These terms and conditions apply to purchases via the website www.sofia.sk , which is operated by Sofia Jewelry, sro , with its registered office at: Obchodná 53, 81106 Bratislava, ID number: 44 708 378, registered at the District Court in Bratislava, file number 58031 / B .
The business conditions are part of the concluded purchase contract between the provider as the seller on the one hand and the buyer on the other. All contractual relations are concluded in accordance with the law of the Slovak Republic. In the event that the contracting party is a consumer, the relations not regulated by these terms and conditions are governed by Act no. 40/1964 Coll., Civil Code, Act no. 250/2007 Coll., On consumer protection, Act no. 108/2000, on consumer protection in doorstep selling and mail order sales, all as amended. In the event that the contracting party is an entrepreneur, the relations not regulated by these business conditions are governed by Act no. 513/1991 Coll., Commercial Code, as amended.
A consumer contract is any contract, regardless of the legal form, concluded by the supplier with the consumer.
The Operator is only an intermediary who procures for the Provider the conclusion of contracts via the website www.sofia.sk under individually agreed conditions.
Provider - supplier (seller) is a person who acts in the conclusion and performance of a consumer contract within the scope of its business or other entrepreneurial activity. The Provider is a person who concludes contracts through the website www.sofia.sk.
Buyer - a consumer is a natural or legal person who buys products or uses services for personal use or for the needs of members of his household.
Order and conclusion of the purchase contract
The buyer chooses the product on the basis of the current offer published on the website www.sofia.sk , confirms this choice by clicking on the "Add to cart" button. In the basket, the customer chooses the number of pieces from the product and confirms his choice by clicking on the "Checkout" button. The cashier chooses whether he wants to pay as a registered customer or without registration, fills in the invoicing data, delivery address, method of delivery, method of payment and confirms the order.
Orders placed through the online store www.sofia.sk are binding. By sending the order, the buyer confirms that he has read these terms and conditions.
The proposal for concluding the contract is the placement of the offered goods on the website www.sofia.sk, the contract is created by sending the order to the buyer and acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer's email, but this confirmation does not affect the creation of the purchase contract. It is not possible to unilaterally change the contract concluded in this way (the contract concluded in this way can be canceled by agreement of both parties). Information about the individual steps leading to the conclusion of the contract follows from these terms and conditions and the buyer always has the opportunity to check or correct the order before sending the order.
The contract is concluded in the Slovak language, if the circumstances on the part of the seller or the buyer do not prevent it, it is possible to conclude the contract in another language understandable for both parties.
The prices of individual products are listed including value added tax (VAT) and all other taxes. The price of the goods may be changed by the seller without prior notice. The seller reserves the right to change prices following changes in prices from manufacturers and suppliers.
It is stated in the order form just before sending the order, it is stated including VAT, or all other taxes and fees (packaging, postage…) that the consumer must pay to obtain the product or service. This price cannot be changed unilaterally by the seller.
Discounts cannot be combined during promotions, discounts and special offers. It is also not possible to take advantage of additional discounts on already discounted goods, unless otherwise stated for the products.
Terms of payment
The purchase price can be paid by the buyer:
- cash on delivery - directly to the DPD courier,
- by transfer - to account 2620224047/1100
- payment card
- paypal service.
Terms of Delivery
The goods are delivered in the following ways:
- courier of our company (Bratislava and surroundings),
- Slovak Post parcel service,
- DPD courier service,
- through the Delivery Service,
- personal collection in the SOFIA store, according to the choice in the order, during the opening hours of operation.
The delivery time of the goods depends on the type of delivery that was chosen when ordering the goods. The date of delivery or collection of goods will be announced to the consumer when verifying the order. In general, the delivery or collection of goods is within 2-3 days from the date of order confirmation. In exceptional cases, the delivery time may be longer.
Fees for delivery and packaging of goods
- When buying from € 29, the goods are delivered free of charge .
- For purchases up to € 28.99, shipping costs € 2.90.
