Terms and Conditions - Services

Service Provider:

Business Name: Deklik s.r.o.

Company ID (IČO): 55784861

Registered: Commercial Register of the District Court Košice I, Section: Sro, Entry No. 57910/V

Address: Južná trieda 2881/4B, 040 01 Košice – Juh

Operation and Warehouse of the Online Store: Salón Kambria, Štefánikova 20, Košice – Staré Mesto, 04 001

Contact Information: Email: info@kambria.sk Phone: +421909101266, +421908206347 Website: www.kambria.sk

(hereinafter referred to as “Service Provider”)

 

Supervisory Authority:

 

For out-of-court resolution of consumer disputes arising from the purchase agreement, the competent authority is the Slovak Trade Inspection, Inspectorate of SOI for the Košice Region, Vrátna 3, P. O. BOX A-35, 040 65 Košice, Department of Supervision, ke@soi.sk, tel. no. 055/729 07 05, 055/622 76 55.

 

Preamble:

 

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions for Consumers”) regulate the rights and obligations of the Service Provider and the consumer (also referred to as the “customer”) arising from the service agreement, the subject of which is the provision of services through the Service Provider’s online store website.

 

Article I. General Provisions

 

1.1. For the purposes of this PART I. Terms and Conditions for Consumers, a consumer means a consumer.

1.2. For the purposes of these Terms and Conditions for Consumers, according to § 2, letter a) of Act No. 250/2007 Coll. on Consumer Protection, a natural person who, in concluding and fulfilling the contract, does not act within the scope of his or her business activity, employment, or profession, is considered a consumer.

1.3. To conclude a service agreement and subsequently fulfill the rights and obligations, the consumer shall provide the following personal information in accordance with applicable legal regulations: name, surname, postal and billing address, mobile phone number, email contact.

1.4. The Terms and Conditions for Consumers are an integral part of the service agreement. In the event that the Service Provider and the consumer conclude a written service agreement in which they agree on terms different from these Terms and Conditions for Consumers, their contractual relationship shall be interpreted in accordance with the written service agreement.

 

Article II. Conclusion of a Service Agreement

 

2.1. The service agreement is concluded by the binding confirmation or acceptance of the proposal for the conclusion of the service agreement by the consumer by the Service Provider in the form of a completed and submitted order with the obligation to pay on the Service Provider’s website (hereinafter referred to as the “Order”).

2.2. The binding acceptance of the proposal will be made by the Service Provider no later than within 24 hours after the consumer has submitted the order. The binding acceptance of the proposal will be made by sending an email confirming the acceptance of the order to the consumer’s email address provided when filling out the order. The binding acceptance of the proposal sent by email will be marked as the “Order Confirmation.” In case of a higher price, the Service Provider is obliged to request the consumer’s consent to change the price according to the current price list of the Service Provider before confirming the order. By giving this consent, the contract is considered concluded.

2.3. The electronic mail of the Service Provider sent to the consumer’s email address after submitting his order, marked as “Order Confirmation,” “Order Acceptance,” “Proposal to Amend the Order,” etc., does not have the effect of a binding acceptance of the proposal, i.e., the conclusion of the service agreement, but is only for informational purposes, or it is a new proposal from the Service Provider regarding the possibility of a discount on the price, etc.

2.4. The binding acceptance of the proposal or order contains information, in particular, about the service specifications, the provision of which is the subject of the service agreement, further information about the service price, information about the service delivery deadline, and information about the service provider.

2.5. According to the amendment to Act No. 222/2004 Coll., on Value Added Tax, from January 1, 2013, it is not possible to change the data in an already issued invoice. The data on the invoice can only be changed if the customer has not yet accepted and paid for the service.

2.6. Cancellation of the order is possible until the consumer receives a notice of order acceptance. The order can be canceled by phone or by email.

2.7. Deposit: To confirm a reservation, we may require a deposit. The deposit serves to secure your reserved slot and is also deducted from the total amount for the provided service. The deposit amount may vary depending on the type of service and the total cost, usually being 50% of the service price.

