These general terms and conditions (hereinafter referred to as “terms and conditions”) are in accordance with the provisions of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the Basis of a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Supplements to Certain Laws (hereinafter referred to as the “Consumer Protection Act in Distance Selling”).
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
(hereinafter referred to as the “seller”)
These terms and conditions regulate the mutual rights and obligations between the seller and a natural person who enters into a purchase agreement (hereinafter referred to as the “buyer”) through the web interface located on the website available at the internet address www.kambria.sk (hereinafter referred to as the “online store”). The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase agreement take precedence over the provisions of these terms and conditions. These terms and conditions and the purchase contract are concluded in the Slovak language.
Information about the Goods and Prices
Information about the goods, including the prices of each item and its main characteristics, is listed for each item in the catalog of the online store. The prices of the goods are stated as the final price, including all related fees and costs for returning the goods if the nature of the goods makes it impossible to return them by mail. The prices of the goods remain valid for the duration for which they are displayed in the online store. All presentations of goods placed in the catalog of the online store are for informational purposes, and the seller is not obliged to conclude a purchase agreement for these goods. Information about the costs associated with packaging and delivery of the goods is published in the online store. Information about the costs associated with packaging and delivery of the goods listed on the online store applies only if the goods are delivered within the territory of the Slovak Republic. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
III. Order and Conclusion of Purchase Contract
The costs incurred by the buyer in using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, telephone charges) are borne by the buyer. These costs do not differ from the basic rate. The buyer places an order for the goods as follows:
Through their customer account, after prior registration on the website or during their purchase,
By filling out an order form without registration. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery. Before submitting the order, the buyer is allowed to check and modify the information entered into the order. The buyer submits the order to the seller by clicking the “order with an obligation to pay” button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form, and the buyer’s confirmation that they have read these terms and conditions. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order. This confirmation is automatic and does not constitute the conclusion of the contract. The attachment to the confirmation includes the current terms and conditions of the seller. The purchase contract is only concluded upon receipt of the order by the seller. Notification of the acceptance of the order is sent to the buyer’s email address. In case the seller is unable to fulfill any of the requirements specified in the order, the seller will send the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and the purchase contract is concluded when the buyer accepts this offer by confirming it to the seller at the email address provided in these terms and conditions. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives the order acceptance notification from the seller. The buyer can cancel the order by phone at the phone number or via email to the seller’s contact details listed in these terms and conditions. If there has been an obvious technical error on the part of the seller regarding the price of the goods in the online store or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has received an automatic order confirmation according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and the purchase contract is concluded when the buyer accepts this offer by confirming it to the seller at the email address provided in these terms and conditions.
Based on the registration of the buyer carried out on the online store, the buyer can access their customer account. From their customer account, the buyer can place orders. The buyer can also place orders without registration. During registration for the customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The data provided in the user account must be updated by the buyer in case of any changes. The data provided by the buyer in the customer account and when ordering goods is considered correct by the seller. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to their customer account. The seller is not responsible for any misuse of the customer account by third parties. The buyer is not authorized to allow third parties to use their customer account. The seller may cancel the user account, especially if the buyer has not used their user account for an extended period or if the buyer breaches their obligations arising from the purchase contract or these terms and conditions. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.
The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer as follows:
By a non-cash transfer to the seller’s bank account IBAN / SWIFT: SK7883300000002102683112 at Fio banka
By a non-cash transfer to the seller’s account through the payment gateway Besteron.
In cash upon personal collection. Together with the purchase price, the buyer is required to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. If not explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. In the case of cash payment, the purchase price is payable upon the personal collection of the goods. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment service provider. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is considered fulfilled upon the crediting of the respective amount to the seller’s bank account. The seller does not require any advance deposit or similar payment from the buyer. The payment of the purchase price before the dispatch of the goods is not an advance deposit. According to the law on recording of sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online, in case of a technical failure, then at the latest within 48 hours. The goods are delivered to the buyer:
To the address specified by the buyer in the order.
Through a parcel locker to the address of the parcel locker chosen by the buyer.
In-person collection. The choice of the method of delivery is made during the order process. The costs of delivering the goods depend on the method of dispatch and receipt of the goods as specified in the buyer’s order and in the order confirmation by the seller. In case the method of transport is agreed based on the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If it is necessary to deliver the goods repeatedly or in a way other than specified in the order due to reasons on the part of the buyer, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and notify the carrier of any defects immediately. In the event of finding that the packaging has been breached, indicating unauthorized intrusion into the consignment, the buyer does not have to take the shipment from the carrier. The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but at the latest upon the receipt of the goods. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receiving the goods or at the moment when the buyer should have taken over the goods according to the purchase contract but failed to do so.
