1. General provisions and definitions
1.1 These general terms and conditions (hereinafter referred to as „GTC“) shall apply to the purchase in the online store MiNi JOSEPH www.minijoseph.sk (hereinafter referred to as „online store “), which is operated by the company MiNi JOSEPH,s.r.o..
1.2 These GTC shall regulate the mutual relationships between the seller and the buyer in the area when concluding contracts, the subject of which is the sale of goods.
1.4 The Buyer shall be the natural or legal person who purchases goods through an online store as a consumer or as an entrepreneur.
1.5 Pursuant to § 52 par. 4 of the Civil Code in conjunction with the provision of § 2 (a) of the Act on consumer protection, and for the purposes of these GTC, the buyer is a consumer shall be a natural person who, when concluding and performing the contract does not act within the scope of business, employment or occupation.
(hereinafter referred to as „Buyer“)
1.6 The legal relationships between Seller and Buyer (Consumer) not regulated by these Terms and Conditions shall be governed by the relevant provisions of the Civil Code, the Consumer Protection Act, Act No. 102/2014 on Consumer Protection when selling goods or services on the basis of the distance contract or contracts negotiated out of business premises, and as amended by certain laws (hereinafter referred to as „Consumer Protection Act for Distance Sales“) and Act No. 513/1991 of Commercial Code, provided that the Buyer is not a Consumer, as well as other related generally binding regulations.
1.7 These GTC are an integral part of the purchase contract, the subject of which is the purchase of goods in our online store and concluded between the Seller and the Buyer.
1.8 Every user of the website of our online store as well as every Buyer by sending an electronic order of goods to the Seller hereby confirms that he / she has thoroughly acquainted with these GTC, understood their content and agrees with them without reservation and undertakes to follow them.
2. Order of goods and Conclusion of the purchase contract
2.1 The condition for creating and sending an electronic order for the purchase of goods in our online store is the previous registration and creation of so-called. personal account or purchase without registration. Access data for the purposes of the Buyer's personal account means the e-mail address of the Buyer and password chosen by him / her.
2.2 The Seller's proposal to conclude a Purchase Contract with the Buyer is the location of the goods offered, indicating its main features as well as the total price including VAT on the online store site. Goods can be ordered via electronic order. By electronic order is meant sent electronic form containing information about Buyer including billing and delivery data, list of ordered goods from internet shop offer, total price of ordered goods and way of delivery and payment (hereinafter referred to as "Order").
2.3 In order to make an order and purchase goods, the Buyer will put the selected goods into the electronic cart and follow the instructions on the online store page to complete the order form.
2.4 The buyer has the option to check it before making a binding order and correct it if necessary. By submitting the order, the Buyer declares that all the information given in the order is complete and true.
2.5 By sending the order by the Buyer and its acceptance by the Seller, a purchase contract is created.
2.6 The Seller shall promptly confirm the acceptance of the Order to the Buyer by sending a confirmation to the e-mail that the Buyer entered at registration. The Seller is obliged to immediately inform the Buyer by sending the information e-mail to the Buyer that it is not able to handle the sent order for any reason. Contract concluded based on an order that is binding on both parties may be changed or cancelled only upon agreement of both parties or for legal reasons.
3. The purchase price of the goods
3.1 The current and valid prices for each product are listed for each product on our online store site and include VAT as well as any other taxes. The stated prices do not include the costs associated with the delivery of the ordered goods to the Buyer, i.e. shipping costs.
3.2 The Seller reserves the right to update and possibly change prices of the goods offered.
3.3 Shipping costs are listed at https://www.minijoseph.sk/shipping-and-payment and electronic shopping cart before completing the order.
3.4 The final price is the total price stated in the order form just before the binding order is sent. The final price is listed including VAT, other taxes and prices for shipping and payment, which the Buyer undertakes by sending an order to purchase goods (hereinafter referred to as the "Purchase Price"). The Seller and the Buyer are bound by this price and can only be changed by mutual agreement between the Contracting Parties.
4. Terms and means of payment
4.1 The purchase price is payable when sending the order. Without making a payment, it is not possible to send and process the order.
