Terms & Conditions

General business conditions of DR, s.r.o.

Introductory provisions

  1. Commercial Company DR, with its registered office at Uherská cesta 76, 958 03 Malé Uherce, IČO: 50 244 035, entered in the Commercial Register kept by the District Court Trenčín, section: Sro, Insert No: 32891 / R (hereinafter referred to as "Seller" or "DR "), It issues these General Terms and Conditions (hereinafter referred to as the" GTC ") which govern the rights and obligations of the parties to the conclusion and fulfillment of the purchase contract. Unless expressly stated otherwise in these GTC's or in the purchase contract, the terms with the large initial letter the meaning below:
  2. Unless expressly stated otherwise in these terms and conditions or the sales contract, the terms with large initial letter are as follows: (a) "Seller" means DR, s.r.o;
    1. "Seller" means DR, s.r.o. "Buyer" means a natural person, a natural person - an entrepreneur or a legal person interested in concluding a purchase contract with the Seller; one who has concluded a purchase contract with the Seller;
    2. "Buyer" means a natural person, a natural person - an entrepreneur or a legal person who is interested in concluding a purchase contract with the Seller; one who has concluded a purchase contract with the Seller; A "Purchase Contract" is an obligation whose proposal arises from an order from the buyer. The purchase agreement itself is closed by the moment of delivery of the buyer's and seller's agreed consent with this proposal - confirmation of the order to the seller. From then, mutual rights and obligations arise between the buyer and the seller.
    3. A "Purchase Contract" is an obligation whose proposal arises from an order from the buyer. The purchase agreement itself is closed by the moment of delivery of the buyer's and seller's agreed consent with this proposal - confirmation of the order to the seller. From then, mutual rights and obligations arise between the buyer and the seller. "Goods" means movables / movable items, most commonly handbags, or other things the Seller offers for sale through their website www.dajanarodriguez.com and which is / are the subject of the Purchase Agreement;
    4. "Goods" means movables / movable items, most commonly handbags, or other things the Seller offers for sale through their website www.dajanarodriguez.com and which is / are the subject of the Purchase Agreement;
    5. "Website" means the Internet site of the Seller published on the Internet under the address: www.dajanarodriguez.com; "Civil Code" means Act no. 40/1964 Coll. Civil Code as amended;
    6. "Civil Code" means Act no. 40/1964 Coll. Civil Code as amended; "Consumer Protection Act when Selling Goods or Delivering Services under a Long Distance Contract or a Contract Outside the Operator's premises" means Act no. 102/2014 Z.z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment and supplementation of certain laws as amended.
    7. "Consumer Protection Act when Selling Goods or Delivering Services under a Long Distance Contract or a Contract Outside the Operator's premises" means Act no. 102/2014 Z.z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and on the amendment and supplementation of certain laws as amended. "Order" means a Purchase Order made through the Website.
    8. "Order" means a Purchase Order made through the Website. These GTCs form an integral part of the Purchase Agreement and are binding on the Buyer by sending the Purchase Order to the Seller.
  3. These GTCs form an integral part of the Purchase Agreement and are binding on the Buyer by sending the Purchase Order to the Seller. Deductions in the Purchase Agreement take precedence over the wording of these GTCs.
  4. Deductions in the Purchase Agreement take precedence over the wording of these GTCs. The Offer of the Seller for Sale The Goods are not in the nature of a proposal to conclude a purchase contract or other contract, a public offer for the conclusion of a purchase contract or any other contract, a public tender or any other legal act with similar or similar effects.
  5. The Offer of the Seller for Sale The Goods are not in the nature of a proposal to conclude a purchase contract or other contract, a public offer for the conclusion of a purchase contract or any other contract, a public tender or any other legal act with similar or similar effects.
  6. The contractual relationship established by the Purchase Agreement is governed by the laws in force in the Slovak Republic.

