General Terms and Conditions
I. Basic Provisions
I.I
The General Terms and Conditions of Business set out below regulate the mutual rights and obligations between Mária Kovalčíková – MAYAK design, with registered office:082 16 Záhradné, Hlavná 221/20, ID No.: 50351249, registered in the Trade Register kept by the District Office of Prešov, Trade Licence Reg. 750-46631, e-mail: info@mayakhandmade.com, telephone number: +421 948 768 828 and the buyers, which result from the contractual relationship on the basis of the concluded purchase contract, the subject of which is the purchase and sale of goods in the electronic shop on the website www.mayakhandmade.com (hereinafter referred to as the “e-shop”).
I.II
The Provider is Mária Kovalčíková – MAYAK design, registered office: 08216 Záhradné, Hlavná 221/20, ID No.: 50351249 (hereinafter referred to as the “Seller”).
I.III
The Buyer is a natural person who has expressed an interest in purchasing or is purchasing goods in the e-shop. Within the meaning of these terms and conditions, in specific cases, the customer is also understood to be a third party designated by the customer in the order to take delivery of the purchased goods. Such designation of a third party shall be deemed to be an authorization of the third party to take delivery of the ordered goods (hereinafter referred to as the “Customer”).
I.IV
Goods are products which are intended by the Seller to be sold to customers via the e-shop.
I.V
An electronic form containing information about the Customer, a list of ordered goods from the Seller’s e-shop offer, the price of the goods, the payment method, information about the delivery of the ordered goods, which is processed by the Seller’s business system, is considered a binding proposal for the conclusion of a purchase contract (hereinafter referred to as the “Order”).
I.VI
Legal relations established by the purchase contract between the Seller and the Customer – natural person and not regulated by the provisions of the General Terms and Conditions valid at the time of the binding order shall be governed by the relevant legislation of the Slovak Republic, in particular Act No. 40/1964 Coll, Civil Code (hereinafter referred to as the “Civil Code”), as amended, Act No. 250/2007 Coll. on Consumer Protection (hereinafter referred to as the “Consumer Protection Act”), Act No. 372/1990 Coll. on Offences, as amended, (hereinafter referred to as the “Offences Act”), Act No. 102/2014 Coll. on Consumer Protection (hereinafter referred to as the “Consumer Protection Act”), Act No, on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller’s business premises (hereinafter referred to as the “Distance Selling Consumer Protection Act”), and Act No. 22/2004 Coll., on Electronic Commerce (hereinafter referred to as the “Electronic Commerce Act”), as amended.
II. Customer account
II.I
Based on the customer’s registration within the e-shop, the customer can access his/her customer account.
II.II
Creating a customer account on the e-shop will allow the customer to make future purchases without having to re-enter contact details.
II.III
The customer account is protected by a login name or email address and a password. The customer is responsible for securing the login name and password against possible loss and misuse.
II.IV
The Seller may terminate the customer account, in particular if the customer has not used the customer account for more than 3 years since the last login to the customer account or if the customer violates (repeatedly) his obligations under the contract.
II.V
The customer account may not be available continuously, in particular with regard to the necessary maintenance of hardware and software equipment.
III. Ordering the goods and conclusion of the contract
III.I
The purchase of goods is only possible via the e-shop.
III.II
In order for the customer and the seller to conclude a contract, it is necessary for the customer to create a draft order on the e-shop.
III.III
In order to create a draft order, the customer must select the goods he wishes to purchase on the e-shop and click on the “add to cart” function indicated next to the selected goods. He then goes to the list of the selected goods by moving the cursor and clicking on the cart image in the upper right corner of the e-shop. In this part of the order, the customer selects the quantity of goods he wishes to order and chooses the method of delivery of the goods. The customer then clicks on the “check and order” function. In the next step, the customer fills in his contact details and chooses the payment method. He then confirms his choice by clicking on the “order with payment obligation” function.
III.IV
If the customer wishes to make a specific request when placing the order, he writes it under the “order notes (optional)” function before sending the order and indicates his request in the then designated window. If the Customer is not sure that the Seller will be able to incorporate his/her request into the order, he/she can contact the Seller by e-mail at info@mayakhandmade.com or by telephone at +421 948 768 828.
II.V
After the order is processed, the customer will receive an immediate confirmation of receipt of the order to the e-mail address specified in the order, which will contain information about the order number, the date of the order, the name and specification of the goods, the price of the goods, the cost of delivery, the method of payment, information about the delivery period, information about the seller, personal data about the customer, or other information, if applicable. The delivery of the confirmation e-mail of the receipt of the order constitutes a binding acceptance by the Seller of the proposal for the conclusion of the purchase contract, and thus the conclusion of the purchase contract.
IV. Delivery of the goods
IV.I
The goods are delivered world-wide.
IV.II
The Seller undertakes to deliver the goods to the Customer in the required quality, quantity and without defects within the time agreed in the contract.
