GENERAL TERMS AND CONDITIONS
- BASIC PROVISIONS
- These general terms and conditions (“terms”) govern the rights and obligations between sellers and buyers when selling and buying goods via the online store.
- The seller, the operator of the online store and the supplier of the goods are commercial
DOLCE FELICITA s.r.o. company, with registered office at Tupého 14452/58, Bratislava, 831 01, Slovakia – EU, +421 911 899 932, info@dolcefelicita.com, IČO: 56 257 317, entered in the Commercial Register of the District Court Bratislava I, section Sro, insert no. 143293/B. - The buyer is a consumer or entrepreneur.
- A consumer is a natural person who, when concluding and fulfilling a purchase contract within the meaning of these conditions, he does not act within the scope of his business activity, employment or jobs. For the purposes of these conditions, the buyer – consumer is considered exclusively physical a person over the age of 18; a natural person not meeting this condition is not authorized to enter ordering goods through the online store.
- An entrepreneur is a person registered in the commercial register, a person who does business on the basis of trade license, a person who does business on a basis other than a trade license authorizations according to special regulations or a natural person who carries out agricultural activities production and is registered in accordance with a special regulation. For the purposes of these conditions, entrepreneur is also considered any other person different from the seller, who is not consumers.
- The goods are all products that the seller offers for sale via the Internet trade.
- The online store is the website https://dolcefelicita.com operated by the seller, through which the seller offers the goods for sale. Sale of goods carried out on the basis of a contract concluded between the seller and the buyer at a distance (via the online store). The contract is concluded by placing an order by the buyer and its acceptance by the seller, under the conditions specified in these terms and conditions.
- Legal relations between the seller and the buyer to the extent that they are not regulated directly these conditions, in the case of the buyer – consumer, they are further regulated by Act No. 40/1964 Coll. Civil Code, Act no. 250/2007 Coll. on consumer protection and Act No. 102/2014 Z. from. on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller’s premises, as amended, and in the case of a buyer – an entrepreneur, in particular Act No. 513/1991 Coll. Commercial Code, as amended.
- Control of compliance with legal regulations in the area of consumer protection is carried out by Slovenská trade inspection. The relevant control body for the Bratislava Region is the SOI Inspectorate for Bratislava region, Bajkalská 21/A, P.O. BOX no. 5, 820 07 Bratislava, Department of Supervision.
- BUYER REGISTRATION
- The buyer is entitled, but not obliged, to create a user profile in the online store, through which Fr. i. access information about your equipped and entered orders and their status.
- The buyer enters and saves his data in the user profile according to point 3 of Article III. conditions. Creating and accessing a user profile further requires the creation of a entering an access name and password.
- The buyer is responsible for the completeness and correctness of his data stored in the user profile and is obliged to continuously update them. The buyer is further responsible for the protection of his username and password to the user profile and for all actions performed through the user profile, while he is obliged to inform immediately the seller about any suspicion of misuse of this data.
- The seller is entitled to block or cancel the buyer’s user profile at any time,
even without giving a reason and without prior notice to the buyer. The seller is authorized to perform actions according to the previous sentence especially, but not exclusively, in the case reasonable concern about misuse of the user profile, violation of these terms or generally binding legal regulations by the buyer or any action of the buyer, which or as a result of which damage or other harm may occur to the party the seller, other buyers or third parties.
III. ORDER PRODUCT
- The buyer is entitled to order available goods offered by the seller through online store. The seller does not guarantee the availability of the goods. Availability information the goods, their main characteristics, the total price of the goods including VAT and transport costs, delivery, postage and other costs or fees are always included in the item description.
- The order for goods is entered electronically, through the relevant functionality of the online store – the order form, in which the buyer is obliged to properly and fill in all required information truthfully.
- The buyer – the consumer in the order states his name and surname, address of residence, delivery address (if different from residential address), phone number and email. Buyer – businessman in the order, he will state his business name, registered office address, delivery address (if different from registered office), name and surname of the person placing the order on behalf and on behalf of the buyer – entrepreneur, ID number, VAT number, telephone number and e-mail.
- The order also contains the exact description of the goods, the number of pieces of the ordered goods, the method payments, method of delivery of goods to the buyer and place of delivery of goods.
