Terms and conditions
1. General provisions
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms") govern the rights and obligations of the parties arising from a purchase contract concluded between a seller such as UniLady, Ltd., with its registered office at Bakossova 14464/3D, 974 01 Bánska Bystrica, IČO: 47883642, OR directed by the District Court of Bánska Bystrica, Section: Sro, Insert no .: 27169/S and buyer, which is the purchase and sale of goods from the offer of websites of one of the online shops https://.global.unilady.eu (hereinafter referred to as "store") operated by the seller.
1.2 The parties agree that the buyer by submitting an electronic order to the seller confirms that he agrees that these General Terms and Conditions and their terms and conditions will apply to all purchase contracts concluded on any of the e-commerce website of online shop operated by the seller, on the basis of which the seller delivers the goods presented on the website of the store to the buyer (hereinafter referred to as "Purchase Contract") and all relations between the Seller and the Buyer, arising in particular when the Purchase Contract was concluded and the Goods Claim, and that he was fully acquainted with them.
1.3 Buyer means a natural person or a legal entity that has dispatched an electronic order, subject to its own authorization, processed by UniLady's trading system, s.r.o. Consumer is a person who, when concluding and performancing a Consumer Contract, does not act within the scope of his business or other business activity.
1.4 Goods are all products or services that are found in the offer of UniLady, s.r.o. for purchase through the UniLady’s trading system, s.r.o. Goods made according to the buyer's specific requirements are goods that have been specifically ordered from the seller's supplier for a particular buyer based on the specification given by the buyer and for which the seller has requested a financial advance. The service means providing support - technical, consulting, expert.
1.5 An electronic order is a sent electronic form, containing information about the buyer, a list of ordered goods from the offer of the store and the price of this merchandise, processed by UniLady's trading system, s.r.o. and also an email sent to the seller's address. The Purchase Order is the Buyer's proposal to conclude the Purchase Contract with the Seller and is deemed to be binding (hereinafter referred to as "Order").
2. Concluding the Purchase Contract
2.1 The Purchase Contract is concluded by binding acceptance of the Seller's proposal to enter into a contract by telephone or e-mail confirmation of an electronic order after prior acceptance of the order and verification of the availability and delivery date of the goods requested by the buyer determined as "Order Confirmation". An automatically received notice of receipt of an order to the electronic system is not considered to be a binding acceptance of the order. By concluding the Purchase Contract is created a legally binding relationship exists between the seller and the buyer.
2.2 In the case of an order for goods made in accordance with the specific requirements of the buyer, the seller may claim from the buyer an advance in the agreed amount. By providing an advance, the buyer grants irrevocable consent to the operator that the goods for which the deposit was granted fall within the scope of the goods defined in § 12 par. 5 of Act no. 108/2000 Z.z. on consumer protection in the case of door-to-door sales and postal sales as amended, and therefore the buyer can not withdraw from the contract. The buyer undertakes to pay to the operator a penalty payment in the amount of the advance provided for the unreasonable non-receipt of the goods made according to the buyer's specific requirements. By paying a contractual fine, the buyer does not discharge the obligation to pay the full purchase price. The seller may request a financial deposit at the agreed rate, even if the order is ordered. Such goods (unless they are made according to the buyer's specific requirements) do not fall within the scope of the goods defined in Section 12 5 of Act no. 108/2000 Z.z. on consumer protection in the case of door-to-door sales and mail order as amended, and therefore the buyer may withdraw from the contract.
2.3 The buyer has the right to cancel the order without charge prior to the conclusion of the purchase contract. The order can be canceled by phone or e-mail. Confirmation of the cancellation of the order is communicated by the seller to the buyer by e-mail.
3. Withdrawal from the purchase contract
3.1 The consumer is entitled without notice to withdraw from the contract within 39 days from the day of taking over of the goods in accordance with the provisions of art. § 7 par. 1 of Act no. 102/2014 Z.z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller, and the amendment and supplement of certain laws (hereafter referred to as the "Consumer Protection Act for Mail-order Sale").
