General Terms and Conditions
- The General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) are in accordance with the provisions of Act no. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act no. 250/2007 Coll. on Consumer Protection, as amended, Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the “Consumer Protection Act”), Act no. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services on the basis of a Distance Contract or an Off-Premises Contract, as amended (hereinafter referred to as the “Distance Consumer Protection Act“)
Berber Rose s.r.o (limited liability company)
Company ID: 52417964
VAT no.: 21211036489
Registered office: Pohraničná 7,
entered in the Commercial Register of the District Court of Nitra, Section Sro, File Reg. No. 48279/N,
tel. no.: +421 905 525 209
(hereinafter referred to as the “Seller“)
- The Terms and Conditions govern the mutual rights and obligations between the Seller and the natural person concluding the purchase contract (hereinafter referred to as the “Buyer”) through a web interface located on the website available at http://www.berberrose.com (hereinafter referred to as the “Online store”).
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Different arrangements agreed in the purchase contract shall take precedence over the provisions of the Terms and Conditions.
- The Terms and Conditions and the purchase contract are in Slovak and English.
- Information about goods and prices
- Information about the goods, including the prices of individual goods and their description are given in the online store catalog. The prices of the goods displayed include value added tax, all related fees and costs for the return of the goods, if the goods cannot be returned by post due to their nature. The prices of the goods are valid for the time they are displayed in the Online store.
- All goods presented in the Online store catalog are of an informative nature and the Seller is not under any obligation to enter into a purchase contract regarding these goods.
- Information on the costs of packaging and shipping of goods is published in the Online store. Information on costs of packaging and shipping of goods listed in the Online store applies only to goods delivered within the territory of the Slovak Republic.
- Discounts on the purchase price of the goods may not be combined with other discounts, unless the Seller and the Buyer agree otherwise.
III. Order and conclusion of the purchase contract
- The costs incurred by the Buyer while using means of distance communication in connection with the conclusion of the purchase contract (Internet connection, telephone calls) shall be borne by the Buyer himself.
- The Buyer orders the goods in the following ways:
- using his customer account after registering in the Online store,
- by filling in the order form without registering.
- When placing an order, the Buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
- Before placing an order, the Buyer shall check the data he has entered in the order. The Buyer places the order by clicking on the order button. The data provided in the order are considered correct. The order is considered valid if all mandatory information in the order form are filled in and the Buyer confirmed that he has read the Terms and Conditions.
- Immediately after placing an order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address the Buyer entered when placing the order. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the currently valid Terms and Conditions of the Seller. The purchase contract is concluded only after the order is accepted by the Seller. Notice of receipt of the order is delivered to the Buyer’s e-mail address. / Immediately after the order is received by the Seller, the Seller shall send the Buyer an order confirmation to the e-mail address the Buyer entered when placing the order. This confirmation is considered an act of concluding a contract. Attached to the confirmation are the currently valid Terms and Conditions of the Seller. The purchase contract is concluded the moment the Seller confirms the order in the e-mail sent to the e-mail address of the Buyer.
- In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller shall send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract. The new purchase contract is concluded on the basis of the Buyer’s confirmation of the amended offer sent to the Seller.
- All orders received by the Seller shall be binding. The Buyer is entitled to cancel the order prior to the moment the Buyer sends an order receipt notification to the Seller. The Buyer is entitled to cancel the order by phone or e-mail using Seller’s contact details specified in the Terms and Conditions.
- In the event that it is obvious a technical error on the part of the Seller occurred when displaying the price of goods or when placing an order, the Seller shall not be obliged to deliver the goods to the Buyer for this incorrect price, even if the Buyer was sent an automatic order receipt notification according to the Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract. The new purchase contract is concluded on the basis of the Buyer’s confirmation of the amended offer sent to the Seller.
- Customer account
- Following the Buyer’s registration made in the Online store, the Buyer is allowed to access his customer account. Using his customer account, the Buyer can order goods. The Buyer can also order goods without having to register.
- When registering the customer account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the Buyer in the customer account and when placing an order are considered by the Seller as correct.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information needed to access his account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer shall not allow third parties to use the customer account.
- The Seller is entitled to cancel the user account, especially if the Buyer does not use his user account for a long time or if the Buyer violates his obligations under the purchase contract or the Terms and Conditions.
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software carried out by the Seller or of third parties.
- Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the Buyer in the following ways:
- bank transfer to the bank account of the Seller no. ….. maintained by Tatrabanka Slovakia
- credit or debit card,
- bank transfer to the Seller’s Paypal account.
- Together with the purchase price, the Buyer is obliged to reimburse the Seller the costs associated with packaging and shipping of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the shipping of goods.
- In the case of bank transfer, the purchase price is payable within 5 days of concluding the purchase contract.
- In the case of payment using the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the time the relevant amount is credited to the bank account of the Seller.