- The buyer is obliged to familiarize himself with these conditions before placing an order and the information contained therein. Acknowledgment of familiarity with the terms and conditions approval by the buyer is a condition for sending the order.
- The order is considered as the buyer’s proposal to conclude the contract, while its entry occurs by delivery of the buyer’s order through the relevant functionality online store to the seller.
- The seller is entitled, but not obliged, to send the buyer a notice to the buyer’s e-mail about registering the order in the seller’s electronic system. Notice according to of the previous sentence is only informative and does not constitute binding acceptance of the order to the buyer.
- To the acceptance of the order by the buyer and to the conclusion of the purchase contract between the seller and the buyer it only occurs when the confirmation of receipt of the order is delivered by the seller to the buyer’s e-mail. The seller is not obliged to accept the order and can refuse it.
- In the event of a change in the availability, price or other parameters of the goods or their conditions delivery, the seller will send a notification about this fact to the buyer’s e-mail. Notification according to the previous sentence, it represents the seller’s counter-proposal for the conclusion of the contract, while in such a case, the contract is concluded only upon delivery of the buyer’s notification of acceptance of the conditions of delivery of the goods modified in this way to the e-mail address of the seller.
- TERMS OF PAYMENT
- The prices of goods listed in the online store apply exclusively to the purchase of goods through online store.
- The price of the goods does not include the costs of transport and delivery of the goods to the buyer. Information about the amount of costs according to the previous sentence will be available to the buyer via online store always before placing an order, which depends on the chosen method delivery of goods and ordered quantity of goods.
- The seller is entitled, based on his own decision, to offer the goods during the specified period period or until stock is sold out at discounted prices. Information about the amount of the discounted price goods, the duration of the discounted goods offer and any other discounted conditions the offer is listed in the product description.
- The buyer is entitled to pay the purchase price of the goods and other costs associated with transport and by delivering the goods to the buyer in one of the following ways:a. by payment card through the payment gateway available in the online store,
b. cash on delivery, i.e. j. to the carrier when taking over the goods, in cash or by payment card (if the delivery person allows payment by card),
c. payment through the relevant payment system (e.g. SporoPay, TatraPay, etc.)available in the online store, or
d. by cash deposit or non-cash transfer to the seller’s bank account with the indication of additional payment data specified in the invoice delivered by the seller to the buyer in case of choosing this form of payment; in the case of payment in accordance with letter c. or letter d. above will be the goods to the buyer delivered only after the total amount of payment has been credited to the seller’s bank account. - By sending the order, the buyer agrees to the issuance of an electronic invoice by the seller will send to the buyer at the buyer’s e-mail address specified in the order. An electronic invoice is considered for a regular accounting document and will contain all the details required by valid legal regulations.
- DELIVERY CONDITIONS
- The goods will be delivered to the buyer at the place of delivery located on the territory of Slovakia of the republic specified in the confirmed order. In the case of the buyer’s request for the delivery of the goods to abroad, delivery conditions will be agreed individually with the buyer.
- The goods can be delivered directly by the seller or through a third party, in particular carrier or postal company, to the buyer’s delivery address specified in the confirmation order or to the agreed collection point. There will always be available methods of transporting goods listed in the online store, specifying the chosen method of transport and the place delivery will be part of the confirmed order.
- The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him with the exception of the carrier will take over all parts of the ordered goods, or if
a. goods ordered by the buyer in one order are delivered separately, at the moment of receipt goods that were delivered last,
b. delivers goods consisting of several parts or pieces, at the moment of taking over the last one part or last piece,
c. supplies the goods repeatedly during the defined period, at the moment of taking over the first one delivered goods. - Ownership of the goods passes to the buyer upon delivery of the goods and payment of the purchase price in the full amount, whichever occurs later. The risk of damage to the goods passes to the buyer by taking over the goods by the buyer.
- The seller will deliver the goods to the buyer without undue delay, but no later than thirty (30) days after confirmation of the order and full payment of the purchase price, including delivery costs and transport of goods. The delivery times of individual types of goods are listed in the internet trade; these deadlines are indicative in nature. In case the seller is unable to deliver the buyer of the ordered goods within the agreed delivery period, notifies him of this fact without unnecessary delay of the buyer and informs him of the new estimated date of delivery of the ordered item goods or suggests delivery of alternative goods.
