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General terms and conditions
1. INTRODUCTORY PROVISIONS
1.1 These general Terms and Conditions (hereinafter also referred to as "GTC") govern the rights and obligations of the parties arising from the purchase contract concluded between the seller and the buyer. The subject of which is the sale and purchase of goods through the online store (further in this GTS referred as “e-shop”), operated under following URLs: e-shop, www.christmasmagneticbook.eu, www.magnetickaknihavianoce.sk, www.magnetickaknihavanoce.cz
1.2 The seller and operator of the e-shop is kiWision, sro, Budovateľská 1062/25, 821 08 Bratislava, IČO: 46 616 951, DIČ: 2023510137, IČ DPH: SK2023510137, entered in the Commercial Register of the District Court Bratislava I, section: Ltd., insert No.: 80670 / B , Slovak Republic (hereinafter referred to as "operator" or "seller").
1.3 Contact details of the seller:
kiWision,s.r.o., Hattalova 12/C, 831 03 Bratislava, Slovakia Republic
Phone: +421 948 061 500
1.4 All contractual relations are concluded in accordance with the law of the Slovak Republic. If the contracting party is a consumer, the legal relations between the seller and the buyer, are not expressly regulated by these GTC, these are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended (hereafter referred to as the "Civil Code"), Act no. 102/2014 Coll. ,for the consumer’s protection for the sale of goods or provision of services on the basis of a contract concluded at distance or a contract concluded outside the premises of the seller and amending certain laws as amended (hereinafter "Act No. 102/2014 Coll."), Act 250 / 2007 Coll. ,for consumer’s protection and on the amendment of Act SNR no. 372/1990 Coll. and offenses in z.n.p. and other applicable legislation.
1.5 If the contracting party is not a consumer and it is a purchase of goods for the purpose of business, the contractual relations are not expressly regulated by these GTC, the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
2. DEFINITIONS OF TERMS
For the purposes of these GTC:
a. e-shop -internet shop located on the websites e-shop, www.christmasmagneticbook.eu, www.magnetickaknihavianoce.sk, www.magnetickaknihavanoce.cz enabling the purchase of goods.
b. registration- fill up an electronic form containing fields for filling in buyer data, including personal data. Data marked with an asterisk are mandatory data, the completion of which is necessary for successful registration. Registration is not a necessary condition for using the e-shop, but it is associated with certain benefits provided by the e-shop (simpler purchase process when repurchasing, the ability to track the status of your orders and keeping a history of viewed products).
c. the buyer- is a natural or legal person who has expressed an interest in purchasing goods through the e-shop and closing a purchase contract with the operator regarding goods offered through the e-shop, and who for this purpose duly filled out and sent a binding order via the e-shop and delivered it to the operator; either as a consumer or as an entrepreneur. The statutory body or an authorized representative act on behalf of the buyer - a legal entity.
d. the authorized person- is a person other than the buyer, specified in the binding order as the person to whom the ordered goods are being handed over. The indication of the name and surname of the authorized person in the order form is considered as his / her authorization to take over the ordered goods.
e. order form- an electronic form containing in particular the personal data of the buyer, or authorized person, designation of the ordered goods, purchase price of the ordered goods including VAT, place of delivery, method of delivery (transport) of goods and price for delivery (transport) of goods to the place of delivery.
f. current offer of the goods -proposals off the goods published on the e-shop, which contains mainly the text description of the goods (e.g., name, name of the author, publisher / manufacturer, etc.) and information about the current price. Changes in the current offer of the goods (including price changes) are effective from the moment of their publication on the e-shop. Purchase contracts concluded before the relevant change in the current offer of the goods is not covered by this change. The goods are mainly books, music and film carriers and toys.
g. the supervisory authority -Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, Bajkalská 21 / A, P.O. BOX No.5, 820 07 Bratislava, Supervision Department, tel. no. 02/5827 2172, fax. no. 02/5827 2170, www.soi.sk.
