GENERAL TERMS AND CONDITIONS STAR FASHION s.r.o.
I. DEFINITIONS AND INTRODUCTORY PROVISIONS
1. The operator of the website www.karin-ann.com as well as the provider of services available on this website is the company STAR FASHION sro, with its registered office at Framborská 12 010 01 Žilina, IČO: 45895520, registered on 15 October 2010, Commercial Register of the District Court Žilina, section: Sro, insert no. 53632 / L, e-mail contact: firstname.lastname@example.org (hereinafter also referred to as the "Operator").
2. The user of the website www.shop.karin-ann.com and the buyer of goods, the purchase of which is possible through the website www.shop.karin-ann.com means any natural or legal person who enters the website and orders goods via the website www.shop.karin-ann.com (hereinafter referred to as the "Buyer").
3. The Seller is the business partner of the Operator who, on the basis of a business agreement with the Operator, shop.karin-ann.com offers its goods or services through the e-shop shop.karin-ann.com (hereinafter also referred to as the "Seller").
4. The e-shop www.shop.karin-ann.com is a computer system located on the website www.shop.karin-ann.com with public access, which allows ordering goods or providing services. The Operator also offers its own goods on the website www.shop.karin-ann.com, in the case of ordering such goods, the Operator has the status of a seller towards the Buyer. The shop.karin-ann.com e-shop also allows the Buyer to purchase goods from the Sellers, who use the shop.karin-ann.com e-shop space to present and offer their own goods. In the process of ordering a given specific goods, the Buyer is always informed about which entity is the seller of the given specific goods (hereinafter referred to as "E-shop shop.karin-ann.com").
5. Conditions mean these general business conditions of the Operator regulating the conditions of use of the e-shop shop.karin-ann.com, relations between the Operator and the Buyer and the Seller when the Buyer enters the E-shop shop.karin-ann.com, use of E-shop services. shop.karin-ann.com and when purchasing goods via the shop.karin-ann.com e-shop (hereinafter referred to as "Conditions").
6. Goods means the goods of the Operator or the Seller offered or purchased through the E-shop shop.karin-ann.com (hereinafter also referred to as "Goods").
7. Service means a service enabling the Buyer to send to the Operator or the Seller a proposal for concluding a purchase contract for the Goods placed in the shopping cart of the shop.karin-ann.com E-shop as well as other services currently available for the Buyer on the shop.karin-ann E-shop .com (hereinafter also referred to as the "Service").
8. The competent supervisory authority is the Slovak Trade Inspection, SOI Inspectorate for the Žilina Region, SOI Inspectorate for the Žilina Region, Predmestská 71, P.O. Box B-89, 011 79 Žilina 1.
9. The purchase of the Goods via the e-shop shop.karin-ann.com is only possible for persons over 16 years of age in the case of natural persons. By purchasing these Terms and Conditions in the registration process, the natural person declares that he is older than 16 years.
1. Registration and user account of the Buyer
1. The use of the services of the E-shop shop.karin-ann.com and the purchase of the Goods via the E-shop shop.karin-ann.com is possible only with the consent of the Buyer with these Conditions.
2. The use of the services of the E-shop shop.karin-ann.com and the purchase of the Goods via the E-shop shop.karin-ann.com is not conditioned by the Buyer's login on the website www.shop.karin-ann.com. However, by logging in on the website www.shop.karin-ann.com, the Buyer will have more options available to persons who are not logged in, and at the same time logging in simplifies the overall process of ordering the Goods via the shop.karin-ann.com e-shop.
3. The buyer can log in via his Facebook account. If the Buyer decides to use this method of registration, he hereby gives the Operator consent to the use of his basic information contained in his Facebook profile such as name, e-mail address and photo. This information is processed by Facebook, Inc. and are provided to the Operator in accordance with the conditions of personal data protection of the company. Use of a Facebook account to log in to the operator's services is subject to the privacy policies of Facebook, Inc. available here: https://www.facebook.com/legal/FB_Work_Privacy.