- When the goods are delivered to the buyer, they will be packed in accordance with applicable legal regulations.
- The seller will provide the buyer together with the goods in written or electronic form at the latest in the form of all documents necessary for taking over and using the goods, as long as such are not provided documents with regard to the nature of the goods in the sense of applicable legal regulations.
- LIABILITY FOR PRODUCT DEFECTS
- The seller is responsible for any defects in the goods within the meaning of these terms and conditions and relevant ones provisions of Act no. 40/1964 Coll. Civil Code (in the case of a buyer – consumer), respectively Act No. 513/1991 Coll. Commercial Code (in the case of a buyer – an entrepreneur).
- The seller is responsible for defects that the goods have when they are taken over by the buyer. At the goods sold for a lower purchase price, the seller is not responsible for the defect of the goods for which it was negotiated lower purchase price.
- The seller is also responsible for defects in the goods that occur after the buyer has taken over the goods in warranty period. In the case of goods of a food nature, the guarantee period means the date consumption or minimum shelf life date of the goods. Warranty period for goods that do not have character food products, it is 24 months in the case of the buyer – consumer and in the case buyer – entrepreneur 12 months. If it is on the sold goods, its packaging or on the period for use indicated in the attached instructions, the warranty period does not end before the expiration of this period deadlines.
- The warranty period starts from the moment the goods are taken over by the buyer.
- The seller is not responsible for product defects if:
- the buyer caused the defect in the goods himself (e.g. as a result of incorrect storage of the goods,mechanical damage to goods, etc.),
b. before taking over the goods, the buyer knew about the defect in the goods, or he was explicitly and clearly at fault notified and if a discount from the purchase price of the goods was provided due to a defect in the goods,
c. the defect arose during the warranty period as a result of wear and tear of the goods caused by incorrect handling the goods,
d. the protective seals on the goods were broken,
e. the defect in the goods was caused by the intervention of an unauthorized person in the goods or its parts,
f. if the goods are advertised after the expiry of the warranty period or another period within which they have the goods retain their specific properties (expiration date or minimum shelf life).
VII. GOODS COMPLAINT
- If the delivered goods have any defect (in terms of quantity, quality, design or any other characteristics of the goods), the buyer is entitled to complain about the defect in writing to the seller, either by delivering the claim in written form to the address of the seller’s registered office, DOLCE FELICITA s.r.o., Tupého 14452/58, 821 03 Bratislava – Ružinov district, Slovakia – EU or by delivering the complaint in electronic form by e-mail to the e-mail address of the seller info@dolcefelicita.com.
- The written complaint mainly contains the identification data of the buyer in the scope of:
a. name and surname (in the case of the buyer – consumer), or business name and ID number (v in the case of a buyer – an entrepreneur),
b. address of the buyer’s place of residence or registered office,
c. the address of the place of delivery of the goods (if it is different from the address of the buyer’s place of residence or registered office),
d. goods order number,
e. unambiguous identification of the claimed goods,
f. detailed description of the defect in the goods, Mr. the buyer’s preferred claim from the title of goods defect within the meaning of these conditions,
h. date and signature of the buyer. - Together with the claim, the buyer is obliged to deliver the claimed goods and a document to the seller purchase of goods (electronic invoice issued by the seller). For the correct assessment of the claim is it is necessary for the claimed goods to be clean, complete and in accordance with hygiene regulations or generally applicable hygiene principles. The seller is not obliged to accept the claim goods sent to the seller on cash on delivery.
- The complaint is considered to have been properly applied and the complaint procedure begins on the day when the buyer duly delivered to the seller a complete written complaint in the sense of the conditions and the claimed goods together with the proof of purchase of the goods.
- The buyer is obliged to file a claim without unnecessary delay after discovering a defect in the goods, however, at the latest until the warranty period expires, otherwise the buyer’s rights from liability for defects goods will disappear. The buyer must make a claim for defects in goods that spoil quickly no later than the day following receipt of the goods, otherwise the buyer’s rights from liability for defects in the goods they will disappear.
