Buyer or a third party designated by him, with the exception of the carrier, takes over the product, means this period shall expire 14 calendar days after receipt of the goods. However, if the end of that period falls on a public holiday, the period shall be extended until the following working day. The Buyer may withdraw from the contract for the delivery of the goods even before the withdrawal period begins.
Only the Buyer has the right to withdraw from the contract. A Buyer is an individual who, when concluding and performing a consumer contract, does not act within the scope of his business, employment or profession.
When exercising the right of withdrawal, the Buyer shall inform the Seller of his decision to withdraw from the contract by a clear statement. The Buyer may use the withdrawal form. As a general rule, the Buyer may exercise the right of withdrawal in paper form or on another durable medium. A sample withdrawal notice form will be sent to the Buyer by the Seller upon request. Upon withdrawal, the seller shall reimburse the Buyer for any payments he has made in connection with the conclusion of the contract, that is, the purchase price, including the cost of delivering the goods to the Buyer.
Payments will be refunded without undue delay, not later than 14 days from the date on which the Seller’s notice of withdrawal has been delivered to the Seller. They shall be reimbursed in the same way as the Buyer used when making the payment, unless he explicitly requested another method of payment, without charging any additional charges.
Upon withdrawal from the contract, the Seller shall bear the cost of returning of the goods back to the Seller.
The Buyer is obliged to send the goods back within 14 days from the date of withdrawal. Upon agreement the Buyer can use free shipping of goods through courier company. If the Buyer chooses this option, he has to inform the Seller by e-mail above and the Seller will order the pick-up. The Buyer can also send the goods back by Slovak Post or other courier service on his own expense. The period referred to in the first sentence shall be deemed to be maintained if the goods were handed over for carriage not later than the last day of the period.
Obligations of the Seller upon withdrawal:
The Seller shall, without undue delay, return to the Buyer, within 14 days of the date of receipt of the notice of withdrawal, all payments received by him related to the contract, including transport, delivery and postal and other costs and charges ; this does not affect the provision of § 8 par. 5. of the Act.
The Seller shall reimburse the Buyer in accordance with paragraph 1 in the same manner as the Buyer used in his payment. This is without prejudice to the Buyer’s right to agree with the Seller on a different payment method, while no further fees are charged to the Buyer.
The Seller is not obliged to pay the Buyer additional costs if the Buyer expressly chooses a different delivery method than the courier ordered by the Seller.
If, under a contract concluded outside the seller’s premises, the goods were delivered to the Buyer at the time of the conclusion of the contract and due to their nature it is not possible to send the goods back to the Seller by post, the Seller is obliged to ensure picking up the goods at their own expense within the period stated in paragraph 1.
The Buyer can cancel the order not later than on the day of dispatch of goods from the warehouse, by telephone or e-mail. Contact details of the Seller are given in these terms and conditions and on the website of the Seller.
The Buyer has the right to unpack and test the goods in order to ascertain their characteristics and functionality. However, if the goods are damaged or rendered inoperative, the Buyer is already responsible for such impairment.
Seller’s address (for exercising the right of withdrawal):
Angelika Ľalíková, Partizánska 262/22, 98501 Kalinovo, Slovak Republic
Seller’s email address (for exercising the right of withdrawal): email@example.com
The Seller informs the Buyer that the law exhaustively defines which contracts cannot be withdrawn.
