General terms and conditions (the GTC)

This is a translation of the slovak GTC. In case of any uncertainities, the slovak version of the GTC will be taken into account.

General provisions and definitions

The Operator of e-shop www.diwear.eu, the seller and supplier of goods and services offered in this e-shop is:

ADAPTRADE Ltd.
Betliarska 9
851 07 Bratislava Slovak republic

Managing director: Jana Kelementová

Org: 44672772
Tax: 2022779418
VAT: non-payer of VAT
registered in the Commercial Register of District Court Bratislava I., Section: Sro, Insert no. 57326/B

The bank account number for cashless payments: IBAN: SK77 1100 0000 0026 2617 4984
BIC: TATRSKBX

Phone number:
+421 903 367150
+421 905 849366

E-mail: info@diwear.eu

Under these GTC the purchaser is natural or legal person, who has entered into a business relationship with the seller as a client (customer) and subscribes products and services from the seller through his online store. For the purposes of the Act no. 102/2014 Coll., consumer means a natural person, who buys goods or services used for direct personal consumption, especially for himself and members of his household and they don`t use them on the exercise of employment, profession or business.

E-shop is – a website that is placed on a publicly available network, allowing ordering offered goods and / or services. Goods or services are products published on the web pages of the e-shop.

The place of fulfilment is the place in which the goods is delivered.

Order and purchase agreement

Order arises by the confirmation of the ordering process in the e-shop after the selection of goods and services by the purchaser, including the complete filling the order form. Purchaser is to fill in the required information correctly in the order form and choose shipping and payment options for goods or services ordered. Purchaser agrees the price of these goods and services by sending an order and thus order becomes binding for him.

The purchase contract is formed by the confirmation of the order by the seller, which can be amended, cancelled or supplemented only by mutual agreement between the purchaser and the seller, unless the law or regulation provides otherwise.

After completing the order in e-shop the purchaser will receive an automatically generated e-mail confirming receipt of the order by e-shop. This e-mail is not a confirmation of an order under paragraph. 2 of this article.

The purchaser is obliged to pay the purchase price of the goods ordered by sending the order.

The rights and obligations of the parties

The term “Parties” means the seller and the purchaser.

The purchaser is obliged to:
– take over the goods ordered,
– pay the seller agreed remuneration for the goods,
– check the packaging of goods, respectively the product itself on takeover.

The seller is obliged to:
– Deliver goods to the customer in the required quality, quantity and agreed price,
– to send all documents relating to goods, such as an invoice for the goods (tax document), claim letter and operating instructions in codified form of the Slovak language. All documents will be sent with goods or additionally.

Price and payment conditions

Prices of goods and services shown in the e-shop www.diwear.eu are listed in Euros including VAT and are final. The prices shown on the website exclude postage, packing and bank charges (they depend on chosen payment method). For the price of the goods ordered via e-shop is considered the price valid at the time of receipt of order.

Purchaser can pay for the goods and services in the e-shop in the following ways:

1. in cash when paying personally
2. online payment through payment gateway
3. cashless payment for an invoice by the due date

The right of ownership passes from the seller to the purchaser in the moment when the full price for the subject of the purchase is paid and the subject of the purchase is given to the purchaser.

Terms of delivery

The seller will send the goods to the purchaser within 30 days of the formation of the purchase contract, unless agreed otherwise, or when the goods ordered not to include a longer delivery time.

If the goods is in stock, it will be dispatched by the seller in the shortest possible time by capacitance options.

If a purchaser orders a number of goods and services and some of them are not in stock, the seller will inform the purchaser indicating the possibility of partial delivery of the goods.

Seller implements transport to the purchaser by means of:

– Slovak Post
– personal pick-up at the point of delivery.

Liability for defective goods and warranty

Liability for defective goods and warranty solves claim procedure, which is an integral part of these GTC.

Fees

For bank transfer payment on an invoice basis or through payment gateways we charge for transport:

– personal pickup – 0.00 €
– Slovak Post – Local delivery (only available to customers from Slovakia) – 3,00 € (approx. 1-3 working days from dispatch)
– Slovak Post – Local delivery – Cash on delivery (only available to customers from Slovakia) – 4,00 € (approx. 1-3 working days from dispatch)
– Slovak Post – II. class – 5,00 € (approx. two weeks from dispatch)
– Slovak Post – I. class – 7,00 € (approx. 3-5 working days from dispatch)

The seller and the purchaser may agree a different standard (as defined above) for transfer of goods or services, as well as the prices for these services.

Cancelling the contract of sale

The purchaser has the right to cancel the ordered goods or services within 24 hours from the forming purchase contract without a cancellation fee.

The cancellation of orders can be carried out by the purchaser via e-mail. Upon cancellation must be mentioned: name, email, order number and a description of the goods ordered. Acceptance of the order cancellation confirms the purchaser via e-mail.