3.2 At the same time as withdrawal from the purchase contract, it is possible to deliver the goods together with the accessories in the original packaging to the seller. Repayment costs are borne by the buyer himself, who is obliged to send the undamaged goods to the address of the company. The seller does not collect the returned goods through the delivery service.
3.3 If the Buyer withdraws from the contract and delivers to the Seller goods which are not used and is not damaged or incomplete, the Seller shall return the Purchase Price already paid to the Purchaser for the goods specified in the binding acceptance of the order or part thereof within 14 working days of delivery withdrawal from the purchase contract and delivery of the goods to the seller by non-cash transfer to the buyer's account specified by the buyer.
3.4 In the event that the Buyer withdraws from the contract and delivers to the Seller goods that are used and is damaged or incomplete, the Seller shall return to the Buyer an aliquot of the value of the purchase price already paid.
3.5 The seller shall return the purchase price, in the case of a valid withdrawal, to the buyer, including the costs incurred by the buyer in connection with the ordering of the goods, if the buyer together with the goods presents the seller with the written documents the buyer incurred in order to order the goods. Return costs are not borne by the buyer only if the goods did not fully meet the qualitative requirements and at the same time were defective. Goods of the same or similar characteristics as mentioned in the offer of the goods on the seller's website are considered to be goods corresponding to qualitative requirements.
3.6 Costs incurred by the Purchaser for Ordering the Goods are the cost of placing an order, in particular the price for making a telephone call by which the Buyer made a proposal to enter into a purchase contract or the Buyer's Purchase Price on Seller's website during which the Purchaser filled in and sent the order form to the goods on the website, or wrote and sent a mail ordering the goods for 30 minutes.
3.7 The seller is entitled to withdraw from the purchase contract if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted the production or made such major changes that made it impossible to fulfill the seller's obligations under the purchase agreement or for reasons of force majeure. The seller is obliged to immediately inform the buyer about this fact and return the already paid advance for the goods agreed in the purchase contract.
3.8 The consumer may exercise the right to withdraw from the contract pursuant to Article 7 1 in the form of the vendor in paper form or electronically by filling in the notice of withdrawal in accordance with the annex (https://global.unilady.eu/media/wysiwyg/doc/complaint-form.pdf) in which the text (the format you can modify the law, however, clearly lays down the obligation to disclose a form of withdrawal from the contract in which it must be stated as follows): The seller fill in his/her name, surname and business address in the case of a natural person who is an entrepreneur, business name and registered office or place of business in the case of a legal person or fax number and e-mail address):
We hereby declare / notify * that we are withdrawing from the contract *: ............
Date of order / date of receipt * ............
- Name and surname of consumer / consumer * ............
- Address of consumer / consumer * ............
- Signature of the consumer / consumer * (only if this form is submitted in paper form) ............
- A date …………
4. Delivery conditions
4.1 The place of delivery is the postal address given in the electronic order to the buyer, unless otherwise agreed by the parties to the purchase contract. Place of delivery may also be the place of delivery of the seller if the buyer chooses this option in an electronic order. The goods will be delivered to the seller using the services of third parties (courier services hereinafter referred to as the "carrier"), or by the seller's own means or by agreement with the buyer, the goods will be ready at the place of delivery at a pre-agreed time, unless expressly agreed otherwise.
4.2 The buyer is obliged to take over the goods at the place specified in the purchase contract. After 14 days from the date when the Buyer is required to take over the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After the sale of the agreed goods to a third party, the advance for the agreed goods paid to the buyer is set off in full on the contractual penalty that the buyer is obliged to pay to the seller. Order above 40.00 Eur free of charge delivery Order below 40,00 Eur COURIER - price (5,00 - 20,00) EUR (price including VAT). All prices in our store are contractual, VAT included and are final. Orders are made immediately if the goods are in stock. Where goods are not distributed due to lack of stock, they are distributed immediately after delivery to the warehouse.
