Terms and Services
General Terms & Conditions
I. General provisions
- These General Terms and Conditions are issued by:
Company name: RDSA s.r.o.
Address: Záhradná 457/16, 091 01 Stropkov
Registration: Trade Registers (in Prešov Pad number 36453/P Division: sro)
ID number: 51 734 575
TAX ID number: 2120773446
Phone: +421 907 493 677, +421 915 563 280
- These business terms and conditions govern the mutual rights and obligations of the seller and persons who enter into a purchase contract outside their business as a consumer or in the course of their business ("buyer") through a web site located on the website available on the website address www.stretchedaesthetics.com (hereinafter referred to as the "Online Store").
- Business terms and conditions are an integral part of the purchase contract. The redemption arrangement in the purchase agreement takes precedence over the provisions of these terms and conditions.
- These Terms of Business and the Purchase Agreement are concluded in the Slovak and English language.
II. Product and price information
- Product information, including the price of individual goods and their main features are listed for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all associated fees and the cost of returning the goods if such goods can not be returned by their usual postal route. Product prices remain in effect for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
- All the presentation of goods placed in the e-commerce catalog is informative and the seller is not obliged to enter into a purchase contract with respect to these goods.
- Information on costs associated with packing and delivery of goods are disclosed in the online store.
- Any discounts on the purchase price of the goods can not be combined with each other if the seller does not agree otherwise with the buyer.
III. Ordering and concluding a purchase contract
- Costs incurred by the buyer in the use of remote means of communication in connection with the conclusion of the purchase contract (costs of the Internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs are not different from the basic rate.
- The Buyer performs the order of goods in the following ways:
- through your customer account, if you have previously registered in an online store,
- filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of pieces of goods, the way of payment and delivery.
- Before sending an order, the buyer is allowed to check and modify the data he has placed in the order. The details given in the order are considered correct by the seller. The condition of the order is to fill in all required data in the order form and confirm the buyer that he has become acquainted with these terms and conditions.
- As soon as the order has been received, the seller will send to the buyer an acknowledgment of receipt of the order to the email address the buyer entered on the order. This acknowledgment is automatic and is not considered to be a contract. Attachment of the acknowledgment is the current business terms of the seller. The purchase contract is closed only after the order has been received by the seller. Notification of receipt of the order is delivered to the buyer's email address.
- If any of the requirements specified in the order can not be met by the seller, the seller will send a modified offer to the buyer email address. The revised offer is considered as a new draft purchase agreement and the purchase contract is then closed by the buyer's confirmation of receipt of the offer to the seller to his email address given in these terms and conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone on the seller's phone number or by e-mail to the seller's email, both listed in these terms and conditions.
- In the case of a clear technical error on the side of the seller when placing the price of the goods in the online store or during the order, the seller is not obliged to deliver the goods to the buyer for this totally obviously erroneous price. The seller will inform the buyer of the error without undue delay and will send to the buyer a modified offer to his / her email address. The changed offer is considered to be a new draft purchase agreement and the purchase contract is then closed by the buyer's receipt to the seller's email address.
IV. Customer account
- Buyers can access their customer account based on the buyer's registration in an online store. From your customer account, the buyer can order the goods. Buyer can also order goods without registration.
- When registering to a customer account and ordering goods, the Buyer is required to provide all data correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and the ordering of the goods are considered by the seller to be correct.
- Access to the customer account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow the use of the customer account for third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for longer time or if the buyer violates his obligations under the purchase agreement and these terms and conditions.
- Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the vendor, necessary maintenance of hardware and software equipment of third parties.
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- cashless transfer to the bank account of the seller:
Bank: Fio banka
- cashless transfer via payment card
- cashless transfer to the seller's account through the payment gateway GoPay
- cashless transfer via Paypal Express Checkout
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packing and delivery of the goods at the contractual amount. Unless otherwise expressly stated hereinabove, the purchase price also includes the cost associated with the delivery of the goods.
- In the case of a cashless payment, the purchase price must be paid on the day of the purchase contract.
- In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
- In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the respective amount is credited to the bank account of the seller.
