TERMS OF SERVICE
1. General provisions
1.1 These General Terms and Conditions (hereinafter also referred to as the "Terms and Conditions") govern the rights and obligations of the parties arising from the purchase contract concluded between the seller, which is Mandy fashion s.r.o, based in A. Stodolu 158/2, 97101 Prievidza, Slovakia,
Business ID: 36365114 , Tax ID: 2022197716 , VAT reg. no.: 2022197716 , registered in the trade register kept at the District Office in Prievidza, and by the buyer - consumer, the subject of which is the purchase and sale of goods on the website of the seller's e-shop.
These terms and conditions apply to purchases in the online store www.bymaccu.com and further define and specify the rights and obligations of the seller and buyer. As such, they are an integral part of the purchase contract between the seller and the buyer.
1.2 For the purposes of this part of the Terms and Conditions, the buyer means the consumer.
1.3 For the purposes of these Terms and Conditions, the consumer means a natural person who, when concluding and fulfilling the purchase contract, does not act within the scope of his business activity, employment or profession. Special rights and conditions apply to legal entities.
1.4 When placing an order, the buyer shall state his name, surname, residential address, telephone number and e-mail contact when placing the order.
1.5 The parties agree that by sending the order to the seller, the buyer confirms that he agrees that these general terms and conditions and their terms and conditions will apply to all purchase contracts concluded on any e-commerce website operated by the seller, based on to which the seller delivers the goods presented on the website in question to the buyer (hereinafter referred to as the "purchase contract") and to all relations between the seller and the buyer, arising in particular when concluding the purchase contract and claiming goods.
1.6 The General Terms and Conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written purchase agreement in which they agree on conditions different from the general terms and conditions, the provisions of the purchase agreement will take precedence over the general terms and conditions.
1.7 All contractual relations between the seller and the buyer are concluded in accordance with the law. If the contracting party is a consumer within the meaning of § 52 par. 4 of Act no. 40/1964 Coll., The Civil Code, as amended (the "Civil Code"), contractual relations that do not regulate business conditions are governed by the Civil Code, Act no. 250/2007 Coll. on Consumer Protection, as amended (the “Consumer Protection Act”) and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws. ("Act on Consumer Protection in Distance Contracts"). If the contracting party is an entrepreneur, the contractual relations that do not regulate the business conditions are governed by Act no. 513/1991 Coll. Commercial Code, as amended ("Commercial Code").
The business conditions respect the valid amended laws of the Slovak Republic, namely:
Act no. 108/2000 on consumer protection in doorstep selling and mail order sales
Act no. 22/2004 on Electronic Commerce
2. Method of concluding the purchase contract
2.1 The Purchase Agreement is concluded by the binding acceptance of the proposal for the conclusion of the Purchase Agreement of the Buyer by the Seller in the form of the Buyer's e-mail sent to the Seller and / or in the form of the Buyer's completed and sent form on the Seller's website and / or in the form of the Buyer's telephone order. an order").
2.2 Binding acceptance of the buyer's order by the seller is an e-mail confirmation by the seller to the buyer of the acceptance of the order after prior receipt of the order by the buyer and verification of availability, valid prices and delivery date of the goods requested by the buyer marked as "order confirmation". If a higher price is found, the seller is obliged to request the customer's consent to change the price according to the current price list before confirming the order. Only by granting the customer's consent to the price change and subsequent confirmation (acceptance) of the order by the seller, the contractual relationship is considered concluded. All prices for goods and services and all fees in the online store are listed including VAT. The automatically executed Notification of receipt of the order in the electronic system of the seller, which the buyer receives to his e-mail address immediately after sending his order, is not considered binding acceptance of the order; this Notice is for informational purposes only in order to notify the Buyer of the receipt of his order. If necessary, all other information regarding his order will be sent to the buyer's e-mail address.
All received electronic orders are considered a draft purchase agreement.
2.3 Binding acceptance of the order contains in particular data on the name and specification of the goods, the sale of which is the subject of the purchase contract, data on the price of goods and / or other services, information on delivery time, name and information on where the goods are to be delivered and data on the price, conditions, method and date of transport of goods to the agreed place of delivery of goods for the buyer, details of the seller (business name, registered office, ID number, trade register number, etc.), or other data.
