General Terms and Conditions
1. General provisions
Present General Terms and Conditions define the general terms of an agreement between the contracting parties. Ferenc Cseri RUSTIC-FANTASY (hereinafter: ’Seller’) is an individual enterpreneur registered in District Office in Velky Krtis under the number 660-9586, ICO 37824457, who is the operator of webpage and online store www.intarzi.com (hereinafter: ’e-shop’). Seller’s seat address is 99109 Koláre 154, Slovak Republic. Customer is a consumer or an enterpreneur (hereinafter: ’Customer’). Consumer is a person, who does not act within the framework of his own business or any other business when singing the sales contract.
If the present Terms and Conditions does not regulate some parts of the legal relationship between Seller and Customer, the operative Act No. 40/1964 Zb on the Civil Code of Slovak Republic and other applicable laws are normative.
- a person registered in trade register
- a person, who acts as an individual enterpreneur
- a person, who enterprises according to specific rules contrary to individual proprietorship
- a person - who is qualified as an agrarian primary producer - registered based on a special legislation
- a person, who acts according to the abovementioned in his enterpreneurship.
If the customer denotes his registration number (cg or individual enterpreneur’s certificate number), he takes cognizance that the rules set out in the present Terms and Conditions apply to him.
If the present Terms and Conditions does regulate neither the legal relationship between the Seller and the enterpreneur Customer nor the contract between the Seller and Customer, the operative Act No. 513/1991 on the Slovak Commercial Code and the applicable laws are normative.
With sending his order Customer verifies the followings: he is aware of the present Terms and Conditions, process of filing a complaint, agreed delivery method, conditions of ordered service and/or product, furthermore, he agrees to the above points’ operative condition at the time of order.
The Customer takes cognizance (unless the parties have agreed otherwise in the specific case) that with purchasing Seller’s products the Customer does not gain any right to use Seller’s or other companies’ trademarks, trade names, corporate logos and patents.
2. Sales contract
Signing of the sales contract:
If Customer is considered as a consumer, the uploaded products on the Seller’s website are considered as a contract offer. Sales contract comes into being when the order is sent by the Customer and accepted by the Seller. Seller fortwith verifies the fact of order acceptance by email or telephone, however this verification does not have an impact on contract signing. The signed contract (together with the negotiated price) can be modified or terminated only by parties’ mutual agreement or reasons specified by law. Exceptional cases are listed in section 5.
If Customer is considered as an enterpreneur, the sales contract comes into being when the order – which is considered as a sales contract offer – is sent by the enterpreneur Customer and this offer is accepted by the enterpreneur Seller. Seller is not responsible for the possible mistakes arise from data transfer. Contract is written in Slovak language.
Required technical steps for contract signing are univocal, as they are clearly explained in the present Terms and Conditions. Customer has the opportunity to check or correct the order before sending it. Terms and Conditions are available on the Seller’s website.
To complete the order, charges of the needed telecommunication devices (telephone, internet, etc) are at normal rate, depending on the charges of services used by the Customer.
If Customer/consumer orders a service, he gives consent to provide him the ordered services within withdrawal period specified in law.
Delivery of goods:
With sales contract Seller is committed to hand over the contracted product to Customer and at the same time enables to acquire proprietary rights over products. Customer is committed to take over the goods and pay the full, previously agreed purchase price for Seller.
Seller as long as remains the rightful owner of the goods until Customer does not pay the full, previously agreed purchise price – after that ownership will be transferred. This formula also applies to purchasing services. Seller hands over the product with the related documents and enables Customer to acquire proprietary rights in accordance with the contract. Seller accomplish his liability when enables Consumer to dispose of the goods at the settling place and time and Consumer informs him about it.
If Customer is a consumer, the purchased goods’ delivery is realized by shipper.
Seller delivers the object of the sales contract to the Customer in previously agreed quantity, quality and packing.
Enterpreneur Customer gives consent to not to receive the instruction manual in Slovak language about purchased goods.
Seller wraps up goods habitually or in a previously agreed way in order to protect products and preserving their quality. Seller maintains goods in the same manner in case of shipping.
3. Data protection and security
Seller claims that all personal data provided by the customer is confidential and exclusively will be used for contract accomplishment. Furthermore, personal data is not going to be published or transferred to a third party, except for cases connected to ordering goods – such as distribution and payment-related situations (name, bank account number, shipping address). Seller pays attention to Customer’s rights, mainly in preservation of human dignity and in protection against unauthorized interference in Customer’s private sphere. Customer has the right to access and amend his data and is entitled to rights connecting with personal data.
