Terms and Conditions
1. Introductory provisions
These Terms and Conditions regulate the rights and obligations of the parties resulting from the purchase contract concluded between the seller, which is PETRA KOVACS, swimpatisserie s.r.o., IČO: 52984095, DIČ: 2121220332 registered in the Commercial Register of District Court Bratislava 1, Slovakia, Section: Ltd., Insert No .: 143918 / B bellow referred to as the “Seller” and a Buyer, who may also be a consumer (the “Buyer”), the subject matter of which is the purchase of goods on the e-shop website www.swimpatisserie.com. Buyer means a individual person, competent for legal acts (consumer) or a legal person (who is an entrepreneur within the meaning of Section 2 (2) of the Commercial Code), who, after its authorisation, sent an electronic order processed by the e-shop system www.swimpatisserie.com. The legal relations of the Seller with the Buyer not expressly regulated are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code, Act no. 250/2007 Coll. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Coll. on offences as amended, Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or the provision of services under a distance contract or a contract concluded off the premises of the seller and amending certain laws (hereinafter referred to as the “Consumer Protection Act on the Sale of Goods under a Distance Contract”) as amended. Purchases made by business entities are governed by the Slovak Commercial Code no. 513/1991 Coll.
The site is governed by Slovak law.
Supervisory Authority: Slovak Trade Inspection (SOI) SOI Inspectorate for the Bratislava Region Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Slovakia
IBAN: SK62 1100 0000 0029 45083609
BIC / SWIFT: TATRSKBX (1100), Tatra Banka, a.s.
2. Order and conclusion of the contract
All orders via the website www.swimpatisserie.com are binding on both parties, provided that the conditions agreed at the time of confirmation are not violated. By sending the order, a purchase contract is created, on the basis of which the sale of goods by the seller to the buyer is carried out. An order made via a “shopping cart”, an order via e-mail, a telephone order, which was subsequently confirmed by the seller by sending a confirmation e-mail, is considered a binding order.
The main conditions are considered to be the content of the order (exact specification of the goods and its number), the price for the goods and transport, the method and date of delivery.
The seller reserves the right not to accept an order from a buyer who has not properly received or paid for the goods in the past.
By sending the order, the buyer confirms that he has read these Terms and Conditions. By getting acquainted with the business conditions, the buyer gives his consent to the sending of an electronic invoice via email.
3. Prices of goods
For each individual product, the total price of the goods in EUR is stated directly in the specific offer of the e-shop. All prices of products in the e-shop are final, including all taxes, that is including the corresponding VAT in the amount specified by the valid legislation of the Slovak Republic. The price of the product does not include delivery costs.
4. Payment for goods
The seller accepts payment for the ordered goods in the ways listed on the page here in the: Type of delivery and prices for the transport of goods and Delivery Terms. Part of the e-shop order is the buyer’s obligation to pay the price to the seller for the ordered goods. In the online store www.swimpatisserie.com/shop, the buyer can pay the purchase price via a payment card – payment via the Stripe payment gateway, where he fills in the necessary payment details. After verifying their validity, the order will be confirmed and the amount of the purchase price will be deducted from the buyer’s bank account.
5. Type of delivery and prices for the transport of goods
Slovak Post Office – Courier: 4,50 €
1st – Class Mail to European Countries: 5,80 €
6. Delivery terms
The seller undertakes to manufacture and deliver the goods as soon as possible, depending on their availability in stock. Delivery time ranges from 7 days to 14 days from receipt of a binding order, respectively, from receipt of payment for the goods on account. The buyer undertakes to pay the full amount of the purchase price of the goods, including postage. The buyer acquires ownership of the goods until the day of payment of the price in favour of the seller in full. The seller is not responsible for delayed delivery or damage to the goods caused by the post, resp. delivery service. The seller is not responsible for the impossibility of delivery of goods due to force major or if the ordered goods can not be made within the required period, due to the unavailability of material on the market.
The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him (except the carrier) takes over all parts of the ordered goods, or if a) goods ordered by the buyer in one order are delivered separately, at the moment of taking over the last delivered goods; b) delivers the goods consisting of several parts or pieces, at the moment of taking over the last part or the last piece, c) delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.
