1. These general terms and conditions
(hereinafter referred to as "terms and conditions") are issued by:
MA – Master of Art Božena Brtko Chandogová – Bobaceramics
Company ID: 55572197
VAT ID: 1128515707
with place of business:
Nad Ostrovom783/2
84104, Bratislava
Slovakia
registered OU-BA-OZP1-2023/304672-2
Trade register number: 110-329811
Not a VAT payer
contact details:
Nad Ostrovom783/2
84104, Bratislava,
Slovakia
email: bobabrtko@gmail.com
phone: +421911816146
www.bobaceramics.com
(hereinafter referred to as the "seller")
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within the framework of their business activity (hereinafter referred to as the "buyer" and together with the seller only as the "contracting parties") via the web interface located on the website available at the Internet address www.bobaceramics.com (hereinafter referred to as the "online store").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating agreement in the purchase contract takes precedence over the provisions of these terms and conditions.
4. Any general terms and conditions of the buyer shall not apply to the mutual relations of the contracting parties, even if the seller delivers the goods to the buyer without reservation. These terms and conditions and the purchase contract are concluded in the Slovak language. INFORMATION ABOUT GOODS AND PRICES
1. Information about the goods, including the price of the individual goods and their main features, is provided for each individual good in the online store catalog. The prices of the goods remain valid for the period for which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature
and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the costs associated with packaging and delivery of goods is published in the online store. Information on the costs associated with packaging and delivery of goods provided in the online store applies only in cases where the goods are delivered within the territory of the Slovak Republic.
ORDER AND CONCLUSION OF THE PURCHASE CONTRACT
1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls, etc.) are paid by the buyer himself.
2. The buyer places an order for goods in the following ways:
through his customer account, if he has previously registered in the online store,
by filling out the order form without registration
by sending the order in writing to the seller s address
by sending the order electronically to the seller s e-mail address
3. In the event that the buyer is interested in purchasing goods, the offer of which is published in the seller s online store, the buyer selects from the offer of goods by him the desired item of goods, by clicking on the "Add to cart" button for a specific item of goods, then in the "Cart" section, he can adjust the quantity of goods or delete the goods from the cart. The buyer is entitled to continue browsing the offer of goods and in the same way mark other items of goods that are offered by the seller in the online store. After completing the selection of the relevant items of goods and, if the buyer is interested in proceeding to a binding order of the selected items of goods, the buyer clicks on the button located in the "Cart" section and marked as "Check and order". Subsequently, the buyer is provided with summary information about the goods that he is interested in purchasing and an accessible order form. In the order, he fills in his contact details, delivery details, and chooses the method of delivery of the goods. After completing the order, the buyer is obliged to familiarize himself with and click his agreement to the wording of these terms and conditions, thereby confirming his will to be bound by them. The buyer s order is sent to the seller at the moment of clicking on the "ORDER WITH PAYMENT OBLIGATION" button.
4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The data specified in the order are considered correct by the seller.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The purchase contract is concluded only after the seller accepts the order. Notification of acceptance of the order is delivered to the buyer s email address.
6. In the event that the seller cannot meet any of the requirements specified in the order, the buyer will be sent a modified offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer s confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
7. All orders accepted by the seller are binding.
8. In the event that there is an obvious technical error on the part of the seller when indicating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price even if the buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer s confirmation of acceptance to the seller s email address.
CUSTOMER ACCOUNT
1. Based on the buyer s registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to
PAYMENT TERMS AND DELIVERY OF GOODS
1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
cashless by payment card (CardPay)
cashless by transfer to the seller s account via a payment gateway
cash on delivery upon receipt of the goods
in cash or by payment card upon personal collection at the parcel delivery point.
2. The choice of payment method is made during the ordering of the goods.
3. The final price is the total price stated in the order just before its binding dispatch, including all costs.
4. Together with The buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with the packaging and delivery of the goods.
5. In the case of payment via a payment gateway, the buyer shall proceed according to the instructions of the relevant electronic payment provider.
6. In the case of cashless payment, the buyer s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller s bank account.
7. The seller does not request any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.
8. If the buyer does not pay the price for the ordered goods properly and on time, the seller has the right to withdraw from the purchase contract.
