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General Terms and Conditions

General Terms and Conditions


for online shop www.tinacisar.sk, www.tinacisar.cz, www.tinacisar.com


I. Introductory provisions and Definition of terms


1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company

 

Business name: TC CREATIVE LIVING s. r. o.
Headquarters: Župné námestie 961/1, Nitra 949 01, Slovenská republika
Registered in the Commercial Register Okresný súd Nitra, Oddiel Sro, Insertion number 62461/N
IČO: 56025807
DIČ: 2122168752
IČ DPH: SK2122168752
Bank account: SK20 1100 0000 0029 4416 5290, Tatra banka a.s., SWIFT: TATRSKBX


The Seller is subject to value added tax.

 

(hereinafter also referred to as "Seller" or "Trader")

 

and any person who is a Buyer of goods or services offered by the Seller on the Seller's Web site and who acts in the position of a consumer within the meaning of other provisions of these General Terms and Conditions and relevant laws defining the consumer, within the framework of the applicable legislation of the Slovak Republic, in particular the following laws: Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Contract Concluded at a Distance or a Contract Concluded Outside of the Seller's Premises, as amended, Act No. 250/2007 Coll. No. 22/2004 Coll. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection, as amended.

 

1.1.1. Email contact and telephone contact to the Seller is:

 

Email: info@tinacisar.sk
Tel. n.: +421 908 789 016

 

1.1.2. The Seller advises consumers to exercise the right to withdraw from the contract without stating a reason by writing to:

 

TC CREATIVE LIVING s. r. o., Župné námestie 961/1, 949 01 Nitra, Slovenská republika

 

1.2 These General Terms and Conditions govern the legal relations between Buyers who are consumers and the Seller.
1.3 The term Online Shop is identical to the term Electronic Shop and the term Website.
1.4 The Buyer is any person (natural person or legal entity) who has placed an order, in particular by using the Seller's website or by other means of long-distance communication.
1.5 A consumer is a Buyer who is a natural person and who, when concluding a purchase contract via the Seller's website, does not act within the scope of his business activity.
1.6 The provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, shall apply to contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers who do not act in the capacity of a consumer.
1.7 A distance contract shall be understood as a contract between the Seller and the Consumer agreed and concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Seller and the Consumer, in particular by using the website or other means of distance communication.
1.8 The term Purchase Contract shall include a contract for the sale of products and a contract for the supply of services, within the meaning of the text set out in these Terms and Conditions.
1.9. Products ("Items" or "Products") are goods or services that are intended for sale and are also published on the Seller's Website.
1.10 The Seller is also the operator of the electronic system through which it operates the Website.

 

II. Product order - conclusion of the purchase contract

 

2.1. The proposal for the conclusion of the Purchase Contract by the Buyer is the sending of an order for products by the Buyer, mainly by using the Seller's website or other remote-communication means.
2.2. The conclusion of the Purchase Contract between the Buyer and the Seller occurs at the moment of delivery of the confirmation of receipt of the order to the Buyer, created by the Buyer in accordance with clause 2.1 of these GTC by the Seller (electronically to the Buyer's email address chosen by the Buyer in the process of creating the order).
2.3. The Purchase Contract is concluded for a definite term and shall terminate in particular upon fulfilment of all obligations of the Seller and the Buyer.
2.3.1. The Purchase Contract may be terminated also in other cases defined by the law of the Slovak Republic, in particular by agreement of the contracting parties, withdrawal from the contract by the consumer and in similar cases.
2.4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is connected with the obligation of payment for the Buyer, in the form of payment chosen by the Buyer.

 

III. Purchase price and payment conditions

 

3.1. The price of goods and services ordered through the Seller's Website (hereinafter referred to as the "Purchase Price") is stated separately for each product and is valid at the moment of creating an order by the Buyer.
3.2. The basic currency of payment is the Euro.
3.3. The Purchase Price of the Goods or Services listed on the Seller's Website is the total price of the Goods or Services, including all taxes, and is clearly stated on the Seller's Website.
3.3.1. The purchase price of the goods or services does not include transport costs or other costs related to the delivery of the products.

