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General Terms and Conditions of E-SHOP Chantallonline.com
Article I
General Provisions and Definition of Concepts
1. These general terms and conditions (hereinafter referred to as “GTC”) regulate the rights and obligations of the company Chantall online s. r. o., registered office Dvorska cesta 2/B , 940 01 Nové Zámky, the Slovak Republic, Business Identification No.: 50 887 734, registered in the Companies Register of District Court Nitra, Section: Sro, File No.: 43261/N (hereinafter referred to as the “Seller”) and a purchaser (hereinafter referred to as the “Purchaser”) with regard to the goods purchase offered by the seller by means of the electronic shop on the seller´s website www.chantallonline.com (hereinafter referred to as “chantallonline.com) and they are an integral part of the Purchase Contract concluded between the purchaser and the seller for a distance by means of electronic shop on the Internet (hereinafter referred to as the “Purchase Contract”). (The Seller and the Purchaser collectively hereinafter referred to as the “Contractual Parties”).
2. These GTC are valid in the territory of the European Union for goods purchase ordered by means of electronic shop (hereinafter referred to as the ”E-shop”) on chantallonline.com.
3. GTC come into force on the day of their publication on chantallonline.com.
4. All relations between the purchaser and the seller, which are not regulated by these general terms and conditions, are governed by the relevant provisions of the Act No. 513/1991 Coll., the Commercial Code as amended by later regulations. If the purchaser is a consumer within Section 52 Subsection 3 of the Act No. 40/1964 Coll., the Civil Code as amended, and when it is the purchaser who does not deal with within his business or entrepreneurial activity when he concludes and performs the contract, the relations not regulated by these general terms and conditions are governed by the relevant provisions of the Act No. 40/1964 Coll., the Civil Code as amended by later regulations.
5. Purchaser´s rights in relation with the seller resulting from the Act No. 250/2007 Coll. on consumer´s protection and on change of the Act of the Slovak National Council No. 372/1990 Coll. on offences as amended by later regulations and the Act No. 102/2014 Coll. on consumer´s protection with regard to goods sale or the provision of services on the basis of the contract concluded for a distance or the contract concluded out of operational premises of the seller and on changing and amending certain laws, remain unaffected by these GTC.
6. The purchaser means the registered natural person or legal entity in the system who will order electronically goods by means of E-shop on chantallonline.com. .
7. The purchaser can access to his user interface on the basis of purchaser´s registration made on chantallonline.com. The purchaser can make goods orders from his user interface.
The purchaser can make goods orders also without registration – directly on chantallonline.com.
The access to user account is secured by a user name and a password. The purchaser is obliged to maintain confidentiality with regard to information necessary for the access to his user account and cautiousness with regard to storing of the information. The purchaser is obliged to use his user account in person and he is not authorized to enable to use his user account to the third persons.
8. Supervisory Body with regard to Seller´s Activity:
Slovak Trade Inspection (Slovenská obchodná inšpekcia, SOI)
Inspectorate of SOI (Slovak Trade Inspection) for Bratislava Region
Prievozská 32, P.O. Box 5
820 07 Bratislava 27
9. Contact data of the seller for purchasers:
Chantall online s.r.o.
Dvorská cesta 2/B
Nove Zamky 940 01
Tel.: +421 905 425 465
info@chantallonline.com
Article II
Order/origin of Purchase Contract
1. An electronic order is a dispatched filled-in electronic form containing information of the purchaser, list of ordered goods from the E-shop on chantallonline.com, payment and delivery terms and the total price of ordered goods, processed by E-shop system.
2. Goods mean all products of the seller stated in the section “Collections” on chantallonline.com.
3. The purchaser undertakes to fill in correctly and completely all required boxes of electronic form when he orders goods.
4. The seller is not responsible for delivery delay and/or for damage which has been caused as a consequence of that the purchaser did not fill in all required data and/ or he filled in the electronic form incorrectly. The seller is not also responsible for damage which has been caused to the purchaser as a consequence of that fact that the purchaser has forgotten his password and/or password of the purchaser has got into the hands of unauthorized persons without the seller´s efforts.