- The seller does not require from the buyer any advance or other similar payment in advance. Payment of the purchase price before shipment is not a backup.
- According to the Sales Regime Act, the seller is obliged to issue a cash receipt to the buyer. At the same time, it is required to register the received revenue with the tax administrator online, in the event of a technical outage, then within 48 hours at the latest.
- The goods are delivered to the buyer at the address specified by the buyer in the order.
- The method of delivery is chosen during the ordering of the goods.
- The cost of delivering goods depending on the method of dispatch and receipt of the goods is stated in the buyer's order and in the order confirmation to the seller. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and possible additional costs associated with this mode of transport.
- If the seller is required to deliver the goods in the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take delivery of the goods. If, for reasons of buyer's need, the goods are to be delivered repeatedly or in a manner other than that specified 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.
- When the goods are taken over by the carrier, 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 package indicating unauthorized entry into the consignment, the buyer is not required to take over the consignment from the carrier.
- The seller shall issue to the buyer an invoice. The invoice is attached to the delivered goods.
- The buyer acquires ownership of the goods by payment of the entire purchase price for the goods, including the delivery cost, but first by taking over the goods. Responsibility for accidental loss, damage or destruction of goods occurs 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 contravention of the purchase contract.
1. A buyer who has concluded a contract of sale outside his business as a consumer has the right to withdraw from the purchase contract without giving any reason.
2. The withdrawal period shall be 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
- from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.
- the provision of services if they have been honored with his prior explicit consent before the expiry of the withdrawal period and the seller has informed the buyer, before the contract is concluded, that he does not have the right to withdraw from the contract and the service has been fully supplied,
- the supply of goods or services which price depends on financial market fluctuations, irrespective of the seller's wish and which may occur during the withdrawal period,
- the supply of goods which has been modified according to the buyer's wish, custom-made goods or goods specifically intended for one buyer,
- the delivery of goods in a sealed envelope which is unsuitable for health or hygiene reasons and whose protective packaging has been damaged after delivery,
- in the other cases mentioned in § 7 par. 6 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 in the wording of the worsening regulations.
- In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal. Buyer will bear the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal delivery.
7. If the buyer withdraws from the contract, the seller shall return all the funds immediately, but not later than within 14 days of withdrawal, including delivery costs, received by him in the same manner. The seller will only return the money received to the buyer in another way if the buyer agrees and does not incur any additional costs.
8. If the buyer opts for the non-cheapest way of delivering the goods which the seller offers, he will return to the buyer the cost of delivering the goods at the rate corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer handles the goods or shows that he has sent the goods to the seller.
10. The goods must return the buyer to the seller undamaged, unopened and unpurified and, if possible, in the original packaging. The right to compensation for damages incurred on the goods is the seller entitled to unilaterally offset against the buyer's claim for repayment of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of the goods, unavailability of the goods or when the manufacturer, importer or supplier of the goods interrupted the production or import of the goods. The seller immediately informs the buyer via the email address stated in the order and returns all funds, including delivery costs, received by him under the contract, in the same manner or in the manner specified by the buyer, within 14 days of the notice of withdrawal from the purchase contract.
VII. Rights from unsatisfactory performance
- The seller is responsible that the goods have no defects when taken over by the buyer. In particular, the seller is responsible at the time the buyer took over the goods:
- the goods have properties negotiated by the sides, and if there is a lack of negotiation, it has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods,
- the goods are fit for the purpose for which they are used or to which goods of this type are normally used,
- the goods correspond to the quality of the agreed sample,
- the goods are in the appropriate quantity or weight,
- the goods comply with legal requirements.
- If the defect occurs within six months of receipt of the goods by the buyer, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the rights to a defect that occurs on consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the reduced price was agreed, for wear and tear of the goods caused by its normal use, for used goods for a defect corresponding to the rate of use or wear and tear the goods had at the buyer's receipt, from the nature of the goods.
- In the event of a defect, the buyer may submit a claim to the seller and require:
- if it is a defect that can be removed:
- free removal of defects of goods,
- exchange of goods for new goods,
- if it is a defect that can not be removed:
- an appropriate discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a defect that can not be removed and which prevents the thing from being properly used as a thing without a defect,
- If the goods can not be properly used for repeated defects or defects after repair,
- if he can not use the proper goods for a large number of goods.
