1. General provisions
1.1 These general terms and conditions (hereinafter referred to as "terms and conditions") regulate the rights and obligations of the contracting parties resulting from the purchase contract concluded between the seller, which is the company UniLady, s.r.o., with its registered office at Bakossova 14464/3D, 974 01 Banská Bystrica ID: 55 168 990, registered in the OR led by the District Court of Bánská Bystrica, Department: Sro, Insert No.: 45605 / S and to the buyer, the subject of which is the purchase and sale of goods from the website offer of one of Unilady's electronic stores. sk (hereinafter referred to as the "shop") operated by the seller.
1.2 The contracting parties have agreed that the buyer, by sending an electronic order to the seller, confirms that he agrees that these general terms and conditions and their terms and provisions will apply to all purchase contracts concluded on any the e-commerce website operated by the seller, on the basis of which the seller will deliver the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relationships between the seller and the buyer, arising in particular when concluding a purchase contract and claiming goods and that it was with fully familiar with them.
1.3 Buyer means a natural person over the age of 16, or a legal entity that has sent an electronic order processed by the business system of UniLady, s.r.o. after its own authorization.
Consumer means a person who, when concluding and fulfilling a consumer contract, does not act within the scope of his commercial or other business activity.
1.4 Goods are understood to be all products or services that are available in stores operated by UniLady, s.r.o. for purchase through the business system of UniLady, s.r.o. Goods made according to the buyer's special requirements are goods that were specially ordered from the seller's supplier for a specific buyer based on the specification given by the buyer and for which a financial advance was requested by the seller. The service means the provision of support – technical, consulting, expert.
1.5 Electronic order means a sent electronic form, containing information about the buyer, a list of ordered goods from the store offer and the price of these goods, processed by the business system of UniLady, s.r.o. and also an e-mail sent to the seller's address. The order is the buyer's proposal to conclude a purchase contract with the seller and is considered binding (hereinafter referred to as the "order").
2. Conclusion of the purchase contract
2.1 The purchase contract is concluded by binding acceptance of the proposal for the conclusion of the contract by the seller, which takes place by phone or email confirmation of the electronic order after the previous acceptance of the order and after verification of the availability and delivery date of the goods requested by the buyer, marked as "order confirmation". The automatically executed notification of the acceptance of the order into the electronic system of the seller is not considered binding acceptance of the order. The conclusion of the purchase contract creates a binding legal relationship between the seller and the buyer.
2.2 In the case of an order for goods made according to the buyer's special requirements, the seller can request a deposit from the buyer in the agreed amount. By providing a deposit, the buyer gives irrevocable consent to the operator that the goods for which the deposit was provided fall within the range of goods defined in § 12 par. 5 of Act no. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales, as amended, and therefore the buyer cannot withdraw from the concluded contract. The buyer undertakes to pay the operator a contractual penalty in the amount of the provided deposit for unjustified non-acceptance of goods made according to the buyer's special requirements. By paying the contractual penalty, the buyer is not released from the obligation to pay the purchase price in full. The seller can request a financial advance in the agreed amount even in the case of an order for goods that are made to order. Such goods (unless they are made according to the special requirements of the buyer) do not fall within the range of goods defined in § 12 par. 5 of Act no. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales, as amended, and thus the buyer may withdraw from the concluded contract.
2.3 The buyer has the right to cancel the order without charge before concluding the purchase contract. The order can be canceled by phone or e-mail. Confirmation of order cancellation will be notified by the seller to the buyer by e-mail.
3. Withdrawal from the purchase contract
3.1 The consumer is entitled to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods in accordance with section § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter "Consumer Protection Act on Mail Order Sales").
3.2 At the same time as withdrawing from the purchase contract, it is possible to deliver the goods to the seller together with the accessories in the original packaging. The cost of returning the goods is borne by the buyer himself, who is obliged to send the undamaged goods to the company's address. The seller does not accept returned goods through the cash on delivery service.
3.3 In the event that the buyer withdraws from the contract and delivers goods to the seller that are not used, and are not damaged or incomplete, the seller will return to the buyer the already paid purchase price for the goods specified in the binding acceptance of the order or part thereof within 14 working days from the delivery of the withdrawal from the purchase contract and the delivery of the goods to the seller by cashless transfer to the buyer's account designated by the buyer.
