of the company DESIGNIFY s.r.o., Company ID: 57 313 971, Tax ID: 2122660419, VAT ID: SK2122660419, registered office Koškovce 99, 067 12, entered in the Commercial Register, section Sro 53944/S, for the sale of products and services through the online shop at antikvariatwalden.sk
1. Introductory provisions
1.1. These terms and conditions (the “terms and conditions”) govern, in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (the “purchase contract”) concluded between the seller and another natural person (the “buyer”) through the seller's online shop. The online shop is operated by the seller on the website at antikvariatwalden.sk (the “website”), through the website's interface (the “shop's web interface”).
1.2. The terms and conditions do not apply where the person intending to buy goods from the seller is a legal person or a person acting, when ordering goods, in the course of their business or independent profession.
1.3. Provisions differing from the terms and conditions may be agreed in the purchase contract. Differing arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Slovak language. The purchase contract can be concluded in the Slovak language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising while the previous version of the terms and conditions was in effect.
2. Conclusion of the purchase contract
2.1. The entire presentation of goods on the shop's web interface is for information purposes only and the seller is not obliged to conclude a purchase contract regarding these goods.
2.2. The shop's web interface contains information about the goods, including the prices of individual goods. Prices remain valid for as long as they are displayed in the shop's web interface. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
2.3. To order goods, the buyer fills in the order form in the shop's web interface. The order form contains in particular information about:
2.3.1. the goods ordered (the buyer “places” the ordered goods in the electronic shopping basket of the shop's web interface),
2.3.2. the methods of paying the purchase price, details of the required method of delivery of the ordered goods and
2.3.3. information on the costs associated with delivery of the goods (together the “order”).
2.4. Before sending the order to the seller, the buyer can check and change the details they have entered in the order, including with regard to the buyer's ability to detect and correct errors made when entering data. The buyer sends the order to the seller by clicking the “Order with obligation to pay” button. The details stated in the order are deemed correct by the seller. Immediately after receiving the order, the seller confirms its receipt to the buyer by e-mail, to the buyer's e-mail address stated in the user account or in the order (the “buyer's e-mail address”).
2.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
2.6. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance, which the seller sends to the buyer by e-mail to the buyer's e-mail address.
3. Price of goods and payment terms
3.1. The buyer may pay the seller the price of the goods and any costs associated with delivery under the purchase contract in the following ways:
– by bank transfer to the seller's account IBAN: SK90 1100 0000 0029 4128 4876, held with Tatra banka, a.s. (the “seller's account”);
– cashless, via the payment system Stripe;
– payment on delivery – cash on delivery (suspended)
3.2. Together with the purchase price, the buyer is obliged to pay the seller the costs of packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
3.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision of the terms and conditions on the obligation to pay the purchase price in advance.
3.4. In the case of cashless payment, the purchase price is due within 3 days of the conclusion of the purchase contract. After this period the order is cancelled.
3.5. In the case of cashless payment, the buyer is obliged to pay the purchase price together with the payment reference (variable symbol). In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
3.6. Any discounts on the price of goods granted by the seller to the buyer cannot be combined.
3.7. If customary in business dealings or if so required by generally binding legislation, the seller issues the buyer a tax document – invoice – for payments made under the purchase contract. The seller is a VAT payer. The seller issues the tax document – invoice – to the buyer after the price of the goods has been paid and sends it by e-mail to the buyer's stated e-mail address.
4. Withdrawal from the purchase contract
4.1. Unless it is a case in which, under Act No. 108/2024 Coll. on Consumer Protection, withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receiving the goods; where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal must be sent to the seller within the period stated in the previous sentence. Complaints are not accepted for damage to the goods that was stated in the description. A complaint is valid if the goods were described as well preserved and are nevertheless damaged. The buyer may send the withdrawal, among other things, to the seller's business address or to the seller's e-mail address info@antikvariatwalden.sk. The buyer may also withdraw from the purchase contract online using the “Withdraw from the contract here” function on the page antikvariatwalden.sk/odstupenie-od-zmluvy, where a model withdrawal form is also published. The seller will promptly confirm receipt of the withdrawal to the buyer by e-mail.
4.2. In the event of withdrawal from the purchase contract under Art. 4.1 of the terms and conditions, the purchase contract is cancelled from the outset. The buyer must return the goods to the seller within fourteen (14) days of delivering the withdrawal to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even where the goods cannot be returned by regular post due to their nature.
4.3. In the event of withdrawal from the purchase contract under Art. 4.1 of the terms and conditions, the seller refunds the money received from the buyer within fourteen (14) days of the buyer's withdrawal, in the same way in which the seller received it. The seller is also entitled to refund the money when the buyer returns the goods or in another way, if the buyer agrees and no additional costs arise for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the money received before the buyer returns the goods or proves that the goods have been sent to the seller.