9. The goods are delivered to the buyer:
to the address specified by the buyer in the order
via the delivery service to the delivery service address (Packet) specified by the buyer
10. The choice of delivery method is made during the ordering of the goods.
11. The seller will deliver the goods, unless otherwise stated for individual items of goods in the online store, no later than 5 business days from the date of payment of the purchase price. In the event of a longer delivery, the buyer is always informed of this circumstance.
12. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer s order and in the seller s order confirmation. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
13. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
14. If, for reasons on the buyer s part, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another method of delivery.
15. When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. The buyer will immediately inform the seller about the non-acceptance of the shipment.
16. The seller will issue the buyer a tax document - invoice. The tax document is sent to the buyer s email address and/or is attached to the delivered goods.
17. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by accepting the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to receive the goods but did not do so in violation of the purchase contract.
WITHDRAWAL FROM THE CONTRACT
1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.
2. The withdrawal period is 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not, among other things, withdraw from the purchase contract:
on the provision of services, if their provision began with the express consent of the buyer and the buyer declared that he was duly 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,
on the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller s will and which may occur during the withdrawal period,
on the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, which can only be delivered after the expiry of thirty days and the price of which depends on market fluctuations independent of the seller s will,
on the supply of goods that have been customized according to the buyer s wishes, custom-made goods or goods intended specifically for one buyer,
on the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery due to their nature,
on the supply of goods in sealed packaging that is not suitable for return for health protection reasons or hygienic reasons and whose protective packaging was broken after delivery,
on the supply of sound recordings, video recordings, audiovisual recordings, books or computer software, if they are sold in protective packaging and the buyer has unpacked this packaging,
on the supply of newspapers, periodicals or magazines, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
on the supply of electronic content other than on a tangible medium, if its provision began with the buyer s express consent and the buyer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the contract,
in other cases specified in Section 7(6) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller s premises, as amended.
4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller s email or delivery address specified in these terms and conditions. The seller shall immediately confirm receipt of the form to the buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
7. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller will return the funds received to the buyer in another way only if the buyer agrees to this and if this does not incur additional costs.
8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller will return the costs of delivery of the goods to the buyer in an amount corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
10. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer s claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address specified in the order and shall return all funds, including delivery costs, received from him under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer. RIGHTS FOR DEFECTIVE PERFORMANCE
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer takes over the goods:
the goods have the properties that the parties agreed upon, and if there is no agreement, they have the properties that the seller or the manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by the seller,
the goods are suitable for the purpose that the seller states for its use or for which goods of this type are usually used,
the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are in the appropriate quantity or weight, and
the goods comply with the requirements of legal regulations.
2. The Seller is not liable for defects in the goods in the following cases: if the Buyer has not exercised his right regarding liability for defects in the goods by the end of the warranty period of the goods, these are defects in the goods that the Buyer knew about at the time of conclusion of the contract or, taking into account the circumstances under which the purchase contract was concluded, should have known about, unless the defects relate to the properties of the goods that the goods were supposed to have according to the purchase contract, if the defect in the goods is mechanical damage to the goods caused by the Buyer, if the defect in the goods arose from the use of the goods in conditions that do not correspond in their intensity, humidity, chemical and mechanical influences to the natural environment of the goods, if the defect in the goods arose from unprofessional handling, operation or neglect of care for the goods, if the defect in the goods arose from damage to the goods due to excessive loading, or use contrary to the conditions specified in the documentation or general principles of normal use of the goods, if the defect in the goods arose from damage to the goods due to unavoidable and/or unforeseeable events, in particular damage by water, fire, static or atmospheric electricity or other force majeure, if the defect in the goods was caused by damage to the goods by accidental destruction and accidental deterioration, if the defect in the goods was caused by interference with the goods by an unauthorized person.
3. The buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months from the date of receipt. This provision does not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took over, or if this results from the nature of the goods.
4. The buyer is obliged to exercise rights from liability for defects in the goods that existed on the date of receipt of the goods by the buyer from the seller without unnecessary documentation. The buyer is obliged to inspect the goods as soon as possible after the risk of damage to the goods has passed.