 

IV. Payment methods


4.1. You may pay for goods and services on the Seller's Website in the following ways:

4.1.2. payment by credit card through the Tatra banka CardPAY, Apple Pay, Google Pay payment gateway - price 0 Eur

4.1.3. payment by bank transfer to the Seller's account - price 0 Eur


V. Product delivery


5.1. The Seller is obliged to fulfil the order and deliver the Products to the Buyer within a period of no later than 120 days from the date of conclusion of the Purchase Contract within the meaning of clause 2.2 et seq. of these GTC and payment of the total price of the order to the Seller. If both conditions set out in clause 5.1.1. of these GTC have been fulfilled (i.e. if the purchase contract has been concluded and the total price of the order has been paid to the Seller), the Seller shall be obliged to deliver the Products to the Buyer within a period of no later than 120 days from the date of fulfilment of both these conditions.
The Seller's usual time for dispatching the Products in stock is 3 working days from the date of payment of the total order price to the Seller.
5.2. The place of delivery of the ordered Product shall be the address specified by the Buyer in the order.
5.3. The Seller shall deliver the Product by its own means to the hands of the Buyer (or to a person authorised by the Buyer to take delivery of the Product) or through third parties (shipping and delivery companies).
5.4. Delivery of the Product shall be effected upon receipt by the Buyer (or a person authorised by the Buyer to receive the Product).
5.5. The Seller may send the goods which are immediately available to the Buyer and deliver the remaining part of the order additionally within a period of time which is in accordance with the delivery period under these GTC, provided, however, that the Buyer does not incur any additional costs by the Seller's action and only if the Buyer agrees to this.
5.6. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents related to the order and other documents, if any, which are typical for the products or services.


VI. Product acceptance

 

6.1. The risk of damage to the product and liability for damage to the product shall only pass to the Buyer upon proper acceptance of the product, irrespective of whether the Buyer accepts the product in person or through an authorised third party. The Seller recommends the Buyer to check the order being collected when taking over the order.
6.2. Title to the Products shall pass to the Buyer upon receipt of the Products by the Buyer at the delivery point designated by the Buyer.
6.3. The Seller shall be entitled to proper and timely payment of the order price from the Buyer for the goods delivered.


VII. Shipping costs - how products are transported and the cost of transporting 

 

7.1 Methods of transport and price for the transport of ordered products:

7.1.1 Forms of Shipping:
7.1.1.1. Dispensing point
7.1.1.2. Courier service
7.1.2. Prices for Transport: according to shipping companies and carriers
7.1.2.1. The Seller shall inform the Buyer about the prices for different forms of transport on the Seller's website during the purchase process, prior to the conclusion of the Purchase Contract in the section on the choice of transport, as the price for transport cannot be determined prior to the determination of the delivery address of the Products and the total weight of the Products. The price for delivery of the Products does not form part of the purchase price of the Products.

 

VIII. Withdrawal of the Buyer from the Purchase Contract without giving any reason


8.1. If the Seller has timely and properly provided the consumer with information about the right to withdraw from the contract pursuant to Section 3(1)(h) of Act No. 102/2014 Coll., the consumer is entitled to withdraw from the contract concluded at a distance or from the contract concluded outside the Seller's business premises within 14 days from the date of:

a) receipt of the goods pursuant to point 8.1.1. of these GTC in the case of contracts, the subject of which is the sale of goods,

b) conclusion of a contract for the provision of a service or

c) conclusion of a contract for the provision of electronic content not delivered on a tangible medium.

8.1.1. The goods shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, with the exception of the carrier, accepts all parts of the ordered goods, or if

(a) goods ordered by the consumer in a single order are delivered separately, at the time of acceptance of the goods which have been delivered last,

(b) he delivers goods consisting of several parts or pieces, at the time of taking delivery of the last part or piece,

(c) he supplies goods repeatedly over a specified period of time, at the time of acceptance of the first of the goods supplied.

8.1.2. If the Seller has provided the consumer with information pursuant to § 3 (1) (h), Art. 102/2014 Coll. as amended only subsequently, but no later than within 12 months from the commencement of the withdrawal period pursuant to clause 8.1. et seq. of these GTC, the withdrawal period shall expire 14 days after the date on which the Seller has subsequently fulfilled the information obligation.