2.4 The Buyer may deliver to the Seller via e-mail to hello@bymaccu.com to the Seller within 2 hours from the delivery of the order a notice that the order is canceled. The buyer is obliged to state the order number, name, telephone number, e-mail and code of the ordered goods in the order cancellation notice. In the event of order cancellation, the seller does not charge the buyer any fees related to the cancellation of the order. In the event that the buyer has paid the seller the purchase price or part thereof before the order is canceled, the seller will return the already paid purchase price or part within 14 days of cancellation by transfer to the buyer's bank account, unless the parties agree otherwise. prices.
2.5 According to the amendment to Act no. 222/2004 Coll., On value added tax is not possible from 1.1. 2013 change the data in the already issued tax document (invoice). The data in the tax document (invoice) can be changed only if the customer has not yet received the goods and has not paid.
2.6 In the case of ongoing shares, the sale of goods on the seller's website is governed not only by these general terms and conditions but also by the binding conditions of the relevant event. In the event that the buyer orders the goods in violation of the terms of the relevant action, the seller is entitled to cancel the buyer's order. The customer will be informed about the cancellation of the order via e-mail and in case of payment of the purchase price or part thereof, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the seller.
2.7 By sending the order, the buyer confirms that he has read these terms and conditions, including the complaint procedure, and that he agrees with them. Furthermore, by sending the order, the buyer acknowledges that the order is associated with the obligation to pay. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them. The buyer should not incur costs for the use of means of distance communication in connection with the conclusion of the purchase contract and the buyer has no objections to their use.
3. Rights and obligations of the seller
3.1 The seller is obliged to:
- deliver the goods to the buyer on the basis of the order confirmed by the seller in the agreed quantity, quality and time,
- prepare the goods for transport in the manner necessary for the preservation of the thing and its protection. In the same way, the seller procures the item for transport,
- ensure that the delivered goods are delivered undamaged and comply with applicable legislation, i. to hand over to the buyer at the latest together with the goods in written or electronic form all documents necessary for taking over and using the goods and other documents prescribed by valid legal regulations (instructions in the official language, tax document).
3.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
3.3 The seller has the right to cancel the order if due to the sale of stock or unavailability of goods and is unable to deliver the goods to the buyer within the period specified in these terms and conditions or at the price specified in the online store, unless agreed with the customer. The customer will be informed about the cancellation of the order by phone or e-mail, and in case of payment of the purchase price or part thereof, the funds will be returned to him within 14 days to the bank account designated by him, unless otherwise agreed with the seller.
3.4 The Seller reserves the right to verify the identity of the Buyer or the person authorized to pick up the goods at the personal collection of goods at its premises, in cases where the delivery of goods by the Buyer is paid in advance by card, bank transfer or invoice with due date.
4. Rights and obligations of the buyer
4.1 The buyer is obliged to:
1. take over purchased or ordered goods,
2. pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods,
3. not to damage the good business name of the seller,
4. confirm in the delivery note (or in the case of the carrier the consignment note) for taking over the goods with your signature or the signature of the person authorized by him.
4.2 The buyer has the right to deliver the goods in the quantity, quality, date and place agreed by the parties in the binding acceptance of the order.
5. Delivery and payment terms
5.1 The goods are sold according to the illustrated samples, catalogs, type sheets and sample books of the seller placed on the website of the seller's e-shop.
5.2 The Seller is obliged to fulfill the Buyer's order and deliver the goods to the Buyer within 30 days from the acceptance of the Buyer's order by the Seller; this delivery period is accepted by the buyer without reservations. However, we usually ship the goods immediately or within 2 working days. Delivery of goods is made through a courier company during working days. We will inform you by e-mail about the exact day of dispatch and delivery of the goods.
5.3 The buyer is obliged to take over the goods at the place specified in the acceptance of the buyer's order by the seller. In the event that the buyer does not take over the goods within five working days after the expiry of the period specified in the purchase contract without prior written withdrawal from the contract, binding acceptance entitles the seller to claim damages in the amount of at least € 5.50 and the maximum cost of an attempt to deliver an order unsuccessfully. After the expiration of five working days from the day when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.
5.4 The seller is entitled to invite the buyer to take over the goods before the expiry of the period agreed in the purchase contract.
5.5 The weight, dimensions, color, pattern and other particulars of the goods contained in the seller's catalogs, brochures and other documents given by the manufacturer may differ from the actual by ± 10% of the stated value.