IV.III
The Seller shall inform the Customer by e-mail/text message about the dispatch and acceptance of the goods by the delivery company.
IV.IV
The place of delivery is the address specified by the customer in his order. In the case of personal collection, the place of delivery is the place agreed in the order or Packeta’s dispensing points chosen by the customer when drafting the order.
IV.V
The Seller shall process orders in the shortest possible time. Unless otherwise stated in the description of the goods, the Seller undertakes to ship the goods to the Customer within a maximum period of 3 days:
– from payment of the purchase price of the goods in case of payment by bank transfer to the Seller’s bank account or by payment through a payment gateway,
– from the order confirmation in case of delivery on delivery or personal collection of the goods.
IV.VI
In the event that the Seller is unable to ship the Goods within the specified time, the Seller shall specify a reasonable delivery period. The Seller shall immediately inform the Customer of the extension of the delivery period and notify the Customer of the expected delivery date.
IV.VII
In the event that the Seller is unable to ship the goods to the Customer even within 30 days of confirmation of the order or payment of the purchase price for any reason whatsoever, the Customer shall be entitled to withdraw from the Contract.
IV. VIII
The Customer shall take delivery of the goods in person or arrange for their collection in a proper and timely manner.
IV.IX
The customer is entitled to inspect the shipment upon delivery and to notify the carrier of any damage to the packaging or contents of the shipment upon receipt of the goods. In such a case, the customer has the right to refuse to accept the goods. The carrier is obliged to make a damage report in the presence and at the request of the customer. On the basis of such a record, the carrier may provide the customer with a performance in accordance with the provisions on claims.
IV.X
The Seller shall not be liable for late delivery of goods caused by incorrect address given by the Customer or by an error on the part of the carrier.
V. Payment terms and purchase price
V.I
The Seller shall be entitled to full payment of the purchase price for the goods delivered by the Customer.
V.II
The customer is obliged to pay the agreed purchase price to the seller on time, including transport costs, but at the latest upon receipt of the goods.
V.III
Payment for the purchase of goods may be made as follows:
– cash on delivery
– payment by bank transfer
– payment gateway
– cash
V.IV
The price is always indicated in its final form in the description of the goods on the e-shop. Any shipping costs will be quantified and accounted for at the end of the order. Prices are quoted in euros.
V.V
The Seller charges delivery charges in addition to the prices based on the actual price list of the carriers and final destination.
V.VI
The purchase price is payable:
– within 14 days of order confirmation in case of payment by bank transfer to the Seller’s bank account,
– on the day of receipt of the goods by the customer in the case of payment on delivery on delivery.
V.VII
If the Customer pays the purchase price to the Seller by wire transfer, the date of payment shall be the date on which the full purchase price is credited to the Seller’s account, otherwise it shall be paid at the time of payment.
V.VIII
The goods shall remain the property of the Seller until the purchase price has been paid in full by the Customer. Title to the goods shall only pass to the customer after he has paid the purchase price and accepted the goods.
V.IX
The invoice as a tax document and confirmation of payment will be issued in electronic form after payment of the purchase price and will be sent to the customer’s e-mail address indicated in the order.
V.X
The Seller is not subject to VAT.
VI. Complaints, withdrawal from the contract and cancellation of the order
VI.I
The warranty period for goods purchased in the e-shop is 24 months as standard.
VI.II
The warranty period shall commence from the moment of acceptance of the goods by the customer. The customer’s rights under liability for defects in the goods for which the warranty period applies shall be extinguished if he does not exercise them within the warranty period. The Seller shall not take into account claims for obvious defects in the goods, including defects consisting in incompleteness of the goods, which are not made immediately after receipt of the goods.
VI.III
The customer has the right to claim a guarantee from the seller only for goods which are defective due to the fault of the manufacturer, the seller or the supplier and are covered by the guarantee.
VI.IV
The Customer shall send the reasons for the complaint together with the proof of payment (Invoice) electronically to the e-mail address info@mayakhandmade.com and in writing by post via the complaint form together with the goods complained of and proof of payment of postage to the address Mária Kovalčíková – MAYAK design, located at Hlavná 221/20, 08216 Záhradné, or in person by agreement with the Seller. After the claim has been made, the seller will contact the customer by e-mail or phone and agree with him on a quick handling of the claim. The customer can find the complaint form here.
VI.V
Depending on the specific case, the Seller will handle the complaint in accordance with the provisions of the relevant legislation, but in particular in one of the following legal ways:
– replacement of the goods
– refund of the purchase price of the goods
– rectification of the defect in the goods
– payment of a reasonable discount on the price of the goods
– reasoned rejection of the complaint
VI.VI
The Seller shall issue the Customer with a confirmation of the claim. The Seller shall determine without delay how the complaint will be settled, but no later than three days from the date of the complaint. After determining the method of handling the complaint, the Seller shall handle the complaint without delay; in justified cases, the Seller may also handle the complaint later. The processing of the complaint shall not take longer than 30 days from the date of the complaint. The Seller shall issue the Customer with proof of the complaint within 30 days of the date of the complaint and shall inform the Customer of the complaint by e-mail. After the expiry of the time limit for processing the complaint, the customer has the right to withdraw from the contract or has the right to exchange the goods for a new product.
