General Terms and Conditions

Article I.

Definitions

1. The operator of the website (e-shop) is Eva Zlatohlava - EZ store, Medveďovej 1573/5, Bratislava 85104, Slovak Republic, ID: 55960936

2. The Seller is Eva Zlatohlava - EZ store, Medveďovej 1573/5, Bratislava 85104, Slovak Republic, ID: 55960936

3. Suppliers of goods and services offered in the e-shop www.bordik.sk is a company Eva Zlatohlava - EZ store, Medvedova 1573/5, Bratislava 85104, Slovak Republic, ID No.: 55960936.

4. A buyer is any visitor to the e-shop who has placed an order through the e-shop. For the purposes of Act No. 102/2014 Coll., a consumer is a natural person who does not act within the scope of his/her business activity, employment or profession when concluding and performing a consumer contract. 

(5) An e-shop is a computer system located on the Internet with public access that allows ordering of goods or services.

6. Goods or services are all products published on the e-shop website.

7. The order is created by confirming the ordering process in the e-shop by selecting the goods or services by the buyer, including the complete completion of the order form.

8. The Buyer fully accepts electronic communication, especially via e-shop, e-mail communication as well as telephone communication.

Article II.

Price

1. All prices quoted for goods are final. We are not VAT payers.

2. In the event of a change in the purchase price, the Seller shall inform the Customer in all cases. The customer may request an adjustment of the order according to the current price list or cancel the order or withdraw from the purchase contract.

3. In case of incorrect prices, the Seller is entitled to correct them. If any product or its price is incorrectly stated due to a typo or incorrect information, the Seller has the right to cancel the order. The Seller will inform the Buyer of the cancellation of the order by email.

Article III.

Order

1. The order is created by confirming the ordering process in the e-shop by selecting the goods or services by the buyer, including the complete completion of the order form. For the correct processing of the order, it is necessary to fill in the required data in the order form and to choose the options of transport and payment for the ordered goods or services.

2. By sending the order, the buyer agrees to the price of the ordered goods and services and thus the order becomes binding for the consumer. 

3. Confirmation of the order by the Seller creates a contract of sale, which may be amended, cancelled or supplemented only by mutual agreement between the Buyer and the Seller, unless otherwise provided by law or other legal regulation. Confirmation of the order by the Seller is the dispatch of the goods.

4. After creating an order in the e-shop, an e-mail is automatically generated to the buyer confirming the acceptance of the order by the e-shop. This e-mail is not a confirmation of the goods within the meaning of paragraph 3. of this article.

5. By sending the order, the buyer is bound to pay the purchase price of the ordered goods.

6. In the event of stock shortages, changes in the purchase price or delivery time, the Seller shall inform the Customer in all cases. The customer may update or cancel the order or withdraw from the purchase contract.

7. If the Seller is not able to fulfill the order or part of it within the time limit for processing the order with the best efforts due to reasons such as the goods are not produced, not available from the manufacturer or the external warehouse of the supplier, the manufacturer has made such serious changes that it is impossible to implement the order or for reasons of force majeure, the Seller may cancel the order, of which he will send an e-mail to the Buyer. The Seller also has the right to cancel the order if the Buyer has provided false or misleading information in the order that cannot be verified, such as an incorrect e-mail or telephone contact. If the buyer has paid an advance payment, the buyer is obliged to return it within 14 days.

Article IV.

Payment terms

1. You can pay for goods and services in the e-shop in the following ways:

• a. online payment by credit card through the STRIPE payment gateway
• b. payment on the basis of advance invoice - in advance, the goods will be dispatched after receipt of funds on our account,
• c. payment on the basis of an invoice with the due date stated on the invoice,
• d. payment by gift voucher.

2. A gift voucher represents a prepaid amount of funds that the purchaser can use when making a purchase based on the availability of free prepaid funds. The expiry date of the voucher is stated on the voucher. The face value of the gift voucher may be agreed with the purchaser. 

3. The surcharges for the individual payment options are set out in Article VI of these General Terms and Conditions. 

4. The Seller may provide the Buyer with discount options:

• a. discount for repeat purchase,
• b. a discount based on a one-time discount coupon,

5. Discounts cannot be cumulated.

Article V.

