General Terms and Conditions
I. Main provisions
- These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued by:
DAVID interier design, spol. s.r.o.
CIN: 34 113 061
TAX ID number: 2020388799
VAT reg. No.: SK2020388799
with registered office in: Bratislavská cesta 2791/114, 921 01 Piešťany, Slovak Republic
Registered in the Commercial Register of the District Court of Trnava, Section Sro, Insert No. 849/T
Phone No.: +421 905 427 391
(hereinafter referred to as “Seller”)
- These terms and conditions regulate the mutual rights and obligations of the Seller and the natural person who concludes a purchase contract outside his/her business activity as a Consumer or within his/her business activity (hereinafter referred to as: “Buyer”) through the web interface located on the website available at streetway.eu (hereinafter referred to as the “online store”).
- The provisions of the terms and conditions are an integral part of the purchase contract. A different arrangement in the purchase contract shall prevail over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in Slovak language.
II. Information about goods and prices
- Information about the goods, including the price of the individual goods and their main characteristics, is provided for each item in the catalogue of the online store. The prices of the goods are inclusive of value added tax, any associated charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentation of the goods placed in the catalogue of the online store is of an informative nature and the Seller is not obliged to enter into a purchase contract with respect to these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online shop. Information about the costs associated with the packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Slovak Republic.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
III. Order and conclusion of the purchase contract
- Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself/herself. These costs do not differ from the base rate.
- The Buyer orders goods in the following ways:
– via his/her customer account if he/she has previously registered with the online shop,
– by filling in the order form without registration.
- When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the Buyer is allowed to check and change the data he/she has entered in the order. The Buyer sends the order to the Seller by clicking on the “Order with payment due” button. The information provided in the order is considered correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that he/she has read these terms and conditions.
- Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation shall be accompanied by the current terms and conditions of the Seller. The purchase contract is concluded only after receipt of the order by the Seller. Notification of receipt of the order is delivered to the Buyer’s email address. / Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation shall be deemed to constitute the conclusion of the contract. Attached to the confirmation are the current terms and conditions of the Seller. The purchase contract is concluded by confirmation of the order by the Seller to the Buyer’s email address.
- In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to his/her email address. The amended offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer to the Seller at his/her email address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the Seller’s telephone number or by sending an electronic message to the Seller’s email address, both of which are specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the part of the Seller in the indication of the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this quite obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the amended offer to the Buyer’s email address. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller’s email address.
IV. Customer account
- Based on the Buyer’s registration made in the online shop, the Buyer can access his/her customer account. The Buyer can order goods from his/her customer account. The Buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the user account in case of any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not liable for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement and these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the Buyer in the following ways:
- wire transfer to the Seller’s bank account IBAN: […..],
- cashless by credit card,
- by wire transfer to the Seller’s account through a payment gateway […],
- cash on delivery upon receipt of goods,
- in cash or by credit card when collecting in person at the shop,
- in cash or by credit card when collecting in person at the dispatch office […].
- Together with the purchase price, the Buyer is obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.
- In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within [….]days of the conclusion of the purchase contract.
- In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
- The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment is not a deposit.
- According to the Act on Revenue Registration, the Seller is obliged to issue a cash receipt to the Buyer. At the same time, he/she is obliged to register the received sales with the tax administrator online, in case of technical failure, then within 48 hours at the latest.
- The goods are delivered to the Buyer:
– to the address specified by the Buyer in the order,
– via the dispatch office to the address of the dispatch office designated by the Buyer,
– by personal collection at the Seller’s establishment.
- The choice of delivery method is made in the course of ordering the goods.
- The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the Buyer’s order and in the Seller’s order confirmation. In the event that the method of transport is agreed upon on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
- If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- Upon receipt of the goods from the Forwarder, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the Forwarder. In the event of damage to the packaging indicating unauthorized intrusion into the shipment, the Buyer does not have to accept the shipment from the Forwarder.
- The Seller shall issue a tax document – invoice to the Buyer. The tax receipt is sent to the Buyer’s email address. The tax receipt is enclosed with the goods supplied.
- The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental loss, damage or destruction of the goods passes to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to accept the goods but failed to do so in violation of the contract of sale.
VI. Withdrawal from the contract
- A Buyer who has concluded a purchase contract outside his/her business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.
- The withdrawal period is 14 days:
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of the goods, if the subject-matter of the contract is several types of goods or the delivery of several parts,
- from the date of acceptance of the first delivery of goods if the subject of the contract is a regular recurring delivery of goods.
- The Buyer may not, inter alia, withdraw from the Purchase Contract:
- for the provision of services, if they have been performed with his/her prior express consent before the expiration of the withdrawal period and the Seller has notified the Buyer prior to the conclusion of the contract that he/she has no right to withdraw from the contract in such a case, and if the service has been fully rendered,
- for the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the withdrawal period,
- for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which may be delivered only after the expiration of thirty days and the price of which depends on market fluctuations independent of the will of the Seller,
- for the delivery of goods that have been modified according to the Buyer’s wishes, custom-made goods or goods intended specifically for a single Buyer, among other things,
- for the delivery of perishable goods, as well as goods which, due to their nature, have been irretrievably mixed with other goods after delivery,
- for the delivery of goods in closed packaging, which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
- for the supply of sound recordings, visual recordings, sound-visual recordings, books or computer software, if they are sold in protective packaging and the Buyer has unpacked this packaging,
- for the delivery of newspapers, periodicals or magazines, except for sales under a subscription agreement and the sale of books not supplied in protective packaging,
- for the supply of electronic content other than on a tangible medium, if the provision of the electronic content has been initiated with the express consent of the Buyer and the Buyer has declared that he/she has been duly instructed that he/she loses the right to withdraw from the contract by expressing such consent.,
- in other cases listed in § 7 (6) of Act No. 102/2014 Coll. 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, as amended.