7. Claim of goods
If the purchased goods are damaged, the buyer has the right to complain about the goods. For correct assessment, it is necessary that the claimed goods are clean, complete and in accordance with hygiene regulations or general hygiene principles. When using the goods, the buyer is obliged to observe, in addition to the generally known rules, also the conditions set by the seller for the use and care of the goods in accordance with its natural life.
It is only possible to complain about goods that were purchased only from the seller and which are the property of the buyer. In case that the ownership right has not yet passed to the seller fro the buyer, the buyer in accordance with the applicable legislation to settle the complaint only after full payment in accordance with § 151a et seq. Of the Civil Code.
The seller is responsible for ensuring that the item sold has the quality and performance generally required by the seller or manufacturer described or expected to meet the requirements, legislation in specified quantities and for the purpose for which the seller states or for which the item is normally used. The seller is responsible for defects that occur on the goods after taking over (purchase) of the goods during the warranty period.
The seller is not responsible for errors:
– if the buyer caused the damage himself
– if the buyer knew about the lack of goods before taking over the goods
– for which a discount on the price of the goods has been granted
– which arose during the warranty period as a result of wear and tear of the goods due to incorrect or excessive use
– if the goods have been mechanically damaged or destroyed by improper handling
– if the colour of the material does not exactly match the colour on the internet according to which the goods were purchased (the colour may vary depending on the type of equipment used to display the product online)
If the buyer is a consumer (a natural person who does not act within the scope of his business, employment or profession) for all offered goods is guaranteed for 24 months, unless otherwise stated in the goods and the procedure is in accordance with the Consumer Protection Act and Of the Civil Code. If the buyer is not a consumer, the procedure is in accordance with the provisions of the Commercial Code and the warranty period is 1 year. The warranty period begins on the day of receipt of the goods from the carrier. The buyer is obliged to file a complaint with the seller immediately, immediately after finding the defect.
The claimed goods must be sent to the contact address: PETRA KOVACS, swimpatisserie s.r.o., Slovinec 5186/26, 84107, Bratislava as a registered shipment, not cash on delivery!
It is necessary to attach a copy of the proof of purchase and the completed Claim Form to the goods.
The goods must be suitably packed to prevent damage to the goods during transport, and we recommend sending the goods by registered mail or as an insured shipment.
The seller will confirm the receipt of the complaint in a suitable form and will issue a confirmation of its equipment as soon as possible. The day of submission of the complaint is considered to be the day of its delivery to the seller.
The seller undertakes to inform the buyer within 3 working days of receiving the complaint about the validity of the complaint and about the procedure of equipment. In the case of a justified complaint, the seller undertakes to handle the complaint within 30 days of its delivery. We will return the claimed goods to you repaired, replace them, and send them back at our expense or we will refund your money . In the event that the defect is irreparable, but does not prevent the goods from being properly used, the buyer is entitled to a reasonable discount on the price. The seller is obliged to issue a confirmation to the buyer when making a complaint. In the case of a complaint filed within 12 months from the purchase of the product, the seller may handle the complaint by rejection only on the basis of professional judgment. If the seller rejects the complaint made after 12 months from the purchase of the product, the seller is obliged to inform the buyer to whom the product can be sent for professional assessment. For the purposes of handling complaints, professional assessment means o. i. and the opinion of the authorised person or the person authorised by the manufacturer to perform warranty repairs § 2 letter. Consumer Protection Act. The buyer has the right to exchange the goods or the right to withdraw from the contract even if it is a remediable defect, but if the buyer can not properly use the goods after repair after repair (§ 623 paragraph 1 of the Civil Code). A recurrence of a defect after a repair is considered to be a condition if the same defect occurs a third time after at least two previous repairs. The seller is obliged to issue a written document on the handling of the complaint no later than 30 days from the date of the complaint.
8. Return of goods – withdrawal without giving a reason
In accordance with applicable laws, the buyer is entitled to return the goods without giving a reason to the seller within 14 days of receipt. This right follows from § 12 of the Act on Consumer Protection in Mail Order (Act No. 108/2000 Coll.). Later withdrawal from the contract is no longer possible. Subsequently, the buyer sends the goods back to the seller. In this case, the buyer is obliged to return the unused and complete goods in the original undamaged packaging together with the attached proof of purchase. The costs related to the return of the goods are paid by the buyer.