Delivery conditions

1. The Seller is obliged to send the goods to the Buyer within 30 days from the creation of the order, unless otherwise agreed, or unless a longer delivery period has been specified for the goods. 

2. If the goods are in stock, they are dispatched according to capacity as soon as possible.

3. Product marked as ,,in stock,,, we make within 3-5 working days and deliver within 3-5 working days.

4. If there are several goods and services in the order and some of them are out of stock, we will inform the buyer about this with the possibilities of partial deliveries.

5. Together with the goods, the customer is sent an invoice (tax document), instructions and other documents for the goods or services from the manufacturer.

6. The place of performance shall be deemed to be the place to which the goods are delivered.

7. The Seller carries out the delivery to the Buyer by:

• a. courier companies,
• b. in person at the selected establishment in the order,

8. The user will be included in the newsletter database of the online store after the purchase in the online store, so that he/she will be able to receive information about news and promotional offers. The user can unsubscribe from the newsletter database at any time by clicking on the unsubscribe link in the newsletter.

Article VI.

Shipping charges, packaging and payment options

Payment terms:

- payment in advance by bank transfer

- payment by credit card

Shipments over 40 kg - price and delivery time individually agreed, 

2. The Seller may also agree with the Buyer on a procedure other than the standard (above) procedure for sending goods or services as well as the prices for these services.

3. The Seller may send the goods which are immediately available to the Buyer and deliver the remaining part of the order additionally within the statutory period, provided, however, that the Buyer will not be charged any additional postage, except for that which was included in the order.

Article VII.

Transfer of ownership

1. 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.

2. The Seller reserves the right, in the event of a claim by the Buyer, to process the goods or services to which the Seller's ownership right still applies only at the moment of full payment of the subject of the contract of sale. 

Article VIII.

Cancellation of the purchase contract

1. The buyer has the right to cancel the ordered goods or services within 24 hours from the beginning of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for a single consumer.

Article IX. 

Consumer's right to return goods without giving a reason and consumer's instructions

1. Under Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts (hereinafter referred to as the "Act"), the consumer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods, except for goods that have been tailor-made for the consumer (e.g. a child's name on a board). If the subject matter of the sales contract is the delivery of goods, the consumer shall also have the right to withdraw from the contract before the delivery of the goods.
2. The consumer is obliged, if he wishes to exercise this right, to deliver the written withdrawal from the purchase contract in person on the last day of the specified period to the contact address of the seller or to deliver the withdrawal by post at his own expense on the last day of the period to the address indicated in the contacts. After notification of withdrawal, the consumer is obliged to send or deliver in person the subject of the contract from which he withdraws together with all documentation - e.g. the original invoice, instructions and other documentation for the goods, which was delivered to him together with the goods, but no later than 14 days from the date of withdrawal (§10 (1) of the Act). Buyers are advised to make a copy of the invoice for their own use and to send the goods by registered mail and as insured delivery. You can use the following form to withdraw from the contract: Withdrawal from a distance purchase contract, in which you must fill in at least the data marked with an asterisk "*".                                                                                

Return address:

Eva Zlatohlava - EZ store, Medveďovej 1573/5, Bratislava 85104, Slovak Republic, ID: 55960936

3. Please do not send goods to us COD, such goods will not be accepted.
4. The e-shop operator shall return the paid performance for the goods / service including the cost of transport in accordance with § 9 (3) of Act No. 102/2014 Coll. as well as the costs demonstrably incurred for ordering the goods within 14 days from the date of receipt of the withdrawal from the contract, but does not have to return the money before the goods are delivered or the consumer does not prove the shipment of the goods, this does not apply if the seller has proposed that he picks up the goods himself.
5. The cost of returning the goods shall be borne by the consumer.
6. The right of withdrawal shall not apply to goods and services as defined in §7(6)(a) to (l) of Act No. 102/2014. Z.z.
7. The consumer shall bear any diminution in the value of the goods caused by their use beyond what is necessary to ascertain the functionality and characteristics of the goods. 