- The seller is obliged to accept a claim at any establishment where the claim is accepted, or at the place of business or place of business. The seller is required to provide the buyer with a written confirmation of when the buyer has exercised the right, the content of the claim and the way the complaint is claimed, as well as a confirmation of the date and method of claiming the claim, including the confirmation of the repair and the duration of the repair or rejection of the claim.
- If the consumer makes a claim, the seller is obliged to instruct the consumer about his rights arising from unsatisfactory performance. On the basis of a consumer's decision that claims arising from unsatisfactory performance are exercised, the seller is required to determine how the claim will be rectified immediately, in complex cases no later than three working days after the date of the claim, in justified cases, if a complex technical assessment of the condition of the goods is required, no later than 30 days after the date of application of the complaint. After determining the way the complaint is handled, the complaint, including the removal of the defect, must be rectified immediately, in justified cases the complaint may be reclaimed later. However, the complaint handling, including the removal of a defect, may not take longer than 30 days from the date of the claim. A slight expiration of this period is considered a substantial breach of contract and the buyer has the right to withdraw from the sales contract or has the right to exchange goods for new goods. The moment when the claim is made is the moment when the buyer's will (representation of the right of unsatisfactory performance) occurs to the seller.
- The Seller shall inform the Buyer in writing of the outcome of the claim, no later than 30 days after the date of the claim.
- The right of unsatisfactory performance of the buyer is not the case 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 event of a legitimate claim, the buyer is entitled to a refund 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.
- Choosing the way of claiming and its equipment, if there are several options, can the buyer.
- The rights and obligations of the sides regarding the rights of unsatisfactory performance are governed by Sections 499 to 510, Sections 596 to 600, and Sections 619 to 627 of Act No. 40/1964 Coll. The Civil Code as amended and the Act no. 250/2007 Coll., On Consumer Protection, as amended.
- The parties may dispatch all written correspondence by electronic mail.
- The Buyer shall deliver the Seller's correspondence to the email address given in these Terms and Conditions. The seller delivers to the buyer the correspondence to the email address given in his customer account or in the order.
- The consumer has the right to contact the seller with a request for redress if he is not satisfied with the seller's handling of his claim or if he believes that the seller has breached his rights. The consumer has the right to make an alternative (extrajudicial) dispute settlement to an ADR entity if the seller has replied to or refused a response within 30 days from the date of dispatch. This is without prejudice to the consumer's ability to apply to the court.
- The out-of-court settlement of consumer disputes under the purchase contract is the relevant Slovak Trade Inspection, with the registered office: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted for this purpose at the address of the Slovak Trade Inspection, Central Inspectorate, relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at firstname.lastname@example.org or adr. @ 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 seller and buyer from a purchase contract.
- European Consumer Center Slovak Republic, based in Mlynské nivy 44 / a, 827 15 Bratislava, Internet address: http://esc-sr.sk/ is a contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on consumer dispute resolution online and on amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC (Regulation on Consumer Dispute Resolution online).
- The seller is authorized to sell the goods on the basis of a trade license. The Trade Inspection carries out within its competence the relevant District Office of the Trade Licensing Branch. The Slovak Trade Inspection carries out, inter alia, the supervision of the observance of Act no. 250/2007 Z.z. on consumer protection in the wording of the WFD.
- All arrangements between the seller and the buyer are governed by the law 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 does not affect 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, in particular the copyright of the content, including the layout of pages, 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 its part without the Seller's consent.
- The Seller shall not be liable for any errors resulting from third-party interference to the Internet Store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may have a negative impact on their operation and may not engage in any activity that could allow them or third parties to tamper with or misuse software or other components of the online business and use the Internet shop or its parts or software in a way that would be contrary to its purpose.
- The purchase contract, including business conditions, is archived by the seller in electronic form and is not publicly available.
- The sales terms may be amended or changed by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- If you wish to withdraw from the contract, please fill out this form and return it to us.
These business terms and conditions will become effective on the day 30.11.2018.