Business conditions
Business conditions
These Business Terms and Conditions (hereinafter referred to as "terms" or "business terms") apply to purchases in the online store www.MystikaEthnoShop.sk operated by Mystika Arts and Crafts
The business conditions define and specify the rights and obligations of the seller and the buyer. All contractual relationships are concluded in accordance with the legal order of the Slovak Republic. If the contracting party is a buyer - consumer, relations not regulated by business terms are governed by the Civil Code and the Consumer Protection Act. If the consumer is not a party to the contract, relations not regulated by the terms and conditions are governed by the Commercial Code, all as amended.
The prices in the online store displayed for the products include VAT.
Definitions
A consumer contract is a purchase contract, a work contract, or other contracts, if the parties to the contract are the consumer on the one hand and the supplier on the other.
To the seller in these terms and conditions means the company
Mystika Arts and Crafts
Štefániková 25
94901 Nitra
ID number: 52473805
VAT number: 1124280773
entered in the commercial register, OU-SA-OZP-2019/005270-2 trade register no. 450-14836. Ingrid Pešadiková Mystika Arts and Crafts is a person who, when concluding and fulfilling the contract, acts within the framework of his business or other business activity. It is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.
The customer of our online store is the buyer. The applicable legislation distinguishes between a buyer who is a consumer and a buyer who is not a consumer.
Buyer consumer (hereinafter referred to as the "consumer") is a person who, when concluding and fulfilling the contract, does not act as part of his business or other business activity.
A buyer who is not a consumer, is an entrepreneur who purchases products or uses services for the purpose of his business with these products or services. This buyer is governed by the terms and conditions to the extent that they concern him and by the Commercial Code.
Contract of sale
If the buyer is a consumer, the proposal for concluding a purchase contract is the placement of the offered goods by the supplier on the website. The purchase contract is created by sending the order to the consumer and receiving the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative e-mail to the specified e-mail address, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons.
If the buyer is not a consumer, the proposal for concluding a purchase contract is the order of goods sent to the buyer, and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal.
By concluding the purchase contract, the buyer confirms that he has familiarized himself with these terms and conditions, including the complaint procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before placing the order and has the opportunity to become familiar with them.
The seller reserves the right to cancel the order or part of it before concluding the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer produced or supplied or the price of the supplier of the goods has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.
Any consumer rights cannot be applied to gifts that are provided completely free of charge. Such goods meet the conditions of the Gift Agreement and all standards according to the current legislation of the Slovak Republic.
Contradiction with the purchase contract
In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, according to the buyer's requirements either by replacing the item or repairing it; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the item or caused the conflict with the purchase contract himself.
The consumer's right to withdraw from the contract
If the purchase contract is concluded using means of remote communication (in the online store), the consumer has the right to withdraw from the contract within 14 days of receiving the goods. In this case, the consumer contacts the seller and preferably states in writing that he withdraws from the contract, indicating the order number, date of purchase and account number for the refund. The withdrawal from the contract must be delivered no later than the last day of the 14-day period.
However, this provision of the law cannot be understood as the possibility of free borrowing of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must hand over to the supplier everything that he obtained on the basis of the purchase contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the interim), the consumer must provide monetary compensation as a consideration for what can no longer be issued. If the returned goods are only partially damaged, the seller can claim the consumer's right to compensation for damage and offset his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the seller only returns the reduced purchase price to the consumer.
In addition, the seller can add to the purchase price, which is to be returned to the buyer, the costs actually incurred in connection with the return of the goods.
By submitting an online order for selected goods, the customer confirms the binding nature of his order, gives his consent to the processing of personal data and confirms that he has familiarized himself with the complaint procedure and these terms and conditions and that he agrees with them.
The listed prices apply when purchasing goods via the Internet. No further discounts are available on these prices.
The order will not be issued if the customer is not present repeatedly can be reached at the telephone number or e-mail indicated by him.
The terms and conditions apply according to the current commercial law.
Privacy
We respect your privacy. In order to offer you valuable services, we need to know some of your personal data. We protect this data from misuse.
- name and surname
- full postal address
- telephone
- email address
If you require delivery of orders to an address other than the billing address, you must also provide the delivery address.