Article X. 

Rights and Obligations of the Parties

1. The Seller and the Buyer shall be deemed to be the parties to the Contract.

2. The buyer is obliged to:

• a. take delivery of the ordered goods,
• b. pay the agreed consideration for the goods to the seller,
• c. to check the integrity of the packaging or the goods themselves upon receipt.

3. The Seller is obliged to:

• a. to deliver the goods to the customer in the required quality, quantity and at the agreed price, 
• b. together with the goods or additionally send to the customer all documents for the goods, such as the invoice for the goods, the claim letter, the instruction manual in a codified form of the Slovak language.

Article XI.

Privacy Policy

Eva Zlatohlava - EZ store, as the controller, processes personal data of customers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and in accordance with Act No.18/2018 Coll. on the protection of personal data and on amendment and supplementation of certain acts. Information on the protection of personal data is contained in the Personal Data Processing Policy available on the website: https://www.bordik.sk/ochrana-osobnych-udajov

Article XII.

Compensation for non-acceptance of goods

1. The Seller has the right to compensation for damages (according to the provisions of § 420 et seq. of the Civil Code), if the Buyer ordered the goods, which did not or did not withdraw from the contract and at the same time from the carrier did not take over the goods or after the Seller's call, in the case of personal collection, did not take over the goods within the specified period of time for collection. By doing so, the Buyer has breached its obligation set out in Article X(2)(a), according to which the Buyer is obliged to take delivery of the ordered goods. 

2. When determining the amount of compensation, the Seller shall take into account, in particular, the transport costs and related fees in the case of sending the goods, the costs associated with packaging, shipping and administration of the order, as well as all other costs incurred in the implementation of the order in question, and at the same time has the right to charge for lost profits. 

3. The Seller has the right not to claim the right to compensation or to claim this right only in part. 

Article XIII.

Final provisions

1. The Seller reserves the right to amend these General Terms and Conditions and the Complaints Policy without prior notice to the Buyer. In the event of a change to the General Terms and Conditions or the Complaints Conditions, the entire purchase process shall be governed by those General Terms and Conditions that were in force at the time the Buyer placed the order and which are accessible on the Seller's website. 

2. The Complaints Policy is an integral part of these General Terms and Conditions. 

3. By sending the order, the buyer has read the general terms and conditions as well as the terms and conditions of the complaint.

4. These General Terms and Conditions and the Complaints Policy are available at the company's registered office for inspection by buyers and are published on the e-shop's website.

5. If the consumer is not satisfied with the manner in which the Seller has handled his complaint or if he believes that the Seller has violated his rights, he has the possibility to turn to the Seller for a request for redress. If the Seller responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the consumer has the right to request redress within the meaning of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, the right to submit a proposal for the initiation of an alternative solution of their dispute. The competent entity for alternative dispute resolution of consumer disputes with the e-shop operator is the Slovak Trade Inspection (www.soi.sk) or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1), with the consumer having the right to choose which of the above-mentioned alternative dispute resolution entities to turn to. At the same time, the consumer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/. For information on the fees for the proposal, the consumer can visit the website of the specific ADR entity.

6. Otherwise not regulated relations in these general terms and conditions as in their integral parts (annexes) are governed by the relevant provisions of Act No. 40/1964 Coll., Act No. 250/2007 Coll., Act No. 102/2014 Coll., Act No. 122/2013 Coll., Act No. 22/2004 Coll., Act No. 22/2004 Coll. 513/1991 Coll. 

9. These General Terms and Conditions, including their integral parts, come into force and effect on 1 February 2016. 

Complaints policy of the online shop (e-shop)

(an integral part of the General Terms and Conditions)