The Buyer may not withdraw from the contract for:
• the provision of a service where its provision has started with the express consent of the Buyer and the Buyer has declared that he has been duly instructed that, by expressing that consent, he loses the right of withdrawal after the service has been fully provided and if a service was provided,
• the sale of goods or the provision of services, the price of which depends on the movement of prices on the financial market, which the Seller cannot control and which may occur during the withdrawal period;
• the sale of goods made to the specific requirements of the Buyer, tailor-made goods or goods intended specifically for one Buyer,
• the sale of goods which are subject to rapid deterioration or perishability,
• the sale of goods encased in a protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after delivery;
• the sale of goods which, by their nature, may be inseparably mixed with other goods after delivery,
• the sale of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract;
• carrying out urgent repairs or maintenance that the Buyer has explicitly asked the seller; this shall not apply to service contracts and contracts for the sale of goods, other than spare parts, necessary for the repair or maintenance, if they were concluded during the Seller’s visit to the Buyer and the Buyer did not order those services or goods in advance;
• sale of phonograms, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the Buyer has unpacked the packaging,
• sale of periodicals, except for sales under a subscription agreement and sale of books not supplied in protective cover,
• the provision of accommodation services other than accommodation, the carriage of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities and under which the seller undertakes to provide such services within the agreed time or within the agreed time;
• the provision of electronic content other than on a tangible medium, if the provision of such content has started with the express consent of the Buyer and the Buyer has declared that he has been duly advised that he is losing his right of withdrawal.
2. Price of goods and payment for goods
The price is for each goods and service, including VAT and other taxes. The purchase price is valid at the moment of ordering the goods or services. The purchase price is considered to be paid on the day the funds are credited to the Seller’s account (or when paying in cash at the time of cash payment via cash on delivery).
The buyer chooses the method of payment of the purchase price in the process of ordering of goods on the website of the shopping portal.
Payment is only possible in EUR.
Payment can be made
- In advance – transfer to the seller’s account – based on payment instructions received by the buyer from the seller via e-mail
- Cash on delivery – payment for the ordered goods upon receipt of the shipment
The seller will notify the buyer of the payment by email.3. Delivery of Goods
The delivery within Slovakia is realized by Courier or Slovak Post (according to Buyer’s choice) to the Buyer’s address and is paid by the Buyer. The delivery to other countries within EU is realized by Courier and is paid by the Buyer.
The change of the way of delivery of the goods can be adjusted by mutual agreement between the buyer and the Seller.
The Seller does not allow personal collection of goods.
4. Delivery time
If the goods are in stock, they are shipped according to capacity, as soon as possible, usually within 2 working days. In case of custom-made goods, the delivery time is specified for each item on the shopping portal website (usually within 10-30 working days). The buyer may ask for the actual delivery time of the goods by e-mail or telephone, even before ordering the goods.
5. Complaint Conditions, Warranty Conditions
Only goods purchased from the Seller and owned by the Buyer can be claimed. The ownership right passes from the Seller to the Buyer only at the moment of payment of the full price for the subject of the purchase contract.
It is the seller’s responsibility to ensure that the goods have a specified quality, quantity, dimensions and weight at the time of sale. For hand knitted goods, dimensions and weight are given for reference only. Goods must be free from defects. The Seller is liable for defects that the goods have been sold at the takeover by the buyer and for defects that occur after the takeover of the goods within the warranty period
The warranty period is normally 24 months.
Warranty for the replaced item: a new warranty period applies from the date of receipt of the new item.
- The warranty does not cover defects caused by improper use of the goods or due to force majeure, natural disaster, etc. nor for any damage resulting therefrom. • The warranty does not cover defects caused by improper operation, improper or improper handling, use contrary to the standard use of the product. • The warranty also does not cover damage caused by: – mechanical damage to goods, – use of goods in inappropriate conditions, – if the goods have been damaged by excessive loading, – performing unqualified interventions or changing parameters.
The period from the exercise of the right from liability for defects until the time when the Buyer was obliged to take over the item is not included in the warranty period. If the goods are exchanged, the warranty period begins to run again from the time of receipt of the new goods.
The claim can be submitted by post at Angelika Ľalíková, Partizánska 262/22, 98501 Kalinovo. It is necessary to prove that the product was purchased from the Seller and is still under warranty. It is not stipulated by law what document is to prove it. The Seller recommends eg. proof of purchase – invoice.
Before making a claim, the Seller recommends (does not require) that the Buyer should contact the Seller by telephone or electronically before making the claim, which will inform the Seller again of all the essentials of the claim, the possibilities of claiming and the procedure for handling the claim. In case of complaint, the Buyer shall send the claimed goods either in the form of a package or by registered mail to the seller’s address.
