TERMS & CONDITIONS

of Selling Products and services through an online store located at www.photowood.net

Article 1

 

1.1. These Terms and Conditions  of the seller - Pavol Krčmár - ALTA, with the place of business Horné Židiny 13242/18, 83102 Bratislava - Nové Mesto, identification number: 34444297, registered in the Trade Register maintained by the District Office Bratislava, number of the Trade Register: 105-16778 (hereinafter referred to as the "Seller"), in accordance with the provisions of Act no. 40/1964 Coll. as amended (hereinafter referred to as the “Civil Code”), cover mutual rights and obligations of the Parties arising out of or in connection with the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Internet of the Seller. The online store is operated by the Seller on a website located at www.photowood.net (hereinafter the "website") via the website interface (the "web interface").

 

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase the goods from the Seller is a legal person or person acting in the course of ordering the goods in the course of his business or in his own profession.

 

1.3 Provisions other than the Terms and Conditions may be provided in the Purchase Agreement. Provisions agreed differently in the purchase agreement take precedence over the Terms and Conditions.

 

1.4. Terms and Conditions are an integral part of the purchase agreement.

 

1.5. The wording of the Terms and Conditions may be changed or amended by the Seller. This provision is without prejudice to rights and obligations arising during the effect period of the previous version of the Terms and Conditions.

 

Article 2

 

2.1. The whole presentation of goods placed on the web interface of the shop is informative and the Seller is not obliged to conclude a purchase contract regarding this goods.

 

2.2 The web interface of the store contains information about the goods, including the prices of each type of goods. The prices of the goods are shown including value added tax and all related charges. Goods prices remain in effect as long as they are displayed in the store's web interface. This provision does not limit the Seller's ability to conclude a purchase contract under individually agreed conditions.

 

2.3 The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. Information on costs associated with packaging and delivery of goods listed in the web interface of the shop are divided by regions of the Slovak Republic and other countries of the European Union.

 

2.4 To order the goods, the Buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:

2.4.1. ordered goods (the Buyer places the ordered goods in the electronic shopping cart of the web interface of the shop),

2.4.2. methods of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

2.4.3. information on the cost of delivery (hereinafter referred to as "order").

 

2.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, even with regard to the possibility of the Buyer to detect and correct errors in entering data into the order. The Buyer sends the order to the seller by clicking on the "Order with obligation to pay" button. The information given in the order is considered correct by the Seller. Within 24 hours of receiving the order, the Seller shall confirm its receipt to the Buyer by e-mail to the e-mail address specified by the Buyer in the order (hereinafter referred to as the "Buyer's e-mail address").

 

2.6 The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order (for example in writing, by mail or by phone).

 

2.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the accepted order (acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.

 

2.8 The Buyer agrees to use the means of distance communication to conclude the purchase agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are borne by the Buyer.

 

2.9 Delivery of goods is possible within the Slovak Republic, and to selected countries of the European Union and Norway.

 

Article 3

3.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:

- cashless via Paypal payment system;

- transfer to a bank account.

 

3.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price is further understood to include also the cost of delivery.

 

3.3 Any discounts on the price of the goods provided to the Buyer by the Seller may not be combined if the Seller and the Buyer do not agree otherwise.

 

3.4. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer regarding payments made on the basis of the purchase contract. The Seller is not a payer of value added tax. The tax document - invoice will be issued by the Seller to the buyer after the price of the goods has been paid and will be sent in electronic form to the Buyer's e-mail address.

Article 4

 

4.1. The Buyer acknowledges that it is not possible to withdraw from the purchase contract for the supply of goods that have been created or modified as required by the Buyer, from the purchase contract for the delivery of perishable goods, as well as for goods that were irrevocably mixed with other goods after delivery, from the purchase contract for the delivery of goods in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygiene reasons and from the purchase contract for the delivery of the audio or video recordings or computer program if the original packaging has been broken.

 

4.2. If this is not the case in Art. 4.1 of the Terms and Conditions or any other case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; when several parts of the goods are to be delivered, this period runs from the date of receipt of the last part of the goods delivery. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the Seller. The Buyer may send the withdrawal from the purchase agreement to the address of the Seller or the e-mail address of the Seller (store@photowood.net).

 

4.3. In the case of withdrawal from the contract under Art. 4.2 hereof, the purchase agreement is cancelled from the beginning (ex-tunc). The goods must be returned to the Seller by the Buyer within fourteen (14) days of delivery of the withdrawal to the Seller. In the event of withdrawal from the purchase contract by the Buyer, the Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.

 

4.4 In the case of withdrawal from the contract under Art. 4.2 hereof the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase agreement in the same manner as the Seller received them from the Buyer. The Seller is entitled to return the funds provided by the Buyer in different manner, if the Buyer agrees with such manner and the Buyer does not incur additional costs in connection with such manner of funds return. If the Buyer withdraws from the purchase contract, the Seller may postpone return of the received funds to the Buyer until the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.

 

4.5 The Seller is entitled to unilaterally set off the claim for damages incurred on the goods against the Buyer's claim for the refund of the purchase price.

 

4.6 In cases where the Buyer has the right to withdraw from the purchase contract, the Seller is also entitled to withdraw from the purchase contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the bank account specified by the Buyer, unless the Seller and the Buyer agree on different way of refunding the purchase price.

 

Article 5

 

5.1. If the delivery is agreed upon special request of the Buyer, the Buyer bears the risk and any additional costs associated with this manner of delivery.

 

5.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

 

5.3. In the event that for reasons on the side of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with another delivery method.

 

5.4. When accepting the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, he is obliged to notify the carrier immediately. In the event of a breaking of the packaging, the Buyer does not have to take over the shipment from the carrier.