3.4 In the event that the buyer withdraws from the contract and delivers goods to the seller that are used and damaged or incomplete, the seller will return to the buyer the aliquot value of the purchase price already paid.
3.5 In the case of a valid withdrawal from the contract, the seller will return to the buyer the purchase price, including the costs incurred by the buyer in connection with ordering the goods, if the buyer together with the goods submits to the seller the written documents that the buyer incurred in connection with the order goods. The buyer bears the costs of returning the goods only if the goods did not fully meet the quality requirements and were defective at the same time. Goods of the same or similar characteristics as those listed in the goods offer on the seller's website are considered to fully meet the quality requirements.
3.6 The costs incurred by the buyer in connection with ordering the goods are considered to be the costs of making the order, in particular the price for making a telephone call, with which the buyer made a proposal to conclude a purchase contract, or the price for connecting the buyer to the seller's website, during which the buyer filled out and sent the form for ordering goods on the website or wrote and sent an e-mail ordering goods within 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 has stopped production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the purchase contract or for reasons of force majeure. The seller is obliged to immediately inform the buyer about this fact and to return to him the deposit already paid for the goods agreed in the purchase contract.
3.8 The consumer can exercise the right to withdraw from the contract according to § 7 par. 1 with the seller in paper form or electronically by filling out the notice of withdrawal from the contract according to the attachment (http://unilady.sk/media/dokumenty/reklamacny_formular.pdf) in which the text (you can adjust the format, however, the law clearly imposes the obligation to publish the withdrawal form from the contract in which the following must be stated):
The seller adds his name, surname and address of the place of business, if it is a natural person who is an entrepreneur, business name and registered office or place of business, if it is a legal entity, or fax number and e-mail address]:
I hereby announce/we announce* that I/we are withdrawing* from the contract for these goods* : ..............
Date of order/date of receipt* ..............
– Name and surname of the consumer/consumers* ..............
– Address of the consumer/consumers* ..............
– Signature of the consumer/consumers* (only if this form is submitted in paper form) ..............
– Date ..............
4. Delivery conditions
4.1 The place of delivery of the goods is the postal address specified in the electronic order by the buyer, unless the contracting parties agree otherwise in the purchase contract. The place of delivery of the goods can also be the seller's collection point, if the buyer chooses this option in the electronic order. The goods will be delivered by the seller within 60 days at the latest using the services of third parties (courier services hereinafter referred to as the "carrier"), or by the seller's own means or based on an agreement with the buyer, the goods will be ready for collection at the pre-agreed date within 60 days at the latest.
4.2 The buyer is obliged to take over the goods at the place specified in the purchase contract. After 14 days have passed since the day when the buyer was obliged 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 deposit for the agreed goods paid by the buyer will be counted in the full amount towards the contractual penalty, which the buyer is obliged to pay to the seller.
Order over EUR 89.00 - FREE shipping
Order under EUR 89.00 PACKETA - price EUR 5.90
Order under EUR 89.00 COURIER - price EUR 6.90
All prices in our store are contractual, include VAT and are final.
Orders are processed immediately if the goods are in stock. If the goods were not distributed due to lack of stock, they will be distributed immediately after their delivery to the warehouse.
4.3 The seller shall deliver to the buyer, together with the goods in written or electronic form at the latest, all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the national language, warranty certificate, delivery note, tax document).
5. Acquisition of ownership and passing of the risk of damage to the goods
5.1 Ownership of the goods passes to the buyer upon delivery of the goods subject to the suspensive condition of payment of the purchase amount in full. Until the transfer of ownership rights from the seller to the buyer, who is in possession of the products and services, the buyer has all the obligations of a custodian and is obliged to store the products and services safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.
5.2 The risk of damage to the goods passes to the buyer at the time when the goods are taken over by the buyer or his representative or when he does not do so in time, then in time when the seller allows him to handle the goods and the buyer does not take over the goods.
6. Rights and obligations of the buyer, rights and obligations of the seller
6.1 The buyer is obliged to:
· take over the purchased or ordered goods,
· pay the seller the agreed purchase price within the agreed due date, including the costs of delivery of the goods,
· not damage the good business name of the seller,
· confirm in the delivery note acceptance of the goods with his signature or the signature of a person authorized by him.
The buyer has the right to:
· for the delivery of goods in the quantity, quality, date and place agreed by the contracting parties in the binding acceptance of the order.
