Terms and Conditions
TERMS AND CONDITIONS
for the sale of goods
via the jcdesign.sk internet portal
and based on contracts concluded outside the seller's premises
(hereinafter referred to as "Terms and Conditions" in the relevant grammatical form)
Article I.
General Provisions
1. The commercial company
with registered office at Karadžičova 8/A, 821 08 Bratislava
registered in the Commercial Register of the District Court Bratislava I,
section: Sro, file no.: 93144/B,
Company ID: 47 451 751
Tax ID: 2023911043
VAT ID: SK2023911043
Bank connection: VÚB banka
Bank account number: 3197932154/0200
IBAN: SK7402000000003197932154
SWIFT: SUBASKBX
(hereinafter referred to as the "seller" in the relevant grammatical form) is the operator of the internet portal jcdesign.sk located at the internet address http://www.jcdesign.sk and within its scope of business is also authorized to perform:
§ purchase of goods for the purpose of selling them to the end consumer (retail) or to other business operators (wholesale)
§ intermediary activity in the field of trade
§ advertising and marketing services
§ production of simple wooden products, assembly of joinery parts or components from wood into final products and their maintenance
§ design activities
2. The seller also concludes contracts outside its business premises.
3. Seller's contact details:
Jessica Coulture s.r.o.
Karadžičova 8/A
821 08 Bratislava
e-mail: info@jcdesign.sk
phone number: +421 902 899 555
4. A distance contract means a contract between the seller and the consumer agreed and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the seller and the consumer, in particular using a website, email, telephone, fax, direct mail, or offer catalog.
5. A contract concluded outside the seller's premises means a contract between the seller and the consumer
a) concluded with the simultaneous physical presence of the seller and the consumer at a place that is not the seller's business premises,
b) for the conclusion of which the consumer made an offer to the seller at a place that is not the seller's business premises,
c) concluded at the seller's business premises or by means of distance communication immediately after the individual and personal address of the consumer by the seller at a place that is not the seller's business premises, or
d) concluded during or in connection with a sales promotion.
6. The buyer is a consumer or entrepreneur who has concluded a purchase contract with the seller, the subject of which is the transfer of ownership of goods for an agreed purchase price (hereinafter referred to as the "buyer" in the relevant grammatical form).
7. An interested party is a consumer or entrepreneur who has requested more information about a product/products by filling out the contact form, or has asked the seller other questions.
8. A newsletter subscriber is a consumer or entrepreneur who has requested to receive marketing offers, newsletters, information about offered services, products, and news.
9. The buyer, interested party, and newsletter subscriber are collectively referred to as the "customer" or "customers".
10. A consumer contract is any contract, regardless of its legal form, concluded by a supplier with a consumer.
11. A consumer , within the meaning of Section 2 lit. a) of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as "Consumer Protection Act"), is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity, employment, or profession.
12. The purpose of these Terms and Conditions is to define the rights and obligations of the contracting parties arising from contracts concluded with the seller, to provide information in accordance with Section 3, Paragraph 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws, as amended, and other relevant legal regulations, as well as to define the rights and obligations of the parties arising from subscribing to newsletters.
13. These Terms and Conditions are binding on every customer.
14. These Terms and Conditions are published and accessible on the website www.jcdesign.sk and thus allow for their archiving and reproduction by customers.
15. A consumer who orders products and/or services outside the seller's premises agrees that these Terms and Conditions, as well as related confirmations and information , in accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises , will be provided to them by the seller immediately after signing the order, via email.
16. By sending a completed order or a completed contact form or a completed newsletter subscription form, the customer confirms that they have read and understood these Terms and Conditions of the seller and that they agree to the Terms and Conditions.