3. ORDERING GOODS AND CONCLUDING A PURCHASE CONTRACT
3.1. All orders placed through the e-shop are binding.
3.2. Submission of an order means its creation, approval and binding confirmation by the buyer, which confirms and declares that:
a. has become aware with the GTC, which are an important part of the purchase contract and that he agrees with them;
b. has become aware of the complaint procedure, which is an integral part of the purchase contract and that he agrees with it;
c. was informed that the order includes the obligation to pay the purchase price;
d. was informed of the possibility of withdrawing from the purchase contract;
e. grants unconditional consent to the processing and use of its personal data in accordance with Act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts as Amended (hereinafter referred to as the “OU Protection Act”) and these GTC. And if the Buyer also states the personal data of an entitled person, he does so only with his prior written consent, which he should be able to prove it to the operator at any time upon request;
f. all the information given by him should be true;
3.3 The condition for the validity of the order is the completion of all forms and the completion of all data marked as mandatory.
3.4 “Send order” of goods is a proposal for the decision of a purchase contract submitted by the buyer.
3.5 The buyer is obliged to provide a correct registration data, in particular the full postal address to which the goods are to be sent.
3.6. Acceptance of the proposal for the conclusion of the contract (hereinafter referred to as "order confirmation") is a timely written statement of the operator addressed to the buyer, in which the operator confirms that he accepts the buyer's order. Operator must receive the payment of the whole price for the goods that you order, including shipping (delivery costs) before your order can be accepted, and the contract can form. Once payment has been received, e-shop will confirm that your order has been received by sending an email to you, at the email address you provide in your registration form. The acceptance of order by seller brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by customer in customer’s order will not form part of the contract.
The operator's silence or inaction does not constitute an order confirmation. The operator is entitled to reject the order tacitly, respectively, without stating a reason, while the buyer is not entitled to conclude a purchase contract.
3.7 The subject of the concluded purchase contract is the obligation of the operator to deliver the ordered goods to the buyer to the place of delivery specified by him and the obligation of the buyer to accept the goods at the place of delivery at the agreed time, duly and timely pay the purchase price and shipping costs (delivery costs) for them.
3.8 Any change of the order after the conclusion of the purchase contract is a proposal to change the content of the purchase contract and is possible only by mutual agreement between the buyer and the operator. The operator is not obliged to accept the proposal to change the content of the purchase contract.
3.9 The ownership right of the goods is transferred to the buyer after full payment of the purchase price and taking over the goods.
3.10 The buyer will become the owner of the goods he has ordered, and the risk of damage to the goods passes to him, when the goods are dispatched to him from our distribution centre.
3.11 The order expires:
a. rejection of the order by the operator.
b. after the expiration of the 5-day period for order confirmation.
4. PURCHASE PRICE OF GOODS
4.1 The customer can verify the prices of the goods as individual items. Shipping prices and other fees are displayed when ordering as a separate item. All prices are in euros with VAT.
4.2 Before dispatching the order, the total price for the goods will be calculated, including related fees regarding the delivery of the goods and the method of payment for the goods, which are not included in the purchase price of the goods and the customer will be asked to agree with.
The operator will ship by post, or arrange a courier on your behalf, for the goods ordered to the person and address you have given to the operator at the time you make your order. For goods delivered outside of the Slovakia, the consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
4.3 All promotions are valid while stocks last, unless otherwise stated for a specific product.
4.4 For each delivery of the goods, the seller shall issue an invoice, which shall be sent to the buyer electronically.
4.5 The customer chooses a specific method of payment according to the options specified in the order, in the "basket" section.
Cash on delivery - Payment on delivery (buyer pays the order to the courier upon receipt). This payment option is only possible to selected countries in Europe, which you can find listed in the Shipping and postage section. (Hyperlink to subpage).
Payment by card - Payment by credit card (VISA, Mastercard)-You can pay your order by credit card, using STRIPE payment gateway service. For more info, please visit: https://stripe.com/
4.6 The buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the entire purchase price to the bank account of kiWision s.r.o. operating e-shop.
5. DELIVERY TIME, TRANSPORT AND DELIVERY OF GOODS
5.1 The delivery period begins to run from the date of confirmation of the binding order, provided that the customer offers the seller with all the documents necessary for the timely processing of the order. Delivery times differ based on the product availability, warehouse processing times and delivery times of shipping companies. Transport is provided by the courier services (please refer to the footer on the official page) with a time frame completed order by the carrier. No minimum or maximum transport time is guaranteed.
