1)Precedence of contract
The following provisions apply as a whole or individually to our business and business relationships unless otherwise expressed and agreed in writing in a particular case, in the form of a specific contract.
Our offers, deliveries, and other performance are fulfilled only by these General terms and conditions. The conditions apply to all subsequent operations connected to the orders, such as the supply of spare parts and for other business relations. Even if they were not explicitly agreed again. We at this moment explicitly reject the contrary claims of the customer concerning our own different business or purchase terms.
3) Conclusion of Contract
Our offers are always non-binding. We reserve the acceptance of any order. The customer is bound to his order for 30 days from the day of signing the contract. The contract on buying is considered concluded when we confirm it, or we deliver the subject of this business transaction within this period.
a) Informative prices are prices stated in our binding offer or confirmation of the order, and if such evidence does not exist then the prices from our price list valid at the time of conclusion of the contract. Our prices are understood as the prices on the day of delivery with the addition of value-added tax. In the case of shipments outside the Slovak Republic, the applicable VAT rules are to be applied for the given situation.
b) The cost of packaging, transport, customs and other official fees is to be paid by the customer. The risk has been passed to the customer at the moment when we provide the goods to the person eligible to be delivered.
5)Performance of the contract
a) We are authorized to deliver orders or deliver services in portions. If under the law, regulations or official regulations, we are forced to accept the transport or sales packaging, the customer agrees with the associated costs. The customer is obliged to accept the agreed delivery; this obligation is the primary duty of the customer. If the customer takes goods with delay, we are entitled to withdraw from the contract or claim compensation for non-compliance.b) Leads and delivery times are non-binding, the delivery period starts from the moment of the conclusion of the contract unless explicitly and in writing agreed otherwise.c) Late delivery and performance of services caused by force majeure and other unforeseeable events that make us considerably more difficult and impossible to deliver and are not influenced by us (war, issues similar to war, official regulation and intervention, failure to export, import or transit permissions, trade embargo, delay in the supply of raw materials and components, strike, lock-out and other operational failures and accidents, power supply outages, sabotage and natural disasters) entitle us to prolong the duration of the service or goods delivery due to the obstacle with the addition of the delivery time. If the delay exceeds three weeks, we have the right to withdraw from the contract, in the event of a final impossibility or inability to deliver or perform a service for the reasons mentioned above; we are exempt from these obligations.
d) The agreed or fixed term is met and considered fulfilled when the goods are ready by our side to be picked up, in the case of an agreed mail order ready for dispatch or, in the case of other services we are obliged to perform, ready to fulfill them.
e) In case of our delay in delivering the main subject of the delivery, the customer may withdraw from the contract or, within the meaning of the following provisions, claim compensation only after the expiry of an additional time limit specified in writing, which shall be at least 10 working days after the receipt of the notice was delivered. These rights may be claimed only in written form.
f) If we are entitled to claim damages for non-compliance with the contract by the customer, especially in the case of non-receipt of goods, we have the right to claim damages amounting to 25% of the invoiced amount or contracted value, and we reserve the right to claim damages at this particular amount. The customer is entitled to claim minor damages. If the customer is entitled to compensation, but he does not mind to be compensated, then the amount of compensation is set at a maximum of 5% of the invoiced amount, for this delivery r service. Requirements beyond this framework are expelled as it is not gross negligence or intent.
6) Payment conditions
a) Our invoices are due immediately in full amount. We have the right to refuse payment by check or other non-cash means of payment. Charges, costs, and risk associated with objections in connection with the delayed use of a non-cash payment are borne by the customer in full amount. We will not take the warranty for submission and objections. Payments in foreign currencies will be credited as per the bank’s deduction.
b) From the moment when the payment is delayed, we are entitled to charge a fee for each reminder of € 5.00. Interest due to delay is charged at the basic interest rate of the European Bank increased by 5%. Other rights remain unaffected.
c) When a customer fails to fulfill his payment obligations, notably when not paying checks, by late payments, suspensions or unsuccessful enforcement measures, even if executed by a third party, we are entitled to demand the immediate reimbursement of all open debts, including bills of exchange, regardless of the agreed deadlines and in respect of all other contracts, require a prepayment or a cash guarantee, as well as suspend all outstanding claims and performance of services until all open accounts have been redeemed and settle. d) The customer does not have the right to claim against us our claims or the claims of the third party if they are denied or not recognized by us as lawful. For bilateral transactions, the retention right is inadmissible. In other cases, the retention right is inadmissible. In other cases, the right of retention is excluded, unless the claim is based on the same contractual relationship.
e) The credit policy applies to the rules of the relevant creditor bank.
7) Retention of title
Goods remain in our possession until all our claims, including subordinate claims, claims for reimbursement, cost of financing, and reimbursement of checks, have been settled.
