Terms and Conditions of the online store www.PUELLAsents.com
I. Introductory Provisions and Definitions of the referred terms
1. These General Terms and Conditions (from now on referred to as "GTC") govern the legal relationships between the business company: PUELLAvone Ltd., with its registered office at Rovníková 1457/7, 040 12 Košice - Nad Jazerom district, Company ID: 53 991 893, registered in the Commercial Register of the District Court Košice I, section: Ltd, insert number: 52158/V, VAT ID: SK2121542665 (from now on also referred to as the "Seller") and any person who is a Buyer of a product offered by the Seller in the Seller's online store.
2. Contact information for the Seller is email: Support@PUELLAscent.com.
3. The Seller is also the electronic system operator through which the online store is operated under the domain name www.puellascents.com (from now on, also referred to as the "Online Store").
4. The Buyer is any person (natural person or legal entity) who has completed and submitted an order through the Seller's Online Store and has received an order confirmation from the Seller.
5. The Consumer is a natural person who, when entering into a contract under these GTC, does not act within the scope of their business activities.
6. Products in the form of the goods are intended for sale and published in the Seller's Online Store (from now on referred to as "Products").
7. The contract refers to a purchase agreement.
8. The relevant supervisory authority overseeing consumer protection legality is:
Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Košiciach pre Košický kraj
Vrátna 3
P. O. BOX A-35
040 65 Košice
Tel. no: 055/729 07 05, 055/622 76 55
Fax no: 055/622 46 95
Email: ke@soi.sk
Form for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
9. In case of any complaints or grievances, buyers should contact the Seller directly via email at Support@PUELLAscents.com. The legal regulations require that the Seller assess and process any complaints within ten working days. The Seller will inform the consumer of the resolution in the same manner as the complaint was submitted.
II. Ordering of Products - Conclusion of Purchase Agreement
1. The Buyer initiates the process of the conclusion purchase agreement by filling out an electronic order form on the Seller's online store. The acceptance of the order placed by the Seller, and thus the conclusion of the purchase agreement, occurs upon the electronic confirmation of the order acceptance sent by the Seller after receiving the order.
2. The purchase agreement is concluded for a fixed period and ends once the Seller and Buyer fulfil their obligations.
3. The purchase agreement can be terminated by mutual agreement of the contracting parties.
4. Before finalising the conclusion purchase agreement, the Seller communicates all product specifications to the Buyer via their Online Store.
III. Purchase Price and Payment Terms
1. The listed purchase price of products ordered through the Online Store (from now on referred to as the "purchase price" or "price") is stated separately for each product and is valid at the time the Buyer places the order. The stated price is final, including value-added tax according to applicable laws (the Seller is a VAT payer), except for the cost of product delivery services, which will be charged separately as per Article VII, and payment fees as per Article IV.
2. The main currency used for Payment is the euro.
3. Regardless of the purchase price of the goods, according to this article, the cost of transporting the product will also be charged additionally and according to Art. VII of these General Terms and Conditions and payment costs, too, according to Art. IV of these General Terms and Conditions.
IV. Methods of Payment
1. Buyers can choose from various payment methods for products in the Seller's Online Store, which are presented below:
a. Payment by card through the payment gateway in the Seller's Online Store - free of charge.
b. Cash-on-delivery payment upon product receipt - this method is subject to a fee, including VAT.
c. Non-cash Payment by bank transfer or deposit to the Seller's account based on an invoice issued by the Seller - free of charge.
d. Payment by Apple or Google Pay services through the payment gateway in the Seller's Online Store - free of charge.
2. The Buyer can choose the payment method during the order process. At the same time, the Buyer will be informed of the price for the selected payment method, or it will be indicated that it does not incur any additional charges.
V. Delivery and transportation of the Buyer's order
1. In the case where the Buyer has chosen cash-on-delivery as the payment method, the Seller will dispatch the product within three working days from the date of the conclusion of the purchase agreement, and it will be delivered to the Buyer within five working days from the date of the conclusion of the purchase agreement.