4.3 The Seller shall deliver to the Buyer at the latest, together with the goods in written or electronic form, all documents necessary for the taking and use of the goods and other documents prescribed by the applicable legislation (instruction in the national language, warranty card, delivery note, tax document).
5. Acquisition of ownership and passing of danger of damage to the goods
5.1 Ownership of the goods shall be transferred to the Buyer by the delivery of the Goods under the deferred condition of payment of the purchase amount in full. Upon the transfer of the ownership rights from the seller to the buyer who has the goods and services in the possession, the buyer has all the obligations of the custodian of the thing and is obliged to safely store the products and services at their own expense so that they are always identifiable as the seller's goods.
5.2 The risk of damage to the goods passes to the buyer at the time when the goods are taken over by the purchaser or his authorized representative or when he does so in a timely manner, when the seller allows him to dispose of the goods and the buyer will not accept the goods.
6. Buyer's rights and obligations, seller's rights and obligations
6.1 The Buyer is obliged to:
• take over purchased or ordered goods,
• pay the seller the agreed purchase price within the agreed maturity period, including delivery costs,
• Do not damage the seller's good business name,
• confirm receipt of the goods with the signature or signature of the authorized person in the delivery note.
Buyer has the right:
• delivery of the goods in quantity, quality, time and place agreed by the parties in binding order acceptance.
6.2 The Seller is obliged to:
• deliver, on the basis of an order confirmed by the seller to the buyer, goods in the agreed quantity, quality and time and pack it or equip it for transportation in the manner necessary for its preservation and protection,
• ensure that the delivered goods comply with the applicable Slovak legislation,
• Submit the documents necessary for the taking and use of the goods and other documents prescribed by applicable legal regulations (Slovak guides, warranty certificate, delivery note, tax document) together with the goods in written or electronic form with the goods at the latest.
The seller has the right:
• for a proper and timely payment of the purchase price from the buyer for the delivered goods.
7. Purchase price, payments
7.1 The purchase price of the goods is the price agreed in the purchase contract and / or according to the seller's price at the time of the conclusion of the purchase contract (hereinafter referred to as the "purchase price").
7.2 The purchase price stated on the website https://.unilady.eu operated by the seller is exclusively for purchase through the UniLady’s trading system, s.r.o. The price does not include transportation, consultancy or any other costs, unless it is mentioned in the description of the goods on the website of one of the electronic shops. Assembly and leasing costs are not included in the purchase price of goods and the seller is not required to provide these services.
7.3 The Buyer is obligated to pay to the Seller the purchase price, including the delivery cost of the goods by cash payment at the point of delivery, by delivery at the point of delivery of the goods, by the delivery service via postal service or by wire transfer to the seller's account specified in the binding acceptance of the order.
7.4 If the buyer pays the seller the purchase price by cashless transfer, the day of payment is considered the day when the entire purchase price was credited to the seller's account. The buyer is obliged to pay the seller the purchase price for the agreed goods within the term of the purchase contract, but at the latest when the goods are taken over. If the buyer pays the seller the purchase price for the goods negotiated in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand repayment of the purchase price only in accordance with the valid legal regulations of the Slovak Republic.
7.5 The seller undertakes to deliver the goods to the buyer at the purchase price valid at the time of the order creation.
7.6. The buyer shall make a payment in euro, unless otherwise agreed by either of the following methods: • Before taking goods (by bank transfer / deposit into an account or postal money order). The seller will book the goods for the buyer for a maximum of 3 business days from the date of receipt of the order. If no payment is made within 3 business days, the seller has the right to withdraw from the purchase contract after a prior notice from the buyer. • When picking up the goods (pickup / courier service)
7.7. Special prices shall be payable either for stock sales or for the duration of the preferential period.
8. Warranty and Complaint Terms
8.1 The warranty period for the fulfillment of consumer contracts (Act No. 40/1964 Coll., Civil Code as amended) is set for a minimum of 24 months from the date of the purchase contract unless a specific warranty period is specified or specified above by the date of consumption of the goods and shall run from the date of receipt of the goods and confirmation of the necessary documents related to the goods by the authorized person. The warranty period is extended by the time the buyer could not use the goods for warranty repair of the goods. Authorized person means the buyer or the person authorized by the buyer in the event of his / her absence to take over the goods specified in the purchase contract.