5. In the event of a defect, the buyer may submit a complaint to the seller and demand:
if it is a defect that can be removed: free removal of the defect in the goods or exchange of the goods for new goods,
if it is a defect that cannot be removed: an appropriate discount on the purchase price or withdrawal from the contract
6. The buyer has the right to withdraw from the contract,
if the goods have a defect that cannot be removed and which prevents the item from being used properly as a defect-free item,
if the buyer cannot use the goods properly due to repeated occurrence of the defect or defects after repair,
if the seller cannot use the goods properly due to a large number of defects in the goods.
7. The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or even at the registered office or place of business. The consumer may also file a complaint with a person designated by the seller. If the consumer s complaint is handled by a person designated by the seller, the latter may handle the complaint only by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for handling. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
8. If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer about his rights arising from the defective performance. Based on the consumer s decision as to which of the rights arising from the defective performance he or she is exercising, the seller or an employee authorized by him or a designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the date of filing the complaint, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, while in justified cases the complaint may also be handled later. However, the handling of the complaint, including the removal of the defect, may not last longer than 30 days from the date of filing the complaint. The futile expiration of this period shall be considered a material breach of contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing a complaint is considered to be the moment when the buyer s will is expressed (the right to exercise the right to defective performance) to the seller.
9. The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the date of filing the complaint.
10. The buyer does not have the right to defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
11. The buyer has the choice of the method of filing a complaint and its handling, if there are several options.
12. Other rights and obligations of the parties related to the seller s liability for defects are regulated by the seller s complaint procedure. DELIVERY
1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order. OUT-OF-COURT DISPUTE RESOLUTION
1. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to file a motion to initiate alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the seller has responded negatively to the request under the previous sentence or has not responded to it within 30 days of its sending. This does not affect the consumer s ability to go to court.
2. The Slovak Trade Inspection Authority is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract, with its registered office at: Bajkalská 21/A, 827 99 Bratislava, Company ID: 17 331 927, which can be contacted for the above purpose at the address Slovak Trade Inspection Authority, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Bajkalská 21/A, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr.@soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
3. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
4. The seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspection is carried out within its scope by the relevant District Office, Trade Licensing Department. The Slovak Trade Inspection carries out, within a defined scope, among other things, supervision over compliance with Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. of the Slovak National Council
on Offences, as amended.
FINAL PROVISIONS
1. All agreements between the seller and the buyer are governed by the law of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the rights of the consumer arising from generally binding legal regulations. The court of the Slovak Republic is competent to resolve disputes that arise between the contracting parties (with the exception of the alternative dispute resolution referred to above).
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Act No. 250/2007 Coll. on consumer protection and amending Act No. 372/1990 Coll. on offences as amended.
3. All rights to the seller s website, in particular copyrights to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or part of it without the seller s consent. Likewise, the products sold on the seller s website are the subject of intellectual property and are subject to copyright protection.
4. The seller is not liable for errors arising as a result of third party intervention in the online store or as a result of its use contrary to its intended purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components that make up the online store and use the online store or its parts or software in a manner that would be contrary to its designation or purpose.
5. In the event that the seller s obligations and liabilities are delayed due to force majeure, the contracting parties have agreed that the relevant deadlines under the purchase contract shall be extended by the duration of the force majeure. Force majeure is understood to mean a circumstance that occurred independently of the will of the contracting parties, is unpredictable, insurmountable and unavoidable, in particular a flood, fire, earthquake or other natural event or disaster, an emergency, riots, uprising, strike, invasion, war, state of war, exceptional or emergency situation, terrorism, epidemic/pandemic or outbreak of a contagious disease (e.g. COVID-19 caused by the SARS-CoV-
2 coronavirus), a change in legislation, including the adoption of new legislation, or generally binding measures issued by public authorities, including quarantine measures, embargo, export or import restrictions or other prohibitions and orders, power outage, restrictions or suspension of supplies by the seller s suppliers, etc.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
7. Personal data We process the data of the data subjects in accordance with the General Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 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 Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts, as amended. More detailed information on the protection of personal data is published in the online store at the URL address: https://bobaceramics.com/ochrana-sukromia/.
8. The seller may amend or supplement the text of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions shall enter into force on 19.02.2024
BOBA BRTKO CHANDOGOVÁ
