General terms and conditions of the online shop www.jarabina.com
I. Introductory Provisions and Definitions
1.1.These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between the company
Business name: Ateliér JARABINA s.r.o.
Headquarters: Ulica Pri Jazere 617, Kvetoslavov, 93041, Slovak Republic
Registered in the District Court Bratislava I, Section Sro, File No. 143115/B
VAT NUMBER: SK2121182932
Bank account: SK95 0900 0000 0051 6836 0053
Seller is a VAT /Value Added Tax/
(hereinafter also referred to as the "Seller") 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 the 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 Distance Contract or a Contract Concluded Off the Seller's Premises, as amended, Act No. 250/2007 Coll. on consumer protection as amended, Act no. 22/2004 Coll. on electronic commerce as amended, Act no. 40/1964 Z.z. 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:
1.1.2.The address for sending documents, complaints, withdrawals from contracts, etc. is:
Atelier JARABINA, Dunajská 40, 81108 Bratislava, Slovak Republic
1.2.These General Terms and Conditions regulate the legal relations between Buyers who are consumers and the Seller.
1.3.The term Internet shop is identical to the term Electronic shop and the term Web site.
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 through the Seller's Web site, does not act within the scope of his business activity.
1.6.The contractual relations (as well as other legal relations that may arise from the contractual relationship) with Buyers acting as legal entities, resp. with natural persons - entrepreneurs acting within the scope of their business activity /Buyers who do not act in the capacity of a consumer/ the provisions of Act no. 513/1991 Coll. Commercial Code as amended.
1.7.For the purposes of these General Terms and Conditions, a distance contract means a contract between the Seller and the Consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the Consumer, in particular through the use of a 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 (hereinafter also referred to as "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 at the same time the operator of the electronic system through which it operates the website on the domain name www.jarabina.com
1.11.The competent authority exercising supervision over legality in the field of consumer protection is:
Inspectorate of the Slovak Trade Inspection
based in Bratislava for the Bratislava Region
Bajkalská 21/A, P. O. BOX no. 5, 820 07 Bratislava
tel. č. 02/58 27 21 72, 02/58 27 21 04
fax no. 02/58 27 21 70
web link for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
1.12.The Buyer may also address complaints or suggestions directly to the Seller at the address specified in clause 1.1.2. these GTC. The Seller also recommends Buyers to address complaints and suggestions (for the sake of expediting the processing) to the Seller's email address: email@example.com
Any complaint or suggestion will be considered and handled 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.
1.13.Within the meaning of §3, par. 1, lit. n), Act no. 102/2014 Coll. The Seller informs the Consumer that there are no special relevant codes of conduct to which the Seller has committed itself to adhere, a code of conduct being understood as an agreement or a set of rules defining the Seller's behaviour, 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.
II. Product order - conclusion of the purchase contract
2.1.The proposal for the conclusion of a purchase contract by the Buyer is the sending of an order for products by the Buyer, mainly by using the Seller's website or by other remote means of communication.
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, which the Buyer has created in accordance with clause 2.1. 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 expire in particular upon fulfilment of all obligations of the Seller and the Buyer.
2.3.1.The purchase contract may also be terminated in other cases defined by the Slovak law, in particular by agreement of the 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 associated with the obligation of payment for the Buyer, in the form of payment chosen by the Buyer.
III. Purchase price and payment terms
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 shall be the euro.
3.3.The purchase price of the goods or services listed on the Seller's Website shall be the total price of the goods or services for all taxes and shall be clearly stated on the Seller's Website.
3.3.1.The purchase price of goods or services does not include transport costs or other costs related to the delivery of products
IV. Payment methods
4.1. You may pay for goods and services on the Seller's Website in the following ways:
4.1.1.payment by bank card through the STRIPE payment gateway - price 0 Eur
V. Delivery of products
5.1. The Seller is obliged to fulfil the order and deliver the Products to the Buyer within a period of no later than 30 days from the date of conclusion of the Purchase Contract in accordance with clause 2.2. et seq. these GTC and payment of the total price of the order to the Seller. If both conditions set out in point 5.1.1. of these GTC (i.e. if up tothe conclusion of the purchase contract and the payment of the total price of the order to the Seller), the Seller is obliged to deliver the products to the Buyer within a period of no later than 30 days from the date of fulfillment of both of these conditions.