Contract of sale

  1. The purchase contract is concluded in the following manner: on the basis of Buyer's Order and
    1. on the basis of Buyer's Order and on the confirmation of the Order by the Seller
    2. upon confirmation of the Order by the Seller
  2. Buyer's Purchase Order is a Buyer's proposal to conclude a Purchase Agreement that is determined by the Seller. The order is binding for the Buyer. The Buyer executes the Order exclusively through the Seller's Website in the form of a full and complete filing and dispatching of the form published on the Website. In the Purchaser Order the Buyer is obliged to indicate in particular:
    1. Ordered Goods by determining their type and quantity;
    2. purchase price and method of payment
    3. place and method of delivery of the Goods. The Purchaser is required to identify in the Order the correct identification data that will enable the Seller to contact the Buyer in case of any discrepancy or ambiguity in the handling of the Order
  3. The Buyer is obligated to identify in the Order the correct identification data that will allow the Seller to contact the Buyer in case of any discrepancy or ambiguity in handling the Order. Any change to the data provided in the Order already sent is possible only with the Seller's consent.
  4. Any change in the data provided in the Order already sent may be made only with the Seller's consent.
  5. The Seller is obliged to comment on the Order no later than 7 calendar days from the date of the order being placed, to the Buyer, unless these GTC's stipulate otherwise. Seller may comment on the Order by:
    1. Confirming the buyers order
    2. Not confirming the buyers Purchase Order, especially if the Seller, after submitting the Order, finds that for objective reasons or for reasons beyond their control, the Buyer's Order can not be fulfilled
  6. Confirmation of an Order by Seller is by accepting an offer to enter into a Purchase Contract, provided that it contains the same information as the information given on the Order sent, unless the order confirmation contains information and data resulting from the Purchase Contract, these GTC's or generally binding legal regulations. Confirmation of Orders is binding upon the Seller. Confirmation Orders are made by the Seller via e-mail, letter or in person.
  7. If, within 20 minutes of sending the Purchase Order, the Buyer at the email address provided does not receive a notice of receipt of the Order, it is necessary to check that the receipt of the Order is not in the spam folder. If the Purchase Order Receipt or Order Confirmation is not received by the Buyer, they must contact the Seller at info@dajanarodriguez.com or call +421 902 103 897.

Purchase price and payment terms

  1. The Buyer is obliged to pay the Selling Purchase Price for the Goods, valid at the moment of sending the Purchase Order to the Purchaser, unless the parties agree otherwise. Together with the payment of the purchase price, the Buyer is obliged to pay the cost of postage and packing, at the amount specified in the Order.
  2. The amount of the purchase price for the Goods, as well as the amount of postage and packaging is stated on the Seller's Website. The purchase price for the Goods, as well as the amount of the postage and packing, are final. Company DR s. r. o. is a VAT payer.
  3. The Buyer is entitled to pay the Buyer's Purchase Price for the Goods by transferring to the Seller's bank account or via the PayPal payment system under the correct variable symbol. Payment credentials will be listed in the Order. The seller is obliged to comment on the Order only after the money has been credited to the amount of the purchase price for the Goods and the cost of the postage and packing to his bank account.
  4. Customer's request for expedited delivery of the Goods or delivery of the Goods at a certain date increases the price of the Goods by 20 €. This request must be previously consulted with the Seller, with the Buyer and Seller agreeing on the date of the ordering of the goods (usually within 7 business days), with the requirement of preference. If the request is not pre-communicated and confirmed by the Seller, the Seller is not obliged to deliver the goods within 7 business days even if the amount of the preferential equipment has been paid.