8.1.3. 102/2014 Coll. as amended, even within the additional period within the meaning of clause 8.1.2. of these GTC, the withdrawal period shall expire 12 months and 14 days after the date of commencement of the withdrawal period pursuant to clause 8.1. et seq. of these GTC.

8.1.4. The consumer may also withdraw from the contract, the subject of which is the delivery of goods, before the start of the withdrawal period.

8.2. The Consumer is obliged to send back the goods or hand them over to the Seller or a person authorised by the Seller to take over the goods within 14 days from the date of withdrawal from the contract at the latest. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by the Seller. The time limit according to the first sentence shall be deemed to have been observed if the goods have been handed over for transport no later than on the last day of the time limit (§10 paragraph 1 of Act No. 102/2014 Coll.).

8.3. If the Consumer wishes to exercise this right, he is obliged to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The withdrawal period shall be deemed to have been observed if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period to the Seller's address. This right may also be exercised by the consumer at any of the Seller's establishments.

8.4. The consumer may exercise the right of withdrawal from the contract with the Seller in paper form or in the form of a record on another durable medium; if the contract has been concluded orally, any unequivocally worded statement of the consumer expressing his/her will to withdraw from the contract (hereinafter referred to as the "withdrawal notice") shall be sufficient to exercise the consumer's right of withdrawal.

8.4.1. If the consumer withdraws from the contract, any ancillary contract related to the contract from which the consumer has withdrawn shall also be cancelled from the outset. No costs or other payments may be claimed from the consumer in connection with the cancellation of the supplementary contract, except for the payment of the costs and payments referred to in § 9(3) and § 10(3) of Act No. 102/2014 Coll., as amended, and the price for the service, if the subject of the contract is the provision of a service, and if the service has been provided in full.

8.5. By withdrawing from the contract, the contracting parties are obliged to return the services provided to each other. The consumer shall only be liable for any diminution in the value of the goods resulting from such handling of the goods as is beyond that necessary to ascertain the characteristics and functionality of the goods. The consumer shall not be liable for the diminution in value of the goods if the Seller has failed to comply with the information obligation on the consumer's right of withdrawal pursuant to § 3(1)(h). Act No. 102/2014 Coll.

8.6. The consumer may use the withdrawal form to withdraw from the contract without giving a reason. The said form is freely accessible on the Seller's Website.
8.7. If the Consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., he/she shall bear the costs of returning the goods to the Seller pursuant to Section 10(3) of Act No. 102/2014 Coll., and if he/she withdraws from the contract concluded at a distance, also the costs of returning the goods which, due to their nature, cannot be returned by post, This does not apply if the Seller has agreed to bear them himself/herself or if he/she has not fulfilled the obligation pursuant to Section 3(1)(i). of Act No. 102/2014 Coll.
8.8. The Seller is obliged to return to the Consumer without undue delay, at the latest within 14 days from the date of delivery of the notice of withdrawal from the contract, all payments received from the Consumer on the basis of or in connection with the contract, including the costs of transport, delivery and postage and other costs and fees; this is without prejudice to the provisions of § 8 (5). Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts
8.9. In accordance with § 9 paragraph 3 of Act No. 102/2014 Coll., as amended, the Seller is not obliged to pay additional costs to the consumer if the consumer has expressly chosen a different method of delivery than the cheapest common method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the consumer and the cost of the cheapest common method of delivery offered by the Seller.
8.10. In the event of withdrawal, the Seller recommends that Products are sent by registered post. The Seller recommends not to send the Goods by COD, which will not be accepted by the Seller.

8.11. In the event of withdrawal from the Contract, the Consumer shall only bear the cost of returning the Goods to the Seller or to a person authorised by the Seller to take delivery of the Goods. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 (1) (i). Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Off the Seller's Premises and on Amendments to Certain Acts
8.12. In addition to the obligations referred to in paragraphs 1, 3 to 5 and § 9 paragraph 3 of Act No. 102/2014 Coll., the exercise of the consumer's right to withdraw from the contract shall not result in the incurrence of additional costs or other obligations for the consumer.

