1. INTRODUCTORY CONDITIONS
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC“) form the contractual relationship (a Contract of Purchase) between:
Na varte 2B
831 01 Bratislava
Company ID: 50194895
TAX ID: 2120218298
VAT ID: SK2120218298
(hereinafter referred to as the “Seller”)
and the customer (hereinafter referred to as the “Buyer”) and define the rules, conditions, duties, and obligations concluded based on the purchase of the goods by the Buyer from the Seller via the point of sale of the Seller, i.e. the internet shop of the Seller placed on the website www.bymilash.com as well as www.facebook.com/byMilash.
1.2. All provisions of the contractual relationship between the Buyer and the Seller are in line with the law valid in Slovak Republic. If the Buyer is a consumer, provisions not governed by these GTC are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (Act No. 250/2007 Coll.); if the Buyer is not a consumer, provisions not governed by these GTC are governed by the Commercial Code (No. 513/1991 Coll.), and its ammendments.
2. ORDERING PROCESS AND PRICE OF GOODS
2.1. The Buyer can order goods from the Seller via the internet shop www.bymilash.com, and via the site www.facebook.com/byMilash, which will redirect the Buyer to the internet shop www.bymilash.com, for the purpose of placing the order. All placed orders are governed by these GTC and represent the consent with and acceptance of these GTC in full and without any exceptions or objections by the Buyer.
2.2. The Seller publishes the price of the goods on www.bymilash.com and www.facebook.com/byMilash. The final price for the end Buyer always includes VAT. The Seller may decide to provide a discount from the actual valid price to the Buyer, which will be shown on the invoice for the Buyer.
2.3. After placing the order, the Buyer receives an email confirmation representing the receipt of the order, including information, such as the invoice number, volumes and prices of the goods ordered, including VAT information. This confirmation will be sent to the email address provided by the Buyer to the Seller for the purposes of their contractual relationship.
2.4. The Buyer can order goods which are currently available in the store/warehouse of the Seller. The information on currently available volumes of the particular goods in stock is available and updated on www.bymilash.com, in the Shop section. The ordering system implemented on www.bymilash.com enables the Buyer to pick and order goods up to the the level of currently available goods in stock. May the Buyer want to order higher volumes of the goods than are currently available in stock, or the goods not available in stock, the Buyer can contact the Seller at email@example.com, who will inform the Buyer on availablity of the requested goods.
2.5. The Buyer can request information about the status of his or her order anytime via the email address of the Seller at firstname.lastname@example.org.
2.6. The Seller will only accept orders from a Buyer who reached 18 years of age at minimum by the time of placing the order.
3. PAYMENT METHODS
3.1. The Buyer can choose one of the following payment methods in the internet shop www.bymilash.com:
a) direct bank transfer to the bank account of the Seller registered at Tatra banka, a.s., international bank account No. (IBAN): SK53 1100 0000 0029 4001 9595;
b) credit/debit card payment in the internet shop www.bymilash.com (processed via CardPay service provided by Tatra banka, a.s.);
c) credit/debit card payment using PayPal;
d) cash payment if picking up goods in person at the headquarters address of the Seller: Milash, s.r.o., Na varte 2B, 831 01 Bratislava, Slovak Republic.
3.2. The Buyer will select the payment method to be used to pay for the goods chosen during the ordering process.
3.3. The payment transactions are encrypted.
4. DELIVERY PERIOD
4.1. The delivery period depends on the location of the Buyer, a delivery method (please refer to section No. 5 of these GTC), as well as the payment method chosen (please refer to section 3.1. of these GTC).
4.2. The ordered goods are ready for shipment to the Buyer (a dispatch) within 24-48 hours from the payment of the order made by the Buyer, depending on the payment method chosen. The Seller will dispatch the ordered goods to the Buyer only after the payment is credited in full (including the delivery price chosen by the Buyer) to the Seller‘s bank account.
4.3. The Seller will inform the Buyer without unduedelay about the dispach of the ordered goods sending this information to the email address provided by the Buyer to the Seller for purposes of their contractual relationship.
