General terms and conditions

Article I.
Basic provisions

 

1. These general terms and conditions (hereinafter referred to as “terms and conditions” in the appropriate grammatical form) are in accordance with the provisions of act no. 40/1964 Coll., the Civil code as in force and effect (hereinafter referred to as “CC”), act no. 250/2007 Coll., on consumer protection and amending the Slovak National Council act no. 372/1990 Coll. on misdemeanours, as amended (hereinafter referred to as the “consumer protection act” in the relevant grammatical form), act no. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services under a distance contract or a contract concluded outside the seller’s premises, and on amendments and additions to certain acts (hereinafter referred to as “act no. 102/2014 Coll.”).
2. These terms and conditions are issued:

Business name:	BIANstudio s.r.o
Registered office:	Skliarovo 415 962 12  Detva
Identification number:	45 706 361
Tax identification number:	2023093270
VAT identification number:	SK2023093270
Entry in the register:	The company is registered with the Commercial Register of the Banská Bystrica District Court, Section: Sro,Insert No.: 18812/S
IBAN:	SK39 0200 0000 0038 0499 1958
Phone:	+421 948 598 179
E-mail:	info@makove.sk
Responsible manager:	Ing. Ján Ľupták, Námestie mieru 31, 962 12 Detva
Business premises:	BIANstudio s.r.o. J.G. Tajovského 10, 962 12 Detva Monday to Friday from 8.00 a.m. to 4.00 p.m.

3. The present terms and conditions regulate the mutual rights and obligations between the seller and the natural person as the buyer who concludes the purchase agreement (hereinafter referred to as the “buyer” in the relevant grammatical form) via the web interface located on the website available at www.makove.sk (hereinafter referred to as the “online shop” in the relevant grammatical form).
4. The provisions of the terms and conditions form an integral part of the purchase agreement. Different arrangements in the purchase agreement shall prevail over the provisions of the present terms and conditions.
5. The present terms and conditions and the purchase agreement are concluded in the Slovak language and in the English language.

 

Article II.
Information on goods and prices

 

1. Information on the goods, including the price of the individual goods and their main characteristics, is provided for the individual goods in the catalogue of the online shop. The prices of the goods include value added tax, all related charges, and the cost of returning the goods, if due to its nature the goods cannot be returned by the usual postal method. The prices of the goods shall remain valid for the period of time for which they are displayed in the online shop. The present provision shall not preclude the negotiation of a purchase agreement on individually agreed terms.
2. All presentation of the goods in the catalogue of the online shop serves for information purposes only and the seller shall not be obliged to conclude a purchase agreement with regard to these goods.
3. Information on the costs associated with the packaging and supply of the goods is published in the online shop. The information on the costs associated with the packaging and supply of the goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Slovak Republic.
4. Any discounts on the purchase price of the goods cannot be mutually combined, unless otherwise agreed between the seller and the buyer.
5. The seller reserves the right to adjust the price of the goods listed in the catalogue of the online shop operated by the seller at any time. A change in the price of the goods does not apply to purchase agreements concluded prior to the price change, regardless of the fact that the goods have not yet been supplied.

 

Article III.
Order and conclusion of the purchase agreement

 

1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the basic rate.
2. The buyer shall order the goods in the following manners:

• via his customer account, if he has previously registered in the online shop,
• by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Prior to sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the button Order with payment obligation. The information provided in the order is considered correct by the seller. The validity of the order is subject to the completion of all
   mandatory data in the order form and the buyer’s confirmation that he has read the present terms and conditions.
5. Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address provided by the buyer at the time of ordering. This confirmation is automatic and shall not be deemed to constitute the conclusion of an agreement.
6. In the event that any of the requirements specified in the order cannot be fulfilled by the seller, the seller shall send a modified offer to the buyer at the buyer’s e-mail address. The amended offer shall be deemed to be a new proposal for a purchase agreement and the purchase agreement shall be concluded in such a case by the buyer’s confirmation of acceptance of the offer to the seller to its e-mail address set out in these terms and conditions.
7. All orders accepted by the seller shall be binding. The buyer may cancel an order until the buyer has received notification of acceptance of the order by the seller. The buyer shall be entitled to cancel the order by calling the seller’s telephone number or by electronic message to the seller’s e-mail address, both as set out in these terms and conditions.
8. In the event of an obvious technical error on the part of the seller in the price of the goods in the online shop or during the ordering process, the seller shall not be obliged to deliver the goods to the buyer at the price for such obviously incorrect price, even if the buyer has been sent an automatic notification of acceptance of the order in accordance with the present terms and conditions. The seller shall inform the buyer of the error without undue delay and shall send the buyer an amended quotation to the buyer’s e-mail address. The amended offer shall be deemed to be a new draft of the purchase agreement and the purchase agreement shall be concluded in such case by the confirmation of acceptance by the buyer to the seller’s e-mail address.