4.4. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
4.5. Where the buyer has the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes delivery of the goods. In that case the seller refunds the purchase price to the buyer without undue delay, by bank transfer to an account designated by the buyer.
4.6 The seller reserves the right to refuse to dispatch goods where the buyer has chosen cash on delivery for an amount above €100. As an alternative, the buyer will be recommended payment by bank transfer. If the buyer refuses any other payment method, the seller reserves the right to withdraw from the purchase contract and cancel the order.
5. Transport and delivery of goods
5.1. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
5.2. If, under 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 delivery of the goods.
5.3. If, for reasons on the buyer's side, the goods have to be delivered repeatedly or in a way other than stated in the order, the buyer is obliged to pay the costs of repeated delivery or of the other method of delivery.
5.4. When taking delivery of the goods from the carrier, the buyer is obliged to check that the packaging is intact and to report any defects to the carrier without delay. If the buyer notices damaged packaging indicating unauthorised entry into the parcel, the buyer does not have to accept the parcel from the carrier.
5.5. Further rights and obligations of the parties in the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.
6. Rights arising from defective performance
6.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legislation.
6.2. The seller is not liable to the buyer for the goods being free of defects on receipt, as these are used goods. In particular, the seller is liable to the buyer that, at the time the buyer took delivery of the goods:
6.2.1. the goods have the properties stated by the seller in the description of the goods and, in the absence of an agreement, the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
6.2.2. the goods are fit for the purpose that the seller states for their use or for which goods of this kind are usually used,
6.2.3. the goods are in the corresponding quantity, measure or weight and
6.2.4. the goods comply with the requirements of legislation.
7. Other rights and obligations of the contracting parties
7.1. The buyer acquires ownership of the goods by paying the full purchase price.
7.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
7.3. The seller handles consumer complaints via the e-mail address info@antikvariatwalden.sk. The seller will send information on how the buyer's complaint was handled to the buyer's e-mail address.
7.4. The competent body for out-of-court resolution of consumer disputes arising from the purchase contract is the Slovak Trade Inspection, registered office Bajkalská 21/A, 827 99 Bratislava.
7.5. The European Consumer Centre in the Slovak Republic, registered office Mlynské nivy 4924/44A, 82715 Bratislava, website: https://esc-sr.sk/ is the contact point under 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).
7.6. The seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out within its remit by the competent trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection supervises, within a defined scope and among other things, compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended.
7.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of the Civil Code.
8. Protection of personal data
8.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 18/2018 Coll. on the Protection of Personal Data and on amendments to certain acts.
8.2. The buyer agrees to the processing of the following personal data: first name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (together the “personal data”).
8.3. The buyer agrees to the processing of personal data by the seller for the purpose of exercising the rights and obligations under the purchase contract and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in full under this article is not a condition that would in itself prevent the conclusion of the purchase contract.
8.4. The buyer acknowledges that they are obliged to state their personal data (when registering, in their user account, in an order made via the shop's web interface) correctly and truthfully and that they are obliged to inform the seller without undue delay of any change in their personal data.
8.5. The seller may entrust a third party, as a processor, with processing the buyer's personal data. Apart from the persons transporting the goods, the seller will not sell personal data to third parties without the buyer's prior consent.
8.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or on paper in a non-automated way.
8.7. The buyer confirms that the personal data provided are accurate and that they have been informed that providing personal data is voluntary.
8.8. If the buyer believes that the seller or processor is processing their personal data in a way that is contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:
8.8.1 ask the seller or processor for an explanation,
8.8.2 require the seller or processor to remedy the situation.
8.9. If the buyer requests information on the processing of their personal data, the seller is obliged to provide this information. For providing the information under the previous sentence, the seller is entitled to request reasonable compensation not exceeding the costs necessary to provide it.
9. Sending commercial communications and storing cookies
9.1. The buyer agrees to receive information related to the goods, services or business of the seller at the buyer's e-mail address and also agrees to receive commercial communications from the seller at the buyer's e-mail address.
9.2. The buyer agrees to the storing of so-called cookies on their computer. If a purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without cookies being stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
10. Final provisions
10.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Slovak law.
10.2. The choice of law does not deprive the consumer of the protection afforded by provisions of law that cannot be derogated from and that would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. All rights to the seller's website, in particular the copyright to its content, including the design, photographs, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part of it without the seller's prior written consent.
10.4. If any provisions of the terms and conditions are or become invalid or ineffective, they will be replaced by provisions whose meaning comes as close as possible to the invalid provisions. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
10.5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.6. E-mail address info@antikvariatwalden.sk.
In Košice on 10.1.2021