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GENERAL TERMS AND CONDITIONS
I.
Basic Provisions
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued:
Ing. Lenka Kačurová
ID: 37776746
VAT number: SK1039775396
Adress: 07231 Trnava pri Laborci, No. 102,
SLOVAKIA, EU
contact details:
email lenka.kacurova@gmail.com
phone +421 908573814
www.woolento.eu
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer or within his business activity (hereinafter referred to as the "buyer") through a web interface located on a website available on the Internet at www. Woolento.sk (hereinafter referred to as "online store").
3. Determination of business conditions are part of the current contract. A deviating arrangement in these terms and conditions takes precedence over the provisions of the business terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the Slovak language.
II.
Information About Goods and Prices
1. Information about the goods, including the price of the individual goods and their main features, are listed for the individual goods in the online store catalog. The prices of the goods are listed including all related fees and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. The prices of the goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions. The seller is not a VAT payer.
2. All the 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 costs associated with packaging and delivery of goods is published in the online store.
4. Possible discounts from the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III.
Order and Conclusion of Purchase Contract
1. Costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways:
3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the "Order with payment obligation" button. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
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 placing the order. This confirmation is automatic and does not constitute a contract. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer's email address. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is considered the conclusion of the contract. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
6. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the 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. The buyer can cancel the order until the buyer is notified of the acceptance of the order by the seller. The buyer can cancel the order by phone on the seller's phone number or by electronic message to the seller's email, both of which are listed in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when specifying 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 incorrect price, even if an automatic confirmation was sent to the buyer on receipt of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's email address.
IV.
Customer Account
1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer 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 to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
V.
Payment Conditions and Delivery of Goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless explicitly stated otherwise, the purchase price also includes the cost associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant provider of electronic payments.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before the goods are shipped is not a deposit.
7. The goods are delivered to the buyer:
8. The choice of delivery method is made during the ordering of goods.
9. The costs for the delivery of the goods, depending on the method of sending and receiving the goods, are indicated in the buyer's order and in the seller's confirmation of the order. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
10. If, according to the purchase contract, 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. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
11. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
12. The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.
13. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
VI.
Withdrawal from the Contract
1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract even without giving a reason.
2. The deadline for withdrawal from the contract is 14 days
3. The buyer cannot, among other things, withdraw from the purchase contract:
4. In order to comply with the deadline for withdrawal from the contract, the buyer must send a declaration of withdrawal within the deadline for withdrawal from the contract.
5. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
7. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, that he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if it does not incur additional costs.
8. If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in an amount corresponding to the cheapest method of delivery of the goods offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds 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 goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off 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 sold-out stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has stopped production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
VII.
Rights from Defective Goods
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 took over the goods:
2. If the defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by their usual use, to used goods due to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer, or if it follows from the nature of the goods.
3. In the event of a defect, the buyer can submit a complaint to the seller and demand:
4. The buyer has the right to withdraw from the contract,
5. The seller is obliged to accept the complaint in any establishment where receiving the complaint is possible, or even at the registered office or place of business. The consumer can also file a complaint with the person designated by the seller. If the consumer's complaint is handled by a person appointed by the seller, the latter can only handle the complaint by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for handling. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what is the content of the claim and what method of settlement of the claim the buyer requires, as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.
6. 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 resulting from defective performance. On the basis of the consumer's decision, which he exercises from the rights arising from defective performance, 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 at the latest within three working days from the day of application of the complaints, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of application of the complaint. . After determining the method of processing the claim, the claim, including the removal of the defect, must be processed immediately, while in justified cases the claim can be processed later. However, handling of the complaint, including the removal of the defect, may not take longer than 30 days from the date of application of the complaint. The futile expiration of this period is considered a material breach of the 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 application of the complaint is considered to be the moment when the buyer's will is manifested (exercise of the right from defective performance) to the seller.
