General Terms and Conditions
1. BASIC PROVISIONS AND SCOPE
1.1. These General Terms and Conditions (from now on referred to as "these GTCs") govern the rights and obligations of the parties to the purchase agreement between the seller, which is CreativeSpaceSK s. r. o., with its registered office at Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lučenec, Slovak Republic, IČO 55 000 851, registered in the Commercial Register of the District Court Banska Bystrica, Section: Sro, File no. 44959/S (from now on referred to as the "seller") and the buyer, the subject of which is the purchase and sale of goods on the website of the seller's online store (from now on referred to as the "e-shop") (from now on referred to as the "purchase contract" or "contract").
1.2. Buyer is understood within the meaning of these GTCs
a) a natural person who, when concluding and fulfilling a purchase contract, does not act within the scope of his business activity, employment or profession (hereinafter referred to as the "consumer");
b) a person registered in the commercial register, a person who conducts business based on a trade license, a person who runs the business based on a non-trade consent according to special regulations, and a natural person who carries out agricultural production and is registered by a particular law (from now on referred to as "entrepreneur"). If a natural person states his ID number, VAT ID number, or another identifier of a business entity in the order, it is assumed that he is acting as part of his business activity, and for the purposes of these General Terms and Conditions, he is considered an entrepreneur.
(Consumer and entrepreneur, with the same arrangement of rights and obligations, from now on referred to as "buyer," also purchase separately as "contracting party" or jointly as "contracting parties").
2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
2.1. In particular, the seller has the obligation to:
a) deliver the ordered goods to the buyer in the agreed quantity and quality and pack them or equip them for transport in a manner necessary for their preservation and protection, and
b) hand over to the buyer with the goods in written or electronic form at the latest all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations if they apply to the goods.
2.2. The seller has the right to full payment of the purchase price by the buyer for the delivered goods.
2.3. The seller has the right to cancel (cancel) the order if, due to sold-out stocks or unavailability of the goods, he is unable to deliver the goods to the buyer within the period specified in these GTCs or at a price indicated in the e-shop, if he disagrees with the customer on alternative delivery.
2.4. In particular, the buyer has the obligation to:
a) receive goods,
b) to pay the agreed purchase price to the seller properly and on time.
2.5. The buyer can deliver the goods in the agreed quantity, quality, date, and place.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The purchase contract is concluded by the seller's binding acceptance of the buyer's proposal for the conclusion of the purchase contract in the form of a form filled in by the buyer (the form filled in and sent by the buyer, from now on referred to as the "order").
3.2. The binding acceptance of the proposal for the conclusion of the contract will be carried out by the seller without undue delay, usually within two working days after the execution of the order, after verification of the availability of the goods and other means, prices, and delivery date of the goods requested by the buyer. Binding acceptance will be made via electronic mail (e-mail) with the subject or text of the email containing the word "Confirmed" or a similar unambiguous designation. If a higher price is found, the seller will request the buyer's consent to the price change before confirming the order. The purchase contract is concluded only after the buyer gives his consent to the price change and the subsequent confirmation of the order by the seller.
3.3. The automatically generated confirmation of the registration of the order by the seller, which is delivered to the buyer's e-mail address immediately after sending his order, is only informative; it is sent to the buyer to notify the buyer about the registration of the order and is not considered a binding acceptance of the proposal to conclude a contract by the seller.
3.4. The buyer collects and publishes user ratings. The authenticity of the reviews is guaranteed by the fact that they come only from subjects who have purchased from the seller. The seller is entitled to publish only the evaluations he selected, while he is not entitled to modify them in any way.
4. PURCHASE PRICE NEGOTIATIONS
4.1. The buyer pays the seller the purchase price for the goods agreed in the purchase contract, including the costs of delivery and fees for additional services (from now on referred to as the "purchase price").
4.2. Some payment methods may not be available for all orders, primarily depending on their value or the selected shipping method. The buyer will be informed about specific options while creating the order.
4.3. Any shipping and packaging costs will be charged before the order is shipped. If the goods are to be delivered to the buyer outside the European Union, the buyer may incur a customs debt and possibly also the obligation to pay other payments connected with customs operations in the amount and in the manner determined by the generally binding legal regulations of the country to which the goods are delivered. Unless otherwise stated or agreed between the contracting parties, the seller is not obliged to bear these obligations on behalf of the buyer.