4. The buyer is obliged to keep his access data to his user account in the shop.karin-ann.com e-shop safe.
III. OFFER OF GOODS AND CONCLUSION OF THE PURCHASE AGREEMENT
1. In the e-shop shop.karin-ann.com it is possible to order the Goods directly from the Operator or from the Sellers. The Operator and the Seller provide at least the following information for each Goods offered through the shop.karin-ann.com E-shop:
• the name of the Goods,
• the name of the Seller or Operator,
• a photograph of the Goods,
• description of the Goods,
• information on whether the Goods are in stock or not,
• estimated date of dispatch, if the Goods are in stock,
• price for the Goods without VAT and including VAT, if the Seller is a VAT payer or the final price for the given Goods, if the Seller is not a VAT payer, while the price for the Goods does not include the costs of transporting the Goods to the Buyer. For the price for the Goods, at which the price without VAT and the price with VAT are differentiated, the final price of the Goods is considered to be the price for the Goods with VAT.
2. The Buyer has the opportunity to choose the Goods offered through the E-shop shop.karin-ann.com. In the process of ordering the Goods, the Buyer is entitled to place Goods from various Sellers or directly from the Operator in the shopping cart.
3. The publication of the offer of the Goods on the e-shop shop.karin-ann.com does not constitute a proposal for the conclusion of a purchase contract. The proposal for the conclusion of the purchase contract means the sending and delivery of the Buyer's order to the Operator. By confirming the order by the Operator, which the Operator makes in the case of the sale of its own Goods in its own name, a purchase contract is created between the Buyer and the Operator. By confirming the order by the Operator, which is made by the Operator in case of sale of the Seller's Goods on behalf of the Seller, a purchase contract is created between the Buyer and the Seller. After sending the order for the Goods by the Buyer, the Buyer will receive an e-mail about the receipt of the order. In the event that the method of payment for the Goods - cashless transfer is selected for the given order, the Buyer is informed about the receipt of funds by another e-mail.
4. The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the Buyer and these are borne by the Buyer.
5. The Buyer has the right to cancel the ordered Goods within 24 hours from the creation of the purchase contract without cancellation fee for the Goods, which is manufactured to order, according to the specific requirements of the consumer or specifically for one consumer.
6. On the basis of a special business agreement between the Operator and the Seller, the Seller has authorized the Operator to provide the Buyer with information pursuant to § 3 para. Before concluding a purchase contract with the Seller concluded at a distance via the shop.karin-ann.com E-shop. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws. The provisions of these Terms, with the exception of Article II. The conditions also apply to the relationship between the Seller and the Buyer.
7. The Buyer agrees to the electronic sending of an electronic invoice for the delivered Goods.
IV. OTHER RIGHTS AND OBLIGATIONS OF THE OPERATOR, SELLER AND BUYER
1. In the case of an offer for Goods sold directly by the Operator and in which the Operator is designated as the seller, the Operator is responsible for compliance of the offer with relevant legislation, proper and timely confirmation of the purchase contract, proper and timely delivery of Goods to the Buyer, equipment asserted claims of the Buyer arising from the general liability for defects of the sold Goods.
2. In the case of an offer for the Goods sold by the Seller through the E-shop shop.karin-ann.com, the Operator mediates the possibility to the Buyer to send a proposal for the conclusion of a purchase contract for the Seller's Goods through the E-shop shop.karin-ann.com, i.e. provides the Service to the Buyer. The Seller is responsible in particular for the compliance of the offer published on the e-shop shop.karin-ann.com with the relevant legal regulations, for proper and timely confirmation of the purchase contract, for proper and timely delivery of the Goods to the Buyer, for settling the Buyer's claims arising from general liability for defects sold goods.
3. The Buyer is obliged to fulfill his obligation from the concluded purchase contract with the Operator or with the Seller, i.e. in particular, pay the agreed purchase price for the purchased Goods and take over the ordered Goods.