5.2 Value Added Tax (VAT)
All prices, displayed on the e-shop, are inclusive of taxes, e.g.VAT. The different tax rate, dependent upon the destination of delivery, this will be declared in the checkout.
When ordering from e-shop, the seller is obliged to apply VAT rates valid in the country of destination, i.e. country in which you are receiving the goods.
When ordering goods from e-shop for delivery into the EU, either local VAT or import duties and taxes may be due. Where import duties and taxes are due, these are your responsibility. You agree that these import duties and taxes will be included in the final price paid at checkout and that e-shop will arrange for our carriers to make payment of applicable import duties and taxes at the customs border on your behalf.
When ordering goods from e-shop for delivery to some other overseas destinations, your package may be subject to import duties and taxes that are charged once the package reaches your country. Any additional charges for customs clearance, including applicable import duties and taxes, must be accepted by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your local customs office or post office for further information regarding importation taxes/duties that may be applicable to your online order.
In the event of ordered goods not being in stock or cannot be handed over to the carrier, seller reserves the right to divide the order or to withdraw from the purchase contract (binding order).
5.3 After completing the order, the goods are ready for shipment and the shipment is handed over to the carrier. Delivery is regulated by carriers' terms and conditions and seller provides no guarantees of delivery.
5.4 The place of delivery is the address that the buyer stated in the order as a "delivery address".
5.5 The buyer can choose the method of transport for the goods to the place of delivery in the process of ordering the goods after selecting the goods and entering the place of delivery.
5.6 Methods of transporting the goods to the place of delivery:
a) Home Delivery
b) Pick-up points
5.7 Information about the price of transport (postage) and the usual duration of transport to the place of delivery is always indicated for the specific type of transport of goods. The amount of postage depends on the country to which we will send your package. Postage
The information about the price of transport (postage) and the usual duration of transport to the place of delivery is always given for a specific type of transport of goods. The prices of postage are stated in euros with VAT and are valid only for sending ordinary shipments to the designated delivery address and when sending the entire order in one shipment. The amount of postage depends on the country to which we will send your package.
5.8 In the event of the buyer does not take over the goods and the goods are returned to the seller, the seller is entitled to withdraw from the purchase contract and demand from the buyer the reimbursement of the transport and the packaging costs related to unsuccessful delivery of the goods in the amount of 7, - EUR. request of the seller sent to the buyer by e-mail, which is also a withdrawal from the purchase contract.
a) If the buyer chooses the delivery to different pick-up points mentioned in the footer, as the method of transporting the goods, and at the time of dispatching the order it is not possible to send the consignment to the selected delivery point (mainly, but not exclusively, due to branch cancellation, non-acceptance of consignments), the seller is entitled to choose the nearest branch that accepts shipments and will inform the buyer about this fact by e-mail.
b) In the event of, for any reason, one of the delivery services mentioned in the footer, redirects the shipment to a place other than the one selected by the customer, the buyer is obliged to take over the goods from the changed branch of the delivery service they have chosen.
6. CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 While the order has not yet been paid and has not yet been sent, the buyer may cancel the order by e-mail or telephone without being charged any penalties. If the order has already been paid and has not yet been sent, the seller will return the money to the buyer within 14 working days, or in another mutually agreed manner.
6.2 If you are an individual and are not buying goods on behalf of a business, you can cancel your order without giving any reason within 14 days from the day on which you receive your items (or the last item if they were shipped separately). Returns after this period will not be accepted. This right to withdraw does not apply to business buyers. You must notify us about your cancellation by completing this online form available on e-shop. You will be responsible for the risk and cost of returning the item to us. You must send the item back to us no later than 14 days from the day on which you notified us about your cancellation, by following the instructions we send you.
The Buyer is obliged to send the undamaged goods in the original packaging together with all documentation that was delivered together with the goods (including a copy of the tax document and a copy of the delivery slip) back to the contact address of the Seller: kiWision, s.r.o., e-shop, Hattalova 12/C, Hattalova 12/C, 831 03 Bratislava, within the aforementioned period after the notice of cancellation (or together with it). Please note that the return cost is paid fully by the buyer.
