These terms and conditions apply to purchases via the website www.sofia.net, which is operated by Sofia Jewelry, s.r.o., a limited liability company with its registered office at: Obchodná 53, 81106 Bratislava, Slovakia Company ID number (IČO): 44 708 378, incorporated with the District Court Bratislava, file No. 58031/B.
The terms and conditions are part of the purchase contract made between the provider as the seller of the one part and the buyer of the other part. All contractual relations are concluded in accordance with the laws 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 the following acts, as amended: Act no. 40/1964 Z. z. the Civil Code, Act no. 250/2007 Coll. on Consumer Protection, Act no. 108/2000 Coll. on Consumer Protection in Door-to-Door and Mail Order Sales. In the event that the contracting party is an entrepreneur/business entity, the relations not regulated by these terms and conditions are governed by Act no. 513/1991 Z. z. the Commercial Code, as amended.
Consumer contract is any contract, regardless of the legal form, concluded by and between the supplier and the consumer.
Operator is only an intermediary who procures for the provider the conclusion of contracts via the website www.sofia.net under individually agreed conditions.
Provider—supplier (seller) is a person/entity 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/entity who concludes contracts through the website www.sofia.net.
Buyer—consumer is a natural person or legal entity who buys products or uses services for personal use or for the needs of members of their household.
Order and conclusion of purchase contract
The buyer chooses a product based on the current offer published on the website www.sofia.net, confirms this choice by clicking on the "Add to cart" button. In the cart, the customer specifies the quantity of product pieces and confirms the choice by clicking on the "Checkout" button. In the Checkout window, the buyer may opt to continue as a registered customer or to pay without registration; then the buyer fills in the billing data, delivery address, way of delivery, payment method, and confirms the order.
Orders placed through the online store (e-shop) at www.sofia.net are binding. By sending the order, you confirm that you have read these terms and conditions.
The offer to conclude a contract is the placement of the offered goods on the website www.sofia.net, the contract is established by sending the order by the buyer and acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer's email, however, this confirmation will not affect the conclusion of the purchase contract. It is not possible to unilaterally change the contract concluded in this way (such contract may be cancelled by agreement of both parties). Information about individual steps leading to the conclusion of the contract follows from these terms and conditions and the buyer always has the opportunity to check and/or correct the order before sending.
The contract is concluded in the Slovak language, the contract may also be concluded in another language understandable for both parties, if the circumstances on the part of the seller or of the buyer do not prevent it.
The prices of individual products are listed inclusive of the value added tax (VAT) and all other relevant taxes. The seller may change prices of the goods without prior notice. The seller reserves the right to change prices following the changes in prices of manufacturers and suppliers.
It is stated in the order form directly before the order is sent, indicated inclusive of VAT, and/or all other taxes and fees (packaging, postage…) that the consumer must pay to obtain the product or service. The seller may not change this price unilaterally.
Discounts cannot be combined during promotions, sale discounts and special offers. Furthermore, it is not possible to take advantage of additional discounts on already discounted goods, unless otherwise stated regarding the products.
Terms of payment
The buyer may pay the purchase price by means of:
- payment card; or
- PayPal service.
Terms of delivery
The goods are delivered using Slovak Post parcel service.
In general, the delivery depends on the recipient's country, approximately 3-10 working days.
Fees for delivery and packaging of goods
- For purchase values exceeding €59, the goods are delivered free of charge.
- For purchases up to €58.99, the shipping costs €5.90.
- Payment via PayPal is charged at €1.
On working days, the goods are dispatched on working days on the day of the order (if registered by 12:00 p.m.) or the following day and will be delivered directly to you at the specified address up to 5-7 working day (the delivery depends on the recipient's country) from dispatch (in exceptional cases, or for goods not immediately available may be longer delivery).
Acceptance of goods
The consumer undertakes to take over the goods at the date/within the agreed period at the address specified in the order.
When collecting the product, the consumer is obliged to check the physical integrity and completeness of the shipment. If it is visibly damaged and destroyed, the consumer is obliged to immediately contact the seller without taking the shipment over 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 having paid 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 liabilities, 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 been transferred to the consumer.
The risk of damage to the products is transferred to the consumer at the time when accepted by the consumer or their agent.
Warranty, warranty card
The warranty period is 24 months and starts as of taking delivery 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 duration 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 fails to fulfill this obligation, the same is obliged to compensate the buyer for the damage incurred by that.
The seller is liable to the consumer for:
- compliance with the price that was valid at the time of sending the order by the customer, if the order was accepted
- shipment of defect-free 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 liable for:
- delayed delivery of goods caused by the mail company (post)
- delayed delivery of goods due to incorrect address of the consignee
- damage caused by the mail company (post); Do not accept visibly damaged goods (damaged parcel packaging, etc.)!
Complaints and claims
The seller is liable for defects in the goods sold when taken over by the buyer. In the event of a defect that can be remedied, the buyer has the right to have it rectified free of charge, in good time and properly. The seller is obliged to remedy the defect without undue delay.