Complaints
We provide for all goods warranty 2 years.You can claim the product in our store in Bratislava or send it by post.
The complaint must be handled without undue delay, no later than 30 days.
You can return the goods within 14 days in accordance with the terms and conditions.
Warranty period and product life
The warranty period and the service life of the goods are different concepts. The service life of the goods is determined by the manner and intensity of use and may not always be the same as the warranty period. This means that with intensive use, the service life may be shorter than the warranty period. The warranty period is 24 months and starts from the day of receiving the goods.
How to proceed with a complaint
Claims can only be made within the warranty period, i.e. up to 24 months after receiving the goods. If a defect appears on the goods, a claim must be made without delay. Further use of the goods may cause aggravation of the defect, deterioration of the goods and may be grounds for rejecting the claim.
The advertised goods must be complete (all signs, tags, accessories), clean, dry and hygienically sound.
When making a claim, it is necessary to prove the purchase of the goods, preferably proof of purchase (by seller or invoice).
In the event that you send the goods for a claim by post, write directly on the copy of the document the reason for the complaint, briefly describe the defect.
Address for sending complaints:
Ingrid Pešadiková Mystique Arts and Crafts
Štefániková 25
94901 Nitra
More details: mystikaarts@gmail.com
Return policy
The complaint procedure effectively specifies the procedure of the customer and the company Ingrid Pešadiková Mystique Arts and Crafts in the event that despite the company's best efforts Ingrid Pešadiková Mystique Arts and Crafts to maintain the high quality of the offered goods, the customer will have a legitimate reason to file a complaint.
Prevention of defects
When choosing goods, it is necessary that the chosen type and size of the product exactly meet the needs of the customer. Before purchasing the product, the customer will take into account the purpose of use, design, material composition and method of treatment of the goods. Only well-chosen goods in terms of functionality, assortment and size are a prerequisite for fulfilling the utility value and purpose of use of the goods.
Excessive use of the product or its use for an inappropriate purpose can adversely affect the functionality and service life of the product.
Correct and regular maintenance of the product is a prerequisite for the good condition of the product and its full functionality.
General warranty conditions
The buyer's rights from responsibility for a breach of the purchase contract and from responsibility for product defects (hereinafter referred to as a complaint) must always be exercised in accordance with this complaint procedure in its current version, which is an integral part of the purchase contract between the seller and the buyer. The seller is obliged to inform the buyer of the content of the complaint procedure in an appropriate way (e.g. by posting it in the store, publishing it on www pages).
In the event that the buyer discovers that the goods are not in accordance with the purchase contract upon receipt or if there is a defect in the goods, the buyer can file a claim with the seller. It cannot be considered a violation of the purchase contract or a defect in the goods and a claim cannot be made if:
- the change in the properties of the goods occurred as a result of wear and tear or incorrect use, storage, incorrect intervention or mechanical damage
- the change in the properties of the goods occurred as a result of not performing the necessary maintenance or as a result of its incorrect performance
- the complaint concerns an error for which a lower price was negotiated
- if the goods are used and the defect corresponds to the level of use or wear and tear the goods had when the buyer took them over
- the goods are already completely worn out within their useful value
Claim application
The buyer should make a claim at the place where he bought the goods. However, the buyer has the right to file a complaint in any establishment belonging to the seller, in which receiving a complaint is possible, with regard to the range of goods sold, or at the seller's place of business or headquarters.
The buyer should file a claim without undue delay immediately after discovering the defect. If the buyer continues to use the goods after discovering the defect and thus causes more extensive damage, the claim will not be accepted.
The seller is obliged to ensure the presence of a worker authorized to handle complaints in the store during the entire operating time.
The buyer is obliged to prove that his claim to processing the complaint is justified, i.e. document the place and time of purchase and the price of the purchased goods. The above-mentioned requirements shall be documented by the buyer with a sales document, warranty card, or in another credible way.
Warranty
The deadline for making a claim (warranty period) is 24 months and begins at the moment of receipt of the goods by the buyer, unless a longer guarantee period is established by special legal regulations.
The right to claim expires if it has not been exercised within the warranty period.
The period from the moment of application of the claim to the time when the buyer is obliged to take over the goods after the repair is not included in the warranty period. If the goods or their parts are replaced, the warranty period starts again from the receipt of the goods (parts).