Seller has the right to cancel an order for the reason of sell out or unavailability of goods when he did all effort to fulfill the commitment, but yet he is unable to deliver the goods to the purchaser within the period specified by these GTC or in the price that is listed in the e-shop, unless the purchaser agrees to indemnification. Seller has the right to cancel the order also in case when the data specified by the buyer in the order do not correspond to reality.

The seller will inform the purchaser about the order cancellation via e-mail.

The consumer`s right to return the goods without any reason and consumer`s guidance

The consumer has, under Law no. 102/2014 Coll. Consumer Protection in the sale of goods or provision of services on the basis of the distance contract or contract outside the premises seller and amending certain laws (hereinafter referred to as the “Act”) pursuant to § 7 and following, the right to cancel his purchase within 14 calendar days from the date of receipt of goods. If the supply of goods is specified in the contract of sale, the consumer has the right to cancel the contract before the goods is delivered.

The consumer is required, if he wants to use this right, to provide a written withdrawal from the contract personally no later than the last day of the specified period, the contact address of the seller or the withdrawal submit for posting later than the last day of the determined period to the address that is listed in the Contacts section. The consumer is required after noticing of withdrawal from the contract to send or deliver personally the subject of the contract, from which he withdraws, together with all related documentation, which was received with the goods, but not later than 14 days from the date of withdrawal (§ 10 paragraph. 1 of the Act) . Purchasers are encouraged to draw up copy of the invoice for their own use and to send the goods to the seller as insured shipment. The withdrawal can be used in the following form: Withdrawal from the contract, which should be completed at least with the data marked with an asterisk.

Do not return goods by cash on delivery, such a goods will be not taken over. E-shop operator returns paid consideration for goods / services, including transport costs within the meaning of Section §9 sect. 3) Act no. 102/2014 Coll, as well as costs incurred proven to order the goods, within 14 days of receipt of the withdrawal from the contract. Seller does not return the money before he the goods are delivered or consumer demonstrates delivering the goods. This does not apply if the seller is proposed to collect the goods himself. The costs of returning goods is paid by the consumer. The right of withdrawal does not apply to goods and services, as defined in § 7 sect. 6 point. a) to l) of the Act no. 102/2014. Coll. The consumer shall bear any diminished value of the goods, which was caused by its use beyond what is necessary to determine the functionality and characteristics of the goods.

Privacy Policy

Personal data are processed in accordance with the Act. 122/2013 Coll. on the protection of personal data as amended.

The operator does not provide personal information of the purchaser to a third party, in addition of the shipping company for delivery of goods or services or a public authority for inspection.

The operator acquires the following personal information from the purchaser: title, name, address, shipping address, phone number, e-mail address. Personal data provided by the purchaser are processed to correct order to be completed.

The operator is required to secure personal information and only authorized persons can see them.

If the purchaser agrees to process his personal data when registering at e-shop for marketing purposes, in particular, has agreed to receive e-mail messages to the contact e-mail address, to be called on the phone or to receive mail to the contact address. The purchaser may his consent revoke any time in writing by sending Appeals to the processing of personal data, and these will be immediately blocked or liquidated by the seller.

Contractual fine

Seller reserves the right to grant the purchaser a contractual penalty of 10 € (in words ten euros) in case that a contract of sale was not withdrawn correctly or when bought product was not collected, so he was sent back to the seller, or when the purchaser has been asked to take over the goods, but he did not do it, as he broke the provisions of these GTC this way.

This contractual penalty includes the cost of transportation and other expenses of the seller, relating to non-fulfillment of the purchase contract.

The supervisory authority

The supervisory authority is:

Slovenská obchodná inšpekcia (SOI)
Inšpektorát SOI pre Bratislavský kraj
Prievozská 32, P.O.Box 5, 820 07 Bratislava 27

Odbor technickej kontroly výrobkov a ochrany spotrebiteľa
phone.no.: +421 2 5827 2172-3,
fax no.: +421 2 5827 2170

Final provisions

Seller reserves the right to amend and complement these GTC and Return policy without noticing the purchaser. In case of a GTC or Return policy changing, procedure of sale is processed through the GTC, which were in force at the time of submitting the order of the purchaser and which were available on the website of the seller. An integral part of these GTS is the Return policy.

By submitting an order the purchaser confirms he has read the GTC and the Return policy and agrees with their wording.

These GTC and Return policy are available for inspection at the registered office of the seller as well as they are published on the website of the e-shop.

Unadjusted relations of these GTC, as well as an integral part thereof (Annex) shall be governed by the relevant provisions of the particular Act no. 40/1964, Law no. Coll. 250/2007, Law no. Coll. 102/2014, Law no. 122/2013 Coll., Law no. 22/2004 Coll. and Act no. 513/1991 Coll.

These GTC including its integral part, become valid and effective 16/02/2015.

In Bratislava, 16/02/2015.