- In order to comply with the withdrawal period, the Buyer must send the withdrawal declaration within the withdrawal period.
- To withdraw from the contract of sale, the Buyer can use the sample withdrawal form provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
- The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
- If the Buyer withdraws from the Contract, the Seller shall immediately, but no later than 14 days after withdrawal from the Contract, return to the Buyer all money, including delivery costs, received from the Buyer in the same manner. The Seller shall only return the money received to the Buyer by other means if the Buyer agrees to this and if no additional costs are incurred by the Seller in doing so.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall refund the Buyer the cost of delivery of the Goods in an amount equivalent to the cheapest method of delivery offered.
- If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the money received to the Buyer before the Buyer has handed over the Goods to the Seller or proved that the Seller has dispatched the Goods to the Buyer.
- The goods must be returned by the Buyer to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
- The Seller shall be entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the Manufacturer, Importer or Supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return, within 14 days of the notice of withdrawal from the Purchase Contract, all money, including delivery costs, received from the Buyer under the Contract, in the same manner, or in the manner specified by the Buyer, as the case may be.
VII. Liability for defects
- The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the Manufacturer or expected by the Buyer having regard to the nature of the goods and on the basis of the Seller’s advertising,
- the goods are fit for the purpose which the Seller states for their use or for which goods of that kind are usually used,
- the goods correspond to the quality of workmanship of the agreed sample or specimen, if the quality of workmanship has been determined according to the agreed sample or specimen, the goods are in the corresponding quantity or weight; and
- the goods comply with the requirements of the legislation.
- If the defect manifests itself within six months of the Buyer’s receipt of the goods, it shall be deemed that the goods were already defective upon receipt. The Buyer is entitled to assert rights for defects that occur in consumer goods within a period of twenty-four months from the date of acceptance. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the Buyer, or if this is apparent from the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and demand:
- if it is a defect that can be remedied:
- free removal of defective goods,
- exchange of goods for new goods,
- if it is a defect which cannot be remedied:
- a reasonable discount on the purchase price,
- withdraw from the contract.
- if it is a defect that can be remedied:
- The Buyer has the right to withdraw from the contract,
- if the goods have a defect which cannot be remedied and which prevents the goods from being properly used as free from defect,
- if the goods cannot be used properly due to the recurrence of the defect or defects after repair,
- if he/she cannot use the goods properly because of a large number of defects in the goods.
- The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also in the registered office or place of business. The Consumer may also lodge a complaint with a person designated by the Seller. If the Consumer’s complaint is handled by a person appointed by the Seller, this person may only handle the complaint by handing over the repaired goods, otherwise the complaint shall be forwarded to the Seller for handling. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
- If the Consumer submits a claim, the Seller or his/her authorized employee or designated person is obliged to instruct the Consumer about his rights arising from the defective performance. On the basis of the Consumer’s decision which of the rights arising from the defective performance he/she claims, the Seller or his/her authorized employee or designated person is obliged to determine the method of handling the claim immediately, in complex cases no later than within three working days from the date of the claim, in justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the claim. Once the method of handling the complaint has been determined, the complaint, including the rectification of the defect, must be handled immediately; in justified cases, the complaint may also be handled at a later date. However, the processing of the complaint, including the removal of the defect, must not take longer than 30 days from the date of the complaint. The expiration of this period shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the contract of sale or shall have the right to exchange the goods for new goods. The moment of claim is considered to be the moment when the expression of the Buyer’s will (exercise of the right from the defective performance) occurs to the Seller.
- The Seller shall inform the Buyer in writing of the outcome of the complaint, no later than 30 days from the date of the complaint.
- The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the thing that the thing has a defect or if the Buyer himself/herself caused the defect.
- In the event of a justified claim, the Buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The Buyer has the choice of the method of complaint and its handling if there are several options.
- The rights and obligations of the contracting parties with respect to rights arising from defective performance shall be governed by Sections 499 to 510, 596 to 600 and 619 to 627 of Act No. 40/1964 Coll. Civil Code, as amended, and Act No. 250/2007 Coll., on Consumer Protection, as amended.
- Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Regulations.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer’s customer account or in the order.
IX. Out-of-court dispute resolution
- The Consumer has the right to apply to the Seller for redress if he/she is dissatisfied with the manner in which the Seller has dealt with his/her complaint or if he/she believes that the Seller has violated his/her rights. The Consumer has the right to file a petition for the initiation of an alternative (out-of-court) dispute resolution with an alternative dispute resolution entity if the Seller has responded to the request under the previous sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. This is without prejudice to the consumer’s ability to take legal action.
- The Slovak Trade Inspection Authority is competent for out-of-court settlement of consumer disputes arising from a purchase contract, with its registered office in: Prievozská 32, 827 99 Bratislava, CIN: 17 331 927, who can be contacted for the aforementioned purpose at the Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at email@example.com @soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the purchase contract.
- The European Consumer Centre Slovak Republic, with registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent District Office of the Department of Trade Enterprise. The Slovak Trade Inspection Authority supervises compliance with Act No. 250/2007 Coll. on consumer protection, as amended.
X. Protection of Buyer’s personal data
XI. Final provisions
- All arrangements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the contract of sale contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the Consumer’s rights under generally applicable law.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Act No. 250/2007 Coll. on consumer protection as amended.
- All rights to the Seller’s website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller’s permission.
- The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended use. When using the online shop, the Buyer must not use procedures that could have a negative impact on its operation and must not carry out any activity that could allow him/her or third parties to interfere with or make unauthorised use of the software or other components that make up the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intention.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions. A sample withdrawal form is attached to the terms and conditions.
These terms and conditions come into force on 1 January 2021.