Claims and Returns

Duration and Termination of the Contract

1.        The contract is concluded for a definite period, specifically until both contracting parties have duly fulfilled their obligations arising from the purchase contract and the Terms and Conditions, which form an integral part thereof.

2.        The contract terminates upon:

a)        fulfillment of the obligation,

b)        written agreement of the contracting parties,

c)         withdrawal from the contract,

d)        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 Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises and on Amendments to Certain Acts, as amended.

4.        A buyer who is a consumer is entitled, pursuant to Section 7 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises, to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods.

The period for withdrawal from the contract expires:

-      14 days after the date of receipt of the goods,

-      14 days after the date of conclusion of the contract for the provision of services.

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 taking over the last delivered goods,

b)      goods consisting of several parts or pieces are delivered, at the moment of taking over the last part or the last piece,

c)       goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered goods.

5.        The consumer may withdraw from a contract for the delivery of goods even before the start of the withdrawal period.

6.        The consumer cannot withdraw from a contract for which the subject is

a)        the sale of goods manufactured according to the consumer's specific requirements, custom-made goods, or goods intended specifically for one consumer,

b)        the sale of goods enclosed in protective packaging which are not suitable for return for health protection or hygiene reasons and whose protective packaging was broken after delivery,

c)         the sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

d)        the provision of a service if its provision began 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 full provision of the service, 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 the agreed time or within the agreed period.

7.        The consumer may exercise the right to withdraw from the contract under Section 7 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises with the seller in paper form or in the form of a record on another durable medium (e.g., email). The consumer may use the withdrawal form provided/made available to them 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 may use the sample withdrawal form, which is an appendix to the instruction on exercising the consumer's right to withdraw from the contract.

8.        The withdrawal period is considered to be observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period according to Section 7 (1) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services based on a Contract Concluded at a Distance or a Contract Concluded Outside the Seller's Business Premises.

9.        If the consumer withdraws from the contract, the seller will send the consumer an email confirming receipt of the withdrawal.

10.     The burden of proof for exercising the right to withdraw from the contract lies with the consumer.

11.     If the consumer withdraws from the contract, every ancillary contract related to the contract from which the consumer withdrew is also 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 are understood as 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,

§    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 withdrawal notice, to return to the consumer all payments received from them based on the contract or in connection with it, including delivery, shipping and postage costs, and other costs and fees; this does not affect the provision 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 manner as the consumer used for their payment. This does not affect the consumer's right to agree with the seller on a different payment method, provided that no additional fees are charged to the consumer in connection with this.

14.     In the event 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 until 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 no later than 14 days from the date of withdrawal:

A)       to send the goods back to the warehouse address at: Pollux s.r.o., Ľudovíta Stárka 2854, 911 05 Trenčín

or

B)       to hand them over to the seller or 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 collect the goods in person or through a person authorized by them.

The deadline according to the first sentence of this paragraph is considered to be observed:

§    if the goods were handed over for transport no later than the last day of the period,

§    if the goods were handed over at the seller's store no later than the last day of the 14-day period.

The seller reserves the right not to accept goods sent by the buyer cash on delivery.

16.     The consumer is entitled to refuse to return goods acquired under a contract concluded during a sales promotion or in connection with it to the seller until the seller returns the paid price or advance payment for the goods or service to the consumer.

17.     In the event 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 liable only for any decrease in the value of the goods resulting from handling the goods in a manner other than what is necessary to ascertain their nature, characteristics, and functionality.

19.     The seller may withdraw from the contract if they are unable to deliver the goods to the buyer duly 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 their designated account 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 that the seller and the buyer have specified in the agreement 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 a buyer who is an entrepreneur is governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.