Payment methods for the deposit include cash, credit card, or any other agreed-upon payment method. Details regarding payments and accepted payment methods can be found on our website.

Deposit Refund: The deposit will be fully refunded if you cancel the reservation at least 48 hours before the scheduled date. Cancellation less than 48 hours before the date may result in the loss of the deposit and the reserved slot.

Failure to Honor Reservation: If you fail to adhere to the reserved date without prior notice, there may be a loss of the deposit and the reserved slot. This policy safeguards our capacity and allows us to better accommodate our clients.

 

Article III. Rights and Obligations of the Service Provider

 

3.1. The Service Provider is obliged, in particular:

To ensure that the provided services comply with the applicable legal regulations of the Slovak Republic.

Ensure the consumer’s proper fulfillment of their rights under the service agreement.

Provide the consumer with an invoice confirming the service agreement (also known as “invoice”).

3.2. The Service Provider is not responsible for damages caused by errors in the data provided by the consumer in the order.

3.3. The Service Provider reserves the right to change the prices of services offered in the online store. This provision does not affect the price of the service that has already been confirmed by the consumer.

3.4. The service will be provided in the agreed form or time.

3.5. The Service Provider reserves the right to terminate the service agreement if the consumer uses the service in violation of applicable legal regulations.

 

Article IV. Rights and Obligations of the Consumer

 

4.1. The consumer is obliged to provide the Service Provider with correct and truthful personal information when concluding the service agreement.

4.2. The consumer is entitled to receive a confirmation of the conclusion of the service agreement from the Service Provider (invoice).

4.3. The consumer is entitled to cancel the order and the service agreement until the moment of service confirmation.

4.4. The consumer has the right to withdraw from the service agreement without giving a reason within 14 days of concluding the service agreement. The period for withdrawal from the service agreement begins on the day of concluding the service agreement.

4.5. The consumer is not entitled to withdraw from the service agreement if the service has already been fulfilled. The provision of the service is considered to be fulfilled in the case of:

  1. a) performance and completion of the service by the Service Provider, b) the consumer, with the prior express consent of the Service Provider, has started to use the service.

4.6. The consumer is entitled to withdraw from the service agreement in accordance with these Terms and Conditions for Consumers. The withdrawal from the service agreement must be delivered in writing to the Service Provider no later than on the last day of the period specified in point 4.4. of these Terms and Conditions for Consumers. In case of withdrawal from the service agreement, the service agreement is considered canceled from the beginning.

4.7. The consumer is obliged to pay the Service Provider the value of the fulfilled service, which corresponds to the price of the service agreed in the service agreement.

4.8. Notify about a change or cancellation of the order at least 48 hours before the agreed-upon date. Cancellation less than 48 hours before the date may result in the loss of the deposit or a loss of 50% of the price for the ordered and paid services, as well as the reserved time slot.


Article V. Payment Terms

 

5.1. The service provider is obliged, after the consumer orders a service, to send an invoice to the consumer’s provided email address.

5.2. The invoice is due immediately upon receipt of the pro forma or final invoice. In case of an unpaid invoice or non-credited payment for the ordered services by the agreed delivery date, the service provider reserves the right to change the service delivery date or cancel the order.

5.3. Payment methods:

Bank transfer

Payment by card – in the establishment

Through the Besteron payment gateway

In cash

 

Article VI. Payment for the Service

 

6.1. The consumer is obligated to pay the service provider the pre-announced service fee mentioned in the invoice sent to the consumer, and this can be done by bank transfer, payment card, or in cash at the establishment or through the Besteron payment gateway.

6.2. If the consumer pays the service provider for the service by non-cash transfer or deposit into the service provider’s account, the day of payment is considered to be the day when the entire price is credited to the service provider’s account.

6.3. The consumer is required to pay the price for the service as per the agreement made in the service contract.

 

Article VII. Complaint Procedure (Liability for Errors, Warranty, Complaints)

 

7.1. The service provider is responsible for service errors, and the consumer is obligated to file a complaint immediately with the service provider according to this complaint procedure.