5. By dispatching the filled-in form/order the purchaser takes into consideration and explicitly confirms that he has been acquainted that the part of the order is the obligation to pay a purchase price.
6. The accepted electronic order is considered to be a proposal of purchase contract and it is binding.
7. The purchase contract between the seller and the purchaser comes into existence on the basis of binding confirmation of electronic order in the system of the seller. The seller is obliged to send to the purchaser the confirmation of conclusion of the contract and to confirm the contents of electronic order by an e-mail message (to the e-mail address of the purchaser stated in the electronic order) and without delay, otherwise the purchase contract between the contractual parties has not been concluded. The purchaser is obliged to check the content of the electronic order stated in the e-mail message by the seller. If discrepancies are ascertained with regard to the content of electronic order confirmed by the seller, the purchaser is obliged to inform the seller about it by means of an e-mail message sent to the e-mail address info@chantall.sk. The seller will respond according to his real possibilities and abilities to the changes required by the purchaser and the change of the purchase contract will occur only in case of seller´s confirming e-mail.
8. Fundamental requirements of electronic order are considered:
8.1 Purchaser´s identification, that is name and surname, residence, contact (telephone and e-mail address);
8.2 Code of client´s goods according to catalogue or also its name, colour design, size;
8.3 Quantity of ordered goods;
8.4 Terms of payment;
8.5 Terms of delivery.
If an order does not include the requirements according to point 8 of this article, it is considered to be incomplete. In such a case the seller will attempt to contact the purchaser and to call on him to remove the lacks of electronic order and its potential accuracy improvement and/or completion. The electronic order is considered to be completed at the moment of delivery of data specifying and/or completing the electronic order to the seller.
9. The purchaser is obliged to state all data correctly when he orders goods. The purchaser is obliged to update any changes given in data of user account. The seller considers the data given by the purchaser when he orders goods to be current and correct in order to avoid doubts.
Article III
Cancellation of Order
1. Purchaser has the right to cancel the electronic order without giving a reason at any time.
2. The seller reserves the right to cancel the order or part thereof in the following cases:
2.1 In case it was not possible to confirm the order obligatorily (incorrectly given telephone
number, unavailable, e-mails are not responded, etc.)
2.2 Goods are not produced any more or they are not delivered and supplier´s price of goods has significantly changed. In case if this situation occurs the seller will contact the purchaser instantly for the purpose of agreement on further procedure. In case the purchaser has already paid the part or the total purchase price, the seller will return this amount without undue delay, however, not later than within the period of 14 days from the day the above mentioned facts were ascertained.
Article IV
Postage and Packing
1. Goods are delivered to the purchaser by means of DHL Parcel Slovensko courier.
2. n case of goods delivery in the territory of the Slovak Republic, if the value of client´s order exceeds the amount of 190 EUR (in words: one hundred and ninety euros), the seller does not charge postage and packing with the exception of the case if in spite of agreement of the purchaser with the courier service the goods failed to be delivered successfully in agreed time and at the place of delivery to the purchaser or if the seller returns goods to the purchaser as a consequence of unauthorized complaint. In case of goods delivery in the territory of the Czech Republic if the value of purchaser´s order exceeds the amount of 250 EUR (in words: two hundred and fifty euros), the seller does not charge postage and packing with the exception of the case if in spite of agreement of the purchaser with the courier service the goods failed to be delivered successfully in agreed time and at the place of delivery to the purchaser or if the seller returns goods to the purchaser as a consequence of unauthorized complaint.
3. In case of goods delivery in the territory of the Slovak Republic, if the value of purchaser´s order does not exceed the amount of 190 EUR (in words: one hundred and ninety euros), the seller charges postage and packing in the amount of 4.90 EUR. In case of cash on delivery, the seller charges postage and packing in the amount of 7.90 EUR (4.90 EUR postage and packing + 1 EUR cash on delivery). In case of delivery in the territory of the Czech Republic, if the value of purchaser´s order does not exceed the amount of 250 EUR (in words: one hundred and ninety euros), the seller charges postage and packing in the amount of 7.90 EUR.
