TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS (GTC)
Shop provider (Seller)
Born to Trick s.r.o. (we), based in Východná 2337/15, 911 08 Trenčín, ID number 47503238, stated in Commercial Register of County Court Trenčín, Oddiel Sro, File: 29415/R
Personal or legal entity registered on the e-shop (you). Business relations (as well as other legal relations that might arise under it) with personal entities, who do not follow these GTC while forming their business contracts within the subject of their business, are obliged to follow besides general statutes of Civil Code also specific statutes, above all law number 108 of the Consumer Protection in doorstep selling and distance selling Act 2000, law number 250 of the Consumer Protection Act 2007.
Order, how the Contract is formed
Electronic order is only valid if all the required information in the Registration Form is truthfully filled in. Every order must contain: name of the Buyer, contact person, mailing and invoicing address, phone number, IČO, DIČ (companies only), the order code of the Product, number of ordered items, date of issue, method of payment, and method of delivery. We process the orders respectively, in the order we receive them.
All received electronic orders are considered contract proposals and are not binding.
The Contract is formed on the basis of acceptance of the Order of Goods by Us, i.e. by a written confirmation of this correctly and fully filled order in electronic form. We reserve the right to adjust the price of the ordered Goods (Seller does not guarantee the price of the Goods presented in the price list at the time of placing the order, because it is dependent on the price change by our supplier of that particular Product).
Seller can, in case of Order placed for the Product created according to specific requirements of the Buyer, request an agreed deposit. By paying the deposit, the purchased Product becomes a subject of Goods defined by § 12 section 5 law number 108/2000 Z.z. consumer protection in doorstep selling and distance selling and later regulations. According to § 588 of the Civil Code, Seller is therefore obliged to deliver the subject of sale and Buyer is obliged to accept it and pay the agreed price.
If Buyer does not pay and accept the subject of sale, Buyer can demand compensation for the loss caused by failure to discharge the obligation, which is charges a contractual fine. Contractual fine is stated at 10% of the price of the subject of sale. Buyer is not dismissed the obligation to pay the full price by paying the contractual fine.
If Buyer is late for accepting the Product, Seller can store the subject of sale at their premises or with another keeper or, after notifying, it can be sold on behalf of Buyer.
Buyer may cancel the order with no charge on the day of placing the order in case it has not been invoiced yet. It is possible to cancel the Order via phone, fax, mail or e-mail. The confirmation of cancelling the order will be announced in written form (by fax, mail or e-mail)
Rescission of Contract
You may rescind a Contract for any reason until the end of a cooling-off period, which is for seven working days beginning on the day, you received the Goods. You must cover the delivery charges of the returning Goods. Defective or returning Goods must be sent to our address as a mail with agreed insurance against damage caused on delivery. We do not accept COD. You cannot cancel a Contract, if you buy Goods at our shop in person.
If a Product is damaged, used, or incomplete, the refund may be reduced by the value of the damage, i.e. 1% of the full price of a Product (in accordance to restrictions in§ 457 of the Civil Code).
You cannot cancel a Contract with following subjects:
-service, if it started proceeding with your agreement before the end of our seven-days cooling-off period.
-Product, which was processed on the basis of specific requirements from the Buyer; or Product, dedicated to a single Buyer, which due to its specific properties cannot be returned (mainly due to hygiene e.g. matrasses, sun-loungers…)
- audio or video recordings or PC programmes, which you unpack
Contract cancellation must be provided via delivery of a notice for Contract cancellation together with delivery of subject Product and all belonging documents. It might be not clear, weather we deal with Contract cancellation, Complaint filing or other requirement form the Buyer, therefore Contract cancellation must be filed in writing. Electronic means of communication is not sufficient for Contract cancellation.
We can rescind the Contract, if we are not able to deliver the Product in time or at the price given by these GTC and we do not agree (with you) otherwise, or if you fail to fulfil your duties related to Order placement.