As of the warranty, the law applies to newly manufactured goods and services. If a customer sells the delivered items by us on a third party, he is not allowed to refer a third party to us for a warranty related to it or already provided by law under the contract. The customer is obliged to check our deliveries and services immediately after delivery to see if they conform with the contract, to the extent of consequences and reasonably priced, even when the delivery as per his request has been delivered to third parties. In case of obvious defects in our delivery of new products or services, these must be claimed in writing within one week of the date of delivery or service, later complaints of obvious defects are excluded and not allowed. After this period, the delivered goods are considered to have been taken over without any deficiencies. Claiming a delivery does not entitle you to refuse further supplies under the same or another contract. We do not accept warranty on defects resulting from improper or laic handling, storage, its use and use of inappropriate accessories, inappropriate changes to the product, after interference with the interior, in case of force majeure and overloading of mechanical parts. The usual deviations in the quality, appearance, color, dimensions, weight, or equipment due to market or technical reasons must be accepted.
a) Claims for damages, irrespective of their legal merits, in particular, claims for misalignment of contractual obligations, due to failure in negotiating the contract as well as for other offenses against the contract and illegal acts are excluded unless the damage has been caused by our intentional or grossly negligent breach of duties.
b) Compensation for Customers of the Slovak Republic, furthermore as of Civil Code of the Slovak Republic, lacking guaranteed properties, delayed fulfillment or liability for incompetence and according to the statutory guarantee for products according to Product Liability Act as well as breach of warranty and principal obligations are valid and are not limited by article 9a).
On the webpage zamyslimesa.eu
a) through order sent to email address firstname.lastname@example.org) by selection and adding to basket set up in e-shop of particular
11)Payment and delivery of goods in the selected e-shop
The delivery time is 2 to 15 working days depending on the complexity of the ordered product or its presence at the distributor’s warehouse. The displayed product always has a valid delivery time for this particular item. The Distributor reserves the right to prolong this period for the higher amount of products ordered by the aliquot period needed for the production and delivery of the products. Payment for goods or services can be made:
a) via the PayPal payment system (the system also supports debit or credit card payment)
b) by transfer to the Distributor’s account No. IBAN SK30 1100 0000 0029 4102 0467 set up in Tatra banka a.s. SWIFT/ BIC: TATRSKBX
c) on delivery at the moment of delivery of theshipment.For payment by transfer, it applies that the delivery time and the prepaid payment to the distributor’s account = expedition.
Any natural person or legal entity.
Studio OMB s.r.o, Ident. Company No. 36841072, VAT No: SK2022456656, VAT No.:2022456656,
Registered office: Račianska 88 B, 831 02 Bratislava, the Slovak Republic
registered: District Court of Bratislava I., section Ltd., Insert no. 69198 / Bemail: email@example.com mobile contact: +421 948 444 940
14) Distributor at this moment commits to:
a) Deliver the product or goods as stated in the buyer’s order
b) Do not change the price of the ordered product or goods
c) Deliver the product or goods undamaged and originally wrapped
d) The delivery periods are modified by Article 5 of these General Terms and Conditions
e) Deliver also the tax document (in case of an e-book, send it to the e-mailaddress of the customer)
15) Buyer at this moment commits to
Read and gain the understanding of General Terms and Conditions of Distributor
16) Delivery of product or goods bought in the e-shop
By post or courier, pick up in person has to be agreed with the distributor.
The customer is required to check the contents of the delivery and not to take it over if it is damaged
If the customer notices the signs of damage, write down the damage report and the rejection of the takeover with the courier.
Damage to product or goods while transportation is necessary to be claimed within 24 hours.
17) Complaint and warranty
We provide statutory warranty on products under current EU regulations.
18) How to claim damaged goods
If you purchased the goods and it is due to any reason damaged, you are entitled without any issues to claim it within 24 months from the date of receipt of the goods.
Warranty does not apply to errors caused by improper use and misuse of the product, or due to the natural wearing process of the product. In case you have not been delivered complete goods in order, immediately contact us after opening the package, either by mail or by phone. If the shipment was damaged, fill in the protocol together with the courier, we also recommend taking a picture of the consignment before it is opened. These facts will then be verified. All shipments are packed under strict safety conditions. No additional complaints will be further accepted.
If you want to claim goods, you need to pack it carefully and send it along with a claim form that you can find HERE (by registered mail, not on delivery) at our address:STUDIO OMB s.r.o, Šafárikovo námestie 7, 811 02 Bratislava
19) Sending of damaged goods
a) The goods should be carefully packaged. Within the delivery of goods to us we are not liable for any loss of goods on the way – it is the customer’s duty to pack the goods so that they will not be damaged or lost.
b) Ship by registered mail, not by payment upon delivery. In the
the case of sending the goods on the delivery note, it will not be retrieved
c) We recommend attaching a copy of the invoice and the reasons for the claim to the complaint.