- The seller issues the buyer – consumer a confirmation of the received claim within five days from on the day of its proper application, but at the latest together with the complaint record. Confirmation of the application of the complaint does not have to be delivered if the buyer – consumer has the opportunity to prove making a claim in another way (e.g. via a postal delivery slip proving that the claim was sent to the address of the seller’s registered office).
- In the case of a buyer – consumer, the seller is obliged to determine the method of dealing with the complaint taking into account the buyer-consumer’s preferred claim from the title of goods defect, namely (i) immediately, (ii) in complex cases, no later than 3 working days from the date of application of the claim a (iii) in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the day the claim is made; the seller about the method of handling the claim immediately informs the buyer – consumer (by phone, via SMS – message or by e-mail).
- In the case of a buyer-consumer, the seller handles the complaint immediately, with reasons cases no later than 30 days from the date of proper application of the complaint. After the deadline for processing of the complaint according to the previous sentence, the buyer – consumer has the right to withdraw from of the purchase contract or has the right to exchange the goods for new goods.
- In the case of a buyer – an entrepreneur, the seller will process the claim without undue delay, namely within a period appropriate to the nature of the claimed defect in the goods, usually within 30 days from the proper date application of the claim.
- If it is a defect that can be removed, the buyer has the right to have it repaired free of charge, on time and properly removed. The seller is obliged to remove the defect without undue delay. Buyer – the consumer can request the replacement of the goods instead of removing the defect, or if the defect concerns only parts of the goods, replacement of parts, if the seller does not incur disproportionate costs considering the purchase price of the goods or the severity of the defect. The seller may at his own discretion always replace the defective goods with a faultless one instead of removing the defect, if this does not cause the buyer serious difficulties.
- If it is a defect that cannot be removed and which prevents the goods from being properly used as goods without defects, the buyer has the right to exchange the goods or has the right to withdraw from the purchase contract. The same rights belong to the buyer if the defects are removable, but if the buyer cannot for the reoccurrence of the defect after repair or for a larger number of defects, use the goods properly. If it goes o irremovable defects that do not prevent the goods from being used properly, the buyer has the right to a reasonable discount from the purchase price.
- The seller issues to the buyer a document on the processing of the complaint (complaint record) no later than 30 days from the date of proper application of the claim. The seller sends a complaint record to the buyer to the buyer’s e-mail address specified in the confirmed order.
- If the buyer – consumer applied for a goods complaint within the first 12 months after the purchase, he can the seller can handle the claim by rejecting it only on the basis of a professional assessment. The seller is obliged to provide the buyer – consumer with a copy of the expert assessment of the justification rejection of the claim no later than 14 days from the day the claim was processed.
VIII. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER – CONSUMER
- The provisions of this Article VIII. conditions apply exclusively to the buyer – consumer.
- The buyer – the consumer is entitled to withdraw from the purchase contract and return the delivered goods without notice reason within 14 days from the day of taking over the goods.
- The deadline for withdrawing from the contract is considered to be preserved if the buyer’s notice – the consumer’s withdrawal from the contract was sent to the seller on the last day at the latest deadlines for withdrawing from the contract. Burden of proof on exercising the right to withdraw from the contract borne by the buyer – consumer.
- The buyer – consumer can exercise the right to withdraw from the contract with the seller by sending notices of withdrawal from the contract in written form to the address of the seller’s headquarters, DOLCE FELICITA s.r.o., Tupého 14452/58, 821 03 Bratislava – Ružinov district, Slovakia – EU or in electronic form by e-mail to the seller’s e-mail address info@dolcefelicita.com.
- For the purposes of these terms and conditions, any notice of withdrawal from the contract is understood clearly formulated declaration of the buyer – consumer addressed to the seller, by which the buyer – consumer expresses his will to withdraw from the concluded purchase contract. Notification on withdrawal from the contract should contain at least the following minimum content requirements:
- identification data of the seller in the scope of business name and registered office;
b. identification data of the buyer – consumer in the scope of name, surname, address;
c. goods order number,
d. unambiguous identification of the goods from which the customer withdraws and the date thereof acceptance by the buyer,
e. date and signature of the buyer.