4.2 The seller accepts the payment for the goods ordered in the ways shown on the page https://www.minijoseph.sk/shipping-and-payment.
4.3 The Seller declares that he / she does not collect or otherwise store Buyer's credit card data.
4.4 The Seller reserves the right of ownership of the ordered goods until the full payment of the Purchase Price.
5. Delivery of goods and delivery terms
5.1 The Seller resp. the competent Deliverer shall deliver the ordered goods to the Buyer at the place specified in the order as the delivery point (i.e. in the "Delivery Data" section).
5.2 The usual delivery period for goods ordered with the place of delivery in the territory of the Slovak Republic is three to five working days from the date of confirmation of receipt of the order by the Seller pursuant to Article 2 (2.5) hereof.
5.3 The usual delivery period for goods ordered with the place of delivery in the territory of other European Union countries (with the exception of the Slovak Republic) is seven to ten working days from the date of confirmation of acceptance of the order by the Seller pursuant to Article 2 (2.5) hereof.
5.4 In the event that the delivery of the goods within the delivery period pursuant to paragraphs 5.2 and 5.3 of this article is not possible for any reason, the Seller shall inform the Buyer of this additionally and without delay. In this case, the Seller is also entitled to unilaterally extend the delivery period, even repeatedly, which the Buyer shall also immediately notify.
5.5 The Seller is obliged to inform the Buyer in advance of any restrictions on the delivery of the goods, at the latest at the moment of the order creation process.
5.6 If the extended delivery period exceeds 30 days, the Buyer is entitled to withdraw from the concluded purchase contract.
5.7 The Seller shall fulfil his / her obligations arising from the concluded purchase contract at the moment of handing over the ordered goods to the carrier for transport.
5.8 The goods will be delivered to the Buyer in ordinary protective packaging, unless special requirements arise from the nature of the goods or the agreement of the Contracting parties.
5.9 The goods will be delivered to the Buyer with the attached invoice.
5.10 The Buyer is obliged to take over the ordered goods at the place specified as the place of delivery in the order. If the Buyer does not take over the ordered goods delivered to the place of delivery specified in the order, or the other place according to the agreement or does not take over the goods in person, the Seller is entitled to claim damages from the Buyer in the amount of purposefully incurred costs related to performance.
5.11 The seller guarantees that the goods are shipped intact. We recommend to The Buyer to check the delivered goods in the presence of the delivery man. If the Buyer ascertains the damage, breach of packaging or other irregularities upon receipt of the ordered goods, we recommend to he/she to inform the respective deliverer about this fact and to record this fact in the shipping note, or to refuse to accept the goods for this reason.
6. Return of goods - Withdrawal from the Contract
6.1. In accordance with the relevant provisions of the Consumer Protection Act in distance selling, resp. related legal regulations the Buyer is entitled to withdraw from the concluded Purchase Contract, subject to delivery of the goods even without stating a reason within 14 calendar days from the date of receipt of the ordered goods. By the withdrawal from the contract the purchase contract shall be terminated from the beginning.
6.2 The Buyer may exercise the right of withdrawal from the contract in writing or by e-mail, or by submitting a completed withdrawal form available at https://www.minijoseph.sk/withdrawal-form.pdf.
6.3 The withdrawal period according to the par. 6.1 of this Article shall be deemed to be maintained if the Buyer sends the notice of withdrawal to the Seller no later than the last day of the period, and the burden of proving the withdrawal right shall be borne by the Buyer.
6.4 The Buyer is obliged to send the goods that were the subject of the purchase contract to the Seller back to the invoicing address specified in Article 1 point 1.3 of these GTC no later than 14 days from the date of withdrawal from the contract pursuant to clause 6.1 hereof. The goods must be suitably packaged for transportation to prevent damage. Goods may not be worn, however modified or discarded. All labels, both from the manufacturer and from our store with the MiNi JOSEPH logo, must be retained on the goods. The Buyer is responsible for reducing the value of the goods resulting from the handling of the goods, which is beyond the treatment necessary to determine the goods' properties and functionality. If the quality of the goods is reduced or damage to the goods arises, the Buyer is obliged to compensate the Seller for such damage.