The usual period when the Seller dispatches the products is 5 days from the date of payment of the total price of the order to the Seller. In the case of flowers, it is 1 working day from the date of payment of the total price of the order to the Seller.
5.2.The place of delivery of the ordered product is the address specified by the Buyer in the order.
5.3.The Seller shall deliver the Product by its own means to the Buyer (or to a person authorized by the Buyer to take delivery of the Product), or through third parties (shipping and delivery companies).
5.4.The delivery of the product is made upon its receipt by the Buyer (or by the Buyer to the person authorized by the Buyer to receive the product).
5.5.The Seller may send the goods which are immediately available to the Buyer and the remaining part of the order shall be delivered additionally within a period of time which is in accordance with the delivery period according to these GTC, provided, however, that the Buyer does not incur any additional costs due to the Seller's action and only if the Buyer agrees to it.
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, typical for the products or services.
VI. Product downloads
6.1.The risk of damage to the product and liability for damage to the product shall only pass to the Buyer upon its proper acceptance, regardless of whether the Buyer accepts the product personally or through an authorized / authorized third party. The Seller recommends the Buyer to check the order when taking over the order.
6.2.Title to the Products shall pass to the Buyer upon proper acceptance thereof.
6.3.The Seller shall be entitled to due and timely payment of the order price from the Buyer for the delivered goods.
VII. Freight - how products are transported and the cost of transporting them
7.1. Shipping methods and price for shipping of ordered products:
7.1.1. Forms of Transportation:
22.214.171.124.Seller's own transport within the territory of the Bratislava city district
7.1.2.Prices for Transport:
126.96.36.199.Price for shipping via the Packet Service - the Seller shall inform the Buyer about the price on the Seller's website during the purchase process, prior to the conclusion of the Purchase Contract in the section of the choice of transport, as the price for transport cannot be determined prior to the determination of the delivery address of the Products.
188.8.131.52.Price in case of personal collection - price 0 Eur incl. VAT
184.108.40.206.Price for transport by the Seller's own transport within the territory of the Bratislava city district - 6 Eur incl. VAT
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 on the right to withdraw from the contract pursuant to § 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 premises within 14 days from the date of:
a) acceptance of the goods according to 8.1.1. these GTC in the case of contracts, the subject of which is the sale of goods,
(b) the conclusion of a service contract; or
(c) the 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 one order are delivered separately, at the moment of receipt of the goods that were 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 the goods repeatedly over a specified period of time, at the time of acceptance of the first delivery.
8.1.2.If the Seller has provided the Consumer with information pursuant to § 3 par. 1 lit. (h), Act no. č. 102/2014 Coll. as amended, only subsequently, but at the latest within 12 months from the commencement of the withdrawal period pursuant to clause 8.1. et seq. these GTC, the withdrawal period expires 14 days after the date on which the Seller has subsequently fulfilled the information obligation.
8.1.3.If the Seller has not provided the Consumer with the information pursuant to § 3 par. 1 lit. (h) Act. č. 102/2014 Coll. as amended, nor within the additional time limit within the meaning of point 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 withdrawal period has started.
8.2.The Consumer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal from the contract. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by him. The time limit under the first sentence shall be deemed to have been complied with if the goods have been handed over for carriage on the last day of the time limit at the latest. (§10 (1) of Act No. 102/2014 Coll.).
8.3.The Consumer is obliged, if he/she wishes to exercise this right, 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 is sent to the Seller no later than on the last day of the period to the Seller's address, which is:
Atelier JARABINA, Dunajská 40, 81108 Bratislava, Slovak Republic
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 a written form or in the form of a record on another durable medium; if the contract was concluded orally, any unambiguously formulated 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 supplementary contract related to the contract from which the consumer withdrew is also 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 costs and payments referred to in Article 9(9)(a). 3 and § 10 para. 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 the service and if the service has been fully provided.