6.3 However, in accordance with Act no. 102/2014 Coll. the right of withdrawal cannot be exercised by the buyer for the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods intended specifically for a single consumer.
6.4 The period for withdrawal shall starts from the moment of taking over the goods which were delivered.
6.5 The buyer is obliged to withdraw from the contract fully in writing -online form.
6.6 Returned shipments will not be accepted by cash on delivery. The costs associated with the return of goods are paid by the buyer. We recommend sending the goods as an insured consignment and choosing a suitable packaging method, because the seller is not liable for any loss or damage of the consignment during the transport.
6.7 We do not accept returned goods, nor withdrawal from the contract and the goods will be returned at the customer's expense if: (i) the goods show signs of use, (ii) the goods are mechanically damaged, (iii) the goods are not in the original packaging, (iv) the goods were delivered on special order, (v) goods have taken (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
6.8 However, this provision of the law cannot be understood as the possibility of borrowing goods free of charge. In the case of exercising the right to withdraw from the contract within 14 days of receiving the goods, the buyer must give the seller everything he has obtained on the basis of the purchase contract. If this is no longer possible (e.g., the goods have been destroyed in the meantime), the buyer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are only partially damaged, the seller may claim damages from the buyer and set off his claim against the buyer's right to a refund of the purchase price. In such case, the seller revenues from the buyer only the reduced purchase price. In addition, the seller may offset his actual costs incurred in returning the goods against the purchase price to be refunded by the buyer. If all the above conditions for the return of goods are met, the money for the goods will be returned to the buyer by transfer to his account, within 14 working days from the date of delivery of the notice of withdrawal, but not before the goods are delivered from the buyer and checked by the seller. The payment will be refunded the same means of payment as buyer used to make your purchase. In the event of non-compliance with any of the above conditions, the seller will not accept withdrawal from the contract and the goods will be returned at the expense of the sender.
6.9 The buyer is responsible for any reduction in the value of the goods, which was caused by its use beyond what is necessary to determine the functionality and properties of the goods.
6.10 The seller is entitled to withdraw from the purchase contract for the following reasons in particular:
a. if the buyer does not take over the ordered goods from the courier within the agreed period for reasons other than those on the part of the seller,
b. if the buyer does not accept the ordered goods at the relevant post office within the specified collection period,
c. if the seller is unable to deliver the goods, in particular because the goods have been sold out, are no longer manufactured or delivered and it is not possible for the seller to procure them otherwise,
d. if the price at which the seller buys the goods has changed significantly,
e. if a technical purchase error caused the incorrect purchase price of the goods.
6.11 Withdrawal of the seller from the contract is effective on the day when the withdrawal is delivered to the buyer, with the provision that delivery in the form of e-mail is sufficient for withdrawal.
6.12 However, the seller's withdrawal from the contract does not affect his right for compensation for damages consisting mainly, but not exclusively, in the costs suffered in connection with the futile attempt to deliver the goods to the buyer.
6.13 The Seller is entitled to set off any of its claims against the Buyer from the funds paid by the Buyer and to return to him the amount reduced by the Seller's claims.
6.14 Liability -If the goods e-shop delivers are not what the buyer ordered or are damaged or defective or the delivery is of an incorrect quantity, e-shop shall have no liability to you unless you notify e-shop in writing at e-shop contact address regarding the problem within 10 working days of the delivery of goods in question.
If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, e-shop shall have no liability to you unless you notify e-shop in writing at e-shop contact address of the problem within 40 days of the date on which the goods were dispatched to you. If you notify a problem to e-shop under this condition, e-shop its sole obligation will be, at its option, to make sure about the goods shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to buyer the amount paid for the goods in question to the original method of payment.
E-shop will not be liable to you for any indirect or consequential loss or damage arising out of any problem. The buyer shall notify e-shop under this condition and e-shop shall have no liability to pay any money to the buyer by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph above.
Nothing in this condition is, however, intended to limit any rights the buyer might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit e-shop liability to you for any death or personal injury resulting from its negligence.