5.6 The place of delivery of goods is the place specified in the acceptance of the order by the seller, unless the parties agree otherwise in the purchase contract. Delivery of the goods is made by handing it over to the buyer during personal collection, or by handing it over to a third party providing transport.
5.7 If the seller delivers the goods to the buyer to the place specified in the purchase contract by the buyer, the buyer is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized in case of absence to take over the goods specified in the purchase contract and sign the delivery protocol; delivery of goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller the original or a copy of the purchase contract and proof of payment for the goods and a written authorization. If it is necessary to repeat the delivery of goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred shall be borne by the buyer, in particular the repeated delivery of goods to the destination in the purchase contract. The goods are considered taken over in accordance with point 10.2 of these general terms and conditions.
5.8 The buyer is obliged to check the shipment, ie the goods, as well as its packaging, immediately upon delivery. In the event that the buyer finds that the goods or packaging of the goods are mechanically damaged, he is obliged to immediately notify the carrier and in his presence to check the condition of the goods. In case of damage to the goods upon receipt by the buyer, the buyer is obliged to immediately record the extent and nature of damage to the goods (damage record) upon receipt of the goods, the accuracy of which will be confirmed by the carrier. On the basis of such a record delivered to the seller, the seller may, after concluding a damage event with the carrier, provide the elimination of the defect of the goods, discount on the goods and in case of unrecoverable defects of the goods to deliver new goods to the buyer.
5.9 When delivering a consignment by a transport company, in case of finding damaged or damaged packaging, damage with loss of contents, we recommend not to accept the consignment, or to solve it directly with an employee of the transport company or with an employee at the post office on site. In the case of taking over and finding damaged or damaged packaging, damage with loss of contents, we request to report this event within 24 hours. since taking over the consignment of the transport company. To write a record of damage, a damaged product, packaging of the shipment and proof of receipt of the shipment, acquisition document - invoice are required. You can inform us by e-mail about info and writing a damage report at any branch of the carrier at hello@bymaccu.com
5.10 Complaints of mechanical damage to the product, which was not apparent upon receipt of the shipment, must be made immediately after receipt of the shipment, but no later than 24 hours from delivery of the goods. It is the customer's responsibility to prove that mechanical damage could not be discovered even with a thorough inspection of the product and its packaging according to point 5.8. You will be able to claim from later defects of such damaged goods only if the customer proves that the claimed defects were already in the goods at the time of receipt from the carrier. Before the first use, the buyer is obliged to study the warranty conditions, including the operating instructions, and then follow this information carefully.
5.11 The customer is obliged to check the completeness of the packaging when taking over the product (personal and non-personal). Upon delivery by courier, the buyer must write a damage report on the spot about the incompleteness of the package. In case of personal collection, the buyer is obliged to check the contents of the package immediately, additional complaints will not be accepted.
5.12 In the event of non-delivery of the goods by the seller within the period specified in 5.3 of the Business Conditions, the Buyer is entitled to withdraw from the purchase contract and the Seller is obliged to return to the Buyer a part of the purchase price already paid in accordance with clause 10.8 of these General Terms and Conditions.
5.13 The buyer will receive an invoice for each shipment together with the goods in one package. The invoice also serves as a warranty card, so it must be kept for future use.
5.14 Payment methods:
The FONDY Payment Gateway is a simple and safe way to pay online. The FONDY Payment Gateway is under the supervision of the National Bank / FCA UK license number, no. 900705). After selecting the payment option, you will be redirected to the bank page. When paying with a card, you need to enter your credit card details. Your payment will be credited within minutes. This way you pay with a credit card via internet or a fast online bank transfer. This form of payment is not charged.
For more information, visit our website: https://fondy.io/
Please do not hesitate to contact us: dalibor.tetrev@fondy.eu
5.19 If the Buyer requests the re-dispatch of an item that he has not received, additional postage will be charged to the total price of the item in the amount of the applicable postage fees specified in the terms and conditions.
5.20 Re-sending of an uncollected shipment will be made on the basis of payment in advance, for which a new invoice with a maturity of 5 days will be sent to the buyer by e-mail in PDF.
5.21 If the buyer does not pay the invoice within the required period - due date, the order will be canceled in the system. The buyer will be informed about the cancellation of the order by e-mail.
5.22 Further orders of the buyer through the electronic system of the store can be realized only by payment in advance or by mutual agreement with the operator.
