General Terms and Conditions

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General Terms and Conditions

1. General regulations and definitions

1.1 The seller is an online store www.atina-shop.sk / store owner:

Anita Štreicher, Jánošíkova 4347/34A, 94603, Kolárovo, Slovakia registered in the Trade Register of Komárno, Decision No .: OU-KN-OZP-2022 / 011817-2, Trade License No: 410-38489, business ID: 54845980, Tax ID: 1076855076, email: atina-shop@outlook.com (hereinafter referred to as the „seller“).

1.2 Buyer is any private person who in any way contacts the seller with the intent to purchase the goods the seller offers. We do not sell our products to companies or other online stores, only to private persons.

1.3 By using the seller's website www.atina-shop.sk and with confirmation of the order, the buyer agrees to these Terms and Conditions.

1.4 An electronic order is a sent electronic form containing information about the buyer, a list of ordered goods from the e-commerce offer and the price of the merchandise, processed by the system of the store or email sent to the seller's email address or by telephone.

1.5 These Terms and Conditions are valid until the new Terms of Business are issued.

1.6 The rights and obligations of the parties of the purchase contract are governed by the law (of Slovak republic) of a purchase contract under § 588 et seq. in conjunction with § 612 et seq. of Act no. 40/1964 Coll. Civil Code.

2. Ordering

2.1 Goods may be ordered by the buyer as follows:

a) through a shopping cart on the vendor's website,

b) an email order on the seller's email

c) by phone to the seller's phone number listed in the Contacts section

2.2 By sending an order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.

2.3 The sent order shall be confirmed by the seller within 24 hours by email and shall at the same time notify the buyer of the availability and delivery date. All confirmed orders are binding.

2.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.

2.5 The order can be canceled by the buyer within 24 hours of ordering the goods, or before sending it to the buyer, without giving any reason. Buyer can cancel the order in the Customer's section / user account on the seller's website, by phone or email. After verifying the conditions of cancellation of the order, the seller will confirm the buyer's cancellation by email or by telephone. If the amount for the ordered goods has already been paid, the seller will send the money back to the buyer's bank account or deliver it in a different way, which they agree with.

2.6 The seller has the right to cancel the order if it is not possible to ensure the ordered goods.

In this case, the seller immediately refunds the full amount paid for the order or offers replacement goods or other solutions if the buyer agrees. The seller has the right to cancel the order also if he / she can not contact the buyer (mistaken or missing contact details, unavailability, ...)

Also, the seller reserves the right to cancel the order or part thereof in the following cases:

* if the buyer chooses to make a prepayment to a bank account but has not paid the payment within 5 working days of the day of the order

* in the case of an order with payment of cash on delivery was not possible to confirm the order (wrong telephone number, incomplete address, unavailable, not responding to emails, etc.)

* if the buyer has not  taken over of goods in the past or otherwise violated the terms and conditions

* the goods are no longer manufactured or delivered or the price of the supplier has changed significantly. In the event that this occurs, the seller will immediately contact the buyer to agree on the next procedure. If the buyer has already paid part or the whole purchase price, this amount will be refunded back to his account or address within 15 calendar days.

3. Prices

3.1 The price stated for the goods is final to the consumer and including VAT. We are not a VAT payer.

3.2 To the total price of the order are added delivery costs according to the selected way of delivery and the payment method by the buyer. The price is also derived from the total weight of the ordered goods and the current rate is visible directly in the order (for each mode of delivery). Packing is not charged.

4. Payments

4.1 The buyer may pay for the goods in the following ways:

a) in cash on delivery of a consignment from the Slovak Post or a courier of the Slovak Post

b) transfer to the seller's account. Based on the submitted order, the seller will send the information about the total value of the order together with the order confirmation by email. This payment can be made by the buyer as follows:

  - a transfer order from your account,

  - direct cash deposit on the seller's account

4.2 Payment is possible in EURO, CZK (valid for the customers from Czech Republic).

4.3 The invoice is sent by the seller to the buyer together with the goods or by email.

5. Delivery conditions

5.1 The delivery time for the goods in the seller's offer is in most cases within 5 business days of order confirmation, the maximum delivery time is 14 days or may be extended by agreement with the buyer. The delivery time and the delivery date will be communicated by the seller to the buyer upon confirmation of the order by telephone or email. If the buyer does not agree with the announced extended delivery time, he may cancel the order in accordance with point 2.5 of these Terms and Conditions.

5.2 Goods will be dispatched immediately after the order is confirmed and all conditions for the removal from storage have been met.

5.3 The buyer is obliged to take over the goods at the place specified in the seller's acceptance of the buyer's order. In the event of a delay in the delivery of the goods by the seller, the seller is entitled to unilaterally extend the delivery period and immediately informs the buyer by email or by telephone.

5.4 The seller is entitled to invite the buyer to take over the goods before the expiry of the time agreed in the purchase contract.