8.13. The right of withdrawal does not apply to goods and services that are defined in §7(6)(a) to (l) of Act No. 102/2014. Z.z.
Specifically:
(a)the provision of a service, if the provision of the service has commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
(b)the sale of goods or the provision of services the price of which depends on price movements in the financial market which are beyond the Seller's control and which may occur during the withdrawal period,
(c)the sale of goods made to the consumer's specific requirements, custom-made goods or goods specifically designed for a single consumer,
(d) the sale of goods which are subject to rapid deterioration or perishability,
(e) the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
(f) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
g) the sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, the delivery of which can take place after 30 days at the earliest and the price of which depends on market price movements beyond the Seller's control,
(h)the performance of urgent repairs or maintenance which the consumer has expressly requested the Seller to perform; this shall not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for the performance of the repair or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer has not pre-ordered such services or goods,
(i)the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging if the consumer has unwrapped that packaging,
(j)the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging,
k)the provision of accommodation services for purposes other than housing, the transport of goods, the rental of cars, the provision of catering services or the provision of services related to leisure activities and under which the Seller undertakes to provide these services at the agreed time or within the agreed period,
(l)the provision of electronic content other than on a tangible medium, where the provision of that content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that the expression of that consent shall forfeit his right of withdrawal.
8.14. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which it received them from the consumer. Changing the form of return of funds to the consumer is only possible with the consent of the consumer.
8.15. When withdrawing from a contract, the subject of which is the sale of goods, the Seller is not obliged to refund the payments to the consumer pursuant to Section 9 paragraph 1 of Act No. 102/2014. Z.z. before the goods are delivered to him or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by him.
8.16. If the consumer withdraws from the contract for services and has given his express consent pursuant to Section 4(6) of Act No. 102/2014 before the commencement of the provision of services. Z.z. as amended, the consumer shall be obliged to pay the Seller only the price for the performance actually provided up to the date of delivery of the notice of withdrawal from the contract. The price for the performance actually provided shall be calculated proportionally on the basis of the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the performance actually provided shall be calculated on the basis of the market price of the performance provided.

8.17. The consumer is not obliged to pay for

8.17.1. services provided during the withdrawal period, regardless of the extent of the performance provided, if:

8.17.1.1. the Seller has not provided the Consumer with information pursuant to Section 3(1)(h) or (j) of Act No. 102/2014 Coll., as amended.

8.17.1.2. the Consumer has not given the Seller an explicit consent to the commencement of the provision of the service pursuant to Section 4(6) of Act No. 102/2014 Coll., as amended.

8.17.2. Fully or partially provided electronic content that is not delivered on a tangible medium, if:

8.17.2.1. The Consumer has not given the Seller an express consent to commence the provision of electronic content pursuant to Section 4(8), Act No. 102/2014 Coll. as amended.

8.17.2.2. the Consumer has not declared that he/she has been duly instructed that by expressing his/her consent pursuant to the first point he/she loses the right to withdraw from the contract, or

8.17.2.3. the Seller has not provided the Consumer with a confirmation in accordance with section 6(1) or (2)(b). Act No. 102/2014 Coll. as amended.

8.18. If, under a contract concluded outside the Seller's premises, the goods were delivered to the consumer's home at the time of conclusion of the contract and, due to their nature, it is not possible to send the goods back to the Seller by post, the Seller shall be obliged to arrange for the collection of the goods at its own expense within the time limit pursuant to § 9 (1) of Act No. 102/2014. Z.z., as amended.
8.19. The Seller shall instruct the Buyer that if the provision of the service is to commence under the service contract before the expiry of the withdrawal period or if the Buyer requests the provision of the service before the expiry of the withdrawal period.

8.19.1 By agreeing to the commencement of the service prior to the expiry of the withdrawal period, the Buyer shall lose the right to withdraw from the Contract once the service has been fully provided.

8.19.2 The Seller must have the Buyer's express consent to commence the provision of the service before the expiry of the withdrawal period and a statement that the Consumer has been duly instructed in accordance with clause 8.19.1 of these GTC.