5.23 All legal disputes related to the processing of card payments are resolved according to Slovak law.
6. Purchase price
6.1 The Buyer is obliged to pay the Seller the purchase price of the goods agreed in the purchase contract and / or according to the Seller's price list valid at the time of concluding the purchase contract, including delivery costs (hereinafter "purchase price"), in cash at the Seller's designated establishment; cash on delivery at the place of delivery of goods by courier; or by non-cash transfer to the seller's account specified in the binding acceptance of the order.
6.2 In the event that the buyer pays the seller the purchase price by non-cash transfer, the day of payment is considered to be the day when the entire purchase price was credited to the seller's account.
6.3 The buyer is obliged to pay the seller the purchase price for the agreed goods within the period specified in the purchase contract, but no later than when taking over the goods.
6.4 In the event that the buyer pays the seller the purchase price for the goods agreed in the purchase contract, the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with applicable law.
6.5 Costs associated with the assembly and removal of goods are not included in the purchase price of the goods and the seller is not obliged to provide these services to the buyer.
6.6 Assembly or other commissioning of the goods is in principle not part of the delivery of goods and the buyer declares that he is aware of the method of putting the goods into operation, because it follows from the nature of the goods.
6.7 All shares are valid until stocks are exhausted, unless otherwise stated for a specific product.
6.8 In the event that the purchase price for returned or claimed goods and goods in which the contract was withdrawn will be paid by the buyer in the form of gift certificates, or their combination with cash, the seller will return the purchase price to the buyer in the same form as paid by the buyer. However, the value of returned gift certificates to the buyer may not be higher than the value of gift certificates paid by the buyer when purchasing the goods. If the return of gift certificates for objective reasons is not possible, especially because the seller does not have gift certificates in the required amount, the seller will provide the buyer with monetary compensation.
6.9 The seller reserves the right to cancel the draft order and purchase contract and the buyer acknowledges that there may be cases where the contract is not concluded between the seller and the buyer, especially if the buyer orders the goods at the price published by mistake due to technical error the seller's internal information system. In such a case, the seller informs the buyer of such a fact.
In the event that the price in the online store at www.bymaccu.com appears to be obviously incorrect for some goods, e.g. if the goods are commonly available and generally known and their price differs from the usual price, or due to a system error the price of the goods appears "0 €" or "1 €", the seller is not obliged to deliver the goods at the wrong price, but may offer delivery of goods at a proper price.
6.10 The Operator reserves the right to change prices in the event of a change in legislation, a change in exchange rates, a significant increase in inflation and a change in prices from producers or suppliers of goods. In this case, the buyer has the right to withdraw from the contract.
7. Acquisition of ownership and transfer of the risk of damage to the goods
7.1 The buyer acquires ownership of the goods upon full payment of the full purchase price for the goods.
7.2 The risk of damage to the goods passes to the buyer at the time when he takes over the goods from the seller, or if he does not do so in time, at the time when the seller allows him to dispose of the goods and the buyer does not take over the goods.
7.3 Displaying props on the website of the online store (decoration, furniture, jewellery, shoes, plants, etc.) placed and photographed together with the product are not delivered - sold together with the product, unless this fact exactly specified in the product name. The buyer cannot claim their delivery together with the purchased goods.
8. Complaints procedure (liability for errors, warranty, complaints)
8.1 The seller is responsible for errors in the goods and the buyer is obliged to immediately file a complaint with the seller according to the applicable complaint procedure. Consumer goods purchased from the seller are covered by a warranty period of 24 months.
8.2 The valid Complaints Procedure published on the seller's website www.bymaccu.com applies to the handling of complaints. By sending a binding order to the seller, the buyer confirms that he has read the Complaints Procedure, read it and agrees with it in full, and also confirms that he was duly informed about the conditions and method of claiming goods, including information on where to claim and perform warranty repairs. in accordance with para. § 18 par. 1 of Act no. 250/2007 Z. from. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the "Act").
8.3 The Complaints Procedure applies to goods purchased by the Buyer from the Seller in the form of an electronic shop on the Seller's electronic shop website.
8.4 The complaint procedure in this form is valid for all business cases, unless other warranty conditions are contractually agreed.
8.5 The buyer has the right to claim from the seller a warranty only for goods that show defects caused by the manufacturer, supplier or seller, are covered by the warranty and were purchased from the seller.
