GENERAL TERMS AND CONDITIONS

General terms and conditions

Basic provisions

These General Terms and Conditions (the " Terms and Conditions ") are issued by:

Jessica Šimonfyová

ID No.: 51828138

Tax Identification Number: 51 828 138

VAT: we are not a VAT payer

Registered office: M. R. Štefánika 4188/47, 94002 Nové Zámky, Slovak republic

registered in the Trade Register of the District Office Nové Zámky, Reg. No. 440-38414

Contact information:

email: info@jsimonfyova.com

tel: +421 902 201 943

website: www.jsimonfyova.com

(hereinafter referred to as " Seller ")

These terms and conditions govern the mutual rights and obligations of the Seller and the natural person who enters into a sales contract outside of his/her business as a consumer, or in the course of his/her business activities (the " Buyer ") through a web interface located on a Web site available on the Internet at www.jsimonfyova.com (hereinafter the " Shop ").
The provisions of the general terms and conditions are an integral part of the purchase contract. Derogation arrangement in the contract takes precedence over the provisions of these terms and conditions.
These terms and conditions and the sales contract was concluded in the English language.

II.

Product and price information

Information on the goods, including the prices of individual goods and their main features, are given for individual goods in the online store catalogue. Goods prices are listed without VAT (as we are not a VAT payer), all related fees, and the cost of returning the goods if these goods can not by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
All presentations of the goods placed in the internet shop catalogue are informative and the Seller is not obliged to conclude a purchase contract for these goods.
Information on costs associated with packing and delivery of goods is published in the online store.
Any discounts on the purchase price of the goods can not be combined together, unless the Seller and the Buyer otherwise agree.

III.

Order and the conclusion of the purchase contract

Costs incurred by the Buyer when using distance means of communication in relation to the conclusion of the contract (e.g.: the cost of internet access, the cost of telephone calls), are borne by the Buyer himself. These costs do not differ from the base rate.
The Buyer is ordering the goods in the following ways:

through their customer account, if he/she has previously registered in the online store,
by filling out the order form without registering,

When placing an order, the Buyer selects the goods, number of items, the way of payment and delivery.
Before sending an order, the Buyer has a possibility to check and modify the data he/she has placed in the order. The order is sent by the Buyer to the Seller by clicking on the “Finish order" button. The data listed in the order are deemed to be correct. The condition for the validity of the order is that all the required data in the order form has been filled out and the confirmation by the Buyer that he/she has become acquainted with these terms and conditions.
Immediately upon receipt of the order, the Seller will send to the Buyer an acknowledgment of receipt of the order to the email address that the Buyer entered when ordering. This certificate is automatic and is not considered to be a contract. Attachment to the confirmation are the current general terms and conditions of the Seller. The purchase agreement is concluded only after the order has been accepted by the Seller. Notification of the receipt of the order is sent to the Buyer’s email address.
In the event that any of the requirements specified in the order cannot be met by the Seller, he/she will send a modified offer to the Buyer’s email address. The revised offer is considered a new draft Purchase agreement and the Purchase agreement will then be concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller‘s email address specified in these Terms and Conditions.
All orders accepted by the Seller are binding including the obligation to pay the purchase price. The Buyer may cancel the order until the Buyer receives a notice of acceptance of the order by the Seller. The Buyer may cancel the order by phone on the Seller’s phone number or by email sent to the Seller’s email address, both of which are specified in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller when the price of goods is placed in the online store, or during the ordering, the Seller is not obliged to deliver the goods to the Buyer at such a manifestly erroneous price even if the Buyer has received an automatic confirmation of receipt of the order in accordance with these Terms and conditions. The Seller shall inform the Buyer of the error without undue delay and will sent a revised offer to the Buyer’s email address. The revised offer is considered a new draft Purchase agreement and the Purchase agreement is then concluded by a Buyer Acceptance Receipt at Seller's Email Address.

IV.

Customer account

1. Upon the Buyer‘s registration made in the online store, the Buyer can access his/her customer account. From their customer account, Buyers can order goods. The Buyer can also order the goods without registration.
2. When registering to a customer account and ordering goods, the Buyer is obligated to provide all information correctly and truthfully. With regards to the information provided in the user account the Buyer is under an obligation to update these information upon any change. The details given by the Buyer in the customer account and when ordering the goods are considered correct by the Seller.
3. Access to the customer account is secured by username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not authorized to allow the use of his/her customer account to third parties.
5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account any longer, or if the Buyer violates his obligations under the sales contract and these terms and conditions.
6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.