4.4. Information about the delivery periods for ordered goods is available in section No. 5 of these GTC. The responsibility for meeeting these delivery periods is with the selected transporting company (DHL Parcel Slovensko spol. s.r.o. or Slovenská pošta, a.s., depending on the country of a final delivery).
4.5. In case ordered goods are not delivered to the Buyer within the indicated delivery period, the Buyer is obliged to contact the transporting company (DHL Parcel Slovensko spol. s.r.o. or Slovenská pošta, a.s., depending on the transporting company selected for the delivery of ordered good) as soon as possible and investigate on the reasons of the delay, as well as contact the Seller as soon as possible, who will provide maximum support and assistance in helping to find out the reasons for the delays in delivery of dispatched goods by the transporting company.
4.6. The Seller is not responsible for any damages or loss of the dispatched goods to the Buyer via the transporting company.
4.7. Information about the delivery period is indicative. The Seller is not to be held responsible for postponement in delivery of goods, especially if caused by the reasons outside of control of the Seller, e.g. postponement caused by the transporting company, Customs Office or customs procedures in the country of the Buyer, etc.).
5. TRANSPORT AND DELIVERY OF ORDERED GOODS
5.1. The Seller is shipping the ordered goods to the Buyer via a transporting company DHL Parcel Slovensko spol. s.r.o. or Slovenská pošta, a.s.(The Slovak Post).
5.2. The estimated delivery duration to selected countries (in working days following dispatch):
5.3. The delivery price is automatically calculated based on the shipping address defined by the Buyer during the ordering process and the weight of goods selected for ordering. The Buyer is automatically informed about the delivery price when adding selected goods to the shopping cart in the internet shop www.bymilash.com – the delivery price will be clearly displayed in the shopping cart’s itemized list.
5.4. The invoice and the receipt for the Buyer in a hardcopy form will be part of the package being delivered. Alternatively, these will be sent electronically by the Seller to the Buyer’s email address provided for the purposes of the order.
5.5. The warranty period of 24 months will commence as of the receipt of ordered goods by the Buyer.
5.6. In case the Buyer neither accepts the delivery of goods already dispatched nor withdraw from the contract the way described in section 6 of these GTC, the cost of sending ordered goods back to the Seller will be incurred by the Buyer.
6. WITHDRAWAL FROM THE CONTRACT BY THE BUYER
6.1. According to law valid in the Slovak Republic, the Buyer (the consumer) has a right to withdraw from the contract concluded for the sale of goods via the online internet shop, without providing the reasons for such withdrawal, within 14 days from the receipt of ordered goods. This possibility is given by the Consumer Protection Act for the sale of goods or services under a distance contract (Act No. 102/2014). This time limit for the withdrawal from the contract is valid in the whole European Union. If the the Buyer is from the country outside of the European Union, 30 days apply.
6.2. 14-day period for withdrawal from the contract starts from a day immediately following after the day when the Buyer received the goods ordered. In case the last day of this period is Saturday, Sunday or a public holiday, the following business day shall be the last day of this period. The Buyer can withdraw from the contract also before the receipt of goods ordered. The Buyer can withdraw from the contract also on the last day of the 14-day period. It shall suffice if the withdrawal is submitted to the Seller, it does not necessarily need to be delivered to the Seller as well within this 14-day period.
6.3. In case the Buyer wants to use the option to withdraw from the contract as described in the section 6 of these GTC, it needs to be done in writing within defined 14-day period and sent to the headquarters address of the Seller, as defined in section 1.1. of these GTC, or sent electronically to the Seller’s email address email@example.com.
6.4. To withdraw from the contract, the Buyer can use the template below:
WITHDRAWAL FROM THE CONTRACT – TEMPLATE
(the Buyer fills and submits this template to the Seller if wishing to withdraw from the contract)
To: Milash, s.r.o.
Na varte 2B
831 01 Bratislava
Tel.: +421 903 742 333
Hereby I declare, that I withdraw from the contract for below purchased goods: ………………………………………………………………………………………………………………………………………………
Order No./Order date/Receipt of goods date ……………………………………………………………………….