5.5 The place of delivery is the place specified in the order by the seller, unless the parties agree otherwise.

5.6 In the case of delivery of goods by courier or via mail, the buyer is obliged to check the consignment, ie the goods as well as its packaging immediately upon delivery. In case the buyer finds that the goods or the packaging of the goods is mechanically damaged, he is obliged to notify the carrier and check the condition of the goods in his presence. If the goods are found to be damaged, the buyer is obliged to make a record of the extent and nature of the damage to the goods, the accuracy of which is confirmed by the carrier. On the basis of such a written record delivered to the seller, the seller may subsequently provide for the removal of the defect of the goods, the rebate on the goods or, in the case of irreparable defects, to deliver new goods to the buyer.

5.7 In case of non-delivery of goods, the buyer is entitled to withdraw from the Purchase Agreement within the period specified in clause 5.1 of these Business Terms and Conditions and the seller is obliged to return to the buyer the purchase price already paid within 15 days of delivery of the withdrawal from the Purchase Agreement by cashless bank transfer to buyer's account specified by the buyer.

5.8 Buyer receives invoice by email or together with the goods. Where the warranty card is required, it will be added to the package.

5.9 Payment methods: In cash, when goods are taken over or bank transfer to the account.

6. Delivery of goods

6.1 The seller offers the delivery of the goods in a way that the buyer chooses from the offered options in the order:

a) Slovak Post - as a registered letter or package depending on the quantity and weight of the ordered goods

b) personal pickup - personal pickup is possible only by mutual agreement of the seller and the buyer in Kolárovo. Upon receipt of the order, the seller will contact the buyer and agree with the place and time of personal pickup of the goods. In case of personal pickup, it is possible to pay an order in advance by transfer to the account. When buyer choses payment for the order by transfer to the account, the goods will be delivered only after the full amount of the order is credited. In the case of personal pickup, delivery costs are not charged.

c) Courier of the Slovak Post - delivery the next business day after the sending of the shipment.

d) By mail to the countries of the Eurozone, UK, Czech Republic and Hungary - as a registered letter or package depending on the quantity and weight of the ordered goods, delivery usually within 5-7 business days.

6.2 The place of delivery is determined on the basis of the buyer's order. Delivery of the goods is deemed to be the delivery of the goods to the specified place.

6.3 The goods are adequately packed and secured. The buyer is obliged to check the integrity of the consignment when taking over goods.

6.4 Together with the goods the seller sends to buyer an invoice (tax document) eventually delivery note or seller may send the invoice and delivery note by email as well. The seller also delivers with the goods the operating instructions and warranty card if the nature of the goods so requires.

6.5 The seller is responsible for the goods till it has been received by the buyer. The goods are deemed to have been taken over by the buyer from the moment is confirmed by buyer’s signature.

6.6 The seller is not responsible for the delayed delivery of ordered goods to the buyer caused by the carrier. The carrier is fully responsible for damage to the consignment caused by the carrier. Such cases are resolved by the seller by delivering new goods to the buyer after all damages have been paid by the carrier.

6.7 In the case of higher demand may happen that we have a shortage of goods and so we can supply you ordered goods in several packages while you pay for delivery costs and packaging as per one package.

7. Returns of completed order

7.1 Buyer is legally entitled to withdraw from completed order without giving any reason (according to the law "from the purchase contract" if the buyer has already taken over the goods) within 14 calendar days from the date of receipt of the goods.

7.2 Returned goods must be:

a) undamaged,

b) complete (including accessories, documentation, ...),

c) including the attached purchase receipt - invoice.

7.3 If the buyer decides to return the goods according point 7.1 of these Terms and Conditions, he / she is obliged to:

a) contact the seller with the request of return of goods from the order, enter the order number (reference number), the purchase date and specify bank account number for refund
b) send the goods back to the seller's address - the goods are advised to send as a registered and insured package and to use suitable packaging to prevent the packaging of goods and the goods themselves from being damaged (the seller is not responsible for any loss or damage of the goods during transportation).
c) pay costs for the return of goods (postage, insurance, ...).

7.4 Once the conditions in paragraphs 7.1 to 7.3 of these Terms and Conditions have been met and after receiving the returned goods, the seller is obliged to:

a) take the goods back,

b) refund the buyer, within 15 calendar days from the date of receipt of returned goods, the entire price paid for the goods, excluding the delivery costs.

7.5 In case of non-fulfillment of any of the conditions set forth in points 7.1 to 7.3 of these Terms and Conditions, the seller will not accept the return of goods and the goods will be returned at the expense of the buyer.

7.6 Due to hygienic reasons of sold goods the seller can not accept return of used goods. Return of goods is possible only in unopened condition - otherwise we consider product as used and due to hygienic reasons we can not accept return of goods like this.

8. Warranties and claims

8.1 The seller is liable for the defects of the goods and the buyer is obliged to apply the claim immediately to the seller according to the valid complaint rules by telephone or by email.