8.6 The buyer is obliged to inspect the goods upon receipt of the shipment, check the completeness, completeness and condition of the goods immediately and no later than 24 hours after receipt to notify the seller of any discrepancies at hello@bymaccu.com . If he does not do so within 24 hours, he can claim from the errors found during this inspection only if he proves that the goods already had these errors at the time of receipt of the goods. Relevant proof of damage is hereby a "record of damage" from the courier company, otherwise the claim will not be accepted due to incompleteness or damage to the goods.
8.7 During the warranty period, the customer has the right to rectify the error free of charge after presenting the goods, including accessories, documentation and instructions to the authorized representative of the seller together with the warranty card and proof of payment. The 14-day period for handling the complaint will start to run only from the date of delivery of all necessary documents for the assessment and handling of the complaint.
8.8 If the goods show defects, the customer has the right to file a complaint in accordance with Art. § 18 par. 2 of the Act so that only after agreement with the seller will deliver the goods to the address:
Mandy fashion s.r.o.
A.Stodolu 2
97101 Prievidza
Slovakia
The buyer will request the handling of the complaint by email to hello@bymaccu.com . In the request, the buyer is obliged to indicate precisely the type and extent of defects in the goods, together with photo documentation of the extent of the damage, or a short video. The customer has the right to file a complaint with a person authorized by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the "designated person"). The list of designated persons is given in the warranty card or the seller will send it to the buyer at his request. The complaint procedure for goods that can be objectively delivered to the seller begins on the day when all of the following conditions are met:
- delivery of a request from the buyer to process a complaint to the seller's email hello@bymaccu.com , which contains a description of the type and extent of defects in the goods, proof of payment (invoice) and pictures or a short video with product imperfections.
- the seller assesses the justification of the complaint about the defect in the goods and after the assessment notifies the customer by e-mail about the method of handling the complaint,
- in the event of a justified complaint, the seller will deliver a new undamaged part of the product (new product) to the buyer by the transport company,
- if necessary, the seller agrees with the buyer to deliver the claimed goods from the buyer to the seller,
- the buyer never sends the claimed goods to the seller without prior notice.
The seller recommends the buyer to insure the shipment with the goods in case of sending the goods. Goods sent by cash on delivery or to an address other than the one specified in point 8.8 will not be accepted by the seller.
The goods for complaint must be sent in the original packaging or in a suitable transport packaging that meets the requirements for the transport of fragile goods, including all accessories, and mark the shipment with appropriate symbols, because the seller is not liable for any mechanical damage before receiving the goods.
The beginning of the complaint procedure is also the day of the complaint. The claimed goods do not need to be delivered to the seller's registered office, unless the seller or a designated person specifies otherwise. In case of any ambiguity, contact the seller s.r.o. by e-mail to hello@bymaccu.com
8.9 The Seller is obliged to accept the complaint in the establishment in which the acceptance of the complaint is possible in accordance with Art. § 18 par. 2 of the Act.
8.10 In the place designated in accordance with point 8.9 of these general terms and conditions for receiving complaints, the seller is obliged to ensure the presence of a person authorized to handle complaints in accordance with Art. § 18 par. 3 of the Act.
9. GDPR
You will find the new conditions for the processing of personal data in accordance with the applicable legislation at the following link.
10. Withdrawal from the purchase contract
10.1 The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made such significant changes that prevented the fulfillment of the seller's obligations under the purchase contract. for reasons of force majeure, or if, even with all reasonable efforts to do so, he is unable to deliver the goods to the customer within the period specified in these terms and conditions, or at the price specified in the online store. The seller is obliged to immediately inform the buyer of this fact and return the deposit already paid for the goods agreed in the purchase contract within 14 days of notification of withdrawal from the contract, by transfer to the account designated by the buyer. The seller is entitled to withdraw from the purchase contract even if the buyer did not take over the goods within five working days from the day when the buyer was obliged to take over the goods.
10.2 The buyer acquires the right to withdraw from the purchase contract without giving a reason under the conditions regulated by Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the seller's premises and amending certain laws (hereinafter "Act on Consumer Protection in the Sale of Goods") within 14 days since the order was received . The buyer has the right to unpack and test the goods within this period in a similar way as is usual when buying in a classic "stone" store. However, testing does not mean starting to use the goods and then returning them to the seller. The goods are considered to have been taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if:
1. the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last, or if
2. delivers goods consisting of several parts or pieces, at the time of taking over the last part or the last piece, or if,
3. delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.
