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Terms and Conditions



 

I. General provisions and definitions of basic terms

Purchase of goods via the website www.janaearl.com can make physical and legal entities without limitations, provided to abide by these Terms and Conditions. These Terms and Conditions (the "Terms") apply to the business relationship between buyer and seller, ie. Jana Earl, premises Jearls s.r.o., Hontianske Trsťany 135, 93586, IČO: 51223309, IČ DPH: SK2120635605, which is the operator of the trading system (the "Operator") concluded by means of electronic commerce ( "the transaction").

Trade relations (as well as other legal relationships that may therefrom result) natural persons not acting in the conclusion of commercial contracts according to these GTC as part of its business, apply in addition to the general provisions of the Civil Code and special regulations, especially Act . 108/2000 of the Consumer Protection in Doorstep and Distance Selling Act no. 250/2007 on the protection of consumers. Trade relations (as well as other legal relationships that can arise from it) with legal entities, respectively. natural persons, relating, in particular the provisions of the Commercial Code, respectively.

The buyer is a person (natural or legal) who sent the custom authorization of electronic order system processed trade, where electronic ordering means a sent electronic form containing information on the buyer, the list of ordered goods from the supply store and the price of the goods, processed trading system or e-mail sent to the seller.

Conditions further define and clarify the rights and obligations of the seller and the buyer, and in its current version are an integral part of the sales contract.

Goods means all products contained in the trader's offer for purchase through the online store.


II. Order, conclusion of contracts, withdrawal

The condition of the electronic order is truthful and full completion of all required data in the order form. Each order must include: name of the buyer, mailing / billing address, email address, telephone number, method of payment, method of delivery. Vendor orders handled in the order they arrive, and in the case of ordering the same item two buyers considering the order i which the seller received the first order.

All received electronic orders are considered proposal for this contract and are not considered binding.

The acceptance of an offer by the seller will email confirmation of the electronic order, creating a contractual relationship between seller and buyer.

If the buyer does not pay and does not accept the object of purchase, the seller is entitled to demand compensation for damage caused by breach of obligations covered by contractual penalties. The contractual penalty is set at 20% of the purchase price. Payment of liquidated damages, the buyer does not relieve the obligation to pay the purchase price in full.

The buyer has the right to cancel the order free of charge, but only at the date of the order and if the orders have not yet been invoiced or processed by the seller. Order can be canceled by telephone or in writing or by e-mail. The buyer shall notify the seller in writing by e-mail of confirmation of order cancellation.

The buyer is entitled, without giving any reason to cancel the contract within 14 working days of receipt of goods. The costs of returning goods shall be borne by the buyer himself, which they are obliged to send securely packaged, undamaged goods to the address of the seller as to the agreed consignment insurance against damage to the transport of goods (no COD). If the returned goods will be delivered otherwise than as provided in this paragraph, the seller reserves the right not to receive the shipment.

If the buyer withdraws from the contract and the seller delivers goods which are used and damaged or incomplete, the Purchaser has paid the purchase price for the goods in binding acceptance of the order or a portion reduced in accordance with sec. §457 Civil Code on the value of wear and tear of 1% of the total price of goods for daily use goods and the value of the repair and returning the goods to their original condition within 15 working days from receipt of the withdrawal from the contract and upon receipt of the returned goods to the seller by wire transfer to buyer account of the buyer.

Withdrawal must be made by written notification of withdrawal, along with the delivery of all provided documents and goods that have been delivered under the contract, which relates to withdrawal. The written form of withdrawal is required because of the avoidance of doubt, whether the withdrawal of the complaint or other requirement of the buyer. Withdrawal can be made by electronic means of communication.

The seller has the right to withdraw from the contract if the ordered goods can not be delivered within the time specified or included in these Terms and Conditions and agree with the buyer to alternative fulfillment, or if the buyer fails to fulfill the obligations related to the implementation of the order.


III. Terms of Delivery

Place of delivery means the seat (residence) or place of business of the buyer specified in the order form of the online store. The goods will be delivered through GLS courier company or another courier company.

Delivery of goods is done by delivery to the buyer.

Title to the goods passes to the buyer on delivery of the goods subject to payment of the purchase amount in full.

The seller delivers the goods to the buyer in the shortest possible time (approx. 3-4 working days, but no longer than 1 weeks of compound administration) after the adoption of electronic order and receipt of payment (if necessary. Payment on account). Buyer acknowledges that Seller in fulfilling the commitments they have placed indicative delivery dates. Buyer agrees to extend the delivery period if circumstances require. If the seller is unable to deliver all the ordered goods to the buyer at the agreed time, we shall notify the seller on this matter as soon as possible and notify the buyer of expected delivery of ordered goods, or suggest the supply of alternative goods.

Product is in transport safely packed in boxes or in bubble wrap. When receiving the goods the buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged or destroyed, or missing the buyer shall, immediately contact the seller. Any subsequent complaints to a number of physical and breach of the goods will not be accepted. Transport costs are not included in the price of goods. Delivery costs are charged according to the valid price list given on page. Orders are realized immediately if the goods are still available.