1. Only goods that have been purchased from the Seller and that are the property of the Consumer may be claimed. 
2. If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession), all goods offered are guaranteed for 24 months, unless otherwise specified in the goods and are subject to the Consumer Protection Act and the Civil Code and these Complaints Conditions. If the buyer has ordered a used item and has been informed of this, the warranty period is 12 months. If the buyer is not a consumer, the provisions of the Commercial Code shall apply and the warranty period shall be 1 year and these warranty conditions shall not apply to such claims. 
3. The warranty period begins on the day of receipt of the goods from the shipping company or directly from the seller if the buyer takes over the goods in person, on the day of their receipt.
4. The Buyer is obliged to file a claim with the Seller immediately after the defect has been detected. 
5. Liability for defects does not apply to defects caused by the following use:
   1. the defect was caused by mechanical damage to the product caused by the buyer,
   2. improper handling of the product
   3. using the goods in conditions that do not correspond to the natural environment of the goods in terms of humidity, chemical and mechanical influences, according to the instructions, 
   4. neglecting the care and maintenance of the goods, 
   5. damage to goods by excessive loading, 
6. Defects caused by natural disasters are also excluded from liability for defects. 
7. Liability for defects also does not apply to normal wear and tear of the goods (or parts thereof) caused by the use of the goods. A defect may not be considered to be a defect, as is already apparent from the nature of the goods, from the period of their minimum durability or from the period of use, which may be limited to a shorter period of time. The period of minimum durability, shelf life, expiry date or similar period shall be indicated on the goods if the goods are subject to such indication. 
8. Returned goods should be sent to our address below but not COD or delivered in person to the contact address. The goods must be packed appropriately to prevent damage during transport and we recommend sending the goods by registered mail or as insured shipment. The goods must be accompanied by a copy of the proof of purchase (invoice) and a description of the defect or we recommend enclosing a completed Complaint form together with proof of purchase. (http://www.nakupujbezpecne.sk/docs/form/reklamacia.pdf). The complaint should be sent in writing (by post) or in person.
9. The Seller shall acknowledge receipt of the claim and issue the Buyer with a confirmation of the claim in an appropriate form. The date of the claim shall be deemed to be the date of its delivery to the Seller. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of processing of the complaint. The acknowledgement of the complaint shall be sent in writing. 
10. The Seller is obliged to determine the method of handling the complaint immediately, in complex cases within 3 days from the date of filing the complaint. In justified cases, in particular if complex technical evaluation of the goods is required, no later than 30 days from the date of the complaint. After determining how the complaint is to be handled, the Seller shall handle the complaint immediately; in justified cases, the complaint may be handled later. However, the processing of the complaint may not take longer than 30 days from the date of the complaint. After the expiry of the 30-day period for processing the complaint, the buyer has the right to withdraw from the purchase contract and will be refunded the full amount for the goods or has the right to exchange the goods for new ones. 
11. Buyer's rights when making a claim:

1. if it is a defect that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner, and the defect must be remedied without undue delay,
2. the buyer may, instead of removing the defect, require replacement of the item, or if the defect relates only to a part of the item, replacement of the part if this does not incur disproportionate costs for the seller in relation to the price of the goods or the severity of the defect,
3. the seller may, instead of removing the defect, replace the defective item with a faultless item if this does not cause the buyer serious inconvenience, 
4. if there is a defect that cannot be remedied and that prevents the proper use of the item, the buyer has the right to exchange the item or to withdraw from the contract. The buyer has the same right in the case of defects that can be rectified, but where the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects, 
5. if there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item. 

12. A complaint shall be deemed to be settled if the complaint procedure ends with the handing over of the goods complained of, their replacement or refund of the purchase price of the goods, a written invitation to take over the performance or its reasoned rejection. The consumer shall be informed of the outcome of the complaint procedure within the statutory time limit.  
13. It is necessary to check the undamaged goods or the intactness of the packaging (according to the instructions when taking over the goods) when taking over the goods, as the goods may be damaged during transport. Buyers are advised to unpack the goods and inspect them in the presence of the carrier. By your signature to the courier you declare that the packaging is undamaged. 
14. These Complaint Conditions are an integral part of the General Terms and Conditions, and the Seller reserves the right to change them at any time without prior notice to the Seller. 
15. Goods that have been made to measure for the consumer in terms of the child's own name on the product cannot be claimed.

14. Contact and delivery details:

Eva Zlatohlava - EZ store, Medveďovej 1573/5, Bratislava 85104, Slovak Republic, ID: 55960936, e-mail: info@bordik.sk