4.4. If the buyer pays the seller the purchase price by bank transfer, the day on which the entire purchase price was credited to the seller's account is considered the day of payment.
4.5. The buyer undertakes to pay the seller the purchase price within the deadline according to the purchase contract.
5. DELIVERY OF GOODS AND PAYMENT TERMS
5.1. The seller will deliver the goods to the buyer in the shortest possible time, no later than 30 days from the date of conclusion of the contract, unless the contracting parties have agreed otherwise. If the seller has not fulfilled his obligation to deliver the goods within the agreed period, the buyer will invite him to deliver the goods in an additional reasonable period, which the buyer will determine at the same time. If the buyer does not notify the seller in this way within two months from the day the goods were supposed to be delivered, it is considered that the goods have been given unless the contrary is proven. If the seller does not provide the item even within this additional period, the buyer has the right to withdraw from the contract.
5.2. In the event that the buyer does not accept the goods without prior written withdrawal from the contract, the seller has the right to compensation for damages in the amount of the costs actually incurred for attempting to deliver the order.
5.3. The buyer must take over the goods personally or arrange for a third party to take them over for him. If it is necessary to repeat the delivery for reasons on the buyer's part (for example, due to the absence of the buyer or a third person authorized by him at the agreed place), all additional costs incurred in this way are paid by the buyer.
5.4. The consumer is entitled, and the entrepreneur must check the shipment upon delivery. If damage to the goods is discovered upon receipt by the buyer, the buyer can refuse to accept the goods. The carrier is obliged to draw up a damage report on damage to the goods in the presence and at the request of the buyer. On the basis of the thus prepared record delivered to the seller, the seller, after concluding the damage event with the carrier, can provide the elimination of the lack of goods, a discount from the purchase price, and, in the case of irreparable defects in the goods, deliver new goods to the buyer. Of course, later consumer complaints of this type will need to be proven, and later entrepreneur complaints of this type will not be recognized.
5.5. Transport options and detailed and updated information on transport conditions can be found in the Shipping Policy. Not all shipping methods may be available for some orders. The buyer will be informed about specific options while creating the order.
5.6. As the recipient of the goods, the buyer agrees that the invoice will be issued and delivered to him in electronic format. After giving the invoice, the seller is not obliged to change the data on the invoice at the buyer's request.
5.7. The purchase contract is concluded with a severance clause stating that if the buyer does not take over the goods even within five days after an additional call from the seller and disagrees with the seller on a different date for taking over the goods, the contract is canceled from the beginning, the contracting parties will return or replace all received payments, and in particular, the purchase price and the goods to which the seller acquires the right to dispose of freely.
6. ACQUISITION OF OWNERSHIP AND TRANSFER OF RISK OF DAMAGE TO GOODS
6.1. The goods remain in the seller's possession until full payment of the purchase price by the buyer. Then, the goods are delivered to the buyer by taking them over in person or by taking them over from the carrier.
6.2. The risk of damage to the goods passes to the buyer at the moment when he takes over the goods from the seller or the carrier or at the moment when the seller allows him to handle the goods and the buyer does not take them over.
7. WARRANTY POLICY
7.1. The seller is responsible for defects in the goods, and the buyer is obliged to file a claim with the seller without delay.
7.2. This Warranty Policy (from now on referred to as the "Warranty Policy") applies to handling complaints.
7.3. The buyer can claim a warranty from the seller only for goods that show defects, are covered by the contract and were purchased through the seller's e-shop.
7.4. During the warranty period, the buyer has the right to have the defect removed free of charge after presenting the goods, including all its accessories.
7.5. The seller handles claims in writing in paper or electronic form without delay. However, if the goods show defects, the customer has the right to file a claim with the seller by filling out the claim form and delivering it to the seller by e-mail to the e-mail address given above while delivering the goods to the seller to the address provided below, or in the paper form together with the claimed goods to address below. Address for delivery of claimed goods and document: Nabrezna 6, 984 01 Lucenec, Slovakia.
7.6. The claimed goods are considered to have been delivered to the seller on the day of their acceptance by the seller at the claims center. The carrier is a third party acting in its name; therefore, the approval of the claimed goods for transport by the page does not affect the initiation of the claim procedure.
7.7. The buyer is obliged to pack the claimed goods properly, taking into account their nature and the nature of the claimed defect. The seller is responsible for the deterioration of the claimed goods only from the time of receipt.
7.8. The seller does not have an establishment where he would be obliged to ensure the presence of a person authorized to handle complaints during operating hours.