8.5.By withdrawing from the contract, the parties are obliged to return the services provided to each other. The consumer is liable only for any diminution in the value of the goods resulting from handling which goes beyond that necessary to establish the characteristics and functionality of the goods. The consumer is not liable for the reduction in the value of the goods if the Seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 par. 1 lit. 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 above 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 in accordance with § 10 par. 3 of Act No. 102/2014 Coll., and if he 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, or if he has not fulfilled his obligation under § 3 par. 1 lit. i). 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 provision of § 8 par. 5. Act No. 102/2014 Coll. Act 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.Pursuant to Section 9(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 delivery method other than the cheapest common delivery method 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.Shipments sent in case of withdrawal from the purchase contract as a cash on delivery will not be accepted by the Seller. Buyers are advised to send items by registered mail or similar without specifying the amount of the COD.
8.11.Upon withdrawal from the contract, the consumer shall bear only the costs of returning the goods to the Seller or to the person authorized by the Seller to receive 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 par. 1 lit. 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 par. 3 of Law no. 102/2014 Coll. the exercise of the consumer's right of withdrawal must not result in 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 par. 6 lit. (a) to (l) of Act No. 102/2014. Z.z.
(a)the provision of the service, where the provision of the service has been commenced with the express consent of the consumer and the consumer has declared that he has been duly informed that by expressing that consent he loses the right to withdraw from the contract once the service has been fully provided, and where the service has been fully provided,
b)the sale of goods or 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 specific requirements of the consumer, made-to-measure goods or goods intended specifically 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 damaged after delivery,
(f) the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
g)sale of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, whereby their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which cannot be influenced by the Seller,
(h)the performance of urgent repairs or maintenance expressly requested by the consumer from the Seller; this does not apply to contracts for services and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the Seller's visit to the consumer and the consumer did not order these services or goods in advance,
(i) the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging, if the consumer has unwrapped the packaging,
j)sale of periodicals, except for sales under subscription agreements and sales of books not supplied in a protective cover,
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 otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent.
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 the refund to the consumer is only possible with the consumer's consent.
8.15.Upon withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the consumer pursuant to § 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 § 4 par. 6 of Act No. 102/2014. Z.z. as amended, the consumer is obliged to pay the Seller only the price for the performance actually provided until the date of delivery of the notice of withdrawal from the contract. The price for the actual performance shall be calculated on a pro rata basis based on the total price agreed in the contract. If the total price agreed in the contract is overestimated, the price for the actual performance 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:
220.127.116.11.The Seller has not provided the Consumer with the information pursuant to § 3 par. 1 lit. (h) or point (h) j), Act no. 102/2014 Coll. as amended
18.104.22.168.The Consumer has not given the Seller explicit consent to commence the provision of the service pursuant to § 4 par. 6, 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:
22.214.171.124.The Consumer has not given the Seller explicit consent to start providing electronic content pursuant to § 4 par. 8, Act no. 102/2014 Coll. as amended
126.96.36.199.2.The consumer has failed to declare that he or she has been duly advised that by giving consent under the first clause he or she loses the right to withdraw from the contract; or
188.8.131.52.The Seller has not provided the Consumer with a confirmation in accordance with Art. 1 or par. 2 lit. 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 par. 1. Act No. 102/2014. Z.z., as amended
8.19.The Seller instructs 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 provided in full.
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 request within 30 days from the date of its dispatch by the consumer, the consumer shall have the right to file a proposal 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 authorised legal person 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 on the website 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 an alternative resolution of his/her consumer dispute . Alternative dispute resolution can only be used by the Buyer, who acts as a consumer in the conclusion and performance of the contract. Alternative Dispute Resolution applies only to a dispute between a consumer and the Seller arising out of or related to a consumer contract. Alternative dispute resolution only applies to distance contracts. The alternative dispute resolution body may reject the application 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 alternative dispute resolution 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 amendment and supplementation of certain acts, as amended.
X. Final Provisions
10.1.The Seller reserves the right to change the General Terms and Conditions. The obligation of written notification of a change to the General Terms and Conditions is fulfilled by placing it on the Seller's Web site. 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 conclusion of the Purchase and Sale Agreement until its termination.
10.2.Contractual relations (as well as other legal relations that may arise from the contractual relationship) with natural persons who do not act within the scope of their business activity (consumers) when concluding a purchase contract under these GTC are subject to the general provisions of Act No.40/1964 Coll. Civil Code as amended, as well as special regulations, in particular 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 away from the Seller's business premises and Act No. 250/2007 Coll. on consumer protection.
10.4.These General Terms and Conditions shall come into force and effect upon their publication on the Seller's Website on 20.04.2022
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