The warranty period cannot be confused with the lifetime of the goods, i.e. the time during which the goods can last with proper use and maintenance, given their properties, purpose and intensity of use.
Complaint processing
The seller is obliged to decide on the legitimacy of the complaint immediately, in more complex cases within three working days. This deadline does not include the time required for expert assessment of the defect.
The seller is obliged to issue a confirmation to the buyer, in which he indicates the time and place of the complaint, the characteristics of the alleged defects, the method and deadline for processing the complaint.
The complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. After the expiration of this period, the buyer has the same rights as if it were a defect that cannot be removed.
The seller is entitled to decide on the complaint himself and is not obliged to comply with the buyer's request for a third party to assess the validity of the complaint. The seller is also entitled to decide on the method of carrying out the warranty repair. The buyer cannot hand over the goods for repair to a third party without the consent of the seller. In such a case, the buyer loses the right to perform the repair free of charge.
The buyer is obliged to take delivery of the goods on the date indicated on the claim confirmation. If the buyer does not pick up the goods within six months from the specified date and if the buyer has been invited to collect the goods at least once during this time, the seller has the right to dispose of the goods.
Contradiction with the purchase contract
In the event that the goods upon acceptance by the buyer are not in accordance with the purchase contract, the buyer has the right to have the seller restore the goods to a condition corresponding to the purchase contract, free of charge and without unnecessary delay, according to the buyer's request, either by replacing the goods or by repairing them. If such a procedure is not possible, the buyer can demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract or caused the conflict with the purchase contract himself.
Defects that can be removed
Defects, the removal of which does not affect the appearance, function and quality of the goods, and the repair can be properly carried out within the specified period, are defects that can be removed. Assessment of the nature of the defect belongs to the seller. In such a case, the seller is obliged to remove the defect free of charge and without undue delay and repair the goods. The buyer can demand the exchange of goods only if this is not disproportionate due to the nature of the defect. If the above procedure is not possible, the buyer can ask for a reasonable discount on the price of the goods or withdraw from the contract.
In the event that the same removable defect appears on the goods even after at least two previous repairs, or if at least three removable defects occur with the goods at the same time, the buyer has the same rights as if it were a non-removable defect.
Irremovable defects
Defects that cannot be removed and that prevent the proper use of the goods are irreparable defects. In such a case, the buyer is entitled to demand the exchange of goods or withdraw from the contract.
In the event of another non-removable defect of the item, which does not prevent its use, the buyer has the right to a reasonable discount on the price of the goods.
Dispute resolution
In the event that the seller rejects the claim as unjustified, or if another dispute arises during the claim procedure, the buyer is entitled to contact a legal expert and request an opinion from him on the validity of the claim. In the event that the seller does not recognize the above-mentioned expert opinion, or presents the buyer with an opinion with a different opinion, both parties have the right to apply to the relevant court.
Exchange, return of goods
We know that in online stores you cannot try on the goods and grab them. Therefore, in the event that the ordered goods do not meet your expectations, the size does not fit you, etc. you have the right to exchange or return the goods under the following conditions:
The customer must send the goods by registered mail (not cash on delivery) to our address no later than 5 working days after receiving the shipment: Ingrid Pešadiková Mystika Arts and Crafts, Štefániková 25, 94901 Nitra
Transport from the customer back to the store is paid for by the customer himself.
The goods must not be used or damaged in any way, dirty, must not smell of cigarette smoke, or be dirty from women's make-up. It must be sent back in the original packaging, with all stamps, stickers or accessories that belong to it, it must be able to be resold.
The goods must be accompanied by a copy of the invoice that you received with it, with a written justification as to why you are returning the goods, with your signature and the date of return. In the written justification, also indicate whether you wish to exchange or return the goods. In case of returning the goods, state the number of the bank account to which we should send you the money.
When exchanging goods for another, any financial difference will be returned to the customer, or the customer will pay it in addition.
Only the value of the goods is returned, not the postage.
Only properly returned goods can be exchanged for another or your money will be refunded.
The money will be returned to you within 15 days of receipt of the correctly returned goods by the seller.
Thank you for understanding.