7.9. When making a claim, the buyer must prove that the goods were purchased from the seller and are within the warranty period. The buyer must also indicate precisely the type and extent of defects in the goods.
7.10. The day on which the buyer delivers to the seller is considered the day of initiation of the complaint procedure
a) claim form and
b) claimed goods, including accessories.
7.11. The claim form is attached to these GTCs.
7.12. The seller issues to the buyer a confirmation of the claim in the appropriate form chosen by the seller (including e-mail), which contains the date of filing the claim, the contact details of the seller and the buyer, a description of the defects of the goods, the method of settling the claim that the customer prefers and instructions on the rights that the customer they result from § 622 and § 623 of the Civil Code (from now on referred to as "confirmation of claim application").
7.13. If the claim is made via remote communication, the seller must deliver the claim confirmation to the buyer immediately. If it is not possible to provide the proof directly, it must be returned without unnecessary delay, but at the latest, together with a document on the completion of the claim. Confirmation of the application of the claim does not need to be delivered if the buyer can demonstrate the application of the claim in another way.
7.14. According to the buyer's decision, which he applies from his rights in accordance with § 622 and § 623 of the Civil Code, the seller is obliged to determine the method of handling the claim according to this Warranty Policy immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if requires a complex technical evaluation of the condition of the goods, no later than 30 days from the date of the start of the complaint procedure in the case of a consumer and no later than 60 days from the date of the birth of the complaint procedure in the case of an entrepreneur. After determining the method of handling the complaint, the seller will handle the complaint immediately; in justified cases, the complaint can be addressed later. However, running the complaint may not take longer than 30 days from the date of application in the case of the consumer or 60 days in the case of an entrepreneur. After the expiry of the deadline for settling the claim, the consumer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller informs the buyer about the end of the complaint procedure and the result of the settlement procedure in the form agreed upon between both parties. At the same time, a complaint protocol will be delivered to the buyer together with the goods. If the consumer made a complaint about the goods within the first 12 months from the day of receiving the goods, the seller could handle the complaint by rejecting it only on the basis of an expert assessment of the goods (from now on referred to as "expert assessment of the goods"). Regardless of the result of the expert assessment, the seller cannot require the consumer to pay the costs of the expert assessment of the goods or other expenses related to the expert assessment of the goods. If the consumer makes a claim about the product 12 months after receipt of the goods and the seller rejects it, the seller must indicate in the complaint handling document to whom the consumer can send the goods for expert assessment. If the consumer sends the goods for expert assessment to the specified person specified in the claim document, the costs of the expert assessment of the goods, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the consumer proves the seller's responsibility for the claimed defect in the goods through a professional appraisal, he can apply the claim again; the warranty period does not expire during the expert assessment of the goods. The seller is obliged to reimburse the consumer within 14 days from the date of the renewed claim all the costs incurred for the expert assessment of the goods, as well as all related costs incurred purposefully. Such a renewed claim cannot be rejected.
7.15. Instead of removing the defect, the seller can always exchange the defective goods for non-defective goods if this does not cause serious difficulties for the buyer.
7.16. The right to a free warranty repair expires
a) if the buyer does not prove that he bought the defective goods from the seller,
b) by not reporting obvious errors when taking over the goods,
c) upon expiry of the goods' warranty period,
d) mechanical damage to the goods caused by the buyer,
e) modification of the goods by the buyer (bending, cutting, shortening, drilling, etc.), if the goods are not intended for such change and if the defect arose as a result of such change,
f) using or storing the goods in conditions that do not correspond to the natural environment due to their temperature, light, humidity, chemical or mechanical effects,
g) by unprofessional handling or neglect of the care of the goods,
h) by replacing original parts of the product,
i) damage to goods due to natural wear and tear, accidental damage or deterioration,
j) tampering with the goods by an unauthorized person or using the wrong tool or material,
k) by unprofessional intervention, damage during transport, damage by water, fire, electricity, or force majeure.
7.17. The seller is obliged to handle the complaint and settle the warranty claim in one of the following ways:
a) by handing over the repaired goods,
b) by exchanging goods,
c) by returning the purchase price,
d) by providing a reasonable discount from the purchase price,
e) by a written request for the seller to take over the specified performance,
f) justified rejection of the claim.
7.18. The seller is obliged to issue a written document to the buyer about the method of processing the claim and the processing of the claim no later than 30 days from the date of its application.