6.5 The cost of returning the goods to the Seller in the event of withdrawal from the Contract according to par. 6.1 of this Article shall be borne in its entirety by the Buyer.
6.6 In the event of withdrawal by Buyer according to par. 6.1 of this Article, the Seller shall take back the returned goods and return to Buyer, without undue delay, any payments received from him / her under or in connection with the Contract, including shipping, delivery and shipping costs. The Seller is not obliged to return to the Buyer the costs of shipping and postage, which represent the difference between the costs of delivery in the manner originally chosen by the Buyer and the cost of delivery by the cheapest means of delivery of the goods offered by the Seller.
6.7 The Seller shall return to Buyer the payments under Section 6.6 of this Article in the same manner as the Buyer used to pay. This does not apply if the Seller and the Buyer agree otherwise in writing.
7. Warranty Terms
7.1 The seller is liable for defects of ordered goods in accordance with the provisions of § 619 et seq. of the Civil Code, which has the ordered goods upon receipt by the Buyer.
7.2 The Buyer has the right to claim the defects of the goods during the warranty period. The warranty period is 24 months and commences from the date of takeover of the goods by the Buyer. If a time limit for use is indicated on the item sold, its packaging or the instructions accompanying it, the warranty period shall not expire before the expiry of that period.
7.3 The proof of purchase of the goods and the warranty certificate for the purposes of claiming the defects of the ordered goods under these GTC shall mean the invoice delivered to the Buyer together with the ordered goods.
7.4 If the defect can be rectified, the Buyer is entitled to its free, timely and proper remedy and the Seller is obliged to rectify the defect promptly. Instead of removing the defect, the Buyer may request replacement of the item, or if the defect concerns only a part of the item, replacement of the part if the Seller does not incur excessive costs with respect to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a non-defective one, unless it causes serious difficulties to the Buyer.
7.5 If the defect cannot be rectified and it prevents the product's proper use, the Buyer is entitled to redemption of defective goods or is entitled to withdraw from the contract. The Buyer has the same rights, in case of removable defects, but when the Buyer cannot use the item properly for the repeated occurrence of the defect after repair or due to a greater number of defects. In the case of irremovable defects, the Buyer is entitled to a reasonable discount from the price of the product.
7.6 The warranty does not cover defects caused by improper handling, mishandling or defects caused by excessive mechanical wear. The warranty also does not cover damage to goods resulting from natural disaster, violent damage, weather conditions or use in extremely unusual conditions.
8. Complaint Terms
8.1 The Buyer is entitled to file a complaint at the Seller's billing address specified in Article 1 point 1.3 of these GTC by sending defective goods packed in a package conforming to the shipment together with a completed claim form available at https://www.minijoseph.sk/claim-form.pdf and a copy of the proof of purchase (invoice) to the Seller's address. For the reason of the claim, we do not recognize the wear and tear of the goods by wearing and washing, which naturally changes the appearance of the product.
8.2 The Seller is obliged to determine the way of handling the claim immediately, in complex cases within 3 working days from the date of claim, in justified cases, especially if complex technical evaluation of the product or service is required, no later than 30 days from the date of claim. After determining the way the claim is settled, the claim will be settled immediately; in justified cases, the claim may be settled later; the complaint must not take longer than 30 days from the date of the claim.
8.3 The period from the exercise of the right of liability for defects until the Buyer is obliged to take over the thing after the repair is completed, shall not be counted within the warranty period. In case of exchange of a new item, a new warranty period starts to run from the date of receipt.
8.4 The Seller is obliged to issue a written document to the Buyer within 30 days from the date of the claim. Upon expiry of the claim settlement period, the Consumer has the right to withdraw from the contract or has the right to exchange the product for a new product.