8.2 Complaint handling is subject to valid terms of claim. These claim terms apply to the goods purchased by the buyer from the seller via the e-commerce website operated by the seller. Complaints are handled in accordance with applicable laws of the Slovak Republic. Buyer sends an order to the seller confirming that he has been duly informed about the terms and conditions of the claim, including the details of where the claim can be applied and the warranty claims of the seller. § 18 par. 1 law no. 250/2007 Z. from. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. about the violations of later regulations (hereinafter "the Act").
8.3 Compulsory terms of this form are valid for all business cases unless other claims are negotiated.
8.4 The buyer has the right to apply the warranty only to goods that show defects caused by the manufacturer, the supplier or the seller, it is covered by the warranty and the buyer sold. The Buyer is required to claim the claim before the Seller in accordance with the applicable Claiming Rules without undue delay, otherwise the Buyer waives the right to the Seller to free the defect.
8.5 The Buyer shall not be entitled to warrant defects which the Seller has been notified of during the Contract, or to the Author, who must have been aware of the damages in respect of which the Purchase Contract was concluded.
8.6 The buyer is obliged to perform a goods check when the goods are taken over. If he fails to do so, he can claim claims from the findings found during this inspection only if he shows that these defects have already occurred during the takeover of goods.
8.7 Seller is liable for defects in goods. If the goods are defective, the customer has the right to claim a claim with the seller. § 18 par. 2 The law by sending it electronically by e-mail. The buyer is obligated to indicate on the form exactly the type and extent of the defects of the goods. A claim for goods that can be delivered objectively to the seller begins on the day that all of the following conditions are met: (a) delivery of a completed form for claiming a claim from the buyer to the seller, (b) delivery of the goods claimed by the buyer to the seller A claim for goods that can not be delivered to the seller objectively and is firmly embedded begins on the day when all the following conditions are met: (a) delivery of a completed form for claiming a claim from the buyer to the seller, b) execution of the inspection of the claimed goods by a third person, designated by the seller, who gives the buyer a written confirmation The commencement of the claim is also the date of the claim. Returned goods must be delivered to the vendor's postal address, unless the seller specifies otherwise (eg deliver the goods directly to the service center). On the date of receipt of the claim, the seller will issue a proof of receipt of a complaint to the buyer in the appropriate form chosen by the seller, in the form of a letter or a written form in which it is obliged to accurately identify the defects of the goods in accordance with the provisions of art. § 18 par. 5 of the Act.
8.8 The Seller shall be obliged to accept a complaint at the designated location, which is the postal address and the establishment in accordance with § 18 par. 2 of the Act during the entire business hours, or after a written or oral agreement with the buyer, also outside the opening hours. At the place of receipt of complaints, the seller is obliged to ensure the presence of the person charged with handling complaints in accordance with § 18 par. 3 of the Act
8.9 Seller shall furnish a claim for goods immediately, in more complex cases within 3 days of commencement of the claim. This time does not take into account the time required to expertly assess the defect. However, the claim may not be longer than 30 days.
8.10. The Seller shall notify the buyer of the outcome of the claim within the statutory time limit in writing (by email, by post). All warranty repairs that are lawfully applied are free of charge. In the event that the seller or a third party servicing the goods decides that the claim is not eligible, the seller will send the goods at his / her own expense to expert judgment, to an expert, authorized, notified or accredited person.