17. The seller communicates with the customer mainly, but not exclusively, through the jcoulture.com internet portal and through email: info@jcdesign.sk or the email of the seller's authorized person, which is listed in the "Contact" section and, in matters of complaints and complaint procedures via email: info@jcdesign.sk
18. The supervisory authority for the seller's activity is:
SOI Inspectorate (Slovak Trade Inspection) for Bratislava Region
Prievozská 32, P.O. BOX 5
820 07 Bratislava 27
Supervisory enforcement department: phone no.: 02/58272172, 02/58272104, fax no.: 02/ 58272170
Article II.
Conclusion of a contract
1. The customer has the right to conclude a purchase contract with the seller under the conditions published on the jcoulture.com internet portal, the conditions stipulated by these Terms and Conditions and the relevant generally binding legal regulations. The arrangements in the contract agreed between the seller and the buyer deviating from the Terms and Conditions shall always take precedence over the wording of these Terms and Conditions. The specification of the goods is stated on the jcoulture.com internet portal.
2. Goods offered on the jcoulture.com internet portal are ordered by the customer from the seller by means of a completed and submitted order through the seller's internet portal. The seller also offers services (assembly services and/or interior design (hereinafter referred to as "services" in the relevant grammatical form)).
3. Registration is not required to purchase goods through the jcoulture.com internet portal.
4. When purchasing, the buyer selects goods based on the current offer and confirms it by clicking "buy". After selecting the number of pieces of the chosen goods, the buyer will go to the Shopping Cart page by clicking "view cart". After completing the selection of goods, the buyer chooses the delivery method. By clicking "review and order", the buyer will see a summary of the order. After filling in the details, payment method, and possibly a delivery address different from the billing address, the buyer has the opportunity to review and possibly correct the order before submitting it. The buyer definitively submits the order by clicking "ORDER WITH PAYMENT OBLIGATION."
5. An order placed through the website is binding.
6. By sending the order, the consumer confirms that they have been informed that the order includes the obligation to pay the price.
7. A purchase contract is formed by the buyer's submission of a binding order, its acceptance by the seller, and the payment of the full price for the goods, including delivery costs.
8. The subject of the purchase contract is the seller's obligation to deliver the ordered goods to the buyer, including the documents necessary for proper acceptance and use of the goods in accordance with relevant legal regulations, and to transfer ownership of the goods to the buyer for the agreed price, within the term, scope, and manner agreed in the purchase contract, and the buyer's obligation to properly and timely accept the goods and pay the seller the agreed purchase price for the ordered goods within the term and manner agreed in the purchase contract.
9. Confirmation of order acceptance with advance payment method (before taking over the goods) , including payment instructions for the payment of the price for the ordered goods, will be sent by the seller to the customer's email specified in the order without delay. The order is binding only upon the crediting of the price for the ordered goods, including delivery costs, to the seller's account in accordance with Article III, paragraph 6 of the Terms and Conditions. At this moment, the order is considered a contract concluded between the seller and the buyer (purchase contract). The seller will confirm the payment of the price for the goods and the conclusion of the purchase contract to the buyer by email immediately after the said amount is credited to his bank account.
10. Confirmation of the conclusion of the purchase contract will be sent by the seller to the buyer's email specified in the order without delay. The confirmation of the conclusion of the purchase contract includes, in particular, the specification of the goods, the method of delivery (by courier/in person), the place of delivery, the delivery period, the price of the goods including delivery costs (postage, packaging .....), payment terms and instructions, and seller's details.
11. The purchase contract concluded between the seller and the buyer is archived by the seller for a period of at least five years for the purpose of its successful fulfillment and the fulfillment of the seller's obligations arising from specific legal regulations. The purchase contract is not accessible to third unrelated parties.
12. The buyer acknowledges that in case of breach of contractual obligations arising from the purchase contract, they are liable for damages incurred by the seller due to this breach in accordance with Section 420 of Act No. 40/1964 Coll. of the Civil Code, as amended.
Article III.
Purchase Price and Payment Terms
1. The seller is a VAT payer.
2. The price for the goods is listed directly on the jcoulture.com internet portal for each individual item or will be sent by the seller upon request via the contact form. The price for the goods is stated including value-added tax.