7.19. After settling the warranty claim in a way other than returning the purchase price, the seller will return the claimed item or deliver the exchanged goods to the buyer. If the buyer does not take over the goods within a reasonable period, the seller will ask him to do so within an additional reasonable period determined by the seller, usually within one month. If the buyer fails to take over the item even within this period, he is obliged to pay the seller a storage fee of €1 (from now on referred to as "storage fee") for each day, including the beginning of the day following the expiry of the period for taking over the goods until they are taken over.
7.20. The warranty period for goods purchased by a consumer is 24 months, and for goods purchased by an entrepreneur is 12 months (from now on referred to as the "warranty period"), provided that no other warranty period is established for specific cases. The warranty period starts from the day the buyer takes over the goods. Defects in the goods and the resulting claims must be claimed by the end of the warranty period. With the expiration of the warranty period, the right to claim expires.
7.21. The warranty period for all used goods is 12 months, unless a longer warranty period is indicated for specific goods in the e-shop.
7.22. If the used goods are sold at a lower price than the new goods are sold for, the warranty does not apply to the defect for which the lower price was negotiated. However, an additional description of specific defects, i.e., defects not covered by the warranty, can be given in the description of the goods.
7.23. The warranty period is extended by the period during which the buyer could not use the goods due to their repair.
7.24. When exchanging the goods for a new one, the warranty period starts again from receiving the new goods. The same applies if a component (part of the goods) for which a warranty was provided is replaced.
7.25. If a product defect can be removed, the claim will be settled, depending on the buyer's decision, either by removing the defect or by replacing the product.
7.26. If it is a defect in the goods that cannot be removed and which prevents the goods from being used adequately as goods without defects, the buyer has the right to exchange the goods or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but the buyer cannot properly use the goods due to the reappearance of the fault after repair (more than twice) or due to a lmore significant number of defects (more than two).
7.27. If there are other non-removable defects, the buyer has the right to a reasonable discount from the purchase price, while the amount of this discount will be determined by the agreement of the contracting parties.
7.28. Claim settlement only applies to defects specified by the buyer when filing the claim.
7.29. If the seller ends the complaint procedure with a justified rejection of the goods complaint, he can suggest to the buyer that he will remove the defects at the buyer's expense. The buyer is not obliged to accept such a proposal.
7.30. If the seller terminates the complaint procedure with a justified rejection of the goods complaint, while the buyer disagrees with such handling, he can demand the protection of his rights in court.
8. PERSONAL DATA AND THEIR PROTECTION
The seller has taken appropriate measures to process personal data in accordance with Act no. 18/2018 Coll. on the protection of personal data and on the amendment of specific laws and according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/ EC (General Data Protection Regulation) (GDPR Regulation). The buyer confirms that he was familiar with processing his data by the rules, which can be found at the following link: https://www.creativespacesk.com/pages/gdpr-privacy-policy
9. STATUTORY RIGHT OF WITHDRAWAL
9.1. The seller is entitled to withdraw from the contract due to sold-out stocks, unavailability of goods, or if the manufacturer, importer, or supplier of the goods agreed in the contract interrupted production or made such profound changes that made it impossible to fulfill the seller's obligations arising from the agreement or for reasons of force majeure, or if even when making all the efforts that can be pretty required of him, he is not able to deliver the goods to the customer within the period determined by these GTCs or at the agreed price. The seller must inform the buyer of this fact without undue delay and return all payments to the buyer by these GTCs. This does not affect the right of the contracting parties to agree on alternative performance or a changed price.
9.2. The seller is entitled to withdraw from the contract even if, when concluding the purchase contract, there was an obvious error in the amount of the purchase price indicated for the goods (e.g., incorrectly placed decimal point, missing digit, purchase price not corresponding to the usual market price).
9.3. The consumer is entitled to withdraw from the contract, the subject of which is the sale of goods, even without giving a reason within 14 days from receipt of the goods. The goods are considered to be taken over at the moment when the consumer or a third party designated by him, except the carrier, takes over all parts of the ordered goods or if
a) the goods ordered by the consumer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
c) supplies the goods repeatedly during the defined period at the moment of acceptance of the first delivered goods.
9.4. The consumer may withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the period for withdrawing from the agreement.
9.5. The consumer can exercise his right to withdraw from the contract electronically by e-mail or in paper form or via a form to the address: Nabrezna 6, 984 01 Lucenec, Slovakia.