- Cash on delivery is charged at € 1 .
- Payment via PayPal is charged at € 1 .
- Payment by bank transfer and credit card is free of charge.
The goods are dispatched on working days on the day of the order (if registered by 12:00) or the following day and will be delivered by courier directly to you, to the specified address, within 1 working day of dispatch (in exceptional cases, or in the case of goods to order may be longer delivery). Delivery by post is only possible for prepaid orders.
Delivery of goods and method of payment for orders to the Czech Republic
- When buying from 725CZK, the goods are delivered free of charge .
- For purchases up to CZK 724, shipping is charged at CZK 75.
- Cash on delivery is charged at CZK 30.
- Payment via PayPal is charged CZK 30 .
- Payment by bank transfer and credit card is free of charge.
Goods to the Czech Republic are sent by courier. Delivery by post is only possible for prepaid orders. Delivery is usually 2-3 days from the dispatch of the shipment (in exceptional cases, or in the case of goods on order, delivery may be longer).
- Bank transfer - you will be sent information with details for payment in Czech crowns by e-mail, while the payment will be made to our Czech account (it will not be a foreign transfer). We do not change prices by exchange rate, but we use a valid Czech price list. (Prices in Czech crowns are listed for each product).
- Payment by card - in this method the amount is changed to euros according to the current exchange rate of the bank.
- Cash on delivery - you will pay the courier the amount according to the issued invoice in Czech crowns. Cash on delivery can only be selected for courier transport, for other modes of transport the order must be paid in advance.
Acceptance of goods
The consumer undertakes to take over the goods within the agreed period at the address specified in the order.
When receiving the product, the consumer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the consumer is obliged to immediately contact the seller without taking over the shipment and write a Record of damage to the shipment with the forwarding company. Any subsequent claims for quantity and physical damage to the product will not be accepted.
The consumer acquires ownership of the products only by paying the full price and other monetary amounts agreed in the distance purchase contract to the seller's account. Until the transfer of ownership from the seller to the consumer holding the product, the consumer has all the obligations of the custodian and is obliged to safely store the products and services at his own expense and mark them so that they are identifiable as the seller's product in all circumstances.
The seller is entitled to demand the fulfillment of obligations, in particular the payment of the price for products and services, regardless of the fact that the ownership of the product and service has not yet passed to the consumer.
The risk of damage to the products passes to the consumer at the time of receipt by the consumer or his agent.
Warranty, warranty card
The warranty period is 24 months and starts from the receipt of the goods by the buyer. At the request of the buyer, the seller is obliged to provide a guarantee in writing (warranty card).
The warranty card contains the name of the seller (trade name of the seller, its registered office or place of business), the content of the warranty, its scope and conditions, the length of the warranty period and the data necessary to claim the warranty. If the warranty card does not contain all the requisites, this does not invalidate the warranty.
The warranty does not cover normal wear and tear, mechanical damage, etc.
Compliance with the purchase contract
The goods sold must have the required, or legally prescribed quality, quantity, measure or weight and must be free of defects. If it is necessary to observe special rules when using the goods, the seller is obliged to acquaint the buyer with them, unless these are generally known rules. If the seller does not fulfill this obligation, he is obliged to compensate the buyer for the damage that has arisen.
The seller is responsible to the consumer for:
- compliance with the price that was valid at the time of sending the order to the customer, if the order was accepted
- defect-free shipment of goods (with the exception of defects in goods which have been provided at a lower price due to their reduced quality)
- delivery of goods in quantity and quality according to the order, provided that it has been accepted
- attaching a tax document (invoice), unless the customer requested otherwise.
The seller is not responsible for:
- delayed delivery of goods caused by the courier (post, courier)
- delayed delivery of goods due to incorrect address of the consignee
- damage caused by the delivery man (post office, courier); Do not accept visibly damaged goods (damaged package packaging, etc.)!