4. The Operator / Seller is entitled to withdraw from the concluded purchase contract (cancel the order) due to the unavailability of the ordered Goods or due to force majeure. The Buyer is always informed about the cancellation of the order.
1. Purchase price, payment terms and delivery terms
1. The purchase price for the ordered Goods is stated in the order. The purchase price always includes VAT and is set in Euro. The purchase price does not include the costs of transporting the Goods and fees for payment services. Information on the amounts of transport fees and fees for payment services can be found in the section Transport and payment conditions.
2. The Seller may also agree with the Buyer on a procedure other than the standard (above-mentioned) procedure for sending the 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 agreed period, but provided that the Buyer will not be charged any additional postage, other than those included in the order.
4. Seller resp. The Operator is obliged to send the Goods to the Buyer within 30 days from the creation of the purchase contract, unless they have agreed otherwise, or if a longer delivery period has not been specified for the Goods. If the Goods are in stock, they are shipped according to capacity as soon as possible.
5. If there are several types of Goods in the order and some of them are not in stock, the Buyer is informed separately about the possibility of partial deliveries of the Goods.
6. The invoice (tax document) for the Goods is sent exclusively electronically, in accordance with Act no. 222/2004 Coll. on value added tax, § 71 par. 1 letter b) in PDF format, upon receipt of payment for the purchased Goods. If the Buyer requests the sending of an invoice in paper form, it will be sent to him additionally by post.
7. The place of performance is considered to be the place to which the Goods are delivered.
8. Transport of the Goods to the Buyer is provided by the Operator, regardless of whether the Goods were purchased through the E-shop directly from the Operator or from the Seller through mail, courier company, delivery to the designated DEPO or in the shipment, namely according to the Buyer's preferences selected when ordering the Goods. Not all transport options may be available for every type of Goods.
1. Acquisition of ownership of the Goods
1. Ownership passes from the Seller or from the Operator, in the case of the sale of its own Goods to the Buyer until the moment of full payment of the purchase price for the ordered Goods through the E-shop shop.karin-ann.com.
2. The risk of accidental destruction and accidental deterioration of the object of purchase passes to the Buyer on the day of taking over the Goods by the Buyer.
VII. Liability for defects
1. Seller the operator in the position of the seller assumes responsibility for defects of the Goods. The Buyer, who has the status of a consumer, is informed of his rights arising from liability for defects and the procedure for handling complaints about the Goods in the Complaints Procedure of the Operator, which forms an integral part of these Conditions and is available here. The text of the complaint procedure is also valid for handling complaints about the Goods purchased from the Sellers.
2. Liability for defects of the Goods, including quality guarantee in relation to the Buyer, who is not a consumer in accordance with Act no. 250/2007 Coll. on consumer protection, as amended, are governed by the relevant provisions of the Commercial Code.
3. If the Buyer, who has the status of a consumer, is not satisfied with the way in which the Seller or the Operator in the position of the Seller handled his complaint, or if he believes that his rights have been violated, he has the opportunity to turn to the Seller or the Operator to seek redress. by e-mail to email@example.com. If the seller responds to the request for redress in a negative way or if he does not respond to it within 30 days from the date of its dispatch, the Buyer has the right to contact the subject of alternative dispute resolution in accordance with Act no. 391/2015 Coll. On the alternative resolution of consumer disputes and on the amendment of certain laws as amended. During ADR, the Buyer - Consumer cooperates with the ADR entity in order to resolve the dispute quickly. A motion to initiate an alternative dispute resolution may be filed in the manner specified pursuant to Section 12 of the Act in question. The subject of alternative dispute resolution is “Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27 “, resp. another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk).
The buyer, who is a consumer, is entitled to choose the ADR entity to turn to. In the event of a cross-border dispute, the buyer-consumer has the right to contact the European Consumer Center, which will provide him with a delivery address, e-mail address or telephone contact at an ADR entity competent to resolve its dispute.