 

Article IV.
Customer account

 

1. Upon registration of the buyer in the online shop, the buyer may access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer shall be obliged to provide correct and truthful information. The buyer shall be obliged to update the information provided in the user account when any changes are made. The data
   provided by the buyer in the customer account and when ordering goods are deemed to be correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer shall be obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller shall not be liable for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The seller may cancel the user account, in particular if the buyer does not use his user account for a longer period of time or if the buyer breaches his obligations under the purchase agreement and these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, in particular regarding necessary maintenance of the seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

 

Article V.
Payment terms and delivery of goods

 

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods pursuant to the purchase agreement in the following ways:

• Cash on delivery or by credit card upon receipt of the goods;
• by wire transfer to the seller’s account via the Payout payment gateway;
• in cash or by credit card upon personal collection at the business premises;
• payment by gift voucher;
• in cash or by credit card upon personal collection at a parcel dispensing centre via the Zásielkovňa service, operated by the company Zásielkovňa s. r. o., IČO: 48136999, with registered office at Muchovo námestie 3624/8, 851 01 Bratislava.

2. A gift voucher represents a prepaid amount of money that the buyer can use when making a purchase based on the availability of free prepaid monies. The validity date of the voucher is indicated directly on the voucher. The nominal value of the gift voucher can be agreed with the buyer.
3. The seller may provide discount options to buyer:

• discount on the price of registration to the e-shop;
• discount for repeated purchase;
• a discount based on a one-time discount coupon.

4. Together with the purchase price, the buyer shall be obliged to pay to the seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise below, the purchase price shall also include the cost of delivery of the goods.
5. In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days as of the conclusion of the purchase agreement.
6. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
7. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
8. The seller shall not require any advance or other similar payment from the buyer in advance. Payment of the purchase price prior to dispatch of the goods shall not constitute a deposit.
9. Pursuant to the sales register act, the seller shall be obliged to issue a cash receipt to the buyer. At the same time, the seller shall be obliged to register the received sales with the tax administrator online, in case of technical failure within 48 hours at the latest.
10. The goods are delivered to the buyer:

• to the address specified by the buyer in the order;
• via the dispatch office to the address of the dispatch office designated by the buyer;
• by personal collection at the seller’s business premises.

11. The choice of delivery method is made during the ordering process.
12. The cost of delivery of the goods, depending on the method of dispatch and collection of the goods, is specified in the buyer’s order and in the seller’s order confirmation. In the event that the method of delivery is agreed upon at the buyer’s special request, the buyer shall bear the risk and any additional costs associated with this method of delivery.
13. If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer shall be obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer shall be obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
14. On receipt of the goods from the carrier, the buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of any damage to the packaging indicating unauthorised intrusion, the buyer may not accept the consignment from the carrier.
15. The seller shall issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s e-mail address or is attached to the goods delivered.
16. Upon take-over of the goods at the agreed place, the ownership of the goods passes to the buyer. A buyer not meeting the definition of a consumer set out in section 2 (a) of the consumer protection act shall acquire the ownership right to the goods only by full payment of the entire purchase price for the goods.
17. The risk of damage to the goods passes to the buyer at the time when the buyer or a third party authorised by the buyer takes delivery of the goods from the seller or his representative authorised to deliver the goods, or, if he fails to do so in time, at the time
    when the seller allows the buyer to dispose of the goods and the buyer fails to take delivery of the goods.

 

Article VI.
Withdrawal from the agreement

 

1. A buyer who has concluded a purchase agreement outside his business activity as a consumer has the right to withdraw from the purchase agreement without giving any reason in accordance with section 7 et seq. of the act on consumer protection in distance selling.
2. The period for withdrawal from the agreement is 14 days

• As from the date of take-over of the goods;
• as from the date of take-over of the last delivery of the goods, in the event that several types of goods or the delivery of several parts is the subject of the agreement;
• as from the date of take-over of the first delivery of the goods, in the event that a regular recurring delivery of goods is the subject of the agreement.