10.3 By sending the order to the seller, the buyer confirms that the seller has timely and properly fulfilled its information obligations under Art. § 3 par. 1 of the Act on Consumer Protection in the Sale of Goods.
10.4 The buyer can exercise the right of withdrawal from the contract within 14 days since the order was received, the buyer follows the instructions in the section "Returns & Shipping", listed on the seller's website www.bymaccu.com
The buyer fills in the "return form", which he downloads from the seller's website and sends it together with the goods he wants to return to the seller's address: Mandy fashion s.r.o., A.Stodolu 2, 97101 Prievidza, within 14 days since the order was received. The day of receipt of the returned goods means the day when the seller receives the returned goods delivered by courier service.
10.5 Withdrawal from the purchase contract via the "return form" according to the previous point of these general terms and conditions must contain the data required in it, in particular the exact specification of goods (code and name of goods), order date, order number and invoice number, name and surname of the buyer, address buyer's signature, buyer's signature, account number, bank name and date. By withdrawing from the purchase contract, the buyer is obliged to deliver to the seller undamaged, unused goods together with accessories, including gifts, documentation, instructions, warranty card, proof of payment, etc. and packed in the original packaging as received by sending it to: Mandy fashion s.r.o., A.Stodolu 2, 97101 Prievidza, Slovakia. If the buyer by withdrawing from the contract sends the seller the goods together with accessories, including documentation, instructions, warranty card, proof of payment, etc. (hereinafter also referred to as "goods") to the address according to the previous sentence via Slovenská pošta, a. s., can do so only through a service called "Package to address". The goods sent by the buyer via the service called "Package to post office" and cash on delivery are not accepted by the seller. We recommend insuring the goods.
The goods must be sent in the original packaging or in a suitable transport packaging (if it did not have the original packaging), which meets the requirements of transport of fragile goods, including all accessories and mark the shipment with appropriate symbols, because the seller is not liable for any mechanical damage before receiving the goods.
10.6 If the buyer withdraws from the contract, any additional contract related to the contract from which the buyer has withdrawn is also canceled from the beginning.
10.7 The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the contract. The withdrawal period is maintained if the buyer sends a notice of exercise of the right of withdrawal before the withdrawal period expires.
10.8 Upon withdrawal from the contract, the seller will return to the buyer all payments demonstrably made by the buyer in connection with the conclusion of the contract, especially the purchase price, including delivery costs, or proceed in accordance with clause 6.8 of these general terms and conditions by sending a gift voucher to the buyer's address. Payments will be returned to the buyer within 14 days from the date on which the seller receives the buyer's notice of withdrawal from the purchase contract. Payment will be made in the same way as the buyer used to pay the seller, unless the buyer specified another method of payment in the withdrawal form, without charging any additional fees.
10.9 The seller is not obliged to return to the buyer all payments according to point 10.8 of these general terms and conditions before the goods are delivered to him from the buyer. Payment for the purchased goods will therefore be paid by the seller to the buyer only after delivery of the returned goods back to the address specified in point 10.5 of these general terms and conditions.
10.10 In the event that the buyer withdraws from the contract within the meaning of clause 10.2 of these General Terms and Conditions and delivers to the seller goods that are used and damaged or incomplete, or the value of the goods is reduced as a result of such goods. to determine the properties and functionality of the goods, the seller is entitled to compensation from the buyer in the amount of the value of repair of the goods and restoration of the goods to their original condition or. the seller has the right to demand from the consumer reimbursement of the reduction in the value of the goods.
10.11 The buyer is obliged to send back or hand over the goods together with accessories, including gifts, documentation, instructions, warranty card, proof of payment, etc., no later than 14 days from the date of withdrawal from the contract. in the original packaging, unfolded and undamaged, in the condition in which he received the goods.
The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract is concluded between the seller and the buyer, provided that if the right to withdraw from the contract is exercised, the gift contract expires and the buyer is obliged to return with the returned goods related gifts provided. If these are not returned, these values will be understood as unjust enrichment of the buyer.