- The Seller does not require any advance or other similar payment from the Buyer. Paying the purchase price before the goods are shipped shall not be considered an advance payment.
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the revenue with the tax administrator online, in the event of a technical failure within 48 hours at the latest.
- The goods are delivered to the Buyer’s address specified by the Buyer in the order.
- The choice of shipping method is made when placing the order.
- The costs of shipping, depending on the shipping method, are specified in the Buyer’s order and the order confirmation sent by the Seller. If the shipping method is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this shipping method.
- If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon their delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event the packaging indicates unauthorized entry into the consignment, the Buyer is entitled to decline taking over the consignment from the carrier.
- The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the Buyer’s e-mail address. / The tax document is attached to the delivered goods.
- The Buyer acquires the ownership right to the goods by paying the full purchase price of the goods, including shipping costs, the earliest by taking over the goods. Liability for accidental damage, damage or loss of the goods passes to the Buyer at the time of receipt of the goods or the moment the Buyer was obliged to take over the goods, but did not do so, thus violating the purchase contract.
- Withdrawal from the contract
- The Buyer who has concluded the purchase contract as a natural person – a consumer has the right to withdraw from the purchase contract.
- If the purchase contract is concluded as a distance contract (via Online store) and at the same time if the Seller has provided the Buyer with information on the right to withdraw from the purchase contract, conditions for doing so, deadline and procedure for exercising the right to withdraw from the purchase contract in accordance with the provisions of Art. 3, par. 1, letter h) of the Distance Consumer Protection Act in a timely and proper manner, the Buyer, pursuant to Distance Consumer Protection Act, has the right to withdraw from the purchase contract without giving a reason and without any sanctions being imposed hereinafter.
- The period for withdrawal from the purchase contract is 14 days from:
- the moment of taking over the goods delivered last, if the subject matter of the purchase contract is delivered separately
- the moment of taking over the last part or the last piece, if the subject matter of the purchase contract is several types of goods or parts,
- the moment of taking over the first delivered goods, if the subject matter of the purchase contract is goods delivered during a defined period.
- The Buyer acknowledges that in accordance with the provisions of Art. 7, par. 6 of the Act on Distance Consumer Protection Act he is not entitled to, inter alia, withdraw from the purchase contract in the following cases:
- the provision of the service, if the provision of the service began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by granting his consent, he loses the right to withdraw from the contract after the service has been provided in full,
- the sale of goods made pursuant to the consumer’s specific requirements, custom-made goods or goods intended specifically for one consumer,
- the sale of goods which are subject to rapid deterioration or degradation,
- the sale of goods enclosed in a protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been opened after delivery,
- In order to comply with the deadline for withdrawal from the purchase contract, the Buyer must send an unambiguous statement expressing his will to withdraw from the purchase contract within the period specified in par. 3 of Article VI of the Terms and Conditions.
- To withdraw from the purchase contract, the Buyer can use the sample form for withdrawal from the purchase contract provided by the Seller. The withdrawal from the purchase contract shall be sent by the Buyer to the e-mail or delivery address of the Seller specified in the Terms and Conditions. The Seller shall confirm to the Buyer the receipt of the withdrawal form without delay.
- The Buyer who withdrew from the purchase contract is obliged to return the goods to the Seller within 14 days of withdrawal from the purchase contract.
- If the Buyer withdraws from the purchase contract, the Seller shall reimburse the Buyer without delay, but no later than within 14 days of withdrawal from the purchase contract, all funds, including shipping costs, which he has received from him, using the same channel.
- If the Buyer has chosen other than the cheapest method of shipping offered by the Seller, the Seller shall reimburse the Buyer the cost of the cheapest shipping method.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to reimburse the funds received before the Buyer hands over the goods or proves that he has sent the goods to the Seller.
- The goods must be returned by the Buyer undamaged, not worn and uncontaminated and in the original packaging. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer’s right to a refund of the purchase price.
- The Seller is entitled to withdraw from the purchase contract if the goods are out of stock, goods are unavailable, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and return all funds, including shipping costs using the same channel or in the manner specified by the Buyer within 14 days of notification of withdrawal from the purchase contract.
VII. Defective performance
- The Seller shall be responsible for a damage-free state of goods send to the Buyer. In particular, the Seller states that at the time the Buyer takes over the goods:
- the goods have the characteristics agreed by the parties and, in the absence of special arrangements, have the characteristics described by the Seller or the manufacturer or expected by the Buyer given the nature of the goods and the advertising,
- the goods are fit for the purpose stated by the Seller or for which goods of the same type are commonly used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the agreed quantity or weight, and
- the goods comply with the requirements of legal regulations.
- Obligations arising from incorrect performance of the Seller shall overlap those of the manufacturer. The Buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twelve months of taking over the goods in question.