VI.VII
The customer is entitled to reimbursement of the necessary costs incurred in connection with the claim.
VI.VIII
The customer has the right to withdraw from the contract without giving any reason within 14 days from the date of delivery of the goods. The customer may withdraw from the contract in any demonstrable way, in particular by sending an e-mail to info@mayakhandmade.com or in writing to Mária Kovalčíková – MAYAK design, located at Hlavná 221/20, 08216 Záhradné. The price of the goods will be refunded by the seller to the customer within 14 days to the account specified in the withdrawal. A sample withdrawal form can be found here.
VI.IX
The Seller is obliged to refund to the Customer all payments received from the Customer under or in connection with the order without undue delay, at the latest within 14 days from the date of receipt of the notice of withdrawal. The Seller shall not be obliged to reimburse the Customer for additional costs if the Customer has expressly chosen a delivery method other than the cheapest normal delivery method offered by the Seller.
VI.X
The Customer is obliged to return or hand over the goods and accessories to the Seller within 14 days of the date of withdrawal from the Contract at the latest.
VI.XI
The Seller shall be entitled to withdraw from the Purchase Contract on the grounds that it is unable to deliver the Goods within the time limit specified in these General Terms and Conditions and that, even with all the efforts that may fairly be required of it, it is unable to deliver the Goods to the Customer. The Seller shall, within 14 days of the notice of withdrawal from the contract of sale, refund the purchase price already paid to the Customer by wire transfer to the bank account designated by the Customer.
VI.XII
The customer may not withdraw from a contract, the subject of which is the sale of goods made according to the customer’s special requirements, custom-made goods or goods intended specifically for a single customer.
VI.XIII
If the customer wishes to cancel an order that has not yet been confirmed, he/she should contact the seller as soon as possible at info@mayakhandmade.com or at +421 948 768 828. If the order has already been paid for, the seller will refund the money to the customer within 14 days at the latest to the account from which he/she paid.
VII. Complaints, complaints and alternative dispute resolution
VII.I
If the Customer is not satisfied with the order processing or the Seller’s services, he/she is entitled to submit complaints in writing, by e-mail to info@mayakhandmade.com or by phone +421 948 768 828.
VII.II
The Seller will inform the Customer about the assessment of the complaint by e-mail, in writing or by telephone.
VII.III
Alternative dispute resolution may only be used by a customer (natural person) who does not act within the scope of his/her business when concluding and performing a consumer contract.
business, employment or profession. Alternative Dispute Resolution applies only to a dispute between the customer and the seller, the value of which
exceeding EUR 20 arising from a consumer contract concluded at a distance.
VII.IV
The supervisory authority and subject matter competent entity for alternative dispute resolution for consumer disputes with Mária Kovalčíková – MAYAK design, Hlavná 221/20, 082 16 Záhradné, ID No.: 50351249, is the Slovak Trade Inspection Authority, SOI Inspectorate for the Prešov Region, Obrancov mieru 6, 080 01 Prešov 1, email: pr@soi.sk, tel. 051/772 15 97, or another competent authorised legal person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The customer has the right to choose to which of the above-mentioned alternative dispute resolution entities to turn. A sample form for initiating alternative dispute resolution can be found here.
VIII. Privacy Policy
VIII.I
For more information and the exact conditions for the protection and processing of personal data, please refer to the Privacy and Personal Data Protection section.
IX. Final Provisions
IX.I
These General Terms and Conditions are an integral part of the order concluded between the Seller and the Customer and are binding on both parties.
IX.II
The Seller and the Customer agree to use primarily e-mail correspondence and telephone customer support of the Seller for the purpose of mutual communication, whereby these communication channels shall be used in particular in the cases specified in these terms and conditions.
IX.III
In the event of a conflict between the provisions of the order and these general terms and conditions with the dispositive provisions of generally binding legal regulations of the legal order of the Slovak Republic, the provisions of the order and these general terms and conditions shall apply.
IX.IV
The Seller reserves the right to unilaterally amend or supplement these General Terms and Conditions. The present amendment of the general terms and conditions shall not affect orders already concluded and services provided. Any changes to these general terms and conditions shall take effect
become effective on the date of their publication in the e-shop.
These general terms and conditions come into force upon their publication.
In Zahradne, 04. 04. 2022
Mária Kovalčíková – MAYAK design, Hlavná ulica 221/20, 082 16 Zahradné, ID No.: 50351249.