8.11 Entitlement to the seller to buyer expires: a) the expiry of the warranty period of the goods,
8.12 The Seller shall be obliged to reclaim the complaint and to terminate the complaint procedure in one of the following ways: As far as the herring is concerned: a) handing over the repaired goods (removal of the defect), b) in exchange for the same new goods. If there is a defect that can not be eliminated or repeated multiple deleterious defects or a number of different removable defects that prevent the goods from being properly used as defective, the seller shall provide a complaint: c) by returning the full purchase price of the goods, d) by exchange of goods for other functionally identical or better technical parameters, e) by paying an appropriate discount on the price of the goods, after the buyer has agreed. Complaints are also considered to be terminated in the following ways: e) a written request for the seller to receive the specified performance, (f) a reasoned rejection of the goods claim.
9. The possibility of resolving consumer disputes through the on-line European RSO Platform
9.1 You may also exercise any of your rights and claims against us in an alternative online dispute resolution. The on-line solution to the dispute is provided by the European Commission and the Slovak Contact Point for Dispute Resolution Online (RSO). Our claims to you can also be applied through the European platform. Using an alternative dispute resolution saves you money and time, as your complaint will be up to 90 days old and without significant financial costs. In case of any problems please contact us via our e-mail address. You can file a complaint through the online dispute resolution platform (RSO) at http://ec.europa.eu/consumers/odr/index_en.htm
10. Personal information and privacy
10.1. The parties agree that the buyer will only require the data of the buyer to meet the needs of the seller in connection with the fulfillment of the obligations arising out of the purchase contract (in the case of a natural person name and surname, permanent address including postcode and delivery address, mail address, in the case of a legal person, business name, address, including postcode, delivery address, VAT ID, VAT ID, contact person, telephone number and email address).
10.2 The Buyer declares that he agrees in accordance with the provisions of Art. § 7 par. 1 of Act no. 428/2002 Z.z. on the Protection of Personal Data, to make subsequent releases process and store the personal data necessary for Seller's activities and process them in all their information systems. At the same time, the buyer provides the seller with his / her consent to the provision of personal data to another person and to the cross-border transfer of personal data to third countries (any countries within the European Union and the countries of the safe harbor). The seller undertakes to treat and store the buyer's personal data in accordance with applicable Slovak legislation. The buyer grants this permission for an indefinite period of time. Seller agrees to delete his or her personal data from his / her database within 14 working days of delivery of this request upon written request by the buyer (mail or e-mail).
10.3 By sending an order, the Buyer expresses his or her consent to the seller sending him / her information about the seller's activities, offers and actions and other marketing activities. Buyers can also choose to send this information by signing in directly to the operator's website via their email address. In case of disagreement with this information, the buyer will send a request to the seller (mail or e-mail) that they do not agree with the news. The request can also be sent in response to a received e-mail.
11. Final and transitional provisions
11.1 These General Terms and Conditions shall apply as stated on the Operator's website on the day on which the electronic order is dispatched, unless expressly agreed otherwise between the Parties. The seller reserves the right to change these general terms and conditions. The obligation to notify in writing changes to these General Terms and Conditions is met by placing on the seller's e-commerce website.
11.2 By submitting an electronic order, the Buyer accepts without reservation all provisions of the "General Terms and Conditions" as in force on the day of dispatch of this order. The Buyer declares that he has become acquainted with these General Terms and Conditions before completing the order and agrees to them. Notwithstanding other provisions of the agreement, the seller does not correspond to the buyer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of contract or otherwise incurred. In the event that certain provisions of these terms are invalid or enforceable to the competent authorities of the Slovak Republic, in whole or in part, the validity and enforceability of the other provisions and the rest of the relevant provision remain unaffected.
11.3 For relations not governed by the parties, these "General Terms and Conditions" are governed by the relevant provisions of Act no. 40/1964 zb. Civil Code in the wording of later regulations, Act no. 250/2007 Z.z. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 108/2000 Z.z. on consumer protection in the case of doorstep selling and mail order, as amended, Act no. 22/2004 Z.z. on electronic commerce as amended, or other laws of the Slovak legal order.
11.4 Seller and Buyer agree to fully recognize the electronic form of communication, in particular through electronic mail and the Internet, as valid and binding on both parties.
11.5 These General Business Terms become effective against the Purchaser by entering into a Purchase Agreement.