First name and surname of the Buyer (consumer) ……………………………………………………………….
Address, email, telephone of the Buyer (consumer): ……………………………………………………………. ………………………………………………………………………………………………………………………………………………
Buyer’s (consumer’s) signature …………………………………………………………………………………………….
(only in case the form is submitted in a hardcopy form/letter)
6.5. The Buyer is obliged to send ordered goods back to the Seller, at latest by 14th day from the day of the withdrawal from the contract. The Buyer incurs the cost of the submission of the goods to the Seller.
6.6. Returning goods must be undamaged, unworn, unused, in the original packaging, with tags and labels and with the original purchase receipt, else the Seller reserves the right to decide on the acceptance and refunding of such goods.
6.7. To use the right to withdraw from the contract, the Buyer has to present the original of the purchase receipt.
6.8. The Seller will inform the Buyer without delay about the receipt of his/her withdrawal from the contract in writing or via email. In case of doubts about sending or receiving the withdrawal from the contract (e.g. in case of undelivered letter), the burden of proof is on the Buyer to prove that he/she submitted the withdrawal to the Seller, therefore it is advised by the Seller, that the Buyer keeps the evidence of the submission requested from the Post Office. In addition, it is advised that the Buyer uses registered insured mail for such submission.
6.9. The Seller will refund the price for the purchased goods to the Buyer at latest within 14 days from Buyer’s withdrawal from the contract. The refund will be made using the same payment method the Buyer when making the payment for ordered goods (i.e. returning a cash payment, a bank transfer to the Buyer’s bank account, a refund to the Buyer’s payment card). In case the Buyer is willing to receive a refund differently, it is possible via a mutual consent with the Seller. The Seller will refund also the initial transport cost for sending goods to the Buyer which was paid by the Buyer when ordering goods, applying the lowest applicable delivery rate from the section 5 of these GTC. The refund will be made only after Buyer proves the submission of goods back to the Seller (e.g. by presenting the stamped receipt for the submission from the Post Office).
6.10. The goods cannot be returned by the Buyer to the Seller in a form of “Cash on Delivery“, such submissions will not be accepted by the Seller.
6.11. Only a Buyer-consumer can withdraw from the contract. According to the Consumer Protection Act (No. 250/2007), the consumer is an individual, who is not entering or pursuing the consumer contract as part of his or her business activity, employment or job. This means, that if the Buyer-consumer filled in the identification details of his or her business entity as part of the ordering process (e.g. filling in company ID, VAT number, etc.), then such a Buyer is not allowed to use the right to withdraw from the contract. The Seller, however, can to his or her own discretion, allow the Buyer to use this right.
6.12. If the Buyer realizes and decides that he or she wants to withdraw from the contract, still before receiving the information from the Seller on dispatching of goods to the buyer, it is very useful that the Buyer informs the Seller about this intention without delay as soon as possible, so the Seller can stop the process of expediting the goods to the Buyer immediately and avoid sending them to the Buyer, as these would need to be consequently sent back from the Buyer to the Seller.
7. WITHDRAWAL FROM THE CONTRACT BY THE SELLER
7.1. In special and rare situations the Seller may not be able to deliver the ordered goods under the conditions agreed in the contract, or may not be able to deliver these at all because of the reasons outside of the Seller’s control. If such circumstances occur, the Seller reserves the right to withdraw from the contract.
7.2. The Seller and the Buyer also have the right to withdraw from the contract, if the Seller finds out that the goods were mistakenly offered at incorrect price, and the Buyer has not accepted the price change (price increase for the goods) or an increase in the price for the delivery.
7.3. The Seller has the right to withdraw from the contract anytime until the receipt of goods by the Buyer.
7.4. In case the Seller withdraws from the contract, the Seller is obliged to inform the Buyer about this fact via email without undue delay, using the email address of the Buyer provided during the ordering process. Furthermore, the Seller is obliged to refund the full payment to the Buyer, if the payment for the order has already been made.