The buyer undertakes to the ordered goods and to pay for goods purchase price in the amount and under payment conditions prevailing on the date of dispatch of the order. In the event that the buyer does not accept the goods (under orders), the seller reserves the right to claim to compensation for the damage. If the customer does not accept the goods at the first delivery, and requires re-delivery of goods they are liable for the costs of the first as well as the re-delivery of goods.

Seller is entitled to demand the fulfillment of commitments, in particular the price paid for the goods, irrespective of the ownership of the goods and services still did not pass to the buyer. The risk of damage to the products shall pass to the buyer upon delivery by the buyer or their authorized representative.

The seller delivers to the buyer at the latest together with the goods in written or electronic form all documents necessary for the acceptance and use of the goods. Evidence of the sales invoice, which is attached to each consignment and which serves as delivery and warranty.


IV. Purchase price payments

The prices on the site businesses pay only for purchase through the trading system. The price is not consulting, transportation or any other expenses, unless specified in the product description. The seller undertakes to deliver the goods to the buyer at the price applicable at the time of ordering.

Payment of the purchase price is effected either by depositing cash or wire transfer to the account in advance or cash on delivery at the delivery addresses.

Discounted (special) prices and supply of goods are clearly marked with. Availability for prices while stocks lasts.


V. Warranty, claims, return or exchange goods

The warranty period for performing the agreement (Law no. 40/1964 Z.z. Civil Code, as amended) is set at a minimum of 24 months from the date of the purchase contract.

Complaints are dealt with by legislation of the Slovak Republic.

The buyer has the right to return goods without giving any reason within 14 days from the date of receipt intact, including packaging and documentation that came with it.

Seller accepts returned goods via mail order services. The buyer of the returned goods is required to send the goods in the form of ordinary or commercial parcel post or a forwarding company at their own expense.

If the conditions for returning goods is intact the buyer will be repaid the entire amount paid for the goods. After the agreement may return the amount raised by the exchange for other goods of equivalent value, which will be sent either by another customer order, or separately. If they are delivered separately (in case of replacement goods), it does not include the shipping and handling.

Advertising is possible only for goods purchased and sold for by the seller. The application claims the buyer must complete a claim form and wait for the instructions of the seller and then deliver the claimed goods clean, mechanically undamaged, in their original packaging, including the invoice from the seller. After successfully completing and submitting the form, the buyer receives from the seller confirmed receipt of the complaint via e-mail.

Seller shall settle the claim for the goods immediately, in more complex cases within 30 days from the start of the complaint procedure. The seller shall notify the purchaser of the outcome of the complaint within the statutory period, in writing (e-mail or post). A copy of the complaint report is sent to the buyer together with the goods. They shall transmit it immediately on receipt of the goods claimed. If the seller decides that the claim is not justified, the seller sends the goods at their own expense to the expertise of the expert, authorized, notified or accredited person.

Authorized warranty expires if the error was caused by mechanical damage to the product, wearing the product under unfavorable conditions, or has been transferred to another person. This warranty does not exempt defects caused by mishandling.


VI. Privacy policy

Seller agrees that it will require the buyer to only enter the data which are used exclusively for their needs related to the fulfillment of the obligations arising from the contract (name, permanent address, including ZIP code, telephone number and email address).

The buyer declares that he agrees to sec. § 7 ods. 1 of Act no. 428/2002 Z.z. Personal Data Protection, as amended, to the seller and keep the processed personal data that is necessary for the seller and to process them in all of their information systems. While providing the buyer selling their consent to provide personal information to another person and cross-border transfer of personal data to third countries as well (any country within the European Union). Seller agrees that the personal data of the buyer is handled and treated in accordance with the applicable laws of the Slovak Republic. The buyer gives the seller the agreement for an indefinite period.

The operator undertakes to ensure that the request and a written or telephone request of the buyer without giving reasons at any time their personal data deleted from its database.


VII. Final and transitional provisions

These terms and conditions apply as stated on the website of the operator on the day of sending the electronic order, except if it is between the two parties expressly agreed otherwise.

By sending the electronic order the buyer accepts without reservation all the provisions of the "Terms and Conditions" in force at the date of dispatch of the order.

The buyer declares that before filling orders acquainted with these general terms and conditions and that it agrees with them. Notwithstanding any other provisions of the contract from the seller to the buyer for lost profits, loss of opportunity or any other indirect or consequential losses due to negligence, breach of contract or otherwise incurred. If the satisfaction of the competent authority of the Slovak Republic of certain provisions of these terms as invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remainder of the relevant provisions shall not be affected thereby.

Relations between the two sides, which are not regulated by these "Terms and Conditions" are governed by the relevant provisions of Law no. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Z.z. consumer protection and the amendment of the Slovak National Council. 372/1990 Coll. on misdemeanors, as amended, and Act no. 108/2000 Z.z. Consumer Protection in Doorstep Selling and Distance Selling as amended, Act no. 22/2004 Z.z. electronic commerce, as amended, or other laws of Slovak law.

The seller and the buyer have agreed to fully accept electronic forms of communication, especially through electronic mail and Internet network as valid and binding on both parties. The electronic form of communication is not acceptable in case of withdrawal.