4. In accordance with Article 14 of Regulation (EU) No 182/2011 of the European Parliament and of the Council 524/2013 of 21.05.2013 on the resolution of consumer disputes online, amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC, The consumer buyer has the right to exercise his rights and claims arising from the contractual relationship (purchase contract or online service contract) with the seller in the context of alternative online dispute resolution. Online dispute resolution is provided by a platform operated by the European Commission. The buyer, who is the consumer, is entitled to use the RSO platform to resolve disputes, in the language of his choice. The RSO platform is available online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
5. Alternative dispute resolution can be used only by the Buyer - a natural person who does not act within the scope of his business, employment or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts.
6. In case of any other requests or complaints, the Buyer is entitled to contact the Operator for his contact details specified in Article I of these Conditions.
VIII. Compensation for damage in case of non-acceptance of the Goods
1. The Operator in the position of the Seller or the Seller has the right to compensation for damage (according to § 420 et seq. Of the Civil Code), in the event that the Buyer has ordered Goods that have not been canceled resp. did not withdraw from the contract and at the same time did not take over the Goods from the carrier or, at the request of the Operator or the Seller, in the case of choosing a personal collection, did not take over the Goods within the specified period for collection. By doing so, the Buyer has breached its obligation to take over the ordered Goods.
2. In determining the amount of damages, the seller takes into account the transport costs and associated fees in the case of sending the Goods, costs associated with packaging, shipping and administration of the order as well as all other costs incurred with the implementation of the order and also has the right you also charge lost profits.
3. The seller has the right not to exercise the right to compensation for damages or to exercise this right only in part.
1. Information for the Buyer, who has the status of a consumer
1. According to Act 102/2014 Coll. on consumer protection in the sale of Goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and on the amendment of certain laws in force (hereinafter the "Act on consumer protection in the sale of goods under a distance contract") The buyer, who is a consumer, is entitled to withdraw from the purchase contract without giving a reason within 14 days from the date of receipt of the Goods. However, in accordance with the Consumer Protection Act when selling goods on the basis of a distance contract, the Buyer may not exercise the right to withdraw from the contract, the subject of which is:
2. (a) the provision of a service where it has been provided with the express consent of the consumer and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after full provision of the service;
3. (b) the sale of goods or the provision of services, the price of which depends on price movements on the financial market which cannot be influenced by the seller and which may occur during the withdrawal period,
4. (c) the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
5. (d) the sale of goods which are subject to rapid deterioration or deterioration,
6. (e) the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery,
7. (f) the sale of goods which, because of their nature, may, after delivery, be inseparably mixed with other goods;
8. g) the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery being possible after 30 days at the earliest and their price depending on market price movements over which the seller cannot influence,
9. (h) the performance of urgent repairs or maintenance specified by the consumer at the request of the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer has not ordered these services or goods in advance,
10. (i) the sale of phonograms, video recordings, phonograms or computer software sold in protective packaging, if the consumer has unpacked the packaging,
11. j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
12. k) the provision of accommodation services for purposes other than housing, the transport of goods, car rental, the provision of catering services or the provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time ,
13. (l) the supply of electronic content other than on a tangible medium, where such provision has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that by giving his consent he loses the right of withdrawal.
3. If the Buyer is interested in exercising the right to withdraw from the purchase contract in accordance with the Consumer Protection Act in the sale of goods under a distance contract, he is obliged to send a notice of withdrawal no later than the last day of withdrawal to the Operator's contact address. After the notice of withdrawal from the contract, the buyer is obliged to send or deliver the subject of the contract in person, 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. The Operator recommends that the Buyer make a copy of the invoice for his own use and send the Goods by registered mail and as an insured consignment. To withdraw from the contract, the Buyer may use the following form: Withdrawals from the purchase contract, in which it is necessary to fill in the minimum data marked "*" - with an asterisk. (http://www.nakupujbezpecne.sk/docs/form/odstupenie%20od%20zmluvy.pdf). The goods may not be sent back to the Operator by cash on delivery. In the event that the Buyer withdraws from the purchase contract, the costs of returning the Goods shall be borne by the Buyer.