10.12 Upon withdrawal from the contract, the buyer bears the direct costs of returning the goods to the seller or a person authorized by the seller to take over the goods. The direct costs associated with returning the goods cannot be adequately calculated in advance. According to the available information, an estimate of these costs, depending on the size, weight of the goods, the distance from which the goods are returned and the prices at which the carrier selected by the buyer provides its services, is expected to be between € 2 and € 150.
10.13 Upon withdrawal from the contract, the buyer also bears the direct costs of returning the goods, which due to their nature cannot be returned by post. The direct costs associated with returning the goods cannot be adequately calculated in advance. According to the available information, an estimate of these costs, depending on the size, weight of the goods, the distance from which the goods are returned and the prices at which the carrier selected by the buyer provides its services, is expected to be between € 2 and € 150.
10.14 In the event that the Buyer fails to fulfill any of the obligations set out in clauses 10.4 and 10.5 of these General Terms and Conditions, withdrawal from the purchase contract is not valid and effective and the Seller is not obliged to return all provable payments under clause 10.8 of these General Terms and Conditions to the Buyer. the right to reimbursement of costs associated with sending the goods back to the buyer.
10.15 The Buyer may not withdraw from the contract, the subject of which is:
1. the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
2. the sale of goods enclosed in protective packaging which cannot be returned for health or hygiene reasons and whose protective packaging has been broken after delivery, or goods which, due to their characteristics, cannot be returned,
3. sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery - e.g. sets and other special promotions and packaging (in this case the buyer withdraws from the contract of the entire set or packaging),
4. the sale of goods that have been personally taken over, checked by the buyer and inspected by the e-shop operator at the collection point.
10.16 In the case of personal collection, the right of withdrawal from the contract cannot be exercised, as the customer personally inspected the goods upon receipt.
10.17 In case of withdrawal from the contract, the customer will send the goods to the address: Mandy fashion s.r.o., A.Stodolu 2, 97101 Prievidza, Slovakia. Withdrawal from the contract cannot be applied in person at the plant.
11. Online dispute resolution platform
Buyers - consumers are entitled to use the online dispute resolution platform ("RSO") to resolve their disputes, in the language of their choice. The buyer-consumer can use the RSO platform, available at https://ec.europa.eu/consumers/odr/, to resolve his dispute alternatively. The buyer - consumer fills in the electronic complaint form when submitting the submission to the RSO platform. The information they submit must be sufficient to identify the relevant ADR entity online. The buyer-consumer can attach documents to support his complaint.
12. Product Reviews
Seller reserves the right to request the withdrawal or non-disclosure of reviews of products and services that contain inappropriate terms, are false, unrelated to the product, link to external sites, or mislead in any other way, provide incomplete information, and thereby damage Seller's name.
13. Gift vouchers (certificates)
13.1 Gift vouchers (certificates) issued by the seller can be used to purchase goods on the seller's e-commerce website. Unless otherwise stated, the gift voucher can only be used to purchase goods, it does not apply to services, postage and other charges.
13.2 The value of the gift voucher is stated on each voucher as an amount including VAT, while the voucher acts as a discount on the total amount of ordered goods with VAT. The gift voucher can only be used in full, within one purchase, it is not possible to use it in parts. Arrears for the purchase of goods must be paid in financial form, the overpayment is not refundable.
13.3 The gift voucher cannot be exchanged for cash. In the event that the buyer has the right to withdraw from the purchase contract for the purchase of goods for which the buyer paid with a gift voucher, the buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending a gift voucher to the address specified by the buyer).
14. Bazaar
14.1 The Seller also offers in its shop the conclusion of a purchase contract for second-hand goods. Second-hand goods means goods unpacked, goods with damaged packaging or returned used goods.
14.2 The warranty period for second-hand goods for the consumer is 24 months from receipt of the product.
14.3 Second-hand goods cannot be exchanged for a new piece in the event of a complaint.
14.4 The provisions of the Complaints Procedure shall apply mutatis mutandis to complaints about second-hand goods, unless otherwise stated in this section.
14.5 Second-hand goods cannot be claimed for a "defect" or another reason for which the goods were sold at a reduced price.