3. The seller offers the buyer the following payment methods for the purchase price:
A) advance payment of the purchase price - by bank transfer
4. Postage and packaging, or delivery costs, will be added to the price of the goods according to the selected method and delivery address. The specification of postage and packaging, or delivery costs, for individual delivery methods are listed in Article IV of these Terms and Conditions. The final price is the total price stated in the order form just before submitting the order. The final price includes VAT, other taxes and fees, including postage and packaging, which the buyer must pay to receive the goods. This price can only be changed by mutual agreement of both contracting parties.
5. The consumer buyer has the opportunity to familiarize themselves with the period during which the seller is bound by their offer. The seller is bound by their offer, including the price of the goods, for the entire period of the offer's publication on the website.
6. The customer shall pay the price for the goods, including delivery costs , based on the payment information sent to the customer by the seller via email. The payment information is part of the order acceptance confirmation. Payment information is considered delivered to the customer on the day it is sent to the email specified by the customer in the order.
7. In connection with the completed and sent order, the following applies:
§ the order becomes binding on the seller only after payment is received, unless both parties have agreed otherwise,
§ the customer is obliged to pay the price for the goods, including delivery costs, no later than within five calendar days from the date of delivery of the payment information,
§ if the buyer does not pay the price for the ordered goods, including delivery costs, within five calendar days from the date of delivery of the payment information, the order for the goods will be automatically canceled, i.e., the seller is not obliged to deliver the goods to the customer.
8. After payment of the price of the goods, including delivery costs, the seller will issue an invoice to the buyer along with a payment confirmation. Each invoice issued by the seller will contain the particulars of a proper tax document with a breakdown of each item invoiced, as well as the method of its delivery. The proof of sale, including the price of the goods, is the invoice, which is attached to the shipment and also serves as a delivery note and warranty card. In case of personal collection at the store, the proof of sale is the receipt from the cash register.
Article IV.
Delivery Terms
Shipping and packaging
1. The method of goods delivery depends on the buyer's choice. During the order completion process, the customer will be able to select the method of goods delivery.
2. Goods can be delivered within the Slovak Republic in the following ways:
A) PERSONAL COLLECTION
The customer can pick up the goods at the seller's warehouse address: Pollux s.r.o., Ľudovíta Stárka 2854, 911 05 Trenčín
The goods must be picked up at the seller's registered office address within five (5) calendar days from the day the seller announces that the goods are ready for pickup. If the customer is interested in extending the reservation of the goods, they can ask the seller by e-mail.
B) DELIVERY OF GOODS
Delivery price:
§ the delivery price is calculated as a percentage depending on the quantity of goods purchased
3. In case the buyer is interested in delivery of goods abroad , it is necessary for the customer to send a request for the calculation of costs and delivery time to the e-mail address: info@jcdesign.sk or to request this information by phone at phone number: +421 902 899 555, on working days and between 9:00 AM – 3:00 PM.
4. The goods will be delivered to the address specified by the buyer in the order. The goods will be delivered as soon as possible. The seller undertakes to deliver the ordered goods that are in stock to the buyer within thirty (30) days from the date of conclusion of the purchase contract. Goods that are in stock with the seller are usually delivered within seven (7) days from the date of conclusion of the purchase contract. Goods that are not in stock with the seller are usually delivered within seven weeks (49) days from the date of conclusion of the purchase contract.
5. In the event of selecting the delivery method – personal collection – the buyer will receive an email from the seller informing them from which day the goods are available for pickup. In the event of selecting the delivery method – courier – the buyer will receive an email from the seller informing them of the day when the goods were handed over to the carrier for transport by the seller. The seller is not responsible for delayed delivery of goods due to reasons on the part of the deliverers (courier). The seller is also not responsible for delayed delivery of goods caused by an incorrectly and/or incompletely filled delivery address by the buyer.
6. The buyer is obliged to accept the goods at the agreed place and time in person, or to arrange for their acceptance. The buyer shall confirm the acceptance of the goods in writing on the invoice, which also serves as a delivery note and warranty card.