6. The buyer – consumer can always use the form for withdrawal from the contract to withdraw from the contract, the sample of whichcis given in Annex no. 1 of these conditions.
7. The buyer – consumer is not entitled to withdraw from the purchase contract in the following cases:
a. when selling goods that are subject to rapid deterioration or deterioration;
b. when selling goods enclosed in protective packaging, which are not suitable for return for a reason
for health protection or hygiene reasons and whose protective packaging was after delivery of the goods
violated;
c. when selling goods which, due to their nature, may be inseparable after delivery
mixed with other goods;
d. in other cases expressly defined in the provisions of § 7 par. 6 of Act no. 102/2014 Coll.
8. The seller is obliged without undue delay, but no later than within 14 days from delivery of the notice of withdrawal, return to the buyer – consumer all payments from him received on the basis of or in connection with the purchase contract. The seller is not obliged to return to the buyer – the consumer of payment before the goods are delivered to him or if the buyer – the consumer does not prove the shipment of the goods to the seller, except in cases where the goods are is picked up by the seller personally or through a third party authorized by him.
9. The seller is obliged to return the received payments to the buyer – consumer in the same way as used by the buyer – consumer when paying the purchase price. The seller is always entitled to return payments by non-cash transfer to the bank account of the buyer – consumer. This does not affect the right the buyer – consumer to agree with the seller on another method of refunding the payment, if in in connection with that, the buyer – consumer will not be charged any additional fees.
10. The buyer – consumer is obliged no later than 14 days from the date of withdrawal from the purchase contrac tsend the goods back to the seller via postal transport or hand them over to the seller or a person authorized by the seller to take over the goods. When withdrawing from of the purchase contract, the buyer – consumer bears the costs of returning the goods to the seller or to the person authorized by the seller to take over the goods.
11. If, due to the nature of the goods, it is not possible to send the goods back to the seller by post, the seller will arrange for the collection of the goods at the customer’s place at his own expense without unnecessary costs postponement, but no later than within 14 days from the date of delivery of the notice of withdrawal from contracts.
12. In case of withdrawal from the purchase contract, the buyer – consumer is obliged to return the goods To the seller in the same condition in which the buyer – consumer took it over when concluding the purchase order contract (complete and undamaged). Goods that are protected against opening by the manufacturer must not be returned after removal of protective packaging or protective marking. Otherwise, it has the seller is entitled to compensation for damages and/or the right to issue unjust enrichment. - INFORMATION ON THE POSSIBILITY OF ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES
- Provisions of this Article IX. conditions are based on the provisions of Act no. 391/2015 Coll. about alternative resolution of consumer disputes and apply exclusively to the buyer -consumer.
- Alternative Consumer Dispute Resolution (“ADR”) is a procedure aimed at achieving amicable settlement of the dispute between the seller (entrepreneur) and the buyer – consumer a to prevent litigation between these entities. The buyer – the consumer has the right contact the seller with a request for correction if he is not satisfied with the way in which the seller has processed his claim or if he believes that the seller has violated his rights. The buyer – consumer has the right to submit a proposal to start an alternative resolution of the subject’s dispute alternative dispute resolution (“ARS entity”), if the seller, at the buyer’s request – the consumer according to the previous sentence answered in the negative or did not answer it within the deadline within 30 days from the date of its dispatch.