7. WARRANTY PERIOD AND COMPLAINT PROCEDURE
7.1 Goods purchased from the seller in the online store e-shop are covered by the statutory warranty period of 24 months. The warranty period begins from the date of receiving the goods by the buyer. The warranty only covers manufacturing defects. The warranty does not cover mishandling or storage by the buyer.
7.2 Natural and legal persons - entrepreneurs acknowledge that the conditions of the guarantee are governed by the relevant provisions of the Commercial Code, and these relations are not subject to consumer protection legislation.
7.3 If the damage of packaging goods is found upon receiving the goods, the buyer will check the condition of the goods and, in the event of damage, will have a record of damage caused during transport in the presence of the carrier. The buyer has the right not to accept the visibly damaged shipment. The carrier is responsible for the damage during transport. By signing the consignment note, the buyer agrees to accept the shipment and confirms that it has arrived without visible damages. In the event of buyer taking over the goods despite the obvious damage of the packaging, the seller does not have to accept any subsequent claims for the goods for this reason. Immediately after taking over the goods, the buyer is obliged to inspect the goods and inform the seller, without undue delay, about any deficiencies found.
7.4 The warranty does not cover damage caused by:
a. mechanical damage to the goods,
b. using the goods in conditions that do not correspond to their temperature, humidity, chemical and mechanical environmental impacts,
c. improper handling or neglect of care and maintenance of the goods,
d. excessive loading or use contrary to the general principles,
e. natural elements or force majeure.
7.5 Liability for defects also does not apply to normal wear and tear of the goods (or parts therefrom) caused by their use. Therefore, a shorter product life cannot be considered a defect and cannot be claimed.
7.6 A complaint is justified if:
• the goods were not delivered
• the delivered goods are damaged
• the delivered goods are different from the one ordered by the buyer
• the delivered goods are not complete (the customer must make sure that his order has not been divided into several orders due to the unavailability of goods in stock).
In all the above cases, it is necessary that you contact the seller within 48 hours of receiving the goods, otherwise the complaint may not be accepted.
7.7 Complaints will be handled as follows:
a. The buyer can file a complaint in the following ways: by filling in the online complaint form, located on the website of the online store e-shop and sending it through the e-shop.
b. The buyer will send the claimed goods (in the original packaging, packed properly in order not to damage the goods) with all documentation that was delivered together with the goods (including a copy of the tax document and a copy of the delivery slip) back to the contact address of the Seller: kiWision, s.r.o., Hattalova 12/C, 831 03 Bratislava, Slovak Republic. Before sending the goods as describe, the seller and the buyer must find a mutual agreement regarding the delivery carrier. The buyer shall pay for the delivery of the goods, as well to send a scanned copy or the delivery receipt to the seller. The seller will inspect the goods upon arrival and if the seller finds a reasonable reason regarding the buyer’s complaint, the seller shall refund the delivery costs.
c. The seller has a period of 30 days from the date of the complaint, set by law to review the validity of the complaint and its recognition or non-recognition.
d. When resolving a complaint, the seller will usually contact the buyer and agree on the method of resolving the complaint (exchange of goods piece by piece, other goods on a given price, refund),
e. The buyer will be informed of the result of the complaint immediately, at the end of the complaint procedure, about which he will receive a confirmation from the seller regarding the handling of the complaint in the form of an e-mail. The Seller is entitled to accomplish any of its claims arising from the withdrawal against the Buyer from the funds paid by the Buyer and to return the amount reduced by its claims.
8. PRINCIPLES OF PERSONAL DATA PROTECTION
8.1 The controller processes the personal data of the buyer as the data subject in accordance with the Act on the Protection of Public Prosecutors and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 regarding the protection of individuals with regard to personal data processing and free movement of such data.
9. USE OF THE CONTENT OF E-SHOP
9.1 kiWision s.r.o. has all rights reserved. Any use of the content, in part or in whole, in particular the reproduction and distribution of texts (descriptions), logos, images, photographs or samples in any mechanical or electronic way is prohibited without prior written permission from kiWision s.r.o.
9.2 kiWision s.r.o. has all rights reserved for the creation of e-shop brand content and decides on the marketing and commercial activities of the brand. Any goods or services purchased on e-shop may only be used by third parties for marketing and commercial purposes with the express written consent of kiWision s.r.o. as the brand manager.