2. If the Buyer has chosen Payment through the payment gateway offered by the online store, Payment by bank transfer or deposit to the Seller's account, the Seller will dispatch the product within three working days from the date the purchase price is credited to the Seller's account t. It will be delivered to the Buyer within five working days from the date the purchase price is credited to the Seller's account.
3. The Seller is responsible for delivering the products according to the Buyer's order in the correct quantity, quality and providing the necessary tax documents.
4. The delivery address for the placed order is either the address provided by the Buyer as a delivery address or the selected Pickup point. If no specific delivery address or method is provided, Seller will deliver the placed order to the Billing address stated during the placing of the order by Buyer.
5. Depending on the Buyer's choice, The Seller will deliver the product using one of the methods specified in Article VII of these GTC.
6. The Delivery of the product is considered complete once it is handed over to the Buyer or a person authorised by a written power of attorney by the Buyer.
7. If the placed order also contains temporarily unavailable or in a "no In-stock" state products, The Seller will immediately ship the available products from the order and the remaining items within the specified period. The Buyer will not be charged the extra shipping fees.
8. The Buyer is obliged to accept the delivered package and provide the necessary cooperation for its Delivery.
VI. Collecting the package
1. The liability for damage to the product and the risk of its damage is transferred to the Buyer upon its receipt, regardless of whether the Buyer takes possession of the product in person or does so through an authorised person.
2. When the Buyer receives the product, ownership rights are immediately transferred from the Seller to the Buyer.
3. The Buyer has the right to refuse acceptance of the delivered product in cases where the delivered product is of a different type or in the following circumstances:
a. Delivery of an item that does not match the agreed-upon or is damaged.
b. Delivery of an item in a damaged package.
c. Delivery of an item without providing the necessary documentation.
4. The Buyer must pay Seller the purchase price for the product on time and correctly.
VII. Shipping methods of transporting the products and the price for shipping them
1. The Seller's shipping costs are not included in the product price. These will be calculated and notified to the Buyer before the conclusion of the purchase agreement, and the Buyer undertakes to pay them with the purchase price.
2. Shipping methods and the price for shipping ordered products:
a) Price for Delivery via the courier company PPL - from €2.29 with VAT to €3.69 with VAT (the specific price will be notified to the Buyer as part of filling out the order and before it is sent, depending on the type of product, its quantity and selected delivery location).
3. The Buyer chooses the method of transport himself as part of filling out the order, and he will also be notified of the transport price. Thus, before the order is sent and before the conclusion of the purchase agreement, the Buyer knows the delivery method and cost, which he will be obliged to pay.
VIII. The right of withdrawal (right to reconsider with no reason provided)
1. The Buyer is entitled to withdraw from the contract without stating a reason within 14 calendar days from the date of product receipt. The Buyer may withdraw from the contract, which subjects includes the Delivery of goods even before the commencement of the withdrawal period.
2. If the Buyer wishes to exercise this right, they must notify the Seller of the withdrawal from the contract no later than on the last day of the specified period or send the withdrawal by postal service to the Seller's address no later than on the previous day of the withdrawal period. The Seller's address is: PUELLAvone s.r.o., Rovníková 1457/7, 040 12 Košice – Nad Jazerom. The Buyer is obliged to return the product to the Seller or a person authorised by the Seller to accept the return no later than 14 days from the contract's withdrawal date.
3. The withdrawal from the contract can also be made in written form or the form of a record on another durable medium (e.g., email). The withdrawal can also be submitted using the Withdrawal Form, available in the Seller's online store. The consumer is entitled to withdraw from the contract orally, particularly by clearly expressing their intention to withdraw. We recommend that the consumer includes the order number, date of purchase, the type of product they are withdrawing from, their name and surname, address, and, if applicable, the bank account number to which all payments made by the Buyer for the withdrawn contract should be refunded. The Seller will comply if the consumer requests the refund to be transferred to the indicated bank account. Otherwise, the Seller will refund the Payment to the Buyer in the same manner as used by the Buyer for the original Payment.