Complaints and its application
The seller is responsible for defects in the goods sold when taken over by the buyer. In the case of a defect that can be rectified , the buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to eliminate the defect without undue delay.
Instead of eliminating the defect, the buyer may request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. Instead of eliminating the defect, the seller can always replace the defective goods with perfect ones, if this does not cause serious difficulties for the buyer.
In the case of a defect which cannot be remedied and which prevents the goods from being properly used as goods without defects, the buyer has the right to exchange the goods or has the right to withdraw from the contract. The same rights belong to the buyer in the case of remediable defects, but if the buyer can not properly use the thing due to the recurrence of the defect after repair or for a larger number of defects. In the case of other irreparable defects, the buyer is entitled to a reasonable discount on the price of the goods.
The seller is obliged to determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, especially if a complex technical assessment of the product is required, no later than 30 days from the date of the complaint. After determining the method of handling the complaint, the complaint will be settled immediately, in justified cases, the complaint can be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of the complaint . After the expiration of the period for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new one.
The period from the exercise of the right of liability for defects until the end of the complaint procedure (delivery of the repaired product, written request to take over the performance or its reasoned rejection) does not count towards the warranty period. In the case of exchange of goods for new ones, a new warranty period begins to run from its receipt.
When making a complaint to the consumer during the first 12 months from the purchase, the seller may handle the complaint by rejection only on the basis of professional judgment; Irrespective of the outcome of the peer review, the consumer may not be required to pay the costs of the peer review or other costs related to the peer review.
When making a complaint to the consumer after 12 months from the purchase, when the seller rejected it, the seller is obliged to state in the document on the handling of the complaint to whom the consumer can send the product for professional assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert assessment. If the consumer proves by professional assessment the responsibility of the seller for the defect, he can file a complaint again. The warranty period does not expire during the professional assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for professional assessment, as well as all related purposefully incurred costs. A re-submitted claim cannot be rejected.
The seller is obliged to deliver the confirmation of the complaint to the consumer immediately, if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but no later than together with the proof of the complaint; a confirmation of the claim need not be delivered if the consumer has the opportunity to prove the claim in another way.
In the event of a complaint, the consumer will send the goods packed in packaging suitable for transport together with a description of the defect and a copy of the proof of purchase (or warranty card, if issued) to the seller's address:
Sofia Jewelry, sro
phone: 0903 93 93 93
The buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects.
Alternative dispute resolution
The consumer has the right to contact firstname.lastname@example.org with a request for redress, if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. If the seller responds to the consumer's request in the negative or does not reply at all within 30 days from the date of dispatch, the consumer has the right to file a motion to initiate an alternative dispute resolution ("ADR"). Only disputes arising from the contract between the seller and the consumer and disputes related to this contract can be resolved in the form of ADR, with the exception of disputes pursuant to Art. § 1 par. 4 of Act no. 391/2015 Coll. And disputes whose value does not exceed 20 EUR. A proposal to initiate ADR is submitted to the ADR entity pursuant to Art. § 3 of the cited Act, with the help of a dedicated platform or form, a model of which forms Annex no. 1 of the cited law. The ADR entity may require the consumer to pay a fee for starting the ADR, up to a maximum of EUR 5 with VAT.
The subject of alternative dispute resolution is the Slovak Trade Inspection, Prievozská 32, PO Box 5, 820 07 Bratislava 27, resp. another relevant authorized legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). In addition to ADR, the consumer has the right to apply to the competent general or arbitral tribunal. The ADR platform is available at: ec.europa.eu/consumers/odr/index_en.htm
Withdrawal from the contract
The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the contract for the provision of services.
Withdrawal of the consumer from the contract terminates the contract from the beginning. The seller is obliged to take back the goods, return to the consumer no later than 15 days from the date of withdrawal from the contract the price paid for the goods or advance (including postage paid by the buyer to deliver the goods to him) paid by the consumer for the goods or services, including costs, which the consumer has incurred in order to order the goods or services.