3. The buyer may not, inter alia, withdraw from the purchase agreement:

• Following the provision of services if they have been provided with his prior express consent before the expiry of the withdrawal period and the seller has notified the buyer prior to the conclusion of the agreement, that he has no right to withdraw from the agreement in such a case and if the service has been entirely provided;
• following the supply of goods or services the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period;
• following the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the agreement, which may be delivered only after the expiry of thirty days and the price of which depends on market fluctuations independent of the will of the seller;
• following the supply of goods which have been customised according to the buyer’s wishes, custom-made goods or goods intended specifically for a single buyer;
• following the supply of perishable goods and goods which, by their nature, have been irretrievably mixed with other goods after delivery;
• following the supply of goods in sealed packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after supply;
• following the supply of audio recordings, visual recordings, audio-visual recordings, books, or computer software if they are sold in protective packaging and the buyer has unwrapped that packaging;
• following the supply of newspapers, periodicals, or magazines, except for sales under a subscription agreement and the sale of books not supplied in protective packaging;
• following the supply of electronic content other than on a tangible medium, where the supply has been initiated with the express consent of the buyer and the buyer has declared that he has been duly informed that he loses the right to withdraw from the agreement by expressing the consent;
• in other cases, referred to in section 7(6) of act no 102/2014 Coll.

4. In order to comply with the withdrawal period, the buyer shall be obliged to send the declaration of withdrawal within the withdrawal period.
5. To withdraw from the purchase agreement, the buyer is entitled to use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal form to the e-mail or to the delivery address of the seller specified in the present terms and conditions. The seller shall promptly acknowledge receipt of the form to the buyer.
6. The buyer who has withdrawn from the agreement shall be obliged to return the goods to the seller within 14 days of withdrawal from the agreement. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature.
7. If the buyer withdraws from the agreement, the seller shall reimburse to the buyer all funds, including delivery costs, received from the buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the agreement. The seller shall only reimburse the buyer the received funds in other way if the buyer agrees to this and if no further costs are incurred by the seller.
8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase agreement, the seller shall not be obliged to return the received funds to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn, and unsoiled and, if possible, in their original packaging. The seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for reimbursement of the purchase price.
11. The seller shall be entitled to withdraw from the purchase agreement on the grounds of stock-outs, unavailability of the goods or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall promptly inform the buyer via the e-mail address specified in the order and shall refund all funds, including delivery costs, received from the buyer under the agreement in the same manner or, where applicable, in the manner specified by the buyer, within 14 days of the notice of cancellation of the purchase agreement.

 

Article VII.
Rights arising from defective performance and complaints procedure

 

1. The seller shall be held liable to the buyer that the goods are free from defects upon take-over. In particular, the seller shall be liable to the buyer that at the time the buyer took over the goods:

• the goods have the characteristics agreed between the parties and, in the absence of agreement, the characteristics described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and on the basis of the seller’s advertising;
• the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used;
• the goods correspond to the quality or finish of the agreed sample or specimen if the quality or finish was determined by the agreed sample or specimen;
• the goods are in the corresponding quantity or weight;
• the goods comply with the requirements of the legislation.

2. If the defect becomes apparent within six months of the buyer’s take-over of the goods, the goods shall be deemed to have been defective on take-over. The buyer shall be entitled to exercise rights in respect of a defect which occurs in consumer goods within twenty-four months as from the take-over. This provision shall not apply to goods sold at a lower price because of a defect for which the lower price was agreed, to wear and tear caused by normal use, to second-hand goods because of a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
3. In the event of a defect, the buyer may submit a complaint to the seller and demand:

• if it is a defect that can be remedied:
• – removal of the defect in the goods free of charge;
• – exchange the goods for new goods;
• if it is a defect that cannot be remedied:
• – An appropriate discount on the purchase price;
• – to withdraw from the agreement.

4. The buyer shall have the right to withdraw from the agreement:

• if the goods have a defect which cannot be remedied and which prevents the goods from being properly used in a way as goods free from defect;
• if the goods cannot be properly used because of the recurrence of the defect or defects after repair;
• if he cannot properly use the goods because of a large number of defects in the goods.