9. Alternative dispute resolution
9.1 The Buyer - Consumer - has the right to appeal to the Seller for redress (for example, by e-mail) if he / she is not satisfied with the manner in which the Seller has handled his / her claim or if he / she believes the Seller has violated his /her consumer rights. If the Seller responds to this request by refusal or does not respond within 30 days of its dispatch, the consumer has the right to initiate an alternative dispute resolution of the ADR entity (hereinafter referred to as ADR entity) pursuant to Act No. 391/2015 Coll. ARS entities are authorities and authorized legal entities under §3 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The proposal may be submitted by the Consumer in the manner specified in Section 12 of Act No. 391/2015 Coll.
9.2 The consumer can also complain through the RSO Alternative Dispute Resolution Platform available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
9.3 Alternative dispute resolution may be used only by the Consumer - a natural person who, when concluding and performing a purchase contract, does not act within the scope of his / her business activity, employment or profession. Alternative dispute resolution concerns only the dispute between the Consumer and the Seller resulting from the purchase agreement or related to the sales contract. Alternative dispute resolution applies only to distance contracts. Alternative dispute resolution does not concern disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating an alternative dispute resolution of up to EUR 5 with VAT.
10. Privacy Policy
10.1 Information about Buyers and their personal data are processed in accordance with the relevant provisions of Act No. 122/2013 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts, as amended (hereinafter referred to as "Personal Data Protection Act"). By creating a registration in the e-shop, sending an electronic order and concluding a purchase contract, the inseparable part of which is the GTC, the Buyer grants the Seller, as the Operator, consent to include all personal and other data filled in under the Personal Data Protection Act (hereinafter referred to as the "Operator") in the order as well as other business data (hereinafter referred to as "personal data") in the Operator's database and agrees with their further processing.
10.2 Personal data provided by the Buyer will be processed exclusively for the Operator's business and marketing needs as well as the sending of commercial notifications, including through electronic means (in particular by e-mail and SMS messages).
10.3 The Operator will process the Buyer's personal data solely for the purpose of arranging the Buyer's order in the Operator's online store, its delivery to the Buyer, the Buyer's claim settlement, the Buyer's withdrawal from the contract and related activities, as well as regular information about special offers and promotions in the Operator's e-shop by the e-mail address provided by the Buyer.
10.4 Consent is granted until the withdrawal of consent. The person concerned acknowledges that he has rights under Act No.123 / 2013 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, i.e. in particular, that the provision of personal data is voluntary and that it has the right to access personal data. In particular, each person concerned has rights under Section 28 of the Personal Data Protection Act, i.e. among other things, upon written request from the Operator, require the repair or liquidation of its incorrect, incomplete or outdated personal data, the destruction of its personal data, the purpose of which has been terminated, the blocking of its personal data due to withdrawal of its consent before its expiry. Furthermore, based on a written request, the person concerned has the right to object to the Operator against the use of personal data referred to in Section 10 (3) (d) of the Personal Data Protection Act for the purposes of direct marketing in postal communication or to provide personal data referred to in Section 10 (1). 3 (a) d) of the Personal Data Protection Act for the purposes of direct marketing. If the person concerned suspects that his or her personal data is being processed improperly, he / she may submit a personal data protection application to the Data Protection Office. The consent may be revoked at any time by the Buyer by delivering a written statement of disagreement with the processing of personal data to the Provider's address or email: silvia.pavel@minijoseph.sk .
10.5 At the same time, the Seller declares and undertakes not to provide any information about the Buyer that the Buyer has provided to Buyer for the purpose of purchasing goods on the e-shop site to any third party, with the exception of carriers to which such information is provided only to a limited extent for the purpose of delivering the goods.
11. Final provisions
11.1 These GTC in their valid and effective version are published and freely available on the website of the internet shop.
11.2 The Seller reserves the right to continuously update the wording of these GTC without prior notice. The mutual relationship between the Seller and the Buyer will be governed by the wording of these GTC, which is in the valid and effective version published on the website of our internet shop www.minijoseph.sk at the time of sending the goods order by the Buyer to the Seller.
11.3 All contents of our website including the logo, graphics, pictures and texts are the property of the Seller or its suppliers and are subject to the relevant Slovak as well as European and international laws and standards in the field of copyright and intellectual property rights. Any use, collection, or disclosure of this content without the prior written consent of the Seller or its suppliers is inconsistent with that legislation.