7. If, due to the buyer's absence at the place specified in the purchase contract, repeated delivery of the goods is necessary, the seller reserves the right to re-deliver the goods to the buyer only after payment of the increased delivery costs.
8. In the event of a breach of the obligation to accept the goods properly and on time, the seller is entitled to compensation for damages incurred by them in connection with this breach in accordance with Section 420 of Act No. 40/1964 Coll. of the Civil Code. After 14 days from the date on which the buyer was obliged to accept the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
9. The seller's obligation to deliver the ordered goods is fulfilled by handing them over to the buyer at the agreed place of performance or at the moment of handing them over to the carrier (transport service) for transport to the destination. The obligation to deliver the goods is also considered fulfilled if the buyer does not take over the goods at the agreed time and place, or refuses to take over the goods. In the event that the buyer does not take over the goods and they are returned to the seller, the seller has the right to withdraw from the purchase contract and demand from the buyer the costs associated with the return of the goods, i.e., the costs associated with the delivery of the goods and their subsequent return shipment.
10. Upon receipt of the goods, the buyer is obliged to check whether the packaging of the goods has been damaged (mechanical damage caused by transport) and whether the goods are free of defects. In case of visible damage to the goods, the buyer is entitled to refuse to accept the goods.
11. In case of damage to the goods, it is necessary to immediately draw up a record of the discovered defects caused during transport with the carrier (courier). If the buyer accepts the goods despite obvious damage to the packaging, the seller will not accept any subsequent complaints for this reason.
12. In case of non-delivery of the goods within the period specified in paragraph 4, third sentence of this Article of the Terms and Conditions, the buyer is entitled to withdraw from the purchase contract.
13. The buyer acquires ownership of the goods upon full payment of the purchase price and its acceptance at the place of delivery. Upon acceptance of the goods, the risk of accidental destruction and accidental deterioration passes to the buyer.
14. If the subject of the contract is the provision of a service, the contract will contain the scope (specification of services), the method of its provision, the place of performance, the time of performance, and the price of the service.
15. If the customer is a consumer and the agreed service is to begin before the expiry of the withdrawal period for the service contract (14 days from the date of conclusion of the service contract) or if the consumer has requested the provision of the service before the expiry of the withdrawal period for the service contract (14 days from the date of conclusion of the consulting service contract) requested:
By submitting the completed order/signing the completed order, the customer:
- acknowledges that by granting consent to commence service provision before the expiry of the withdrawal period, they lose the right to withdraw from the service contract after the service has been fully provided,
- the customer expressly agrees to commence service provision before the expiry of the withdrawal period for the service contract,
- the customer declares that they have been properly informed by the seller that by granting this consent, they lose the right to withdraw from the service contract after the service has been fully provided.
16. If the seller fails to fulfill the contract because they cannot provide the service, they are obliged to inform the customer, who is a consumer, without delay and return the paid price within 14 days, unless the seller and the customer agree on substitute performance.
Article V.
Duration and Termination of the Contract
1. The contract is concluded for a definite period, until both contracting parties have properly fulfilled their obligations arising from the purchase contract and the Terms and Conditions, which form an integral part thereof.
2. The contract terminates:
a) by fulfillment of the obligation,
b) by written agreement of the contracting parties,
c) by withdrawal from the contract,
d) by termination of the seller.
A. WITHDRAWAL FROM THE CONTRACT BY A BUYER WHO IS A CONSUMER
3. Withdrawal from the contract by a buyer who is a consumer is governed by the relevant provisions of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws, as amended.
4. The buyer, who is a consumer, is entitled, in accordance with Section 7, Paragraph 1 of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises, to withdraw from the contract without stating a reason within 14 days from the day of receiving the goods.
The withdrawal period expires:
- after 14 days from the day of receiving the goods,
- after 14 days from the date of conclusion of the service provision contract.