 

5.5 Other rights and obligations of the parties in the transport of the goods may be governed by the specific terms of delivery of the Seller if issued by the Seller.

 

Article 6

 

6.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the respective generally binding legal regulations.

 

6.2. The Seller is responsible to the Buyer for the goods to be delivered without defects. In particular, the Seller is responsible to the Buyer for, at the time the goods are taken over by the Buyer,:

6.2.1. the goods have properties that the parties have agreed and, in the absence of an agreement, the properties that the Seller or the manufacturer has described or which the Buyer has expected with regard to the nature of the goods and the advertising,

6.2.2. the goods are suitable for the purpose stated for their use by the Seller or for which goods of this kind are usually used,

6.2.3. the goods correspond to the quality or execution of the agreed sample or template, if the quality or design was determined by the agreed sample or template,

6.2.4. the goods are in appropriate quantity, measure or weight and

6.2.5. the goods comply with legal requirements.

 

6.3 Provisions referred to in Art. 6.2 hereof shall not apply to goods sold at a lower price for a defect in respect of which the lower price was agreed, for the wear of the goods caused by its normal use, for the used goods for a defect corresponding to the use or wear that the goods had during the Buyer's takeover, or the nature of the goods.

 

6.4 In the event of a defect occurring within six months of receipt, the goods shall be deemed defective at the time of receipt. The Buyer is entitled to exercise the right of defect that occurs on consumer goods within twenty-four months of receipt.

 

6.5. The rights of defective performance may be exercised by the Buyer at the Seller's address at his place of business, as well as in writing or by e-mail (store@photowood.net).

 

6.6 Other rights and obligations of the parties related to the Seller's liability for defects may be governed by the Seller's claims policy.

 

Article 7

 

7.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

 

7.2 Consumer complaints are handled by the seller via e-mail store@photowood.net. The Seller sends the information about the Buyer's complaint to the Buyer's e-mail address.

 

7.3. An out-of-court settlement of consumer disputes from a purchase contract may be led by the relevant Slovak Trade Inspection.

 

7.4. European Consumer Centre in the Slovak Republic, with its registered office at Mlynské nivy 4924 / 44A, 82715 Bratislava, web address: https://esc-sr.sk/ is a contact place under Regulation (EC) No 524/2013 of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 1782/2003 And Directive 2009/22 / EC (Regulation on consumer dispute resolution online).

 

7.5. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection performs supervision of compliance with Act no. 250/2007 on Consumer Protection, as amended.

 

Article 8

 

8.1. The protection of personal data of the Buyer, who is a natural person, is governed by Act no. 18/2018 on Personal Data Protection, as amended.

 

8.2. The Buyer agrees with processing of the following personal data: first and last name, delivery address, billing address, email address, phone number (hereinafter collectively referred to as "personal data").

 

8.3. The Buyer agrees with processing of his personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining a user account.

 

8.4. The Buyer acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform the Seller of the change in its personal data without undue delay if necessary for the execution of the purchase contract.

 

8.5. The Seller may delegate a third party with processing the Buyer's personal data, as a processor. Except for persons transporting the goods, the Seller will not provide the personal data to third parties without prior consent of the Buyer.

 

8.6. Personal data will be processed electronically in an automated manner or on paper in a non-automated manner.

 

8.7. The Buyer confirms that the personal data provided by him is accurate and that he has been informed that providing of the personal data is voluntary.

 

8.8 In the event that the Buyer considers that the Seller or the Processor (Art. 8.5) is processing his personal data in a manner, which is contrary to the protection of the Buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with respect to the purpose of their processing, the Buyer may:

8.8.1 ask the Seller or the processor for explanation,

8.8.2 require the Seller or processor to eliminate such a situation.

 

8.9 If the Buyer requests information about the processing of his personal data, the Seller is obliged to pass it on to him.

 

Article 9

 

9.1. The Buyer agrees with sending of information related to the goods, services or business of the Seller to the Buyer's e-mail address and agrees with sending of commercial notifications to the Seller's electronic address.

 

9.2 Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the Seller's obligations arising from the purchase contract can be fulfilled without using of the so-called cookies of the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.

 

Article 10

 

10.1. The Seller and The Buyer may deliver legal documents in writing or electronically to the Seller's electronic address or the Buyer’s electronic address.

 

 

Article 11

 

11.1. If the relationship established by the Purchase Agreement contains international (foreign) elements, the Parties agree that the relationship is governed by Slovak law.

 

11.2. By choosing the right under Art. 11.1 hereof, the consumer is not deprived of the protection given by the provisions of the law, from which it is not possible to derogate, and which, in the absence of a choice of law, would otherwise be used in accordance with Art. 6 par. 1 of Regulation (EC) No. 1782/2003 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

 

11.3. If any of the terms and conditions hereof is invalid or ineffective, such provisions shall be replaced by provisions whose meaning is as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision is without prejudice to the validity of other provisions.

 

11.4. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form. The purchase contract may be executed in Slovak, Czech and English language.

 

11.5. The Seller‘s Contact Details:

- Delivery address: Pavol Krčmár - ALTA, Horné Židiny 18, 83102 Bratislava, Slovakia

- Email address: store@photowood.net

- Phone: +421905014165

 

 

Bratislava, 1 July 2019

v06.22

Provider of the store:

Pavol Krčmár - ALTA

Horné Židiny 18

83102 Bratislava, Slovakia

Store policies:

Terms & Conditions

Return Policy

Privacy Policy

Free delivery.

Pay by card, Paypal or bank transfer.

Contact:

E-mail: store@photowood.net

Telephone: +421905014165

www.photowood.net

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