Withdrawal from the Contract
A buyer who has entered into a purchase agreement outside their business activities as a consumer has the right to withdraw from the purchase contract. If the purchase contract is concluded remotely (through an online store) or outside the seller’s premises, and if the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase contract, the conditions, the deadline, and the procedure for exercising the right to withdraw from the purchase contract, including a withdrawal form from the purchase contract (in accordance with Section 3, Paragraph 1, Letter h of the Act on Consumer Protection in Distance Selling), and if the statutory requirements are met, the buyer has the right to withdraw from the purchase contract without stating a reason and without any penalty.
The withdrawal period from the contract is 14 days from the moment of receiving the goods, provided that the subject of the purchase contract is goods ordered separately, from the moment of receiving the last part or piece if the subject of the purchase contract is several types of goods or the delivery of multiple parts, and from the moment of receiving the first delivered goods if the subject of the purchase contract is goods delivered over a specified period. The buyer acknowledges that, in accordance with Section 7, Paragraph 6 of the Act on Consumer Protection in Distance Selling, they cannot withdraw from the purchase contract in cases including but not limited to:
The provision of a service where the provision began with the express consent of the consumer and the consumer declared that they were properly informed that by giving this consent, they would lose the right to withdraw from the contract after the service was fully provided, and the service has been fully provided.
The sale of goods or the provision of services whose price depends on fluctuations in the financial market that the seller cannot control and that may occur during the withdrawal period.
The sale of goods made to the consumer’s specifications, custom-made goods, or goods specifically intended for a single consumer.
The sale of goods liable to deteriorate or expire rapidly.
The sale of sealed goods that are not suitable for return due to health protection or hygiene reasons and whose protective seal was broken after delivery.
The sale of goods that, due to their nature, are inseparably mixed with other items after delivery.
The sale of alcoholic beverages, the price of which was agreed upon at the time of the contract and whose delivery can only take place after 30 days and whose price depends on market fluctuations that the seller cannot control.
The performance of urgent repairs or maintenance requested by the consumer; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the execution of repairs or maintenance, if they were concluded during a visit to the consumer’s home, and the consumer did not order these services or goods in advance.
The sale of audio or video recordings, computer software, books, or electronic content provided in a protective package if the consumer has opened the package.
The sale of periodicals, except for sales under a subscription agreement, and the sale of books not delivered in protective packaging.
The provision of accommodation services for purposes other than accommodation, the transportation of goods, car rental, the provision of catering services, or the provision of leisure activities services, for which the seller undertakes to provide these services at an agreed time or within an agreed period.
The provision of electronic content other than on a tangible medium if the provision of such content began with the express consent of the consumer, and the consumer declared that they were properly informed that by giving this consent, they would lose the right to withdraw from the contract.
To meet the withdrawal period from the purchase contract, the buyer must send any clear statement expressing their intention to withdraw from the purchase contract within the period specified in Section VI of these terms and conditions.
The buyer may use the withdrawal form from the purchase contract provided by the seller for withdrawing from the purchase contract. The buyer shall send the withdrawal from the purchase contract to the email or delivery address of the seller specified in these terms and conditions. The seller shall confirm the receipt of the form to the buyer without delay.
A buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawing from the purchase contract. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by post. If the buyer withdraws from the purchase contract, the seller shall refund all funds received from the buyer, including the cost of delivery, without undue delay but no later than 14 days from the withdrawal from the purchase contract, using the same method. The seller shall refund the funds received in a different way only if the buyer agrees and if this does not incur additional costs. If the buyer has chosen a method of delivery other than the cheapest standard delivery method offered by the seller, the seller shall refund the cost of the delivery of the goods in the amount corresponding to the cheapest method of delivery offered. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the funds received to the buyer before the buyer hands over the goods or proves that they sent the goods to the seller. The buyer must return the goods to the seller undamaged, unused, and uncontaminated if possible, in their original packaging. The seller is entitled to set off any claim for damages incurred to the goods against the buyer’s claim for the refund of the purchase price. The seller is entitled to withdraw from the purchase contract due to the depletion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall inform the buyer immediately by email at the email address specified in the order, and within 14 days of notifying the withdrawal from the purchase contract, the seller shall refund all funds received from the buyer under the contract, including the cost of delivery, in the same manner or as agreed by the buyer.
Rights from Defective Performance
The seller is responsible for ensuring that the goods are free from defects when taken over by the buyer. In particular, the seller is responsible for ensuring that at the time the buyer took over the goods:
The goods have the qualities that the parties agreed upon, and in the absence of an agreement, they have the qualities that the seller or the manufacturer described or that the buyer expected based on the nature of the goods and the advertisements made by them.
The goods are fit for the purpose for which the seller specifies them for use or for which goods of the same kind are typically used.
The goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template.
The goods are in the appropriate quantity, extent, or weight.
The goods meet the requirements of the legal regulations.
The obligations arising from defective performance are at least in such an extent as the obligations arising from defective performance by the manufacturer last. Otherwise, the buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months from takeover.