- If the packaging of the goods, instructions accompanying the goods, goods-related advertising indicate the expiry period in accordance with other legislation, the provisions of the quality guarantee shall apply during that period. Under the guarantee of quality, the Seller undertakes that the goods are fit for normal use or that they will retain their usual properties for a certain period of time. Should the Seller be justly blamed for the defect in the goods, the warranty period shall not run for the period the Buyer is not able to use the goods in question.
- The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which a lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods featuring a defect corresponding to the degree of use or wear known to the Buyer at the time of taking over the goods, or if it follows from the nature of the goods. The right related to defective performance shall not be exercised by the Buyer if he knew that the goods have a defect prior taking over the goods, or if the Buyer himself caused the defect.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request:
- exchange of goods,
- repair of goods,
- reasonable discount from the purchase price,
- withdraw from the contract.
- The Buyer has the right to withdraw from the contract,
- if the goods have a major defect,
- if he cannot use the goods due to the recurrence of the defect or defects after repair,
- there is a larger number of defects in the goods.
- A substantial breach of the purchase contract shall mean the party in breach of the contract already knew at the time of concluding the contract or must have known that the other party would not have entered into the contract had it foreseen such a breach.
- In the case of a defect that means a minor breach of the contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
- If a remediable defect has occurred after a repair (usually the third complaint regarding the same defect or the fourth in case of a different defect) or the goods have a large number of defects (usually at least three defects at the same time), the Buyer has the right to a discount on the purchase price, replacement of goods or withdraw from the contract.
- When filing a complaint, the Buyer is obliged to inform the Seller which of the above he has chosen. Changing the choice without the consent of the Seller is possible only if the Buyer chosen the option “removal of the defect” and it turns out it is not possible to remove the defect. If the Buyer fails to choose the way the defective performance is addressed in due time, he has the same rights as in the case of a minor breach of the contract.
- If repair or replacement of the goods is not possible, the Buyer is entitled to demand a refund of the purchase price in full upon his withdrawal from the contract.
- If the Seller proves that the Buyer knew about the defect in the goods before taking over the goods or caused the defect himself, the Seller is not obliged to comply with the Buyer’s claim.
- The Buyer cannot claim discounted goods for the reason for which the goods were discounted in the first place.
- The Seller is obliged to issue a written confirmation containing information on the time the Buyer filed the complaint, the subject matter of the complaint and the method the Buyer wishes to handle the complaint, as well as confirmation of the date and method of handling the complaint, including confirmation on defect removal and defect removal period, or written justification of the complaint rejection.
- The Seller or an employee authorized by him shall decide on the complaint within three working days. This period does not include the time needed for a professional assessment of the defect. Complaints, including the defects removal process, must be handled immediately, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. Should the time limit expire in vain, this is considered a material breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment the complaint is filed is considered to be the moment the will of the Buyer (exercising the right from defective performance) is announced to the Seller.
- The Seller shall inform the Buyer in writing on the way the complaint is handled.
- The Buyer is not entitled to exercise his defective performance rights if he was informed that the goods have a defect before taking them over or if the he caused the defect himself.
- Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver any correspondence addressed to the Seller to the e-mail address specified in the Terms and Conditions. The Seller shall deliver correspondence addressed to the Buyer to the e-mail address specified in his customer account or in the order.
- Personal information
- All information you provide is confidential and will be treated as such. If you do not give us written consent, we will not use your data for any other purpose than for the purpose of performance under the contract, except for the e-mail address to which you may be sent newsletters, unless you opt out. The newsletter will only concern goods similar or related to goods you purchased and you may unsubscribe to the newsletter at any time by sending a letter, e-mail or by clicking on a link in the newsletter. The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
- Out – of – court dispute resolution
- The Slovak Trade Inspection, with its registered office at P. O. BOX 29, Bajkalská 21 / A, 827 99 Bratislava, website: https://www.soi.sk/sk, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer under the purchase contract.
- European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / A 827 15, Bratislava 212 Slovak Republic, website: http://www.evropskyspotrebitel.sk is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Seller is entitled to sell goods on the basis of a trade license. The trade license inspection is performed by the relevant trade licensing office. To a limited extent, the Slovak Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act and the Distance Consumer Protection Act.
- Final provisions
- All agreements between the Seller and the Buyer shall be governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights under generally binding legislation.
- The Seller shall not be bound by any codes of conduct in relation to the Buyer in accordance with the provisions of Art. 3, par. 1, letter n) of the Distance Consumer Protection Act.
- All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer is forbidden from using procedures that could adversely affect its operation and from performing any activities that would allow him or third parties to interfere with the website or use the software or other components that make up the online store, or parts thereof in such a way as to be contrary to its purpose.
- The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- A contract withdrawal form is attached to the Terms and Conditions.
The Terms and Conditions shall take effect on September 15, 2021.