9.6. The form for withdrawing from the contract forms an attachment to these GTCs and is also delivered to the buyer via e-mail at the latest when the goods are delivered.
9.7. The consumer can withdraw from the contract even before the expiry of the withdrawal period. The deadline for withdrawal from the contract is considered to be preserved if the notice of withdrawal from the contract was sent to the seller no later than the last day of the withdrawal deadline. The consumer bears the burden of proof for exercising the right to withdraw from the contract.
9.8. The seller is obliged, without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. However, the seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the seller. Additional costs mean the difference between the cost of delivery chosen by the consumer and the cost of the most off standard common delivery method offered by the seller.
9.9. The seller will return all payments to the buyer in the same way that the buyer used for his gain unless the parties agree otherwise (e.g., by transfer to a bank account specified by the buyer) and if no additional fees are charged to the buyer in this regard.
9.10. In case of 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 that the goods have been sent back to the seller unless the seller suggests that he collects the goods personally or through a person authorized by him.
9.11. If the buyer withdraws from the contract and delivers goods to the seller that are used or damaged, or if their value is reduced as a result of such treatment that goes beyond the treatment necessary to determine the properties and functionality of the goods, the seller is entitled to compensation for damages against the buyer in the amount of the value of repairing the goods and returning the goods to their original condition.
9.12. If the buyer did not return the goods to the seller together with the withdrawal from the contract and if the contracting parties do not agree on another method of returning the goods, the buyer is obliged to return the goods together with accessories, including documentation, to the address: Nabrezna 6, 984 01 Lucenec, Slovakia.
9.13. The buyer bears the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. The cost of returning goods within the Slovak Republic is usually up to €5. Still, it depends on the characteristics of the goods (dimensions, weight), distance, and the chosen mode of transport.
9.14. The buyer cannot withdraw from the contract of which it is the subject
a) the provision of a service, if its condition began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent, he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
b) the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
c) sale of goods made according to the unique requirements of the buyer, goods made to measure, or goods intended specifically for one buyer (e.g., products with printing according to the buyer's instructions),
d) sale of goods that are subject to rapid deterioration or deterioration,
e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after the delivery,
g) the sale of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
h) performing urgent repairs or maintenance that the buyer has expressly requested from the seller; this does not apply to service contracts and contracts, the subject of which is the sale of goods other than spare parts necessary for repair or maintenance if they were concluded during the seller's visit to the buyer and the buyer did not order these services or goods in advance,
i) sale of sound recordings, video recordings, audio-visual recordings, or computer software sold in protective packaging; if the buyer has unpacked this packaging,
j) the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
l) provision of electronic content other than on a physical medium if its provision began with the consumer's express consent and the consumer declared that he was adequately informed that by expressing this consent, he loses the right to withdraw from the contract.
9.15. The seller reserves the right to cancel the order or part of it if it is not possible for technical reasons to deliver the goods within the required time or at the necessary price. In this case, he will return the payment made to the buyer within 14 working days if it has already been made. However, this does not affect the right of the contracting parties to agree on alternative performance or a different price.
10. ALTERNATIVE DISPUTE RESOLUTION
10.1. The consumer is entitled to use an alternative method of dispute resolution by turning to the seller with a request for redress if he is not satisfied with how the seller handled his complaint or believes that the seller has violated his rights. If the seller responds negatively to such a request or does not respond within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the entity of alternative dispute resolution. Subjects of alternative dispute resolution are authorities and authorized legal entities under § 3 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on amendments and additions to specific laws (from now on referred to as the "Act on ARS"), namely the Slovak Trade Inspection or another relevant authorized 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 on the website http://www.mhsr.sk), while the consumer is entitled to choose the subject of alternative resolution of consumer disputes to which he will turn. When submitting a proposal, the consumer proceeds according to § 12 of the ARS Act. The e-mail contact of the seller must be indicated in the proposal: sk.creativespace@gmail.com. Alternative dispute resolution can be used to settle a dispute between a consumer and a seller arising from a consumer contract.
10.2. Consumers are entitled to use the online dispute resolution platform to resolve their disputes in the language of their choice. The consumer can use the RSO platform for an alternative resolution of their argument, which is available on the website http://ec.europa.eu/consumers/odr/.
11. FINAL PROVISIONS
11.1. The seller is entitled to change these GTCs. However, the legal relationship between the contracting parties is always governed by the GTCs, valid and practical when the order is sent.