If the sold goods, the packaging, the instructions attached to the goods, or the advertisement specify a period during which the goods can be used, the provisions on the warranty of quality apply. The warranty of quality obliges the seller to ensure that the goods remain usable for the customary purpose for a certain period or that they retain their usual properties. If the buyer rightly complains about the defect of the goods, the period for asserting the rights arising from defective performance and the warranty period during which the buyer cannot use the defective goods shall not run for the period during which the buyer cannot use the defective goods.
The provisions mentioned in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it follows from the nature of the goods. The right to assert the right arising from defective performance does not belong to the buyer if the buyer knew that the item had a defect before taking it over or if the buyer caused the defect themselves.
In the case of a defect, the buyer may submit a complaint to the seller and request:
An exchange for new goods.
Repair of the goods.
A reasonable discount from the purchase price.
Withdrawal from the contract.
The buyer has the right to withdraw from the contract:
If the goods have a material defect.
If the item cannot be used properly due to repeated defects or defects after repair.
In the case of a higher number of defects in the goods.
A material breach of the purchase contract is any breach of the purchase contract that the breaching party knew or should have known when concluding the contract that the other party would not have concluded the contract if they had anticipated this breach.
In the case of a defect that constitutes an immaterial breach of the contract (whether it is a remediable or non-remediable defect), the buyer is entitled to have the defect remedied or to receive a reasonable discount from the purchase price. If a removable defect reoccurs after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to request a discount from the purchase price, an exchange of goods, or withdrawal from the contract. When making a claim, the buyer is required to inform the seller of the chosen right. Changing the choice without the consent of the seller is only possible if the buyer requests the repair of a defect that proves to be irreparable. If the buyer does not choose their right from a fundamental breach of contract in time, their rights are the same as in the case of a non-material breach of the contract.
If repair or replacement of the goods is not possible, based on withdrawal from the contract, the buyer may request a refund of the purchase price in full. If the seller proves that the buyer knew about the defect of the goods before taking them over or if the buyer caused the defect themselves, the seller is not obliged to satisfy the buyer’s claim. The buyer cannot complain about discounted goods for the reason for which the goods were discounted.
The seller is obliged to accept a complaint at any facility where it is possible to accept a complaint, or at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised their right, which is the content of the complaint, and what method of complaint settlement the buyer requests, as well as a confirmation of the date and method of complaint settlement, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
The seller or a person authorized by them shall decide on the complaint immediately, and in complex cases within three working days. The time needed for a professional assessment of the defect is not counted towards this period. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. The expiration of this period is considered a fundamental breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is considered the moment when the buyer expresses their will (exercise of the right arising from defective performance) to the seller.
The seller shall inform the buyer in writing about the result of the complaint. The right arising from defective performance does not belong to the buyer if the buyer knew before taking over the item that it had a defect or if the buyer caused the defect themselves. In the case of a justified complaint, the buyer has the right to reimbursement of the purposefully expended costs incurred in connection with the complaint. The buyer may assert this right from the seller within one month after the expiration of the warranty period, otherwise the court may not recognize it. The choice of how to file a complaint is up to the buyer.
The contractual parties can mutually exchange all written correspondence through email.
The buyer sends correspondence to the seller’s email address as specified in these terms and conditions. The seller sends correspondence to the buyer’s email address as specified in their customer account or in the order.
Out-of-Court Dispute Resolution
For out-of-court resolution of consumer disputes arising from a purchase contract, the Slovak Trade Inspection, Inspectorate of the STI for the Košice Region, Vrátna 3, P.O. BOX A-35, 040 65 Košice, Supervision Department, firstname.lastname@example.org, tel. no. 055/729 07 05, 055/622 76 55 is competent. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract. The European Consumer Center of the Slovak Republic, with its registered office at Mlynské nivy 44/A, 827 15, Bratislava, 212, Slovak Republic, website: http://www.europskyspotrebitel.sk, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). The seller is authorized to sell goods on the basis of a trade license. The relevant Trade Licensing Office carries out trade licensing within its scope. The Slovak Trade Inspection carries out, among other things, supervision over compliance with the Consumer Protection Act and the Consumer Protection Act in Distance Selling, within the defined scope.
All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the rights of the consumer arising from generally binding legal regulations. The seller is not bound by any codes of conduct in relation to the buyer in accordance with § 3(1)(n) of the Consumer Protection Act in Distance Selling. All rights to the seller’s website, especially copyright to its content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the website or its parts without the seller’s consent is prohibited. The seller is not responsible for errors resulting from third-party interference with the online store or from its use in violation of its purpose. The buyer may not use procedures that could negatively affect the operation of the online store and may not engage in any activity that could allow them or third parties to interfere with or unlawfully use the software or other components of the online store and use the online store or its parts or software in a manner that is contrary to its purpose or intention. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible. The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions. The annex to the terms and conditions is a sample withdrawal form from the contract, available for download at the bottom of the website www.kambria.sk, in the “Download” section.
These terms and conditions shall become effective on October 18, 2023.