5. The seller’s applicable complaints procedure, i.e., article VII of these terms and conditions, shall apply to the complaints procedure. The complaints procedure applies to goods purchased by the buyer from the seller in the form of e-commerce on the seller’s e-commerce website.
6. During the warranty period, the buyer has the right to claim from the seller liability for defects in the goods purchased from the seller for which the manufacturer, supplier or the seller is liable.
7. The seller shall be obliged to accept the complaint at any business premises where the complaint can be accepted, or even at the registered office or place of business. The consumer may also lodge a complaint with a person designated by the seller. If the consumer’s complaint is handled by a person designated by the seller, the latter may only handle the complaint by handing over the repaired goods, otherwise the complaint shall be forwarded to the seller for handling. The seller shall be obliged to issue the buyer with a written confirmation of the time when the buyer exercised the right, what is the content of the complaint and what method of complaint handling the buyer requires, as well as a confirmation of the date and method of complaint handling, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
8. If the consumer submits a complaint, the seller or an employee or designated person authorised by the seller shall be obliged to inform the consumer of his rights arising from the defective performance. On the basis of the consumer’s decision which of his rights arising from the defective performance he claims, the seller or his authorised
   employee or designated person shall be obliged to determine the manner of handling the complaint immediately, in complex cases no later than within three working days from the date of the complaint, in justified cases, in particular if a complex technical assessment of the condition of the goods is required, no later than within 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint, including the rectification of the defect, must be handled immediately, although in justified cases the complaint may be handled later. However, the processing of the complaint, including the removal of the defect, may not take longer than 30 days from the date of the complaint. The expiry of this time limit shall be deemed to be a material breach of agreement and the buyer shall have the right to withdraw from the purchase agreement or have the right to exchange the goods for new goods. The moment when the buyer’s expression of will (exercise of the right arising from the defective performance) is delivered to the seller shall be deemed to be the moment when the complaint is made.
9. The seller shall inform the buyer in writing of the outcome of the complaint within 30 days of the date of the complaint.
10. The right of defective performance shall not belong to the buyer if the buyer knew prior to the take-over of the item that the item has a defect or if the buyer caused the defect himself.
11. In the case of a justified complaint, the buyer is entitled to compensation for the costs reasonably incurred in connection with the complaint. The buyer is entitled to exercise this right with the seller within one month after the expiry of the warranty period.
12. The buyer shall have the choice of the method of complaint and its handling in case of several options.
13. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by sections 499 to 510, 596 to 600 and 619 to 627 of the Civil code and the consumer protection act.
14. Other rights and obligations of the parties related to the liability of the seller for defects are regulated by the seller’s complaints procedure.

 

Article VIII.
Delivery

 

1. The parties may deliver all written correspondence to each other by electronic mail.
2. The buyer shall deliver correspondence to the seller at the e-mail address specified in these terms and conditions. The seller shall deliver correspondence to the buyer at the e-mail address specified in the buyer’s customer account or order.

 

Article IX.
Out-of-court dispute resolution

 

1. The consumer shall have the right to apply to the seller for redress if he is dissatisfied with the manner in which the seller has handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to file a petition for alternative (out-of-court) dispute resolution with an alternative dispute resolution body if the seller has responded to the request under the preceding sentence in a negative manner or has not responded to it within 30 days from the date of its dispatch. This shall be without prejudice to the consumer’s right to apply to the courts.
2. The Slovak Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from a purchase agreement and may be contacted for the above purpose at the address of the Slovak Trade Inspection Authority, Central Inspectorate, Department for International Relations and Alternative Consumer Dispute Resolution, Bajkalská 21/A, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr@soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
3. The European Consumer Centre Slovakia, with the registered office at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/, is the contact point under Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21 May
   2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
4. The seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent District Office of the Trade Licensing Department. The Slovak Trade Inspection Authority carries out, among others, supervision of compliance with the consumer protection act, within the defined scope.

 

Article X.
Final provisions

 

1. All arrangements between the seller and the buyer shall be governed by the law of the Slovak Republic. If the relationship established by the purchase agreement contains an international element, the parties have agreed that the relationship shall be governed by the law of the Slovak Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
2. The seller shall not be bound by any codes of conduct in relation to the buyer within the meaning of the provisions of the consumer protection act.
3. All rights to the seller’s website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the permission of the sellero.
4. The seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended purpose. The buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not carry out any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or parts thereof or the software in a manner that would be contrary to its purpose or intent.
5. The purchase agreement, including the terms and conditions, shall be archived by the seller in electronic form and shall not be publicly accessible.
6. The terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
7. A sample withdrawal form is attached to the terms and conditions.

 

These terms and conditions come into force on 01 October 2021.