7.2. These General Terms and Conditions for consumers apply to handling complaints.

7.3. This complaint procedure applies to the service purchased by the consumer on the service provider’s e-commerce website. This complaint procedure is valid for all commercial cases unless otherwise agreed.

7.4. The consumer has the right to assert a warranty claim with the service provider only for a service that exhibits errors attributable to the service provider, and it applies to the service purchased from the service provider.

7.5. Complaints are processed by the service provider on business days, either in person, by phone, or in writing. The form for filing a complaint will be determined by the service provider and a sample will be available on its website. The complaint form can be downloaded from the bottom (footer) of the main page at www.kambria.sk. The consumer is obliged to accurately specify the type and scope of defects in the provided services in the form. The complaints process begins when all the following conditions are met:

Submission of the completed complaint form,

Submission of the purchase receipt.

7.6. The consumer may file a complaint at any establishment of the service provider where accepting complaints is possible.

7.7. The service provider or the designated person will provide the consumer with a confirmation of the complaint for service in the form of an email message or in another written form. The service provider is obligated to inform the consumer of their rights arising from Section 622 and Section 623 of the Civil Code. If the complaint is filed through means of remote communication, the service provider is obliged to deliver the confirmation of the complaint to the consumer immediately. If immediate delivery of the confirmation is not possible, it must be delivered without undue delay, but at the latest along with the complaint processing documentation. The confirmation of the complaint does not have to be delivered if the consumer can prove the filing of the complaint by another means.

7.8. Based on the consumer’s decision regarding which of their rights in accordance with Section 622 and Section 623 of the Civil Code they want to assert, the service provider or the designated person is obligated to decide on how the complaint will be handled in accordance with Section 2, letter m) of the Act (providing an appropriate discount on the service price, a written request for taking delivery of the performance, or justified rejection of the service complaint) immediately and in more complex cases, at the latest within 3 working days from the day the complaint was filed, and in justified cases, at the latest within 30 days from the day the complaint was filed. After deciding on how to handle the complaint, the complaint will be processed immediately. In justified cases, the complaint may be processed later, but the processing of the complaint must not take longer than 30 days from the day the complaint was filed. After the deadline for processing the complaint has passed, the consumer has the right to withdraw from the contract or the right to have the service provided again. The service provider will inform the consumer about the conclusion of the complaint procedure and the result of the complaint in the manner agreed upon by both contracting parties (e.g., by email or registered mail), and at the same time, the consumer will receive a complaint protocol. If the consumer files a service complaint during the first 12 months from the date of concluding the service contract, the service provider can process the complaint by rejecting it based on an expert assessment only. Regardless of the result of the expert assessment, the service provider cannot require the consumer to pay the costs of the expert assessment of the service or other costs associated with the expert assessment. The service provider is obligated to provide the consumer with a copy of the expert assessment justifying the rejection of the complaint at the latest within 14 days from processing the complaint.

7.9. The consumer does not have the right to assert the warranty with the service provider, in particular:

Failure to present an invoice and proof of payment,

Not notifying of apparent errors in the service provided,

Expiration of the service warranty period,

Damage to the service caused by the consumer,

Improper handling or operation of the service,

Damage to the service due to unavoidable and/or unpredictable events,

Damage to the service due to accidental damage and deterioration,

Improper interference or other force majeure,

Unauthorized interference in the service by an unauthorized person.

7.10. The service provider is required to process the complaint and conclude the complaint procedure in one of the following ways:

Rectifying the service error,

Providing another new service,

Refunding the payment for the service,

Providing a reasonable discount on the payment for the service,

A written request to take delivery of the performance by the service provider,

Justified rejection of the service complaint.