6.2 The seller is obliged to:
· on the basis of the order confirmed by the seller to deliver the goods to the buyer in the agreed quantity, quality and date and pack them or prepare them for transport in a manner necessary for their preservation and protection,
· ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic,
· hand over to the buyer, together with the goods, in written or electronic form at the latest, all the documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the Slovak language, warranty card, delivery note, tax document).
The seller has the right to:
· for 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 list valid at the time of the conclusion of the purchase contract (hereinafter referred to as the "purchase price").
7.2 The purchase price listed on the website www.unilady.sk operated by the seller applies exclusively to purchases through the business system of UniLady, s.r.o. The price does not include transportation, advisory or consulting services or any other costs, unless it is stated in the description of the goods on the website of one of the electronic stores.
7.3 The buyer is obliged to pay the seller the purchase price, including the costs of delivery of the goods in the form of cash payment at the point of collection, cash on delivery at the place of delivery of the goods, cash on delivery through a company providing postal services or by cashless transfer to the seller's account specified in binding acceptance of the order.
7.4 If the buyer pays the seller the purchase price by non-cash transfer, the date 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 period according to the purchase contract, but at the latest upon taking over the goods. In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand the return of the purchase price only in accordance with the applicable 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 the order is created.
7.6 The buyer makes the payment in EUR, unless otherwise stipulated by mutual agreement, in one of the following ways:
· Before taking over the goods (by bank transfer/account deposit or postal order). The seller will reserve the goods for the buyer for a maximum of 3 working days from the day of receipt of the order. If payment is not made within 3 working days, the seller has the right, after notifying the buyer, to withdraw from the purchase contract.
7.7 Special prices are valid until either stocks are sold out or for the duration of the period indicated for the discounted price.
8. Warranty and complaint conditions
8.1 The warranty period for the performance of consumer contracts (Act No. 40/1964 Coll. Civil Code as amended) is set at a minimum of 24 months from the date of conclusion of the purchase contract, unless it is set for specific cases the warranty period is different, or limited from above by the use-by date of the goods and runs from the day of receipt of the goods and confirmation of the necessary documents related to the goods by an authorized person. The warranty period is extended by the time during which the buyer could not use the goods due to the warranty repair of the goods. The authorized person is understood as the buyer or the person authorized by the buyer in case of his absence to take over the goods specified in the purchase contract.
8.2 The valid complaint conditions apply to handling complaints. These complaint conditions apply to goods purchased by the buyer from the seller through the websites of electronic stores operated by the seller. Complaints are processed according to the applicable legal regulations of the Slovak Republic. By sending the order to the seller, the buyer confirms that he was properly informed about the conditions and method of claiming the goods, including information on where the claim can be made and on the performance of warranty repairs in accordance with the § 18 par. 1 of Act No. 250/2007 Z . from. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on violations of the provisions of later regulations (hereinafter referred to as "the Act").
8.3 The complaint conditions in this form are valid for all business cases, unless other complaint conditions have been contractually negotiated.
8.4 The buyer has the right to claim the seller's warranty only for goods that show defects caused by the manufacturer, supplier or seller, are covered by the warranty or purchased from the seller. The buyer is obliged to submit a claim to the seller in accordance with the valid claims procedure without unnecessary delay, otherwise the buyer's right against the seller to remove the defect free of charge expires.
8.5 The buyer does not have the right to apply the warranty for defects of which the seller was informed at the time of the conclusion of the contract, or of which, taking into account the circumstances under which the purchase contract was concluded, he must have known.
8.6 The buyer is obliged to inspect the goods upon receipt of the goods. If he does not do so, he can make claims from defects found during this inspection, only if he proves that the goods already had these defects in time for taking over the goods.
8.7 The seller is responsible for product defects. If the goods show defects, the customer has the right to file a claim with the seller in accordance with § 18 par. 2 of the Act by sending it electronically by e-mail. The buyer is obliged to indicate exactly the type and extent of defects in the goods in the form. The complaint procedure for goods that can objectively be delivered to the seller begins on the day when all the following conditions are met:
a) delivery of the completed complaint form from the buyer to the seller,
b) delivery of the claimed goods from the buyer to the seller
The complaint procedure for goods that cannot objectively be delivered to the seller and that are firmly embedded begins on, when all the following conditions are met:
a) delivery of the filled-in complaint form from the buyer to the seller,
b) inspection of the claimed goods by a third party appointed by the seller, who will issue a written confirmation to the buyer after the inspection
The beginning of the complaint procedure is also the day of application of the complaint. The claimed goods must be delivered to the seller's postal address, unless the seller specifies otherwise (e.g. deliver the goods directly to the service center). On the day of receipt of the complaint, the seller shall issue to the buyer a document of receipt of the complaint of the goods in a suitable form chosen by the seller, e.g. in the form of e-mail or in writing, in which he is obliged to accurately indicate the defects of the goods in accordance with section § 18 par. 5 of the Act.