The goods are considered received by the consumer at the moment when the consumer or a third party designated by them, with the exception of the carrier, takes over all parts of the ordered goods, or if
a) goods ordered by the consumer in a single order are delivered separately, at the moment of receipt of the last delivered goods,
b) goods consisting of multiple parts or pieces are delivered, at the moment of receipt of the last part or last piece,
c) goods are delivered repeatedly during a defined period, at the moment of receipt of the first delivered goods.
5. The consumer may withdraw from a contract for the delivery of goods even before the withdrawal period begins.
6. The consumer cannot withdraw from a contract, the subject of which is
a) the sale of goods manufactured according to the specific requirements of the consumer, custom-made goods, or goods intended specifically for one consumer,
b) the sale of goods sealed in protective packaging that are not suitable for return for health protection or hygienic reasons and whose protective packaging was broken after delivery,
c) the sale of goods that, due to their nature, may be inextricably mixed with other goods after delivery,
d) the provision of services, if the provision thereof commenced with the express consent of the consumer and the consumer declared that they were duly informed that by expressing this consent they lose the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
e) the provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services, or provision of services related to leisure activities and according to which the seller undertakes to provide these services at an agreed time or within an agreed period.
7. The consumer may exercise the right to withdraw from the contract according to § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises with the seller in written form or in the form of a record on another durable medium (e.g. by e-mail). The consumer may use the withdrawal form provided/made available by the seller.
When exercising the right to withdraw from the contract, please inform us of your decision to withdraw from this contract by means of an unambiguous statement:
§ by letter sent by post to the seller's registered office address
or
§ by email to the address: info@jcdesign.sk
or
§ by personally submitted written withdrawal to the seller's registered office address.
For this purpose, you can use the model withdrawal form, which is an annex to the consumer's right to withdraw from the contract instructions.
8. The withdrawal period is considered to have been observed if the notification of withdrawal from the contract was sent to the seller no later than on the last day of the period according to § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises.
9. If the consumer withdraws from the contract, the seller will send the consumer an email confirming receipt of the withdrawal from the contract.
10. The burden of proof regarding the exercise of the right of withdrawal from the contract rests with the consumer.
11. If the consumer withdraws from the contract, any ancillary contract related to the contract from which the consumer withdrew shall also be cancelled from the beginning. The consumer cannot be required to pay any costs or other payments in connection with the cancellation of the ancillary contract, except for the payment of costs and payments:
§ additional costs, if the consumer explicitly chose a delivery method other than the cheapest standard delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller,
§ costs of returning the goods to the seller,
§ the price for the service, if the subject of the contract is the provision of a service and if the service has been fully provided.
12. The seller is obliged, without undue delay, no later than 14 days from the date of delivery of the notification of withdrawal from the contract, to return to the consumer all payments received from them under the contract or in connection therewith, including transport, delivery and postage costs, and other costs and fees; this does not affect the provisions of Article V, paragraph 11 of the Terms and Conditions.
13. The seller is obliged to return payments to the consumer according to Article V, paragraph 12 of the Terms and Conditions in the same way that the consumer used for their payment. This does not affect the consumer's right to agree with the seller on another payment method, provided that no additional fees are charged to the consumer in connection therewith.
14. In the case of withdrawal from a contract for the sale of goods, the seller is not obliged to return payments to the consumer according to Article V, paragraph 12 of the Terms and Conditions before the goods are delivered to them or until the consumer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorized by them.
15. The consumer is obliged to, no later than 14 days from the date of withdrawal from the contract:
A) send the goods back to the warehouse address at: Pollux s.r.o., Ľudovíta Stárka 2854, 911 05 Trenčín
or
B) hand them over to the seller or to a person authorized by the seller to take over the goods at the seller's warehouse premises at: Pollux s.r.o., Ľudovíta Stárka 2854, 911 05 Trenčín
This does not apply if the seller proposes to pick up the goods personally or through a person authorized by him.