Payment and delivery of goods

The Buyer may pay the price of the goods and any costs associated with the delivery of goods according to the purchase agreement, in the following ways: -

- cashless card payment,
- cashless transfer to the account of the Seller by means of the payment gateway via PayPal,
- cashless transfer to the account of the Seller via bank transfer.
You can use one of the following accounts to make a bank transfer payment
2941076292/1100
After completing an order you will be sent an email with the necessary payment information, including a variable symbol that you must include when making your paying.
When paying by bank transfer, it is necessary to allow for a longer time (usually 1-3 working days) for the payment to reach our account. For this reason, we recommend making payments online instead.
As soon as the payment is credited to our account, we will start processing your order.
We will send you notifications about the status of your order to the email address you provide.
Together with the purchase price, the Buyer required to pay the Seller the costs of packaging and delivery of goods at the agreed rate. Unless otherwise specified, the purchase price is hereinafter understood as also including the costs associated with the delivery of the goods.
In the case of a cashless payment, the purchase price is payable upon the sending of the order.
In the case of payment through payment gateway the Buyer proceeds according to the instructions of the respective electronic payment provider.
In the case of cashless 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 payments from the Buyer in advance. Payment of the purchase price before sending the goods is not a deposit.
The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order.
The delivery method is chosen during the ordering of the goods.
The cost of delivery of goods, depending on the method of dispatch and receipt of the goods, is stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed upon by a Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, according to the purchase contract, the Buyer is obliged to take over the goods upon delivery. If, for reasons of Buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
Upon receipt of the goods from the transporter, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the Buyer's email address.
The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but at the earliest by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the Buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

VI.

Withdrawal from the contract

A Buyer who has entered into a sales contract outside his/her business as a consumer has a right to withdraw from the contract without giving reason.
The withdrawal period is 14 days

from the date of receipt of goods,
from the date of receipt of the last delivery of the goods, if the subject of the contract is several kinds of goods or the delivery of several parts,
from the date of receipt of the first supply of goods, if the subject of the contract is a regular repeated supply of goods.

The Buyer cannot, inter alia, withdraw from the contract for:

the supply of goods that have been modified according to the wishes of the Buyer, custom orders or goods intended specifically for one Buyer,
the supply of goods that were not on stock and their production has taken place after the receipt of the order,
in other cases, provided for in § 7. 6 of the Act No. 102/2014 Coll. on protection of consumers when selling goods or services on the basis of the distance contract or agreement concluded off-premises vendor, as amended.

To comply with the withdrawal period, the Buyer must submit a withdrawal notice within the withdrawal period.
In order to withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. Withdrawal from the sales contract will be sent by the Buyer to the Seller's email address or mailing address specified in these terms and conditions. The Seller shall acknowledge receipt of the form without undue delay 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 to the Seller. The Buyer bears the cost of returning the goods to the Seller, even if the goods can not be returned by their normal postal route.
If the Buyer withdraws from the contract, the Seller shall return all funds, including the delivery costs received from him, in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall return the received money to the Buyer in a different way only if the Buyer agrees and does not incur any additional costs.
If the Buyer chooses a different than the cheapest way of delivering the goods the Seller offers, the Seller returns the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods to the Buyer or proves that the goods have been dispatched to the Seller.
Goods must return the Buyer to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the Buyer's claim for repayment of the purchase price.
The Seller is entitled to withdraw from the purchase contract due to the out of stock, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the Purchaser.

VII.

Rights from defective performance and warranty

The Seller is liable to the Buyer for the goods to be free from defects. In particular, the Seller is responsible to the Buyer, that at a time when the Buyer took the goods:

the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising they make,
the goods are fit for the purpose which the Seller indicates or to which goods of this type are normally used,
the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
the goods are in the appropriate quantity, degree or weight and
goods comply with legal requirements.

If a defect occurs within six months of receipt of the goods by the Buyer, the goods are deemed to have been defective already at takeover. The Buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover (warranty).
In the event of a defect, the Buyer may submit a complaint to the address of the Seller and request:

In the case of a removable defect:

free repair of the goods,
replacement for new goods,

in the case where the defect cannot be removed:

reasonable discount from the purchase price,
withdrawal from the contract.

The Buyer has a right to withdraw from the contract,

if the goods are defective, they can not be removed and which prevents the matter can be properly used as a thing without defects,
if it can not properly be used for the re-occurrence of the defect or defects after repair.
if you can not properly use the goods for a greater number of non-conforming goods.

The Seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible, possibly also in the registered office or place of business. The consumer may also file a claim with the person designated by the Seller. If the consumer's complaint is handled by a person designated by the Seller, he / she can only handle the complaint by handing over the repaired goods, otherwise he will forward the complaint to the Seller for equipment. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and how the complaint is handled by the Buyer, as well as confirmation of the date and manner of handling the complaint, rejection of the claim.
If the consumer raises a claim, the Seller or his authorized employee or designated person is obliged to instruct the consumer about his rights resulting from defective performance. Upon the consumer's decision on the rights arising from the defective performance, the Seller or his authorized employee or designated person is obliged to determine the manner of settlement of the claim immediately, in complicated cases at the latest within three working days from the date of claim, in justified cases, if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the claim. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be settled immediately, and in justified cases the complaint can be settled later. However, the settlement of the claim, including the removal of the defect, must not exceed 30 days from the date of the claim. A futile expiry of this period is considered a substantial breach of the contract and the Buyer has the right to withdraw from the contract or has the right to exchange goods for new goods. The moment of claiming is considered to be the moment when the Buyer's will (manifestation of the right from defective performance) occurs to the Seller.
The Seller shall inform the Buyer in writing of the outcome of the claim no later than 30 days from the date of the claim.
The right of defective performance of the Buyer does not belong if the Buyer knew before the takeover of the thing that the thing was defective or if the Buyer caused the defect himself.
In the case of a legitimate claim, the Buyer has the right to reimbursement of the expense incurred in connection with the claim. This right may be claimed by the Buyer at the Seller within one month after the expiration of the warranty period.
The choice of the method of complaint and its handling, if there are several options, lies with the Buyer.
The rights and obligations of the parties regarding the rights from defective performance shall be governed by § 499-510, § 596-600 and § 619 to 627 of Act no. 40/1964 Coll. Civil Code, as amended, and Act. 250/2007 Coll., On consumer protection, as amended.
The rights of liability for defective goods and warranty shall not apply, also to cases where the failure or damage arises:

mechanical damage to the goods
demonstrably unauthorized interventions into the device, natural disaster, or mechanical damage,
electrical overvoltages (visibly burnt components or printed circuits), except for normal deviations,
demonstrably misuse,
use contrary to the instructions for use or instructions given on the packaging or in the warranty card of the goods,
use in violation of generally accepted rules of use,
demonstrably by use under conditions which do not correspond to their temperature, dust, humidity, chemical and mechanical effects of the environment, which are directly determined by the manufacturer or which are clearly due to the nature of the matter,
demonstrably unprofessional installation and operation,
if the warranty card presented shows obvious signs of data changes made or if the product has a different serial number from that stated in the warranty card,
to goods sold at a lower price for a defect for which a lower price has been agreed
for the wear and tear of goods caused by its normal use,
for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the time of takeover by the Buyer from the nature of the goods.

The Seller's liability for defects shall and warranty not apply to wear and tear caused by normal use, for goods sold at a lower price for a defect for which the lower price was agreed, for used goods for a defect corresponding to the use or wear that the goods had on receipt.
Gifts that are provided by the Seller to the Buyer free of charge under the Purchase Agreement for other paid goods cannot be covered by a warranty or liability for defects beyond the scope of the law. In the event of withdrawal from the contract, the Buyer is obliged to return the goods, which are provided as a gift in the original condition to the Seller.

VIII.

Delivery

The Contracting Parties may deliver all correspondence in writing via electronic mail.
Buyer delivers the correspondence to the Seller at the email address provided in these terms and conditions. Seller sends the correspondence to the Buyer at the email address listed in his customer account or in the order.

IX.

Out-of-court dispute resolution

The consumer shall have the right to contact the Seller for redress if he is not satisfied with the way in which the Seller has settled his claim or if he considers that the Seller has infringed his rights. The consumer has the right to file an alternative (extrajudicial) dispute resolution with the ADR entity if the Seller has replied to the request under the previous sentence or has not replied to it within 30 days of the date of dispatch. This is without prejudice to the possibility for the consumer to go to court.
The out-of-court settlement of consumer disputes arising from the purchase contract is the competent Slovak Trade Inspection, with its registered office at: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted at the Slovak Trade Inspection, Central Inspectorate, relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or add. @ soi.sk. Internet address:: https://www.soi.sk/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, Internet address: http://esc-sr.sk/ is a contact point according to Regulation (EU) No. Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21 May 2013 2006/2004 and Directive 2009/22 / EC (Regulation on Consumer Dispute Resolution Online).
The Seller is entitled to sell goods on the basis of a trade license. Trade control is performed within the scope of its competence by the relevant District Office of the Trade Licensing Department. The Slovak Trade Inspection also oversees, to a limited extent, compliance with Act no. 250/2007 Z.z. on Consumer Protection as amended.

Final provisions

All arrangements between the Seller and the Buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to the consumer's rights under generally binding legislation.
The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Act no. 250/2007 Z.z. on Consumer Protection as amended.
All rights to the Seller's website, especially the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, are the property of the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the Seller.
All rights to the products, especially the copyright to them, including design, belong to the Seller. It is forbidden to copy, modify or otherwise use the products or their part without the consent of the Seller.
The Seller shall not be liable for any errors resulting from the interference of third parties in the e-shop or its use contrary to its purpose. When using the online store, the Buyer may not use procedures that could adversely affect its operation and shall not engage in any activity that could allow him or third parties to tamper with or misuse the software or other components of the online store and use the online store, or parts or software equipment in a manner that would conflict with its purpose or purpose.
The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not publicly accessible.
The Seller may amend or amend the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations incurred during the term of the previous wording of the Terms and Conditions.
A withdrawal form templated is annexed to these terms and conditions.

These terms and conditions come into force on 02.02.2020.