8.2 Claims handling are governed by the warranty conditions of specific goods, Act No. 250/2007 of Consumer Protection Act as amended (hereinafter referred to as the Consumer Protection Act), the Commercial Code and the relevant provisions of the Civil Code and special regulations.

8.3 The warranty period for all goods offered in the seller's online store is 24 months. In order to exercise the rights of liability for defects (claim), proof of purchase (invoice) is sufficient. The submission of a proof of purchase for the purposes of the claim is sufficient even if the warranty card has been issued but the customer has lost it.

8.4 The warranty does not apply to the normal wear and tear of the item (or parts thereof) caused by use.

8.5 The complaint rules apply only to the goods purchased by the buyer from the seller at the website of the www.atina-shop.sk online store.

8.6 Buyer has the right to claim a warranty on the seller only for goods that display defects that have been caused by the manufacturer, supplier or seller, covered by the warranty and purchased from the seller.

8.7 The buyer is obliged to complain of goods defects without undue delay, otherwise the buyer loses the right to the free removal of the defect.

8.8 The buyer is obliged to perform a goods check when the goods are taken over. If it fails to do so, it can not claim claims from the defects found in this inspection if it is shown that these defects occurred at the time the goods were taken over.

8.9 During the warranty period, the customer has the right to free of charge removal of the defect after returning of the goods, including accessories, documentation and a payment receipt, which also serves as a warranty card. If the defect can not be repaired, the buyer is entitled to a free exchange of goods or a refund of the purchase price paid. The buyer has the right to choose.

 

8.10 HOW TO PROCEED IN CASE OF CLAIM:

 

8.10.1 Immediately after the product defect is observed, notify us by email or phone about the situation (with description of the defect).

8.10.2 The buyer is obliged to deliver the goods back to the seller clean, mechanically undamaged, with a copy of the invoice or / and the delivery note. The buyer is obliged to send a description of the defect together with the goods. The goods must be sent to the address of the seller.

8.10.3 Upon receipt of the claim, the seller shall establish a complaint handling procedure. If it is in the seller's possibilities, he will assess the alleged defect. If not, the seller will send the product for review to the manufacturer. The buyer will be informed about complaint procedure without delay.

8.10.4 If it is necessary to send the claimed goods to the manufacturer, the seller will do so in the shortest possible time. The seller will keep the buyer informed of the status of the claim.

8.10.5 If the claim is not recognized, the seller will return the goods back to the buyer and may require costs associated with it.

8.10.6 In the case of a recognized claim, the seller will contact the buyer and agree with him how the complaint will be closed - exchange of goods or the refund. The right of choice is on the buyer. Refund must be made within 15 calendar days of the date of recognition of the claim.

 9. An alternative way to resolve disputes: 

  • If the buyer / consumer believes that his / her rights have been violated or is not satisfied with the manner in which his / her claim was closed, he / she can send a request for redress to our email address: atina-shop@outlook.com
  • If the consumer receives a rejection of his application or does not receive a response within 30 calendar days, then the amended Act no. 102/2014 and Act no. 391/2015 on Alternative Dispute Resolution, has the right to an alternative (extrajudicial) way of settling disputes.
  • The proposal may be submitted in the manner specified in §12 of Act 391/2015 Coll.. You can use the form to submit a proposal, a template of which is also available at the website of the relevant ministry and any alternative dispute resolution entity.
  • Buyers - consumers are authorized to use the online dispute resolution platform ("ODR") to resolve their disputes in the language of their choice. Buyer - consumer can use the ODR platform, which is available on the website, to resolve his dispute: http://ec.europa.eu/consumers/odr/.
    Buyer - consumer when submitting submissions to the ODR platform will complete the electronic complaint form. The information it presents must be sufficient to identify the relevant alternative dispute resolution entity online. Buyer - consumer can attach documents to support his complaint.
  • The email address for electronic submission at the Slovak Trade Inspection is: ars@soi.sk
  • Alternative dispute resolution entity may refuse the consumer´s submission:

- if the quantifiable value of the dispute does not exceed 20€

- if, in the light of all the circumstances, it is clear that alternative dispute resolution would only be possible with inadequate efforts, etc.

  • Costs associated with an alternative dispute resolution are borne by each of the parties to the dispute separately without the possibility of reimbursement.

10. Personal data protection

Seller processes the buyer's personal information. For more detailed information on the processing of personal data and privacy, please visit:

https://www.atina-shop.sk/personal-data-protection/

11. Final information

11.1 Surveillance of the provision of services shall be carried out by Slovak Trade Inspection:

  • Inšpektorát SOI pre Nitriansky kraj, Staničná 9, 950 50 Nitra 1, Slovakia.

11.2 These General Terms and Conditions and all sales contracts concluded on the basis thereof are governed by the laws in force in the Slovak Republic.

 

 

In Kolárovo, 30.09.2022