Article V
Terms of Delivery
1. The seller will send the goods electronically ordered by means of E-shop to the purchaser according to availability of individual kinds of goods and operational possibilities as soon as possible. Our aim is to deliver goods within 3 – 5 working days after the order is confirmed. Regardless of the period stated in the preceding sentence, the seller is authorized with regard to selected goods to state other period of delivery with regard to specification and availability of the goods.
2. The seller informs the purchaser of goods sending by electronic mail (e-mail) on the e-mail address which the purchaser has given in an electronic order.
3. Goods are delivered by means of a courier service to the address of delivery given in an electronic order by the purchaser. The courier service will contact the purchaser by telephone before goods delivery to the purchaser and it will agree with him obligatorily on exact time of goods delivery to the purchaser. In case if the purchaser is not present at time which he agreed on with the courier service obligatorily at the place of delivery and he will not authorize other person for taking goods over, the purchaser is responsible for the damage which occurred to the seller and/or the courier service in consequence of unsuccessful goods delivery to the purchaser. The purchaser bears the costs of repeated goods delivery to the purchaser.
4. Proprietary right to goods is transferred to the purchaser by its taking over and by paying the purchase price.
5. Parcel with goods always includes an invoice. The purchase is obliged to check if the wrapping in which goods are wrapped, is not damaged when he takes goods over and to sign the document of taking goods over. In case of its damage it is necessary to write a report of ascertained defects caused during the transport with a carrier – courier service at the place of goods delivery. If the purchase takes goods over also in spite of obvious damage of the wrapping, the seller will not acknowledge later complaints due to this reason.
6. The seller delivers goods exclusively in the territory of the Slovak Republic.
7. Goods delivery to the territory of the member states of the European Union or other states is realized on the basis of prior consent and mutual written agreement of price for postage and packing and further terms of delivery between the purchaser and the seller.
Article VI
Terms of Price
1. Purchase price of goods offered by the seller by means of chantallonline.com is always stated next to selected goods. The purchase price is always stated with a value added tax if not stated otherwise.
2. The seller reserves the right to regulate unilaterally (rise/reduce) goods prices stated on chantallonline.com and new goods prices are valid for the purchaser on the day of their publication on chantallonline.com. This price regulation is not related to good already ordered by the purchaser. In case the price obviously incorrect appears next to certain goods on chantallonline.com, for example the goods which are usually available and generally known and their price is different from usual price or due to system mistake, the price “0 EUR” or “1 EUR” appears, the seller is not obliged to deliver goods for incorrect price, but he can offer the purchaser goods delivery for usual price. If the purchaser does not agree with usual price, he can withdraw from the purchase agreement.
3. Offer for goods sale and goods prices are valid for the period while they are displayed on chantallonline.com
Article VII
Terms of Payment
1. Payments are made in EURO and the seller requires one of the following ways of payment:
1.1 CASH ON DELIVERY PAYMENT: As for this way of payment the purchaser pays the total amount for goods stated in an electronic order when the goods are taken over from a courier or directly to the courier (fee in the amount of 1 EURO is charged to goods and transport price for cash on delivery in case of cash on delivery payment for goods as stated in article IV of GTC);
1.2 ADVANCE PAYMENT – by means of “CardPay” service.
Article VIII
Warranty Conditions and Warranty Period
1. A warranty period of 24 months is provided for delivered goods to the purchaser. The warranty period commences to pass on the day when it is handed over to the purchaser.
2. An invoice is enclosed with each goods purchased from the seller when it is delivered to the purchaser (purchase goods document), which at the same time is a warranty document.
3. Only goods purchased from the seller and completely paid can be claimed.
4. The purchaser is obliged to deliver claimed goods clean, mechanically undamaged including required documents to the address of seller´s registered office when he claims a complaint
5. Goods complaint is free of charge and the purchaser has the right to reimbursement of necessary costs which occurred to him with regard to claiming rights of responsibility for defects, that is on the basis of the complaint.