During a complaints procedure Customer have to provide the following data: first name, last name, telephone number, e-mail address, signature/electronic signature. All data obtained in this manner may only be used for complaint handling procedure in accordance with Act No. 122/2013 on the Protection of Personal Data.
In case of approval Seller may process ’cookies’ in order to ease providing services, in accordance with Data Protection Directive 95/46/EC about protecting individuals and their personal data. Customer must be informed about stored and utilized information. Customer has the opportunity to place on his computer cookies and similar devices, eg. by allowing anonymous search function in his browser.
To prevent crime or minimize damage Seller reserves the right to reject an order received from a blocked IP address in that case if the affected IP address is on blacklist. In case of any problem Customer can liaise with Seller by telephone or using a data sheet.
Customer contributes to personal data processing, processing conditions and data organizing.
All prices are contractual prices. Prices displayed in online shop are always timous and valid. They are also final prices – contain VAT and possibly other taxes and fees, which the consumer should pay at goods’ acquisition. It does not apply to possibly shipping and other expanses, which are displayed in basket and their quantity depends on Customer’s choice. Original prices (= prices without possibly discounts, marketing campaigns) of products/services are displayed in e-shop. Special, discounted prices are available in defined quantity while stocks last or for a definite period of time.
5. Purchase order
Customer receives goods at prices valid at the time of order. He has the opportunity to get acquainted with the total purchase price including VAT and other fees before order finalization.
Customer takes cognizance that in some cases the signed contract does not come into being – reason can be eg. incorrectly indicated prices because of the malfunction of IT systems. In such cases Seller informs the Customer.
Seller reserves the right to consider the sales contract as invalid in the following cases: misuse of personal data, credit card faud, polity or judicial body’s intervention. In such cases Seller informs the Customer. Customer takes cognizance that in the above mentioned cases the sales contract cannot be validly signed.
6. Withdrawal from the contract
Withdrawal from the contract by consumer Customer:
In accordance with Act on Consumer Protection 7§, Customer has the right to withdraw from contracts about selling goods or providing services created outside of Seller’s premises or distance contracts without justification, within 14 calendar days upon receipt of goods/signed contract about providing services. Along with this it is indispensable to deliver the letter about Customer’s withdrawal to Seller in a given time. Customer has this right also in the case if he personally received the online ordered goods from Seller at the delivery place.
Customer have to return goods in its entirety with complete documentation (if it was handed over), whole, cleanly and in its original packaging (inasmuch it was handed over in this way), in original condition and value. In case goods are insufficient or damaged Seller can claim to corresponding amount of depreciation from the Customer (in accordance with Act on Consumer Protection 10§, paragraph 4 – contracts about selling goods or providing services created outside of Seller’s premises or distance contracts).
The amount due to the returned goods has to be returned to Customer at latest within 14 days from receiving intelligence of sales contract withdrawal.
Unless the parties expressly agreed on contract withdrawal, the consumer can not withdraw from:
a.) contracts to sell goods or provide services which prices depends on financial market fluctuations and which can not be influenced by the Seller.
b.) contracts to sell goods which are: made based on individual demands/tailor-made/expressly specified for one consumer
c.) contracts to sell goods which are exposed to rapid deterioration or decrease in product quality
d.) contracts to sell goods which (are): packed in protective wrapping/not suitable for returning due to health safety or hygiene reasons/protective wrapping has become damaged after handover
e.) contracts to sell goods which are wrapped together with other products and are inseparable by its nature
f.) contracts to provide services which providing (with consumer’s approval) has already begun and the consumer declares he was properly informed that with this contribution he is going to lose his right to withdraw from the contract after the provision of full service
g.) contracts for carrying out urgent repairs and maintenance which were ordered by the consumer. This does not apply to contracts related to services and to contracts, which ordered products differ from spare parts used for repairing and maintenance (and also the consumer did not order those goods/services).
If the customer decides to withdraw from contact in given time, for faster administration it is recommended to do the followings: send back the products together with a cover letter to the Seller’s address, indicate the cause of withdrawal (optional), provide number of purchase receipt and bank account number and along with this signify whether the amount should be repaid in cash or it should be used during next purchase.