- The proposal is submitted to the relevant ARS entity. The list of ARS entities is available on the website headquarters of the Ministry of Economy of the Slovakia – EU at the link: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/list of subjects-of-alternative-resolution-of-consumer-disputes-1. It is not a submission of a proposal affected possibility of the buyer – consumer to turn to the relevant court. If they are on alternative resolution of the dispute by several relevant ARS entities, the right to choose which of them to submit the proposal to buyer – consumer. The proposal to start an alternative dispute resolution must contain:
a. name and surname of the buyer – consumer, delivery address, e-mail address and telephone contact, if any;
b. exact description of the seller;
c. a full and comprehensible description of the decisive facts;
d. indication of what the buyer – consumer is demanding;
e. date when the buyer – consumer turned to the seller with a request for correction a
information that the attempt to resolve the dispute directly with the seller was unsuccessful;
f. statement that the same proposal was not sent to another ARS subject, he did not make a decision
court or arbitration court in the matter, no mediation agreement was concluded in the matter, nor was there
in the case of the completed alternative resolution of the dispute in accordance with § 20 par. 1 letter a) to e) Act No. 391/2015 Coll. - The buyer – consumer shall attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal. The proposal can be submitted in paper form, in electronic form or orally in the minutes. To submit a proposal, the buyer – consumer can use the form, the sample of which is listed in Annex no. 1 of Act no. 391/2015 Coll. and which is also available on the website Ministry of Economy of the Slovakia – EU and each subject of the ARS. Additional conditions related to ARS is established by Act no. 391/2015 Coll.
- If the buyer – consumer has the impression that his consumer rights have been violated, he is at the same time entitled to file a complaint against the seller via the online filing form complaints under the online dispute resolution platform available at link: http://ec.europa.eu/consumers/odr.
- INFORMATION ON THE POSSIBILITY OF SUBMITTING INITIATIVES AND COMPLAINTS
- In case of any problems, questions, comments, suggestions and complaints, the buyer can contact the seller by sending an e-mail to the seller’s e-mail address info@dolcefelicita.com, by phone at tel. no. or in paper form at the registered office address of the seller DOLCE FELICITA s.r.o., Tupého 14452/58, 821 03 Bratislava – Ružinov district, Slovak republic.
- USING THE ONLINE STORE
- The seller is the authorized operator of the online store operated via the website https://dolcefelicita.com. In accordance with Act no. 185/2015 Z. z. copyright law and other legal regulations in the area of intellectual property rights protection the seller is entitled to exercise all applicable intellectual property rights to the online store and to the website, including their content, visualization, design, all images, as well as all databases forming their content.
- Photographs of the goods shown on the website are of an illustrative nature only, they serve exclusively for the presentation of the seller’s goods and may differ slightly from the real one delivered goods. Photos and description of the goods are supplied to the seller by its manufacturers or suppliers, or they are supplied directly by the seller. All information listed on the Internet on the site, including trademarks, photographs, descriptions and applications, are protected by copyright by law, while any unauthorized use of them to any extent constitutes a violation copyright law.
- Buyers and third parties are obliged to use the online store and the website in accordance with the purpose for which they serve, these conditions, applicable legal regulations and good manners. Buyers and third parties are required to refrain from any and all activities that may cause disruption the correct technical functioning of the online store or website, or lead to the occurrence of damage or other harm on the part of the seller, other buyers or other persons.
- The seller reserves the right to temporarily limit the buyer’s access to the online store for the purpose of updating and/or maintaining the website, even without previous notice. The seller is not responsible for damage caused in connection with temporary inoperability of the online store and/or unauthorized intervention by third parties to the online store and/or website.
XII. PRIVACY POLICY
- The buyer acknowledges and confirms that the seller, when concluding the purchase contract with the buyer and by fulfilling it and in connection with it processes the personal data of the buyer.
- The processing of the buyer’s personal data is carried out in accordance with the European Regulation of the Parliament and of the Council (EU) 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (general regulation on data protection), Act no. 18/2018 Coll. about personal data protection and policies processing of personal data published on the seller’s website https://dolcefelicita.com.
XIII. FINAL PROVISIONS
- These conditions are an integral part of every purchase contract concluded between the seller and buyers. In the event that the seller and the buyer enter into a written purchase contract in which agree on conditions different from these conditions, have the provisions of a written purchase contract precedence over the provisions of these terms and conditions.
- The seller reserves the right to change or supplement these conditions at any time. New the amended terms and conditions take effect and replace the original terms on the date of publication of the new conditions on the seller’s website, if in the new ones the conditions do not specify a later effective date. Amendments to the terms and conditions, however will not in any way violate or limit the buyer’s rights arising from orders confirmed by the seller before the entry into force of the new conditions.
- In the event that some provisions of these terms and conditions are declared invalid, this shall not apply impact on the validity and effectiveness of other provisions of the conditions.
- These conditions take effect on 25.10.2022.