15.Wins and competitions
The general rules of the competition are:
15.1 The competition will take place via the Internet. A natural person with permanent residence and an address for delivery in the territory of the Slovak Republic (hereinafter also "participant" or "competitor") may become a participant in the competition. In the case of a person under the age of 18, this person confirms that he / she participates in the competition with the express consent of his / her legal representative. The competition may not be attended by persons who are in an employment relationship with the organizer of the competition and / or who are directly involved in activities related to the organization of the competition, nor their family members, ie. in particular, relatives in the direct line, siblings or spouses of these persons (persons forming a household and close persons in accordance with the provisions of Sections 116 and 117 of Act No. 40/1964 Coll., the Civil Code).
15.2 All buyers who order goods and pay for the goods will be included in the draw. An e-mail with information about participation in the competition will be delivered to the buyer for the ordered goods. Buyers who place an order but do not pay for the ordered goods, do not accept them, or return them within 14 days will not be included in the draw. The organizer draws the winners of the competition at the address of the seat of the organizer of the competition. At the same time, it draws 5 substitutes in case the Organizer would not be able to contact the winners or the winner would refuse the prize.
15.3 The winners will be contacted by the organizer of the competition by telephone and subsequently by e-mail, thus informing them of the exact place and time of taking over the prize. Confirmation of receipt of the prize will be accepted only after receiving an e-mail confirmation sent by the winner no later than 5 calendar days from the date of notification of the prize to the organizers. Otherwise, the winner's right to receive this prize expires and the organizer will contact the substitutes in the order in which they were drawn, who will then be contacted under the same conditions. If the winners are still not contacted, the winnings will not be forfeited to the organizer of the competition.
15.4 The organizer is not responsible for any damage or other claims of the participants in connection with incorrectly provided, resp. inaccurate information of the participant, as well as in connection with the non-application or non-acceptance of the prize at the place and time specified by the organizer. If the organizer finds that a participant in the competition has provided him with false data or information, he is entitled, on the basis of his decision, to exclude such a participant from the competition, resp. not give him the prize. The organizer also reserves the right to exclude from the competition a participant who
- has acted or intended to act in breach of these competition rules,
- attempted to win by fraudulent means or contrary to good morals, or
- by his actions in any way, which potentially damaged the good name and reputation of the organizer.
15.5 There is no legal right to winnings from the competition, the right to winnings cannot be transferred to another person and the value of the winnings cannot be paid out in cash. The participants of the competition acknowledge that the recovery of the prize in court is in accordance with § 845 of Act no. 40/1964 Coll. Civil Code excluded. Income in the form of prizes and winnings is subject to taxation according to Act no. 595/2003 Coll. on income tax, as amended.
15.6 The organizer reserves the right to change and amend the rules of the competition at its own discretion, in particular, but not exclusively, the manner, place and date of the draw, the number of substitutes, suspend, suspend, postpone, cancel, etc. The organizer will publish the rules of the competition, as well as their change, on hello@bymaccu.com. The organizer does not reimburse the participants of the competition for any costs associated with their participation in the competition or with taking over the prize.
15.7 Participation in the competition is voluntary and the participant expresses his / her consent to its rules by participating in the competition. The full text of the rules of the competition is stored in writing at the address: Mandy fashion s.r.o., A.Stodolu 2, 97101 Prievidza, Slovakia
16. Final provisions
16.1. The seller reserves the right to change these general terms and conditions. The obligation to notify the change in writing in these general terms and conditions is fulfilled by placing it on the seller's e-commerce website.
16.2 In the event that the purchase contract is concluded in writing, any change to it must be in writing.
16.3. These general terms and conditions take effect against the buyer by sending an electronic order to the buyer.
16.4. By sending the order, the buyer confirms that he has read these general terms and conditions and agrees with them in full.
16.5 The contracting parties have agreed that communication between them will take place mainly in the form of e-mail messages, or by letter.
16.6 The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on Amendments to Certain Acts, as amended by Act no. 284/2002 Coll. as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 102/20154 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws.
17. Liability
The seller warns that the information on the websites of its stores is partly downloaded from third parties, may contain factual and technical inaccuracies or typographical errors and may be updated without prior notice. The seller may at any time, without prior notice, change the products and services described on its website and does not guarantee the factual correctness of their content.
Seller shall not be liable to any other party for direct, indirect, extraordinary or other consequential damages caused by the use of information from its own or linked website, including (but not limited to) lost profits, costs incurred, business interruptions and other damages. The Seller makes no warranties and guarantees other than those provided by law and warranties provided by lawful suppliers and service providers, which are offered on the websites of its stores, insofar as this is expressly stated for such products and services.
Thank you.