6. Complaints Code, published on chantallonline.com, regulates the details and practice of goods complaint.
Article IX
Circumstances Excluding Responsibility for Impossibility of Performance
1. None of the contractual parties is responsible for the impossibility of performance in case of vis major.
2. Event of vis major is considered to be the event which the contractual parties could not have foreseen and which they could have prevented even with spending the highest possible professional care which is independent of their will, especially war, uprising, strike, natural disasters, changes of legislative and others.
3. The contractual parties are obliged to inform each other of this fact in case that the event under point 2 occurs.
4. The occurrence of unexpected technical or logistic breakdowns exempts the seller from agreed obligations.
Article X
Withdrawal from the Contract
1. The purchaser in compliance with the provision of Section 7 Subsection 1 Letter a) of the Act 102/2014 on consumer´s protection with regard to goods sale or provision of services on the basis of the contract concluded for a distance or the contract concluded out of seller´s operational premises and on changing and amending certain laws, has the right to withdraw from the contract, that is within fourteen (14) days from taking goods over.
2. The purchaser can claim his right to withdraw from the contract with the seller according to some of the following ways:
a) in a documentary form, that is in a form of registered letter addressed to the seller´s correspondence address, that is to the address Dvorská cesta 2/b, 940 01 Nové Zámky or
b) by sending the message of electronic mail (email) to the address of the seller´s electronic mail info@chantall.sk,
3. The purchaser can use the withdrawal form for withdrawal from the contract which is in Annexe No. 1 of these GTC and which the seller will provide to him by publication of this form on chantallonline.com
4. The period for withdrawal from the contract is considered to be kept if the notice of withdrawal from the contract was sent to the purchaser not later than on the last day of period according to point 1 of this article of GTC.
5. The purchase contract is cancelled from the beginning in case of withdrawal from the contract. Goods have to be returned to the seller within fourteen (14) days since the withdrawal from the contract. The goods have to be returned to the seller undamaged and unworn and if it is possible in the original wrapping.
6. The seller is authorized to inspect the returned goods, especially for the purpose of ascertainment if the returned goods are not damaged or worn within ten (10) days since the returning of goods to the purchaser.
7. Costs connected with the returning of goods to the seller are born by the purchaser in case of withdrawal from the contract.
8. In case of withdrawal from the contract the seller will return the purchase price and that is by transfer to the account determined by the purchaser not later than (14) days from the withdrawal from the contract. The seller is not obliged to return payments to the purchaser before the goods are delivered to him or until the purchaser does not prove goods delivery back to the seller.
9. The purchaser takes into consideration that if the goods returned by the purchaser are damaged, worn or partly consumed, the seller has the right against the purchaser for the compensation of goods with regard to occurred damage. The seller is authorized unilaterally to include the right for the compensation of occurred damage. against the right of the purchaser with regard to the purchase price.
Article XII
Final Provisions
1. It is supposed that the purchaser has knowledge of technical possibilities of the Internet and acceptance of possible problems determined by technology when he buys goods on chantallonline.com.
2. The seller is not responsible for damages caused by incorrect connection on chantallonline.com. Computer protection or data in computer are the responsibility of the purchaser.
3. The seller points out that the information stated on chantallonline.com can be updated without a previous notice.
4. The seller does not take responsibility against other party for direct, indirect or extraordinary damages caused by using the information from chatall.sk.
5. The seller can change goods stated on chantallonline.com at any time without a prior notice.
6. The seller reserves the right to change and/or complete these GTC at any time. The changes and completions of these GTC come into force on the day of their publication on chantallonline.com.
7. On the basis of sending an electronic order to the seller, the purchaser confirms his unreserved agreement with GTC of the seller and at the same time he confirms that he has been provided the information of processing of personal data (Protection of personal data).
In Nové Zámky, on 24th July 2018