8.8 The seller is obliged to accept the complaint at the designated place, which is the postal address and establishment in accordance with section § 18 par. 2 of the Act during the entire operating time, or after a written or oral agreement with the buyer also outside of operating hours. In the place designated for receiving complaints, the seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with section § 18 par. 3 of the Act
8.9 The seller handles the goods complaint immediately, in more complex cases within 3 days from the start of the complaint procedure. This deadline does not include the time required for expert assessment of the defect. However, the handling of the claim must not take longer than 30 days.
8.10 The seller will notify the buyer of the result of handling the claim within the statutory period in writing (by email, post). All valid warranty repairs are free of charge. In the event that the seller or a third party servicing the goods decides that the claim is not justified, the seller will send the goods at his own expense to an expert, authorized, notified or accredited person for expert assessment.
8.11 The buyer's right to use the warranty with the seller expires:
a) upon expiration of the warranty period for the goods,
8.12 The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:
In the case of a defect that can be removed:
a) by handing over the repaired goods (removal of the defect),
b) by exchanging for the same new goods.
If it is a defect that cannot be removed, or one removable defect that has been repeated several times, or a larger number of different removable defects that prevent the goods from being properly used as without defects, the seller will process the claim:
c) by returning the full purchase price of the goods,
d) by exchanging the goods for other functional goods with the same or better technical parameters,
e) by paying an appropriate discount on the price of the goods, after the consent of the buyer.
The complaint procedure is also considered terminated in the following ways:
e) a written request for the seller to take over the specified performance,
f) a reasoned rejection of the goods complaint.
9. The possibility of resolving consumer disputes through the online European platform RSO
9.1 You can assert any of your rights and claims against us also within the framework of an alternative online resolved dispute. Online dispute resolution is provided by the European Commission and the Slovak contact point for online dispute resolution (RSO). In the same way, our claims against you can be asserted through the European platform. Using alternative dispute resolution saves money and time, as your complaint will be resolved within 90 days and without significant financial expenses. In case of any problems, please contact us through our email address. You can file a complaint through the Online Dispute Resolution (RSO) platform at http://ec.europa.eu/consumers/odr/index_en.htm
10. Personal data and privacy
10.1 In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") and by implementing measures to ensure the seller's compliance with GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the protection of personal data and on amendments and additions to certain laws, decrees of the Office for the Protection of Personal Data of the Slovak Republic), customers can find the general information obligation regarding the protection of personal data on the page https://unilady.sk/vyhlasenie-o-spracovani-a-ochrane -personal-data.html
11. Final and transitional provisions
11.1 These general terms and conditions apply as stated on the website of the operator on the day of sending the electronic order, unless otherwise expressly agreed between the contracting parties. The seller reserves the right to change these general terms and conditions. The obligation to notify in writing of changes in these general terms and conditions is fulfilled by placing them on the website of the seller's electronic stores.
11.2 By sending an electronic order, the buyer unreservedly accepts all provisions of the "General Terms and Conditions" in the version valid on the day the order is sent. The buyer declares that he has familiarized himself with these general terms and conditions before completing the order and that he fully agrees with them. Regardless of the other provisions of the contract, the seller is not liable to the buyer for lost profit, loss of opportunity or any other indirect or consequential losses due to negligence, breach of contract or incurred in any other way. In the event that some provisions of these conditions are proved by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision remain unaffected.
11.3 The relevant provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended and Act no. 108/2000 Coll. on consumer protection in door-to-door sales and mail-order sales, as amended, Act no. 22/2004 Coll. on electronic commerce as amended, or by other laws of the Slovak legal order.
11.4 The seller and the buyer agree that they fully recognize the electronic form of communication, especially via electronic mail and the Internet, as valid and binding for both parties.
11.5 These general terms and conditions become effective against the buyer upon conclusion of the purchase contract.