The deadline according to the first sentence of this paragraph is considered to be met:
§ if the goods were handed over for transport no later than on the last day of the deadline,
§ if the goods were handed over at the seller's store no later than on the last day of the 14-day period.
The seller reserves the right not to accept goods sent by the buyer on cash on delivery.
16. The consumer is entitled to refuse to return goods acquired under a contract concluded during or in connection with a sales promotion until the seller returns the paid price or advance payment for the goods or service to the consumer.
17. In case of withdrawal from the contract, the consumer bears only the costs of returning the goods to the seller or to a person authorized by the seller to take over the goods.
18. The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
19. The seller may withdraw from the contract if he is unable to deliver the goods to the buyer properly and on time, particularly due to stock depletion or unavailability of goods. The buyer will be informed of the order cancellation by phone or email, and the funds will be returned to the account specified by them without delay, but no later than within 14 days, unless otherwise agreed with the seller.
20. The contract also terminates based on a written agreement between the contracting parties on the date specified by the seller and the buyer as the date of termination of the contract.
B. WITHDRAWAL FROM THE CONTRACT BY A BUYER WHO IS AN ENTREPRENEUR
21. Withdrawal from the contract by an entrepreneurial buyer is governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.
Article VI.
Warranty and Warranty Conditions
1. The seller is responsible for defects that the sold item has at the time of the buyer's acceptance. For used items, the seller is not responsible for defects caused by their use or wear and tear.
2. Unless these are perishable goods or used goods, the seller is responsible for defects that appear after the goods are taken over within the warranty period (warranty).
3. The warranty period is 24 months. If a use-by date is indicated on the sold item, its packaging, or the instructions attached thereto, the warranty period shall not expire before the expiry of this date.
4. The warranty period begins on the day the buyer takes over the goods. Warranty service is provided by the seller.
5. The warranty certificate is the proof of purchase – invoice/cash register receipt, which also serves as a delivery note and warranty card.
6. Upon receipt of the goods, the buyer, or a person authorized by them, is obliged to check whether the packaging in which the goods are packed is damaged. In the event of damage, it is necessary to immediately draw up a record of the discovered defects caused during transport with the carrier (courier). The buyer is entitled to refuse to accept a shipment that is not in conformity with the purchase contract.
7. If the buyer accepts the goods despite obvious damage to the packaging, the seller will not accept any subsequent complaints for this reason. The buyer is obliged to notify the seller of incomplete goods or damaged goods within 48 hours of receipt/non-receipt of the shipment, by email at info@jcdesign.sk
The seller undertakes to contact the buyer immediately upon receipt of the complaint and settle the complaint with him as soon as possible, but no later than within 30 days from the date of the complaint.
8. The seller is not liable for:
a) delayed delivery of goods caused by the deliverer (courier),
b) delayed delivery of goods caused by an incorrectly stated recipient address,
c) damage to goods caused by the deliverer (courier).
9. Upon receipt of the goods, the buyer, or a person authorized by them, is obliged to sign the delivery note.
10. The warranty does not cover damages caused by: mechanical damage to the goods, use of the goods in conditions that do not correspond to their temperature, humidity, chemical and mechanical environmental influences, unprofessional handling or neglect of care for the goods, excessive loading or use contrary to general principles, natural elements or force majeure.
11. If the buyer is a consumer, they may claim defects in the goods from the seller within the warranty period in accordance with the complaints procedure stipulated by Act No. 40/1964 Coll. of the Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection, and these Terms and Conditions. The full text of the Complaints Procedure can be found here Complaints Procedure
Article VII.
Alternative Dispute Resolution for Consumers
1. A consumer has the right to approach the seller with a request for redress if they are not satisfied with the way the seller handled their complaint or if they believe that the seller violated their rights.
2. The consumer has the right to submit a proposal to initiate alternative dispute resolution (hereinafter referred to as "proposal") to an alternative dispute resolution entity, if the seller responded negatively to the request according to point 1 of this Article of the Terms and Conditions or did not respond to it within 30 days from the date of its dispatch. The consumer must exhaust all legally available options before contacting the relevant alternative dispute resolution authority, e.g., exercise their right in the complaint procedure.