Instead of the remedy, 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 with respect to the price of the goods or the severity of the defect. Instead of the remedy, the seller can always replace the defective goods with goods without defect, if this does not cause serious difficulties for the buyer.
In the event of a defect, which cannot be remedied and which prevents the goods from being properly used as the goods without defects, the buyer has the right to have the goods exchanged or has the right to cancel the contract. The buyer has the same rights in the event of remediable defects, if the buyer can not properly use the item due to a recurrent defect after repair or due to a larger number of defects. In the event 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 complaint. After the method of handling the complaint is determined, the complaint will be settled immediately, in justified cases, the complaint may be settled later; however, the settlement of the complaint may not take longer than 30 days from the date of complaint. After the period for handling the complaint expires, the consumer has the right to cancel the contract or has the right to have the product exchanged 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 event of the exchange of goods for new ones, a new warranty period begins to run from goods receipt.
When a consumer makes a complaint during the first 12 months from the purchase, the seller may reject the complaint only on the basis of an expert opinion based on assessment; irrespective of the outcome of the expert opinion, the consumer may not be required to pay the costs of the expert opinion or other costs related to it.
When a consumer makes a complaint after 12 months from the purchase, when the seller rejected the complaint, the seller is obliged to state in the document on the handling of the complaint to whom the consumer can send the product for assessment to get an expert opinion. If the product is sent for expert opinion to a designated person, the costs of the assessment, as well as all other related expediently incurred costs, shall be borne by the seller, regardless of the result of the expert opinion. If the consumer proves by means of the expert opinion that the seller has been liable for the defect, the consumer can file a complaint again. The warranty period is suspended during the opinion is developed. The seller is obliged to reimburse the consumer for all costs incurred in relation to the expert opinion, as well as all related purposefully incurred costs, within 14 days from the date the complaint was re-submitted. A re-submitted claim cannot be rejected.
The seller is obliged to deliver the confirmation of the complaint made (claim) to the consumer immediately, if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, however, no later than together with the proof of complaint handling; a confirmation of the complaint made need not be delivered if the consumer has the opportunity to prove it 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, s.r.o.
81104 Bratislava, Slovakia
phone: +421 903 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 provisions of Section (§) 1 para. 4 of Act no. 391/2015 Z.z., and disputes whose value does not exceed €20. A motion to initiate ADR is submitted to the ADR entity pursuant to provision of Section (§) 3 of the quoted Act, using a dedicated platform or a form, a template of which forms Annex no. 1 of the quoted Act. The ADR entity may require the consumer to pay a fee for starting the ADR, up to a maximum of €5 incl. VAT.
All cases of alternative dispute resolution should be submitted to the Slovak Trade Inspection, Prievozská 32, PO Box 5, 820 07 Bratislava 27, Slovakia or 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
The consumer is entitled to cancel 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.
Contract cancellation by the consumer terminates the contract from the beginning. The seller is obliged to take the goods back, return, no later than 15 days from the date of contract cancellation, to the consumer the price paid for the goods or the advance (including postage paid by the buyer to be delivered the goods to the same) 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 cancel the contract— the completed contract cancellation form-—to the e-mail address email@example.com, or to the postal address of the seller:
Sofia Jewelry, s.r.o.
81104 Bratislava, Slovakia
Unless otherwise agreed between the seller and the consumer, the consumer may not cancel a contract relating to:
a) the provision of a service, if the performance of the service began with the consumer's consent before the expiry of the cancellation 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 are beyond the seller's 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) the sale of newspapers, magazines and periodicals,
f) lotteries and other similar games.
According to Section (§) 10 para. 4 of Act no. 102/2014 Z. z., the consumer is liable 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, the customer has the right, within the period for cancellation of the contract, to unpack and test the goods in a manner similar to usual purchases in a classic bricks-and-mortar shop, ie to test the goods to determine their basic properties and functionality. If the wear of the goods goes beyond the signs of standard testing of the goods, or bears signs of wear or damage, the seller may reduce the amount to be refunded for these goods.
Failure to collect the ordered shipment
In the event of failed collection of the goods, which is the subject of the purchase contract established on the basis of the buyer's order at www.sofia.net, the seller is entitled to demand compensation from the buyer in the amount of necessarily incurred costs related to performance under the legally incurred purchase contract totalling €10.
Customer information is processed in accordance with the provisions of Act no. 122/2013 Z. z. 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, Slovakia 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.
Consumer declare that before completing or notifying of the order, they have 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 regulate 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 will remain unaffected.
Consumer rights in relation to the seller arising from Consumer Protection Act no. 634/1992 Z. z. as amended and regulations and Act on Consumer Protection in Door-to-Door and Mail Order Sales No. 108/2000 Z. z., as amended, will remain unaffected by these conditions.
Legal relations and conditions not expressly regulated herein, 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.net on the day of sending the order by the buyer, who unconditionally accepts them. The operator reserves the right to change or supplement the terms and conditions, if applicable.
These terms and conditions take effect on 1 July 2012.