By this, you can fasten the overall claim process.
20) Our duties within the claim process
- a) In case of a rectifiable error claim, the goods will be repaired or exchanged for the same kind of goods
- b) In case of a claim of irreparable error, the goods will be exchanged for goodsof another kind in the same or similar price range.
- c) Whenclaiminganunrepairableerrorandyouwillnotbeabletochooseanother item of our product range, you will be refunded by us.
- d) When claiming a damaged item, you do not pay the postage fee forresubmitted goods.
- e) Complaints will be resolved within 30 days of the physical receipt of theclaime goods, We recall the complaints in the order they were delivered tous.
21) Return of the purchased product or goods
If you find that our product or goods do not meet your expectations, you can return it within 14 days, choose a different product or goods or withdraw from the contract. The period begins to take place by taking over the product or goods or by concluding the contract. You can apply this right using the form available at www.viabijou.com. If you do not choose another product or goods, we will refund your money, the cost of returning the product or the goods will be covered by you.
This provision does not apply to e-books (check the point no. 9 of this form and Article17 of the GTC), nor of the classical books, we supply in the protective packaging.
The right of withdrawal does not have an entrepreneur with an Ident. Company Number. However, the Product and the Goods must not bear traces of use.
22) E-products (for downloading)
Accessing of Electronic Content: After paying for the Distributor e- Product the price, this will make the Electronic Content available to the Client. Accessibility is understood as technical enabling the download of electronic content over the Internet solely and exclusively via supported devices and software. The electronic content for the customer shall be made available after its availability. From the time of downloading the electronic content, the obligations of the customer consider as to be fulfilled.
Use of electronic content.
The Distributor provides the non-exclusive right to The Customer to retain an adequate number of permanent copies of the given electronic content, to view, use and display this electronic content indefinitely, only for its own personal, non-commercial use. Electronic content will be considered to be by the distributor licensed to the customer unless the customer specifies otherwise.
Restrictions. Unless stated otherwise, electronic content is copyrighted by Act on Copyright. The Customer may not sell, rent, lend, distribute, transmit, sublicense, or otherwise assign rights to electronic content or any portion thereof to any third party, may not delete descriptions or labels relating to ownership in the electronic content. Customer must not circumvent, modify, disable or remove protection, or the ISBN that protects electronic content. He will not allow a third person to perform these activities leading to a violation of this article.
Prohibition of illegal use and reservation of rights. The customer can not use the service or electronic content for any illegal purpose. The Customer acknowledges that the use of the service and the payment for the license for the use of electronic content does not transfer the intellectual property of the author or any of its distributors. All parts of the electronic content are licensed, not sold, and such license is non-exclusive.
Warranty Statement. The Customer acknowledges and agrees that he uses the service and the electronic content at his own risk. The Distributor is not responsible for any damages that may arise in connection with the use of the Service or electronic content by the Customer. Service electronic content, or parts thereof, are provided in the current state, with possible defects to appear and without warranty. All fees incurred in connection with the service are final, and the customer is not entitled to their refund unless the Distributor specifies otherwise.
23) Final provisions
a) In the case of a contract with registered businesses, the registered seat of our company is the place of performance for the contractual obligation of the customer, especially for the payment.
b) The competent courts of the Slovak Republic are the competent court to reach out to if needed. We are in any case entitled to sue at the place of thecustomer’s headquarters or the location of its branch office.
c) The entire contractual relationship is subject to the law of the Slovak Republic with the exclusion of the United Nations International TradeAgreement(CISG).
d) We are authorized to store and use data obtained in business
relationships, according to the rules given by Act no. 428/2002 Coll. on the protection of personal data. Personal data will not be given to any third parties and will only be managed for the needs of a distributor in his information system. Provision of personal data by the customer is voluntary and optional, and the customer may at any time object in writing their further processing in the Distributor’s Information System. Additionally, our services are also regulated by Customer provides personally identifiable information to the Distributor pursuant to ” Regulation of European Parliament and Council (EU) 2016/679 as of 27 April 2016 on the protection of individuals with regard to processing personal data and the free movement of such data, which repeals Directive 95/46 EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) and Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws (hereafter “Personal Data Protection Act”) to provide services within Service.
The provisions we govern about the GDPR can be found here.
e) If the individual provisions were, or become, invalid or countervailable, the other provisions remain unaffected and need to be clarified or supplemented in such a way that, as legally as possible, it achieves the intended economic purpose as accurately as possible. It also applies to any gaps that need to be filled.
f) We reserve the right to change these General Terms and Conditions at any time
g) These GTC enter into force on August 1, 2018, while abolishing previous business terms and conditions and are publicly available www.zamyslimesa.eu