The cost of returning the goods is borne by the consumer only if the product fully complied with the quality requirements and was not defective. The consumer will send the expression of will to withdraw from the contract - the completed form of withdrawal from the discount - to the e-mail address email@example.com, or to the postal address of the seller:
Sofia Jewelry, sro
Unless otherwise agreed between the seller and the consumer, the consumer may not withdraw from a contract relating to:
a) the provision of a service, if the service began to be performed with the consumer's consent before the expiry of the withdrawal period,
b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the seller cannot influence,
(c) the sale of goods made to the consumer's specific requirements or of goods intended specifically for a single consumer, or of goods which, by reason of their nature, cannot be returned, or of goods which are perishable,
d) the sale of audio or video recordings or computer programs unpacked by the consumer,
e) sale of newspapers, magazines and periodicals,
f) lotteries and other similar games.
According to § 10 par. 4 of Act no. 102/2014 Coll., The consumer is responsible for the reduction in the value of the goods, which arose as a result of such handling of goods, which is beyond the scope of treatment necessary to determine the properties and functionality of the goods. After taking over the goods within the period for withdrawal from the contract, the customer has the right to unpack and test the goods in a manner similar to the usual purchase in a classic stone shop, ie to test the goods to determine the basic properties and functionality of the goods. If the wear of the goods exceeds the marks of standard testing of the goods, resp. bears signs of wear or damage, the seller may reduce the amount to be refunded for these goods.
Failure to pick up the ordered shipment
In the event of non-acceptance of the goods, which is the subject of the purchase contract created on the basis of the buyer's order at www.sofia.sk, the seller is entitled to demand compensation from the buyer in the amount of necessarily incurred costs related to performance from the legally incurred purchase contract.
Customer information is processed in accordance with the provisions of Act no. 122/2013 Coll. On Personal Data Protection and on Amendments to Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) , as amended, together with Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive (EU) of the European Parliament and of the Council 2016/680. By concluding the contract, the buyer agrees to the processing and collection of personal data for the purpose of economic processing in the operator's database for a period of 5 years from its last purchase. The concluded contract is archived by the seller and available to the buyer.
WHY DO WE OBTAIN, PROCESS AND USE PERSONAL DATA?
- To process your orders, including delivery and order-related services.
- For processing payments.
- For answers to your questions and inquiries.
- For sending our newsletter, if you have given us your consent.
- A request for the exercise of rights regarding the processing of personal data is available on our interface, where you can easily exercise your rights regarding the processing of personal data.
Supervision over compliance with the obligations of the operator is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region , Prievozská 32, PO Box 5, 820 07 Bratislava 27, Department of Technical Product Inspection and Consumer Protection tel. No .: 02/58272 172-3; 02/58272 104, fax. no .: 02/58272 170, firstname.lastname@example.org.
The consumer declares that before completing or announcing the order, he has read these general conditions and the complaint procedure.
Notwithstanding any other provision of the Contract, the Seller shall not be liable to the Consumer for lost profits, lost opportunities or any other indirect or consequential losses due to negligence, breach of contract or otherwise.
These general terms and conditions have been formulated and established in good faith, in order to meet the legal conditions and adjust the fair business relationship between the seller and the consumer. In the event that the competent authorities of the Slovak Republic prove certain provisions of these conditions as invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions and the remaining parts of the relevant provision remain unaffected.
Consumer rights in relation to the seller arising from the Consumer Protection Act no. 634/1992 Coll. as amended and regulations and the Act on Consumer Protection in Doorstep Selling and Mail Order No. 108/2000 Coll., As amended, remain unaffected by these conditions.
Legal relations and conditions not expressly regulated here, as well as any disputes arising from non-compliance with these conditions, are governed by the relevant provisions of the Commercial or Civil Code.
These terms and conditions are valid as stated on the website www.sofia.sk on the day of sending the order to the buyer, who unconditionally accepts them. The operator reserves the right to change or supplement the business conditions.
These terms and conditions take effect on 1.7. 2012