GENERAL TERMS AND CONDITIONS
1. GENERAL TERMS
These general terms and conditions regulate the rights and obligations of IBSC Group s.r.o., with its registered office at Račianska 88/B, 831 02 Bratislava, IČO: 53 021 428, registered in the Business Register of the District Court Bratislava I, section: s.r.o. , Insert number: 145503/B, phone number 0910549900, e-mail: sales@lucymark.com (hereinafter referred to as the "seller") and the buyer.
The seller is the operator of the internet portal www.lucymark.com
A buyer is a natural or legal person who registers through the seller's web interface or orders goods through it (hereinafter referred to as "buyer").
By using the seller's internet interface and confirming the order, the buyer agrees to these terms and conditions.
1. DEFINITION
1.1 Activity board/activity box, Monti-board/Monti-box
Monti-board/montibox Activity board / activity box is a didactic aid for the development of fine motor skills, custom-made according to the client's requirements. Contains small parts, cords and non-toy elements. Therefore, adult supervision is recommended.
IT'S NOT A TOY!
2. AN ORDER
2.1. The buyer orders the goods through a binding order a) from the seller's website, by phone or email b) by ordering via the social networks Instagram, Facebook.
An order made in this way is considered binding and, in accordance with the Act on Consumer Protection for Door-to-door Sales and Mail-order Sales, as amended, is understood as a contract concluded at a distance.
2.2. With each order, the buyer must state the first and last name, delivery and billing address, telephone number, e-mail; natural and legal person entrepreneur' also ID number, VAT number, name of goods,
According to the Personal Data Protection Act, these data will only be used within the framework of the business relationship between the seller and the buyer and will not be provided to a third party (with the exception of the person providing the transport of the goods).
2.3. After the order is created, this order will be registered in the seller's system, and at the same time a business relationship between the seller and the buyer is created. Within 24 hours (on working days) at the latest, the seller will verify the order, the method of transport and announce the possible delivery time or collection date, the final price and the method of payment. From this date, the order is binding for the buyer.
2.4. The buyer has the right to cancel the order free of charge within 24 hours of ordering the goods without giving a reason. The seller will notify the buyer of the cancellation confirmation in writing.
2.5. If the seller cannot deliver the ordered goods, he has the right to cancel such an order. If the amount for the ordered goods has already been paid, the seller will send it back to the buyer by bank transfer.
A condition for the validity of an electronic order is its true and complete completion. The sent order is a draft purchase contract. The purchase contract is created by confirmation of the order by the seller via e-mail. By confirming the electronic order (web, instagram, facebook), the buyer bindingly confirms that he has familiarized himself with these terms and conditions and that he agrees with them. By sending an electronic order, the buyer accepts all provisions of the terms and conditions in the wording valid on the day the order is sent, as well as the valid price of the ordered goods listed on the website. Ownership of the goods is transferred to the buyer upon acceptance and payment of the purchase price.
3. DELIVERY TERMS
3.1. Delivery times are different for different types of goods. The date of delivery or collection of the goods will always be notified to the buyer when the order is verified.
3.2. In general, the term of delivery or collection of goods is from 7 to 28 days from the date of order verification, depending on the type of order (stock goods, custom order - according to the client's requirements)
3.3. In exceptional cases, when some types of goods are not in stock and are not available from manufacturers and importers, the delivery time may be longer.
4. PRICE, PAYMENT TERMS AND SHIPPING CHARGES
4.1. The price of the goods is listed on the seller's website. Prices may be subject to change. The seller reserves the right to change prices following changes in the prices of manufacturers and importers. The valid price of the goods will always be announced when the order is verified.
4.2. The buyer makes the payment in cash, cash on delivery, transfer to the seller's account or electronic payment.
4.3. When handing over the goods, the buyer pays the price for the goods + shipping and, if applicable, the cash on delivery price.
4.4. The buyer chooses the shipping method himself when creating the order
4.5. The amount of shipping costs will always be notified to the buyer when verifying the order.
5. TAKING OVER THE GOODS
5.1. The buyer undertakes to take over the goods at the agreed date at the address indicated on the order.
5.2. When receiving the goods, the buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the buyer is obliged to immediately contact the seller without taking delivery of the shipment and write a note about the damage to the shipment with the shipping company. Any later claims for quantity and physical damage to the goods will not be accepted.
5.3. The buyer acquires ownership rights to the goods only upon payment of the full price and other amounts agreed in the distance purchase contract to the seller's account. Until the transfer of ownership rights from the seller to the buyer, who has possession of the goods, the buyer has all the obligations of the custodian of the goods and is obliged to store the goods safely at his own expense and mark them so that they are identifiable as the seller's goods under all circumstances.
5.4. The seller is entitled to demand the fulfillment of obligations, in particular the payment of the price for the goods, regardless of the fact that the ownership of the goods has not yet passed to the buyer.
5.5. The risk of damage to the goods passes to the buyer at the moment of taking over the goods by the buyer or his representative.
6. WITHDRAWAL FROM CONTRACT
6.1. The buyer is entitled to withdraw from the contract without giving a reason within 14 working days from the day of receipt of the goods. Withdrawal from the contract must be made in writing, must contain all data used to identify the goods, must be delivered together with the goods to the address of the seller or another that the seller determines.
6.2. The goods must not be damaged, used, must be in the original packaging, and together with the goods, the buyer must hand over all documents related to the goods in question (operating manual, warranty card, proof of purchase, etc.) that he received when purchasing them. The buyer agrees and acknowledges that written form in this case means the deed of withdrawal from the purchase contract signed by the buyer.