3. Alternative dispute resolution is a procedure of an alternative dispute resolution body according to Act No. 391/2015 Coll. on alternative consumer dispute resolution and on the amendment and supplementation of certain laws, the aim of which is to achieve an amicable settlement of the dispute between the parties. The parties to the dispute are the consumer who submitted the proposal to initiate alternative dispute resolution, and the seller against whom the proposal is directed. The alternative dispute resolution body is the alternative dispute resolution authority.
4. The proposal is submitted by the consumer to the competent alternative dispute resolution body; the possibility of recourse to the court is not affected thereby. The competent alternative dispute resolution body is the Slovak Trade Inspection and a legal entity registered in the list maintained by the Ministry of Interior of the Slovak Republic.
5. The proposal must contain:
a) name and surname of the consumer, delivery address, electronic address and telephone contact, if any,
b) precise identification of the seller,
c) a complete and understandable description of the decisive facts,
d) designation of what the consumer is claiming,
e) the date on which the consumer contacted the seller with a request for redress and information that the attempt to resolve the dispute directly with the seller was unsuccessful,
f) a statement that no identical proposal has been sent to another alternative dispute resolution body, no court or arbitration court has ruled on the matter, no mediation agreement has been concluded in the matter, and alternative dispute resolution has not been terminated in the matter by means of alternative dispute resolution, except for termination due to the deletion of the authorized legal entity from the list.
The consumer shall attach to the proposal documents related to the subject of the dispute that prove the facts stated in the proposal.
The proposal may be submitted in written form, electronic form, or verbally for the record. Contact details of the Slovak Trade Inspection:
Delivery address:
Slovak Trade Inspection
Central Inspectorate
Department for International Relations and Alternative Consumer Dispute Resolution
Prievozská 32, P.O. box 29
827 99 Bratislava 27
Address for submitting electronic submissions:
Phone number: +421 2 582 72 123
Fax: +421 2 534 14 996
To submit a proposal, the consumer can use the form, the model of which is set out in Annex No. 1 to Act No. 391/2015 Coll. on alternative consumer dispute resolution and on the amendment and supplementation of certain laws and which is also available on the website of the Ministry of Economy of the Slovak Republic and every alternative dispute resolution body, i.e., also the Slovak Trade Inspection.
6. Reasons for which an alternative dispute resolution body may refuse to resolve a dispute:
- if the consumer submits a proposal after the expiry of one year from the date of receipt of the seller's negative response to the consumer's request for redress or the fruitless expiry of the 30-day period from the date when the consumer sent the seller a request for redress, to which the seller did not respond,
- if the consumer demonstrably did not attempt to resolve the dispute by communicating with the seller before submitting the proposal,
- if the quantifiable value of the dispute does not exceed EUR 20,
- if the matter to which the proposal relates has already been dealt with by the entity and the consumer was informed of the outcome of their submission, and the proposal does not contain any new facts and alternative dispute resolution would, in view of all circumstances, be manifestly inexpedient,
- if, in view of all circumstances, it is clear that alternative dispute resolution could only be conducted with disproportionate effort.
7. During alternative dispute resolution, the consumer cooperates with the alternative dispute resolution body to quickly resolve the dispute.
8. The person to whom the dispute will be assigned must act impartially and independently in resolving it. If the authorized person is aware of circumstances that could affect their impartiality, or if there could be a conflict of interest, they are obliged to inform the participants in this dispute. The authorized person will propose possible alternative solutions to the participants and will strive to guide the entire dispute towards achieving an agreement on its resolution. The proposed agreement will be submitted to both parties involved, and they can decide within a specified period whether they agree with the proposal or not. Such a concluded dispute resolution agreement is binding on the parties to the dispute; the possibility of the parties to the dispute to refer the same matter to a court is not affected thereby.