7.5. The Seller is not obliged to conclude the contract with the Buyer and the Buyer acknowledges this. The Buyer also acknowledges, that the Seller has the right to withdraw from the contract, if in one of the previous contracts concluded between the Buyer and the Seller concerning the obligations with respect to the Seller, the Buyer breached his or her duties toward the Seller in a material way.
8. GOODS EXCHANGE
8.1. In case the Buyer would like to exchange the goods, the same procedure as with the withdrawal from the contract applies (please refer to the section 6 of these GTC). This means that the Buyer will withdraw from the contract, return goods to the Seller sending these to Seller’s address listed in the section 1.1. of these GTC, and the Seller will sell new goods (e.g. different product or size) to the Buyer. The goods being exchanged are not handled as a claim as the Buyer is not applying the claim because of product defects, as there are no defects to the product in this case.
8.2. The goods being exchanged must be undamaged, unworn, unused, in the original packaging, with tags and labels and with the original purchase receipt.
8.3. The goods being exchanged cannot be sent by the Buyer to the Seller in a form of “Cash on Delivery“, such submissions will not be accepted by the Seller.
9. PERSONAL DATA PROTECTION
9.1. The Buyer agrees that his or her personal data in the extent of: the first name and the surname, address for sending the invoice and goods to, telephone contact and email address will be processed by the Seller for the purposes of handling and processing the order from the Buyer.
9.2. The Seller commits that, without a prior consent of the Buyer, will never share the personal data of the Buyer with third parties, with the only exception of the transporting company, which shall only receive personal data limited to and absolutely necessary for the correct delivery of the goods to the Buyer. The Buyer agrees to providing his or her personal data to the third party for this purpose.
9.3. The Seller will be storing the personal data of the Buyer mentioned in the section 9.1. of these GTC for an unlimited period in electronic and/or hardcopy form only for the purposes of internal commercial and statistical analyses in order to streamline and improve the efficiency of the ordering process for the Buyer and the Seller in the future. The Buyer can request the information from the Seller about how his or her personal data is stored, processed and maintained anytime and the Seller will send this information to the Buyer as soon as possible, without undue delay, to the email address of the Buyer. The Buyer can also request deleting and destroying his or her personal data in possession of the Seller, where the Seller shall fulfill this request within 24 hours following the said and shall inform the Buyer of the task completetion.
9.5. The personal data protection in the Slovak Republic is governed by the Personal Data Protection Act No. 122/2013 and its amendments.
10. FINAL PROVISIONS
10.1. All the contents and copyrights at the online internet shop www.bymilash.com remain the sole ownership and property of Milash, s.r.o. Any use of www.bymilash.com website, especially copying or reproducing the contents for other than personal, non-commercial use is prohibited without a prior permission obtained from the Seller.
10.2. These GTC becomes effective as of October 1, 2016. The contents of these GTC can be modified and updated by the Seller. A new GTC becomes effective immediately after published and publicly available at www.bymilash.com, which complies with the legal requirement for a written announcement of the actual valid GTC. The rights and duties agreed between the Seller and the Buyer based on the previous version of the GTC remain intact with the new released version of the GTC.
10.3. Communication language used between the Seller and the Buyer is English language and/or Slovak language.
10.4. The Supervisory Authority:
Slovenská obchodná inšpekcia
Inšpektorát SOI pre Bratislavský kraj
Prievozská 32, P.O. Box 5
820 01 Bratislava
10.5. The Seller and the Buyer commit to handling and resolving any conflicting situations that might arise as part of the contract fulfillment via a mutual consent and reconciliation, proactive communication and, if necessary, with the use of the mediator. Provided even after using above mentioned approaches there is no possibility to reach a mutual consent in the conflicting situation between the Buyer and the Seller, the parties can address their issue at court. The Seller and the Buyer agreed that in such a case the conflict will be passed for resolution to the locally competent court of the Seller.
10.6. These GTC constitute a legally binding commitment between the Buyer and the Seller, which is set up with the submission of the order by the Buyer to the Seller, by which the Buyer confirms that he or she read and understood these GTC, acknowledges and freely expresses the consent with its contents, as a result of which the Buyer is placing the order with the Seller.