The goods are not returned for cash on delivery. Goods sent in this way are not accepted and returned.
6.3. In compliance with the above obligations of the buyer, the seller will take back the goods and, within 15 days from the date of withdrawal from the contract, return the price paid for the goods or the advance payment that the buyer paid for the goods to the buyer in a previously agreed upon manner.
6.4. The buyer cannot withdraw from the purchase contract concluded at a distance, especially in the following cases:
a) if it is a contract that also includes the provision of a service, if the service began to be performed with the consent of the buyer before the expiry of the period for withdrawing from the contract
b) if it is a contract, the subject of which is the sale of goods or services, the price of which depends on the movement of prices on the financial market, which the seller cannot influence
c) if it is a contract, the subject of which is the sale of goods made according to the specific requirements of the buyer or goods intended specifically for one buyer, or goods that cannot be returned due to their characteristics
6.5. The seller reserves the right to cancel the order (withdraw from the contract) or its part if:
a) the goods are not manufactured or have been discontinued
b) the price of the supplier of goods has changed
c) the displayed price of the goods was incorrect
7. WARRANTY AND SERVICE
7.1. In general, the warranty period for the performance of consumer contracts is set at a minimum of 24 months or is limited by the expiration date of the goods. In this case, the buyer is a person who does not act within the scope of his commercial or other business activity. Only goods purchased and paid for at the seller can be complained about. When making a claim, the buyer is obliged to deliver (if the nature of the goods allows it - pawned goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty card, invoice or other proof of payment for the goods to the seller. When making a claim, the buyer follows the instructions given in the warranty letter.
7.2. The right to a warranty expires in the event that the error occurred due to mechanical damage to the product, operating the product in inappropriate conditions, improper assembly, non-compliance with relevant standards by the buyer or the person who performed the assembly for the buyer, or if the product was tampered with by someone other than an authorized person. Defects caused by natural disasters and improper handling are also excluded from the warranty.
7.3. In the event of a claim, it is recommended that the buyer notify the seller by telephone that the goods in question have a defect and how it manifested itself. On the basis of this information, the buyer will be recommended the next procedure for handling the complaint.
8. FINAL TERMS AND CONDITIONS
8.1. The seller reserves the right to change the price. When the price changes, the seller contacts the buyer. The buyer has the right to cancel the order at such adjusted prices.
8.3. The buyer declares that he has familiarized himself with these general terms and conditions before completing or announcing the order and that he agrees with them.
8.4. Regardless of the other provisions of the contract, the seller is not liable to the buyer for lost profit, loss of opportunities or any other indirect or consequential losses due to negligence, breach of contract or incurred in any other way.
8.5. These general terms and conditions were formulated and established in good faith, in order to fulfill the legal conditions and to regulate the correct business relations between the seller and the buyer. In the event that some provisions of these conditions are proved by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision remain unaffected.
8.6. The rights of the buyer (consumer) in relation to the seller resulting from the Consumer Protection Act no. 634/1992 Coll. as amended and regulations and Act on consumer protection in door-to-door sales and mail-order sales no. 108/2000 Coll. as amended and regulations remain unaffected by these conditions.
Legal relationships and conditions not expressly regulated here, as well as any disputes arising from non-fulfillment of these conditions, are governed by the relevant provisions of the Commercial or Civil Code.
8.7. The seller and the buyer agree that they fully recognize long-distance communication - telephone, electronic form of communication, especially through electronic mail and the Internet, as valid and binding for both contracting parties.
8.8. All personal data provided by the buyer as part of the order of goods or registration via the website www.lucymark.com are collected, processed and stored in accordance with Act no. 122/2013 Coll. on the protection of personal data.
By sending the order, or by concluding a purchase contract, the buyer gives in accordance with Act. no. 122/2013 Coll. the consent of the seller to the processing, collection and storage of his personal data for the purposes of concluding a purchase contract, processing orders and related communication with the buyer.
The buyer has the right to access his personal data, the right to correct it, including other legal rights to this data.
8.9. The seller does not provide, publish or make available personal data of buyers to any other person, with the exception of: companies providing transportation of goods, to which personal data of buyers are transferred to the minimum extent necessary for the purpose of delivery of goods.
8.10. Consent to the processing of personal data and the sending of business information is granted for an indefinite period of time and can be revoked at any time free of charge by an explicit and specific statement in writing addressed to the seller, by post, by telephone or electronically to the e-mail sales@lucymark.com By revoking consent to the processing of personal data, the registration will be canceled at the same time.
8.11. The buyer has the right to contact the seller with a request for correction if he is not satisfied with the way in which the seller handled his claim or if he believes that the seller has violated his rights.
If the seller responds negatively to the buyer's request or does not respond to it at all within 30 days from the date of its sending, the buyer has the right to submit a proposal to start an alternative dispute resolution (hereinafter referred to as "ARS").
Only disputes resulting from the contract between the seller and the buyer (consumer) and disputes related to this contract can be resolved using the ARS form, with the exception of disputes according to section § 1 par. 4 of Act no. 391/2015 Coll. and disputes whose value does not exceed EUR 20. The proposal to start the ARS is submitted to the ARS entity according to sec. § 3 of the cited law, with the help of a platform or form designated for that purpose, the model of which is annex no. 1 of the cited law.
The ARS entity may request payment of the ARS initiation fee from the buyer, but up to a maximum of EUR 5 including VAT. If several entities are responsible for the ARS, the buyer has the right to choose which of them to submit the proposal to. In addition to the ARS, the consumer has the right to turn to the materially and locally competent general or arbitration court.