7.12. The service provider is obligated to issue the consumer a confirmation upon filing a complaint. If the complaint is filed through means of remote communication, the service provider is obliged to deliver the confirmation of the complaint to the consumer immediately. If immediate delivery of the confirmation is not possible, it must be delivered without undue delay, but at the latest along with the complaint processing documentation. The service provider

Article VIII. Personal Data Protection

8.1. The service provider has implemented appropriate technical, organizational, and personnel measures in line with the processing of personal data. These measures take into account the applicable technical means, the confidentiality and significance of the processed personal data, as well as the extent of potential risks capable of affecting the security or functionality of its information systems, in accordance with Act No. 18/2018 Coll. on personal data protection and GDPR regulations, based on these processing rules.

 

Article IX. Termination of Service Provision, Inability to Withdraw from the Service

Provision Agreement After Complete Service Delivery

 

9.1. The service provider is entitled to withdraw from the service provision agreement in the event of unavailability of services or if the service provider has made such significant changes, as agreed in the service provision agreement, that prevented the fulfillment of the service provider’s obligations arising from the service provision agreement or for reasons of force majeure. If, even after making all reasonable efforts that can be fairly expected of it, the service provider is unable to provide the service to the customer within the time limits specified in these terms and conditions or at the price stated on the website, the service provider must immediately inform the customer of this fact and return the advance payment for the service specified in the service provision agreement to the customer within 14 days from the notice of withdrawal. The refund will be made by bank transfer to an account specified by the customer.

9.2. By giving consent for the commencement of the service, the customer loses the right to withdraw from the service provision agreement.

9.3. The customer is not entitled to withdraw from the service provision agreement as stipulated in § 7 par. 6 letter a) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract and on amendment and supplementing of some laws. According to the mentioned provision, “the provision of the service if its provision has begun with the express consent of the customer and the customer has stated that he has been properly informed that by giving this consent, he loses the right to withdraw from the contract after the complete provision of the service.”

 

Article X. Alternative Dispute Resolution

 

10.1. The customer has the right to turn to the service provider with a request for redress if he was dissatisfied with the way the service provider handled his complaint or if he believes that the service provider violated his rights. The customer has the right to submit a proposal to initiate alternative dispute resolution (hereinafter referred to as “proposal”) to the alternative dispute resolution entity if the service provider responded to the request for redress as described above negatively or failed to respond to it within 30 days from the date of its dispatch. The subjects of alternative dispute resolution are authorities and authorized legal entities in accordance with § 3 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes, e.g., the Slovak Trade Inspection. The customer has the right to choose the subject of alternative dispute resolution to which he turns.

10.2. The customer proceeds in accordance with § 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes when submitting a proposal. Alternative dispute resolution can settle a dispute between the customer and the service provider resulting from the consumer contract or related to the consumer contract. The value of the dispute to be settled by alternative dispute resolution must exceed EUR 20. The alternative dispute resolution entity may request a fee for initiating alternative dispute resolution from the customer; this fee must not exceed five euros, including value-added tax. The alternative dispute resolution entity may request the payment of the fee at the same time as sending the notice of the initiation of alternative dispute resolution.

10.3. The customer is entitled to use the Online Dispute Resolution platform (hereinafter “ODR”) to resolve his disputes in a language of his choice. The customer can use the ODR platform for the alternative resolution of his dispute, which is available on the website: http://ec.europa.eu/consumers/odr/

The customer, when submitting a proposal to the ODR platform, fills in an electronic complaint form. The information provided must be sufficient to identify the relevant subject of alternative dispute resolution online. The customer can attach supporting documents to his complaint.

 

Article XI. Final Provisions

 

11.1. If the service provision agreement is concluded in written form, any changes to it must be made in writing.

11.2. Communication between the parties will take place mainly in the form of email messages or postal deliveries.

11.3. Contractual relationships not governed by these terms and conditions for consumers shall be governed by the relevant provisions of the Civil Code, Act No. 250/2007 Coll. on consumer protection, Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance or off-premises contract and on amendment and supplementing of some laws, Act No. 22/2004 Coll. on electronic commerce, and other legal regulations governing the relationship between the service provider and the customer.

11.4. If the customer gives verifiable consent to these terms and conditions for consumers and submits a binding order, the concluded service provision agreement shall be governed by these terms and conditions for consumers unless otherwise agreed by the contracting parties.

Košice 28.01.2024

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