Information about the claim: • If the defect is removable, the Buyer has the right to be removed free of charge, on time and properly. The Seller shall remove the defect without undue delay. • Instead of removing the defect, the Buyer may require replacement of the item or, if the defect concerns only a part of the item, replacement of the part if this does not incur disproportionate costs in relation to the price of the goods or the severity of the defect.
- The Seller may always replace the defective item with a defective item, instead of removing the defect, unless this causes the Buyer serious difficulties. • If it is a defect that cannot be remedied and that prevents the thing from being used properly as a defect-free item, the Buyer has the right to have the item replaced or to withdraw from the contract.
- The same rights belong to the Buyer in the case of removable defects, but if the Buyer is unable to properly use the item due to the recurrence of the defect after repair or a larger number of defects. • In the case of other irremovable defects, the Buyer is entitled to a reasonable discount from the price of the item.
- If an item sold at a lower price or used item has a defect for which the seller is responsible, the Buyer has the right to a reasonable discount instead of the right to exchange the item. If it is an irremovable defect that does not prevent the proper use of the goods, the Buyer is entitled to a reasonable discount on the price of the product.
- If the Buyer has the right to exchange goods or the right of withdrawal (refund), it is up to the buyer which of these rights he exercises. However, once he chooses one of these rights, he can no longer unilaterally change that choice.
- If the Buyer makes a claim, the Seller or his authorized employee or designated person is obliged to instruct the Buyer about his rights as described above.
Determination of the method of handling the complaint: Based on the Buyer’s decision, which the Buyer claims from the rights, the seller is obliged to determine the method of handling the complaint: • immediately, • in complicated cases not later than 3 working days from the date of claim • in justified cases, especially if a complex technical assessment of the condition of the goods or services is required, not later than 30 days from the date of the claim.
Settlement of complaint means termination of the complaint procedure by handing over the repaired product, replacing the product, returning the purchase price of the product, paying a reasonable discount on the product price, a written call for acceptance or justified rejection.
The seller is obliged to issue a confirmation to the customer when making a claim. This confirmation is a copy of the claim log. This confirmation should include, in addition to the seller’s and Buyer’s contact details, a description of the defect and whether the Buyer requires repair, replacement, withdrawal or discount on the purchase price, depending on the nature of the defect, as well as the date of claim.
The cost for transporting the claimed goods from the Buyer to the Seller is borne by the Buyer. The return shipping after the justified complaint is settled by the Seller.
6. Alternative dispute resolution
Where a customer considers that his Buyer rights have been infringed, he may submit a claim for alternative dispute resolution.
Before the customer can initiate a complaint, he must first contact the trader for redress. If the merchant refuses to respond to this request or fails to respond within 30 days, then the customer may submit a dispute resolution. The customer may submit this proposal within one year of rejecting the above application.
The buyer can submit a proposal if the value of the claimed goods exceeds 60, – €.
The customer submits this proposal in writing or electronically (and even orally). the ADR entity, the institution that will deal with the dispute. The following ADR entities (ADR = alternative dispute resolution) in Slovakia are:
- SOI – Slovak Trade Inspection
- Regulatory Office for Network Industries (for electricity, gas, heat or water supply);
- Regulatory Office for Electronic Communications and Postal Services (applies to public services and postal services;
- a private company licensed for execution (so-called authorized legal entity, listed).
The customer can choose whether to file a complaint with a SOI or a private company.
The customer can also use the online complaint form. This service is provided by the European Union and is available on this site. This online complaint service is called the RSO Platform (RSO = Online Dispute Resolution).
Personal data will be in accordance with the Personal Data Protection Act no. 428/2002 Coll. used only in the business relationship between the seller and the buyer and will not be provided to third parties (except for persons and companies providing the transport of goods, state authorities in case of inspection).
8. Final Regulations
Other relationships that are not governed by these terms and conditions or by an individual agreement between the buyer and the seller are governed by the Civil Code and related regulations.
These Terms and Conditions are valid until new Terms and Conditions are issued.