 

IX. Alternative dispute resolution

 

9.1 If the Consumer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds to the Consumer's request under the preceding sentence in a negative manner or fails to respond to such a request within 30 days from the date of its dispatch by the Consumer, the Consumer shall have the right to file a motion for the initiation of an alternative dispute resolution pursuant to the provisions of Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi), or another competent authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
The Buyer has the right to choose which of the above alternative dispute resolution entities to turn to. The Buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ or directly on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution of their consumer dispute. Alternative dispute resolution can only be used by the Buyer who is acting in the capacity of a consumer when concluding and performing the contract. Alternative dispute resolution applies only to a dispute between the consumer and the Seller arising out of or relating to a consumer contract. Alternative dispute resolution applies only to distance contracts. The ADR entity may reject the proposal if the quantifiable value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
All other information regarding alternative dispute resolution between the Seller and the Buyer - consumer arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.

 

X. Supervisory authority

 

10.1. The competent authority exercising supervision over legality in the field of consumer protection is:

Inspectorate of the Slovak Trade Inspection
based in Nitra for the Nitra region
Staničná 9, P. O. BOX 49A, 950 50 Nitra 1
Supervision Department
tel. 037/772 02 16
fax no. 037/772 00 24
email: nr@soi.sk
web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

10.2. Complaints or suggestions may also be addressed by the Buyer directly to the Seller at the address specified in clause 1.1.2. of these GTC. The Seller also recommends the Buyers to address complaints and suggestions (in order to speed up the processing) to the Seller at the Seller's email address: info@tinacisar.sk
Any complaint or suggestion will be considered and dealt with by the Seller within 10 working days of its receipt. The Seller shall inform the Buyer about its handling in the same form as the Buyer delivered the complaint or complaint to the Seller.


XI. Additional provisions


11.1. The Consumer, within the meaning of Section 10(2) of Act No. 102/2014 Coll., as amended, is entitled to refuse to return the goods acquired under a contract concluded during or in connection with a sales promotion to the Seller until the Seller has returned the price paid or the advance payment for the goods or service to the Consumer.
A sales event is an event organised on the basis of an invitation, other invitation addressed to the consumer or information, the object of which is mainly the sale of goods or the provision of services and during which, or within 15 working days after which, a contract with the consumer is concluded.

11.2. The Seller shall not conclude a contract of sale or sell, broker or deliver alcoholic beverages /products/, tobacco products and other products to persons (Buyers) who are under 18 years of age at the time of conclusion of the contract of sale and whose sale is prohibited to persons under 18 years of age, in accordance with and in accordance with the valid and effective legislation of the Slovak Republic. Accordingly, the Seller shall verify that the Buyer is over 18 years of age by checking the Buyer's age by means of the Buyer's identity document (ID card or passport) when handing over the order to the Buyer. The Seller shall do the above through the authorized person who is to deliver the order to the Buyer. If the Buyer is under 18 years of age, or if the Buyer fails or refuses to prove his/her age, the Seller shall not hand over the order to the Buyer and the contract of sale shall be terminated.

 

XII. Information on codes of conduct

 

12.1. In the meaning of §3, paragraph 1, letter n), Act No. 102/2014 Coll. The Seller informs consumers that there are no special relevant codes of conduct to which the Seller has committed itself, whereby a code of conduct means an agreement or a set of rules defining the Seller's conduct, which the Seller has undertaken to comply with this Code of Conduct in relation to one or more specific business practices or business sectors, unless these are provided for by law or by other legislation or action of a public authority, which the Seller has undertaken to comply with, and the manner in which the Consumer may become aware of them or obtain their text.

 

XIII. Final provisions

 

13.1. The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of the change of the General Terms and Conditions is fulfilled by placing it on the Seller's Website. In the event of a change in the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective at the time of conclusion of the Purchase Contract until its termination.

13.2. These General Terms and Conditions form an integral part of the Complaints Policy and the Privacy Policy and Privacy Notice of this Website. The documents - the Complaints Policy and the Privacy Policy and Privacy Notice of this Website are published on the domain of the Seller's Website.
13.3 These General Terms and Conditions shall come into force and effect upon their publication on the Seller's Website on 01.03.2024.

 

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