9.3 This Website is strictly for personal and non-commercial use. You agree not to use the Website for commercial or business purposes or to place orders which will be, or are being, sold on to a third party. If you are suspected of using the Website in any of these ways then we reserve the right to withdraw from any relevant contract(s) and cancel your order(s).
9.4 You must not use this Website: (i) in a way that causes, or is likely to cause, the Website or any e-shop service to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. We reserve the right to cancel any order, terminate any e-shop account or refuse any e-shop service if your behaviour gives us a justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on this Website, or if you engage in fraudulent activities or behaviour.
10. ALTERNATIVE DISPUTE RESOLUTION
10.1 The contract between us shall be governed by and interpreted in accordance with Slovak law. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the Slovak courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in Slovakia or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please email us at email@example.com.
10.2 Operator in accordance with Act no. 102/2014 Coll. and Act no. 391/2015 Coll. on Alternative Settlement of Consumer Disputes and on Amendments to Certain Acts as Amended (hereinafter referred to as the “ADR Act”) informs the buyer-consumer that if he is not satisfied with the way which the seller handled his complaint or the buyer considers that the seller has violated his rights, has the right to contact the seller with a request for redress through the mailing address or email firstname.lastname@example.org. If the seller responds to this request in a negative way or does not respond within 30 days of its dispatch, the buyer-consumer has the right to file a motion to initiate alternative dispute resolution of the ADR entity, which are the authorities under the ADR Act and authorized legal entities entered in the list kept at the Ministry of Economy of the Slovak Republic. The relevant subject is the Slovak Trade Inspection (www.soi.sk). The buyer-consumer may submit a proposal to initiate an alternative dispute resolution in the manner stated in the Section 12 of the ADR Act.
10.3 Alternative dispute resolution can only be used by the consumer - a natural person who does not act within the scope of his / her business activity, employment or profession when concluding and fulfilling a consumer contract. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution does not apply to disputes whose value does not exceed 20, -EUR.
11.1 The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. e-shop shall not be responsible for any detrimental reliance you place on this Website or its contents.
11.2 e-shop is providing this website and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this Website or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, e-shop makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this Website or that any software or the server that makes it available are free of viruses or other harmful components. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of e-shop howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
11.3 Neither e-shop nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Website in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12. FINAL PROVISIONS
12.1 These General Terms and Conditions shall enter into force and effect from 01.09.2021 until the new General Terms and Conditions are issued.
12.2 The Operator reserves the right to change and supplement these GTC, without prior notice to the buyer. Changes to the GTC take effect on the day of their publication on the seller's website e-shop. These GTC are valid in the writing and stated on the operator's website on the day of sending the electronic order to the buyer, unless otherwise agreed between the participants in writing.
12.3 By sending an electronic order, the buyer confirms that he is thoroughly aware with the GTC, understood their content and absolutely accepts all provisions of the GTC as valid on the day of sending the order, as well as the valid price of the ordered goods (including shipping and transport costs).
12.4 Legal relations established by the Purchase Contract shall be governed by the provisions of the Purchase Contract (i.e. the contents of the Purchase Order and the Order Confirmation), the provisions of these GTC, the relevant provisions of the laws of the Slovak Republic, whereby the provisions of the Purchase Contract shall prevail over the provisions of these GTC and the dispositive provisions of generally binding legal regulations, and the provisions of these GTC shall prevail over the dispositive provisions of generally binding legal regulations. The courts of the Slovak Republic shall have jurisdiction to resolve any disputes between the Buyer and the Seller.
12.5 In the event that any provision of these GTC is or becomes invalid, ineffective and / or unenforceable, this does not affect the validity, effectiveness and / or enforceability of other provisions of these GTC, unless the nature of such provision precludes it under applicable law. The parties undertake, without undue delay after finding that any of the provisions of the purchase contract or these GTC are invalid, ineffective and / or unenforceable, to replace the provision in question with a new valid provision, the content of which will fulfil the purpose of the original provision as much as possible.
12.6 e-shop shall have no liability to the buyer for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
12.7 These GTC are published on the website of the e-shop online store.