The buyer can exercise the right to withdraw from the contract in writing or by e-mail, by sending the completed Withdrawal Form. The right to withdraw from the contract can be exercised by sending a notice of withdrawal from the contract even on the last day of the 14-day period.
When returning goods, it is not possible to accept the return of goods by cash on delivery.
If all the above conditions are met, the seller undertakes to return the purchase price paid to the buyer by transfer to the account, within 14 working days of receipt of the goods.
Unless the seller and the consumer agree otherwise, the consumer may not withdraw from a contract relating to the sale of goods made to the consumer’s specific requirements, or goods intended specifically for one consumer, or goods which, due to their characteristics, cannot be returned.
The buyer is responsible for the reduction in the value of the goods, which arose as a result of such handling of the goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods.
After delivery of the goods, the buyer has the opportunity to test its functionality, but cannot use the goods if he withdraws from the contract. The purchased clothing should only be tried out by the buyer, but should not be worn, and the goods should be returned with the original tags.
9. Alternative dispute resolution
If the buyer was not satisfied with the seller’s handling of the complaint, or if the buyer contacted the seller for redress and was not satisfied with the way the seller handled his complaint or if he believes the seller has violated his rights, the buyer has the right to the seller with a request for redress. If the Seller refuses to respond to such a request or fails to respond within 30 days of the date of dispatch, the Buyer has the right to file an alternative dispute resolution by contacting an ADR entity such as the Slovak Trade Inspection, Prievozská 32, P.O. Box 5, 820 07 Bratislava (www.soi.sk).
The dispute can be resolved through the ADR Alternative Dispute Resolution Platform (https://ec.europa.eu/)
The operator of the e-shop www.petrakovacs.sk, which is PETRA KOVACS, swimpatisserie s.r.o., with its registered office at Slovinec 5186/26, 84107, Bratislava, processes the buyer’s personal data necessary for concluding a consumer contract, which the seller concludes with the buyer in this online store by creating an order. This consumer contract is also the legal basis for the processing of the buyer’s personal data. When processing personal data, the seller proceeds in accordance with Act No. 18/2018 on Personal Data Protection. Personal data means all information about an identified natural or legal person, the provision of which is a condition for processing an electronic order for the purchase of a buyer in the seller’s e-shop, their provision is a contractual requirement necessary to conclude a purchase contract.
This personal information protection information contained herein also applies to pre-contractual relationships.
If all the required data of the buyer is not provided to the seller, it is not possible to conclude a purchase contract.
The operator retains personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship between the buyer and the operator and for a period of 6 years from the termination of the contractual relationship.
The buyer has the right to access his personal data according to section 21 of the Act, which the seller processes, has the opportunity to update personal data, via e-mail or in writing. The buyer has the right to delete his personal data or restrict the processing of this data. The buyer has the right to revoke the consent to the processing of personal data in writing or electronically to the e-mail of the operator [email protected] . The buyer has the right to file a complaint with the Office for Personal Data Protection if he considers that his right to personal data protection has been violated.
The request for deletion of personal data by the buyer may be rejected by the seller due to, for example, the necessary archiving of accounting documents for a period of 10 years, based on Slovak legislation and their performance by the seller.
Personal data may also be processed for marketing purposes (for example, to send emails about news, promotions, or to send a newsletter, etc.,) without the prior consent of the buyer. Personal data of the buyer will not be published.
Personal data may be provided to third parties, for the performance of a consumer contract to delivery companies (post office, courier) and an accounting company that processes accounting documents, and also for the purpose of delivering marketing information, personal data may be transferred to third countries. The buyer can at any time request to unsubscribe from the newsletter, or express his disagreement with the processing of personal data via email to the email address [email protected]
11. Photo Rights
All rights to the photographs used on this website are owned by PETRA KOVACS. The use of photographs without prior express consent is not permitted.
12. Final provisions
All changes to these general terms and conditions will be made exclusively in writing and will be published on the seller’s website (www.petrakovacs.sk) no later than the day of their entry into force. By sending the order, the buyer confirms that he agrees with the Terms and Conditions, while by confirming the appropriate field before sending the order, the buyer declares that he is familiar with these terms and conditions, fully understood their contents. These terms and conditions come into force 1.1.2021.