7. The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the day of the complaint.
8. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
9. In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right at the seller within a period of one month after the expiry of the warranty period.
10. The buyer has the choice of the method of complaint and its processing, if there are several options.
11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act No. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll., on consumer protection, as amended.
12. Other rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaint procedure.
VIII.
Correspondence
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.
IX.
Out-of-court Settlement of Disputes
1. The consumer has the right to contact the seller with a request for correction 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 submit a proposal to start an alternative (out-of-court) dispute resolution with the entity of alternative dispute resolution, if the seller responded negatively to the request according to the previous sentence or did not respond to it within 30 days from the day it was sent. This does not affect the possibility of the consumer to turn to the court.
2. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Slovak Trade Inspection, with registered office: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted for the stated purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International relations and alternative dispute resolution, Prievozská 32, 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 http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
3. The European Consumer Center Slovak Republic, with registered office Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).
4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant District Office, trade business department. The Slovak Trade Inspection supervises, among other things, compliance with Act No. 250/2007 Coll. on consumer protection as amended.
X.
Personal data protection
1. The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, address of permanent residence including zip code, telephone number and email address.
2. The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address including zip code, social security number, telephone number and email address.
3. The buyer can check and change the provided personal data at any time, as well as cancel his registration after logging in on the e-commerce website in the "Registration" section.
4. The seller hereby informs the buyer that pursuant to para. § 10 par. 3 letters b) Act no. 122/2013 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts as amended (hereinafter referred to as "PPD"), the seller as an operator will process the buyer's personal data in the process of concluding a purchase contract without his consent as the person concerned, since the processing of the buyer's personal data will be carried out by the seller in pre-contractual relations with the buyer and the processing of the buyer's personal data is necessary for the fulfillment of the purchase contract in which the buyer is one of the contractual parties.
5. By checking the relevant box before sending the order, the buyer can express his consent in accordance with paragraph § 11 par. 1 of the Act, for the seller to process and store his personal data, especially those mentioned above and/or which are necessary for the seller's activities related to sending information about new products, discounts and promotions on the offered goods, and to process them in all of his information systems , regarding the sending of information about new products, discounts and promotions on the offered goods.
6. The seller undertakes to handle and dispose of the buyer's personal data in accordance with the applicable legal regulations of the Slovak Republic.
7. The seller declares that in accordance with section § 6 par. 2 letters c) PPD will collect personal data exclusively for the purpose stated in these business and complaint conditions.
8. The seller declares that in accordance with section § 6 par. 2 letters e) PPD will not acquire personal data for purposes other than those specified in these business and complaint conditions separately and will ensure that personal data is processed and used exclusively in a manner that corresponds to the purpose for which it was collected and that it will not be combined with personal data, which were obtained for other purposes.
9. The buyer grants the seller consent according to point 5 of these complaint and business conditions for a certain period until the purpose of processing the buyer's personal data is fulfilled. Upon completion of the processing purpose, the seller shall immediately dispose of the buyer's personal data. The buyer can withdraw consent to the processing of personal data at any time in writing. The consent expires within 1 month from the delivery of the revocation of consent by the buyer to the seller.
10. Before sending the order, the buyer will be asked to confirm by checking the box before sending the order that the seller has notified him in a sufficient, understandable and unmistakable way:
11. The seller declares that he will process personal data in accordance with good morals and will act in a way that does not contradict PPD or other generally binding legal regulations, nor will he circumvent them. The seller declares that the consent of the person concerned will not be forced or conditioned by the threat of rejection of the contractual relationship, service, goods or obligation established for the seller.