The Goods will be delivered to the address indicated in the Registration Form of our shop as place of your residence or the location of your company. Goods will be delivered by us using the services of a third party (courier service) or we will deliver Goods by our own means or, according to preceding agreement, Goods will be prepared in stock unless clearly arranged otherwise.
The ownership will pass to you by delivery of Goods under the condition of purchasing the full price. Until the time of the passing ownership from the Seller to the Buyer, who is in possession of the products and services, the Buyer is under all obligations of the keeper of the Goods and is obliged to safely store and mark the Goods on their own behalf in such manner, that these are identifiable as the Goods belonging to the Seller in any circumstances.
In case buyer does not pick up delivery in time, and the delivery returnes back to seller. Buyer will pay for new carrier shipping costs to his costs. In case buyer does not pick up the delivery, because he has no more interests in goods and delivery returnes back to seller, customer will get a credit note in the amount of product without shipping.
With some groups of Products (Goods over 100kg weight or large size) the delivery price can be changed due to different pricing by courier service provider, of which we will inform you by phone before the Contract is formed.
Prices quoted on the web sites of our shop are valid only for the purchase via the shop system. Advisory service, delivery and other such services are excluded from the price unless provided in the product description. Prices are placed according to the valid price list. We are under obligation to deliver the product for the price valid at the time of placing your order.
Warranty period for the consumer Contracts fulfilment is set by law to minimum 24 months from the day of forming the sales Contract or by expiry date of the Product and starts on the date of acceptance of Goods and confirmation of necessary documents connected to Goods by an authorised person.
If the Goods were delivered damaged, you have the right to request a money refund or place a new order.
We (the provider of the e-shop) cannot accept Goods returned via COD. Buyer must send the Goods as regular or business mail packet or via courier service.
If you meet all conditions for returning the Goods, we will reimburse the full price or after agreement we will exchange the returned Product for a different one for the same price. Such Product will be sent either with your next Order or separately. If sent separately, we do not charge shipping and packaging costs.
It is only possible to return only Goods bought at and purchased to Seller. To place a Complaint you must fill in a Complaint form and wait for further instructions and consequently deliver the Product clean, with no mechanical damage, in original package including the manuals or invoice to Seller or authorized liability service. Information on liability service can be found on the reverse side of warranty information, or we can provide it via phone/e-mail upon your request. Automatic confirmation of your complaint will be sent to your e-mail account after successful filling of the Complaint form. To place a Complaint please, follow the instructions on the warranty information, or contact us for details.
You lose the right to place a Complaint if the damage was caused mechanically, by using the Product in unsuitable conditions or if there was interference by unauthorized person. Damage caused by natural disaster or improper use of Product are also exempt to the warranty.
Exchange of Goods
In case a buyer would like to exchange already delivered goods in the same price amount or a different price amount (for example a buyer chose a wrong size), it is possible to change the goods under conditions that the buyer sends back already delivered goods and takes over the shipping costs for new goods.
These general conditions and terms are in force as quoted on the web site of the provider on the day of electronic Order submission unless both participating parties agree otherwise.
Buyer accepts all regulations of GTC by electronic Order submission as quoted on the day of placing this submission.
Buyer confirms that before filling the Order he has read and accepted these GTC. We take no responsibility for any loss of income, loss of opportunity or any further indirect losses caused by, negligence, breach of contract or otherwise. If some regulations or parts of regulations in these GTC are assigned as invalid or unenforceable by law or governmental authority of Slovak Republic, the validity and enforceability of other regulations and remaining parts of that regulation remains in force.
Relations between both parties not covered in these GTC shall be governed by the provisions of the law no. 40/1964 Coll. Civil Code, as amended, law no. 250/2007 Z.z. Consumer Protection Act and on the Slovak National Council. 372/1990 Coll. on Offences, as amended, and law no.108/2000 Z.z. on consumer protection in doorstep selling and distance selling, as amended, law no. 22/2004 Z.z. electronic commerce, as amended, or other laws of Slovak law.
Seller and Buyer have agreed to fully accept electronic means of communication.