9. If no agreement is reached between the parties to the dispute and the alternative dispute resolution body, based on the facts it ascertains during alternative dispute resolution, reaches a reasoned conclusion that the seller violated the consumer's rights under consumer protection regulations, it shall terminate the alternative dispute resolution by issuing a non-binding reasoned opinion. The reasoned opinion of the alternative dispute resolution body is not legally binding.
10. The alternative dispute resolution body shall terminate the alternative dispute resolution within 90 days of its initiation. In particularly complex cases, the alternative dispute resolution body may extend the period referred to in the first sentence by 30 days, repeatedly. The alternative dispute resolution body is obliged to inform the parties to the dispute without delay of any extension of the period referred to in the second sentence, stating the reason for the extension.
11. The initiation of alternative dispute resolution and the termination of alternative dispute resolution have the same legal effects on the running of the limitation period and the extinction of a right as the exercise of a right in court.
12. Alternative dispute resolution by alternative dispute resolution bodies is free of charge.
Article VIII.
Personal Data Protection and Cookies
1. Protecting your privacy when processing personal data is an important matter for us. We assure you that your personal data will be processed to the necessary extent, securely and professionally, and that it will not be leaked or otherwise misused.
2. The seller has a Security Project that defines the scope and method of security measures necessary to eliminate and minimize threats and risks affecting information systems in terms of disrupting their security, reliability, and functionality. The operator, in accordance with the relevant provisions of Act No. 122/2013 Coll. on personal data protection and on the amendment and supplementation of certain acts (hereinafter referred to as the "Personal Data Protection Act"), for the purpose of implementing adequate and effective protection of personal data processed in the operator's information systems, has adopted appropriate technical, organizational, and personnel measures, which are contained in the operator's relevant documentation.
3. The seller (operator) processes information about data subjects (buyers) in accordance with Act No. 122/2013 Coll. on personal data protection, as amended.
4. The buyer acknowledges that the seller (operator) processes their personal data without consent in accordance with the provisions of Section 10, Paragraph 3, Letter b) of the Personal Data Protection Act for the purpose of fulfilling their obligations arising from the purchase contract.
5. The customer may grant the operator consent in accordance with the provisions of Section 11 of the Personal Data Protection Act for the processing of their personal data provided in the registration form, contact form, and/or newsletter subscription form for the purpose of sales promotion through marketing offers, newsletters, information about offered services, products, news, organized collection and analysis of data necessary to provide information essential for marketing strategy decisions, statistical information about customers, customer reactions and evaluations, providing discounts, bonuses, and managing loyalty programs, i.e., for marketing purposes.
6. More detailed information on the processing of personal data by the operator can be found in the section “Personal data protection and cookie information.”
Article IX.
Special and Final Provisions
1. The rights and obligations of the seller and the customer are governed by the contract concluded between the seller and the buyer, these Terms and Conditions and supplementary information provided on the portal www.jcdesign.sk and generally binding legal regulations, in particular the Civil Code, Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the seller's premises, as amended, Act No. 22/2004 Coll. on electronic commerce, as amended, and Act No. 250/2007 Coll. on consumer protection, as amended, in the case of a consumer, and the Commercial Code in the case of an entrepreneur.
2. The invalidity of any provision of the contract concluded between the seller and the buyer or the invalidity of any provision of the Terms and Conditions does not affect the validity of the other provisions of the contract or the Terms and Conditions, if such provision is severable. The contracting parties undertake, if necessary, to replace invalid provisions without undue delay with a provision that most closely approximates the purpose of the invalid provision in its content and purpose.
3. The contract constitutes the complete agreement between the seller and the buyer regarding the subject matter of the contract and supersedes all previous agreements, promises, communications, statements, or guarantees, both written and oral, relating to the same goods, unless the contracting parties have agreed otherwise in writing.
4. Contracts are archived by the seller in electronic form and accessible to the buyer upon request.
5. In the event that the contractual arrangements between the seller and the buyer stated in the contract contradict the provisions of the Terms and Conditions, the provisions of the contract