4. The Operator shall return to the Buyer the performance paid for the Goods purchased from the Operator, including transport and delivery costs and postage and other costs and fees, or on behalf of the Seller shall return the performance for the Goods purchased from the Seller, including transport and delivery costs and postage and other costs, and fees. However, the Operator or the Seller does not have to return the money before the Goods are delivered to him or the Buyer does not prove the shipment of the Goods, this does not apply if the Seller has suggested that he pick up the Goods himself. Upon withdrawal from the contract, the subject of which is the sale of Goods, the Operator or Seller is not obliged to return mandatory payments to the Buyer before the Goods are delivered to him or until the Buyer proves sending the Goods back to the Seller or Operator, unless the Seller / Operator suggests picking up the Goods in person. or through a person authorized by him.
5. Seller resp. The Operator is not obliged to reimburse the Buyer for additional costs if the Buyer has explicitly chosen a different method of delivery than the cheapest common method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the Buyer and the costs of the cheapest common method of delivery offered by the Seller resp. Operators.
1. Protection of personal data and privacy
1. The Operator processes the Buyer's personal data to the extent, in the manner and for the purposes in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on 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 the amendment of certain laws.
2. Personal data of the Buyer are processed by the Operator for the purpose of concluding and fulfilling the purchase contract and fulfilling obligations arising from the purchase contract, or in connection with it, for the purpose of keeping accounting and tax records, for the purpose of providing the Service, for direct marketing, for the purpose of processing complaints or other requests or complaints of the Buyer. The Operator therefore processes them mainly when processing orders, issuing invoices, delivering the ordered Goods, registration of orders and purchase contracts, registration of persons visiting the Operator's website and handling of possible complaints. More information on the processing of personal data will be obtained by the Buyer in the principles of personal data processing of the Operator available here.
3. The Operator informs the Buyer that in accordance with § 62 par. 3 of Act no. 351/2011 Coll. on Electronic Communications, as amended (hereinafter referred to as the “Electronic Communications Act”), may address it by calling, sending e-mails and SMS messages to the contact addresses specified when ordering the Goods for the direct marketing of its own similar goods and services. The call, e-mail or SMS message according to the previous sentence may have an informational or advertising character and their originator is the Operator. Disagreement with the call or sending of these e-mails or SMS messages may be notified by the Buyer to the Operator at any time by sending an e-mail to firstname.lastname@example.org or simply unsubscribing at each delivery of the e-mail message by clicking on the link at the end of the e-mail. news.
XI. FINAL PROVISIONS
1. These Terms and Conditions shall enter into force and effect on 01.02.21
2. If the Buyer has the status of a consumer in accordance with the relevant legal regulations, the legal relations not regulated by these Conditions are governed in particular by the provisions of Act no. 40/1964 Coll. Civil Code as amended and the relevant provisions of consumer protection legislation. In the event that the given Buyer cannot be granted the status of a consumer, the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended.
3. The Operator is entitled to modify these Conditions mainly due to changes in legislation, technological changes, but also due to the expansion or changes in the services provided by the Operator. The new version of the Conditions shall apply to purchase contracts concluded on the basis of Buyers' orders delivered to the Operator from the date of entry into force of the changed or new Conditions.
4. If any provision of these Terms proves to be invalid or ineffective in whole or in part, this shall not affect the validity or effectiveness of the other provisions of these Terms. Instead of invalid or ineffective provisions, legislation shall be applied which, as far as possible, is as close as possible to the meaning and purpose of such invalid provisions of these Terms. The same procedure shall be followed if it is found that any of the provisions of these Conditions is unenforceable.
5. Any discrepancies and disputes arising in connection with these Terms shall be settled primarily by mutual agreement. However, in the absence of such mutual agreement, all disputes will be finally settled by the competent court in the Slovak Republic.