4. Upon withdrawal from the contract, the contracting parties are obliged to return the provided performances. The consumer is only liable for any diminished product value from handling it beyond what is necessary to determine its nature, characteristics, and functioning. The consumer is not responsible for any reduced product value if the Seller fails to inform the consumer about their right to withdraw from the contract, the conditions, deadlines, and procedures for exercising the right to withdraw from the agreement. Suppose the product's value has been diminished due to handling beyond what is necessary to determine its nature and functioning (e.g., the product is damaged). In that case, the Buyer is responsible for the resulting damage to the Seller. The excessive handling of the product will notably include its use to a greater extent than necessary to determine its nature, characteristics, and functioning. Justifiable expenses incurred to restore the product to its original condition will also be considered to diminish its value.
5. A contract withdrawal form is available to use. It is also accessible for viewing and downloading in the Seller's online store.
6. If the Buyer exercises the right to withdraw from the contract by Act No. 102/2014 Coll., the Buyer shall bear the costs of returning the product to the Seller by Section 10(3) of Act No. 102/2014 Coll. If the Buyer withdraws from a distance contract, the Buyer shall also bear the costs of returning the product that, due to its nature, cannot be returned regularly. This does not apply if the Seller agrees to pay such fees.
7. The Seller must refund the consumer for the product, including all associated costs and fees, within 14 days of receiving notice of contract withdrawal. The Buyer is responsible for the cost of returning the product according to the conditions outlined in point 6 of this article.
8. The Seller is not obliged to reimburse the Buyer for any additional costs if the Buyer expressly chooses a different delivery method than the least expensive type of standard Delivery offered by the Seller. Additional costs refer to the difference between the costs of the selected delivery method and the costs of the least expensive type of standard Delivery offered by the Seller.
9. We recommend the Buyer ship the package in a way that does not require an upon-pickup payment of shipping costs for its successful collection. The costs for transporting the package that the Buyer returns to the Seller are borne by the Buyer and must be paid when the package is handed over to the shipping company. Otherwise, the Seller will reject such shipment, regardless of whether the shipment's contents are subject to withdrawal from the contract.
10. The Seller informs the consumer that, by Section 7(6) of Act No. 102/2014 Coll., the Buyer is not entitled to withdraw from the contract in cases where:
a) The subject of the contract is the sale of goods enclosed in protective packaging unsuitable for return due to health protection or hygiene reasons and whose protective packaging has been damaged.
b) The subject of the contract is the sale of goods that, due to their nature, may become inseparably mixed with other goods after Delivery.
c) The subject of the contract is the sale of goods made according to the consumer's specific requirements, custom-made goods, or goods specifically intended for one consumer.
d) The subject of the contract pertains to the sale of perishable goods prone to quick quality deterioration.
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IX. Alternative dispute resolution
1. If the Buyer, as a consumer, is not satisfied with how the Seller handled their complaint or believes that the Seller has violated their rights, they have the right to request a remedy from the Seller. Suppose the Seller responds negatively to the Buyer's request or fails to respond to such a request within 30 days from the date of its submission by the Buyer. In that case, the Buyer has the right to submit a proposal for initiating alternative dispute resolution under Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amendment of Certain Acts. The competent entity for alternative dispute resolution with the Seller is the Slovak Trade Inspection or another authorised legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/; the Buyer has the right to choose which of these alternative dispute resolution entities to approach. The Buyer may use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for the alternative resolution of their consumer dispute. All further information regarding the alternative dispute resolution between the Seller and the Buyer - the Buyer arising from the contract as a consumer contract or related to the consumer contract - is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and Amendment of Certain Acts.
X. Final provisions
1. Contractual relationships (as well as other legal relationships arising from the contractual relationship) with individuals who, when entering into a contract under these General Terms and Conditions, do not act within the scope of their business activities, are governed by the general provisions of Act No. 40/1964 Coll., the Civil Code, as amended, as well as specific regulations, in particular 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 Act No. 250/2007 Coll. on Consumer Protection.
2. Contractual relationships (as well as other legal relationships arising from the contractual relationship) with legal entities or individuals engaged in business activities are subject to the provisions of Act No. 513/1991 Coll., the Commercial Code, as currently amended.
3. The Complaints Procedure, published on the Seller's Online Store, is integral to these General Terms and Conditions.
4. These General Terms and Conditions come into effect and become valid on March 1, 2022, upon their publication on the Seller's Online Store.