Customer acknowledges the fact that if he receives a gift together with the product, in case of withdrawal from the sales contract the gift agreement also loses its validity and the Customer is liable to regive the gift together with goods. If gifts are not returned, it is qualified as unjust enrichment. In case of gift agreement withdrawal the sales contract remains valid – in this regard the contracts can be interpreted separately.
If the above described conditions are realized, Customer has the right to reobtain the previously paid amount, which have to be refunded at latest within 14 days after withdrawal. If the bank account number is not indicated, the amount automatically will be available to purchase goods within the same time or by showing the original credit invoice will be paid in cash (unconventionally, after closing the withdrawal, the invoice will be send back to the Customer).
Withdrawal from the contract by enterpreneur Customer:
If Customer is an enterpreneur, the withdrawal from the sales contract can be offered to him in conjunction with the condition, warranty and current prices of returned goods. Condition of the goods is judged by Seller. In case the conditions are not acceptable to both parties, Seller returns goods on his own costs. He also has the right to invoice any further additional costs.
During filling in the credit invoice ID card can be requested due to protection of Customer’s proprietary. With showing ID card Customer gives a permission to precess his personal data as described in chapter 3 (in accordance with Act No. 122/2013 on the Protection of Personal Data.)
In case Customer is a legal person and together with the credit invoice he reqests to refund his money directly at the point of sale, the amount will be paid only to a person, who is authorized to act on behalf of the legal person – namely a decision-making body or a person who proves himself with certified authorization. These actions are made to protect Customer’s rights.
7. Terms of payment
The conversion between currencies is not only influenced by the exchange rate, hence Customer pays the value of goods in the shipping country’s currency.
Seller accepts the following payment options:
- cash on delivery up to 5000 EUR at the delivery point
- credit card payment (by credit card, online payment)
- based on invoice with payment deadline (in case of fulfilling necessary conditions for lending)
- bank transfer
- on receipt through payment terminal at the delivery point (by credit card)
- cash on delivery on receipt (cash is taken over by the carrier)
- installments (in case of fulfilling necessary conditions of the company providing installment payment)
Seller as long as remains the rightful owner of the goods until Customer does not pay the full purchise price and receipts the product – after that ownership and risk of damage passes to Customer.
After sending the order it is not possible to modify retroactively the Customer’s billing information.
8. Terms of delivery
Goods may only be taken over by Customer. He must be a person who can properly identify himself with a valid ID card or passport.
Sending with delivery service:
Goods also can be sent to Customer with delivery service. This requires sending the order and invoicing it until 24:00 hour. Calculation of shipping expenses happens on the day of order as per current price list.
All of the delivery options with conditions are listed ont he Seller’s website.
Enterpreneur Customer have to check the condition of package on receipt together with the carrier, by virtue of bill of delivery. Customer has the right to refuse the shipment if it differs from the contracted product (eg. deficient, damaged). If the Customer takes over the deficient package from the carrier, the inaccuracy should be marked in the delivery and acceptance protocol.
If the package is deficient or damaged, Seller must be informed immediately in writing or by phone, carrier have to write protocol of assessment of damages and the Customer have to send it by email or post to the Seller.
Conditions of warranty
Conditions of warranty are defined by normative laws of Slovak Republic. Purchase certificate acts as a warranty card. Based on Act No. 40/1964 Zb on the Civil Code of Slovak Republic the warranty of exotic/domestic wood types is 24 months. Warranty applies to lifetime of wood which means wood does not fall apart, during indoor usage remains hard and usable. Warranty does not apply to inaccuracies caused during improper assemblage, such as bending, inflection, crack of interior wood. Furthermore, warranty also does not apply to alterations in interior wood caused by Customer’s improper storage. Customer shall overhaul the goods upon receipt and if hidden inaccuracies are detected, he is obliged to replace goods.
Warranty only concerns to assemblage carried out by specialized, contracted company. Warranty does apply neither to changes in color of the wood nor to crookedness which can happen due to fiber bumpiness (in both wood types – exotic and domestic). Voltage inside decking can lead to deformation and crack of the wood, which is also not included in the warranty.
9. Final provisions
Present General Terms and Conditions come into effect from 01/12/2015 and at the same time overrule previous versions. General Terms and Conditions were translated into several languages. In case of discrepancies between the Slovak and any other version, the Slovak version is authoritative.
Seller reserves the right to amend General Terms and Conditions without preliminary notification.