11.2. These General Terms and Conditions are drawn up in the Slovak language. If these GTCs are drawn up in a language other than Slovak, their Slovak version always precedes the different language version. Possible translations of these GTCs and the seller's website serve only for better orientation of foreign entities but do not direct the seller's activity to any other country except the Slovak Republic.
11.3. If the contract is concluded in written form, any change to it must be in written form. The contracting parties have agreed that communication between them will be carried out mainly through e-mail messages and letters.
11.4. Legal relations between the contracting parties are governed by the contract, these General Terms and Conditions, the provisions of Act No. 40/1964 Coll. Civil Code as amended, Act no. 22/2004 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, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, Act no. 18/2018 Coll. on personal data protection and amendments to certain laws and Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments to certain laws and other generally binding legal regulations of the Slovak Republic.
11.5. In the event of a conflict between the provisions of the purchase contract and these GTCs, the requirements of the purchase contract shall prevail. In case of doubts about the content of the agreement to which the consumer is a party, or these GTCs, including their appendices, the more favorable interpretation to the consumer shall apply.
11.6. The contracting parties shall make every effort that can be required of them to settle all disputes, contradictions, or claims arising between them from these GTCs, from the contract, or in connection with it amicably. However, if the parties to the agreement do not resolve any dispute arising from these GTCs or the contragreementably, including a dispute about its validity, interpretation, or cancellation, the Slovak courts have the jurisdiction to resolve such a dispute. The seller does not direct its activity to another member state. Therefore, the provisions of international treaties on the jurisdiction of courts other than Slovak do not apply.
12. LIST OF ANNEXES
12.1. Annexes are an integral part of these GTCs:
a) Claim form,
b) Withdrawal form.
Seller: CreativeSpaceSK s. r. o.
with its registered office at Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lucenec, Slovakia
registered in the Business Register of the District Court Banska Bystrica, Section: Sro, File no. 44959/S
ID number: 55 000 851
(from now on referred to as "seller")
Buyer:
Name and surname:
Street and house number:
Post code / City / Municipality:
E-mail:
Phone:
Contract/sales document number:
Date of conclusion of the contract:
Account number in IBAN format (in case of refund):
(from now on referred to as "the buyer" or "I")
Defective goods
Title:
Description of the defect to which the complaint applies:
I prefer this form of handling the complaint (mark one option)*
- Repair
- Exchange
- Refund
- A reasonable discount on the price of the goods
*The defect assessment will decide on the final method of handling the complaint.
In on Signature: .
Explanations:
Instructions for the buyer - consumer: If a defect can be removed, the buyer has the right to remove it free of charge, promptly, and adequately. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer can demand the replacement of the item, or if the flaw concerns only a part of the item, the replacement of the region if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective item with a non-defective item instead of removing the defect if this does not cause sseveredifficulties for the buyer.
If a defect cannot be removed and prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot correctly use the item due to the reappearance of the the fault after repair or d more significant number of flaws. If there are other irreparable defects, the buyer has the right to a reasonable discount on the price of the item.
WITHDRAWAL FORM
Seller: CreativeSpaceSK s. r. o.
with its registered office at Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lucenec, Slovakia
registered in the Business Register of the District Court Banska Bystrica, Section: Sro, File no. 44959/S
ID number: 55 000 851
return address: Nabrezna 6, 984 01 Lucenec, Slovakia
(from now on referred to as "seller")
Consumer:
Name and surname:
Street and house number:
Post code / City / Municipality:
E-mail:
Contract/sales document number:
Date of conclusion of the contract:
(from now on referred to as "the buyer" or "I")
As a consumer, I hereby withdraw from this purchase contract:
Invoice and order number:
Date of receipt of goods:
The goods that I am returning to the seller (name and code of the goods):
Reason for withdrawal from the contract/return of goods:
Instruction for the consumer: The buyer must send it back to the seller no later than 14 days from the date of withdrawal from the contract. The seller is not obliged to return payments to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller unless the seller suggests that he collects the goods personally or through a person authorized by him. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used or damaged, or if their value is reduced as a result of such treatment that goes beyond the treatment necessary to determine the properties and functionality of the goods, the seller is entitled to compensation for damages against the buyer in the amount of the value of repairing the goods and returning the goods to their original condition.
Method of returning the purchase price:
- To the IBAN account number:
- In a different way:
In on Signature: .