12. The buyer has the right, based on a written request, to demand from the seller
-confirmation of whether or not personal data about his person are being processed,
-the purpose of processing personal data, which is the conclusion of a purchase contract between the seller and the buyer,
-the purpose of personal data processing,
-in a generally comprehensible form, information about the processing of your personal data in the information system and its status to the extent:
- identification data of the seller - in a generally comprehensible form, accurate information about the source from which he obtained his personal data for processing,
- in a generally comprehensible form, a copy of his personal data, which are the subject of processing,
- additional information, which, taking into account all the circumstances and conditions of personal data processing, is necessary for the buyer to guarantee its rights and interests protected by law, in particular
- instruction on the voluntariness or obligation to provide the required personal data; if the seller obtains the buyer's personal data on the basis of the buyer's consent according to § 11 PPD, he will also notify the buyer of the validity period of the consent, and if the buyer's obligation to provide personal data results from a directly enforceable legally binding act of the European Union, an international treaty to which the Slovak Republic is bound, or a law , the seller informs the buyer of the legal basis that imposes this obligation on the buyer, and informs the buyer of the consequences of refusing to provide personal data,
- correction of his incorrect, incomplete or out-of-date personal data, which are the subject of processing,
- disposal of his personal data, if the purpose of their processing has been fulfilled; if the subject of processing is official documents containing personal data, he can request their return
- liquidation of his personal data, which are the subject of processing, if there has been a violation of PPD or other valid legislation of the Slovak Republic.
13. Based on a free written request, the buyer has the right to object to:
14. Based on a free written request, the buyer has the right to object to the processing of personal data by the seller in cases according to § 10 par. 3 letters a), e), f) or g) PPD by stating legitimate reasons or presenting evidence of unauthorized interference with its rights and interests protected by law, which are or may be damaged in a specific case by such processing of personal data; if this is not prevented by legal reasons and it is proven that the buyer's objection is justified, the seller is obliged to block and dispose of the personal data, the processing of which the buyer objected to, without undue delay, as soon as the circumstances allow.
15. The buyer, on the basis of a written request or in person, if the matter cannot bear delay, further has the right to object to the seller at any time and not to submit to the seller's decision, which would have legal effects or a significant impact for him, if such a decision is issued solely on the basis of automated processing her personal data. The buyer has the right to ask the seller to review the issued decision by a method different from the automated form of processing, while the seller is obliged to comply with the buyer's request, so that the decisive role in the review of the decision will be played by an authorized person; the seller informs the buyer about the method of examination and the result of the finding within the period according to par. 9.18. of these Terms and Conditions. The buyer does not have this right only if it is established by a special law in which measures to ensure the legitimate interests of the buyer are regulated, or if within the framework of pre-contractual relations or during the existence of contractual relations, the seller issued a decision by which he complied with the buyer's request, or if the seller based on of the contract took other reasonable measures to ensure the legitimate interests of the buyer.
16. If the buyer asserts his right in writing and the content of his request shows that he is asserting his right, the request is considered to have been filed under this law; the buyer will deliver the request submitted by e-mail in writing no later than three days from the day it was sent.
17. If the buyer suspects that his personal data is being processed without authorization, he may report this to the Office for the Protection of Personal Data. If the buyer does not have full legal capacity, his rights can be exercised by a legal representative.
18. The seller is obliged to process the buyer's request in writing according to this article. these business and complaint conditions, or comply with the buyer's requirements according to PPD and inform him in writing no later than 30 days after receiving the request or request.
19. Limitation of buyer's rights according to § 28 par. 2 PPD, the seller shall immediately notify the affected person and the Office of Personal Data Protection in writing.
20. The seller informs this buyer that in accordance with sec. § 15 par. 1 letter e) point 3 and point 4 PPD when processing the buyer's personal data, it is assumed that the buyer's personal data will be provided and made available to the carrier chosen by the buyer to deliver the goods.
XI.
Final regulation
1. All arrangements between the seller and the buyer are governed by the legal order 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 consumer's rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of Act no. 250/2007 Coll. on consumer protection as amended.
3. All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
4. The seller is not responsible for errors arising as a result of the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.
6. The wording of the terms and conditions may be changed or supplemented by the seller. 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 enter into force on April 24th 2023.
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