Supply of goods

  1. Goods will be delivered to the Buyer by dispatch or delivery of the Goods through the DPD courier, to the address in the Slovak Republic or Czech Republic and via the Slovak Post to the address abroad determined by the Purchaser in the Purchase Agreement, under the following conditions:
    1. The Seller shall notify the Buyer of the delivery date,
    2. The Seller is obliged to pack the Goods for carriage in the manner that is customary for Goods in the course of trade, respectively. in the manner necessary for the preservation and protection of the Goods.
    3. Buyer is required to pay the Seller the costs associated with shipping and shipping the Goods at the amount specified in the Purchase Agreement and with the payment of the purchase price.
  2. The Seller is obliged to send the Goods to Buyer within 60 days of the confirmation of the Purchase Order, unless the Purchase Contract provides for another delivery period.
  3. If, after the conclusion of the Purchase Contract, the Seller finds that for objective reasons, or for reasons beyond his control, it is not possible to deliver the Goods to the Buyer within the time limit specified in these GTC's, the Seller is entitled to propose to the Purchaser an agreement to change the Purchase Contract. The moment of fulfillment of the Seller's obligation to deliver the Goods under the Purchase Agreement shall be suspended in such a case until the conclusion of the agreement on the change of the Purchase Contract. In the event that an agreement on a change in the Purchase Agreement is not concluded within seven days of the submission of the Buyer's proposal for the conclusion of an agreement on the change of the Purchase Agreement, or if the Buyer refuses the Seller's proposal to conclude an agreement on the change of the Purchase Contract, the Seller and / to withdraw from the contract. The provisions of these GTC's for the conclusion of the Purchase Agreement are adequately covered by the agreement on the change of the Purchase Agreement.
  4. If a gift voucher is purchased, it is valid for 1 year from the date of issue. Upon expiration of this period, the voucher can not be used and the Buyer is not entitled to a refund.

Buyer's entitlements as a consumer

  1. The Buyer declares that prior to sending the Purchase Order the Seller has communicated to him the following information: Main Characteristics of the Goods (description of the Goods, Surface Material of the Goods, Dimensions of the Goods);
    1. the main features of the Goods (description of the Goods, surface material of the Goods, dimensions of the Goods), identification of the Seller (business name, registered office);
    2. Seller identification (business name, registered office), Seller's phone number, and other information relevant to Buyer's contact with the seller (e-mail address);
    3. Seller's phone number and other information important for the Buyer's contact with the seller (e-mail address);
    4. the address of the Seller where the Buyer may claim (Seller's address);
    5. the total purchase price of the Goods, transport costs, postage, packing, etc. (the information is included in the order summary before sending it);
    6. payment terms, terms of delivery, time to which the Seller undertakes to deliver the Goods;
    7. information on the procedures for the application and handling of complaints, complaints and suggestions by the Buyer;
    8. information on Buyer's right to withdraw from the Purchase Agreement without giving any reason within 14 days of receipt of the Goods; terms and conditions and the procedure for exercising the right to withdraw from the Purchase Agreement (Article 6 of the GTC);
    9. if the Buyer withdraws from the Purchase Agreement, shall bear the cost of returning the Goods to the Seller;
    10. information on warranty terms and instructions on the Seller's liability for defects in the Goods;
    11. information that the Purchase Agreement has been concluded for a specified period of time to meet it; as well as information that the Purchaser's obligations under the Purchase Agreement persist in their proper and timely fulfillment;
    12. information on the possibilities and conditions of dispute settlement through the system of alternative dispute resolution pursuant to Act no. 391/2015 Z.z. on alternative dispute resolution of consumer disputes and on amendment of some laws.

Withdrawal from the Purchase Agreement

  1. The Buyer is entitled to withdraw from the Purchase Agreement without giving any reason within 14 days from the date of receipt of the Goods if the Seller has provided the Purchaser with timely and proper information about the right to withdraw from the Purchase Agreement. Goods are deemed to have been taken over when the Buyer or person designated by him, except the carrier, takes over all parts of the Goods ordered.
  2. If the Seller has provided the Buyer with additional information, but no later than 12 months after commencement of the expiration period, the withdrawal period of the Purchase Contract under sec. 1 of this Article of the GTC's, the withdrawal period after the Purchase Contract expires 14 days after the date when the Seller additionally fulfilled the information obligation. If the Seller has not provided the Buyer with information about the right to withdraw from the Purchase Agreement or the additional period under the preceding sentence, the withdrawal period after the Purchase Agreement expires after 12 months and 14 days from the date of commencement of the withdrawal period. sec.1 of this article.
  3. The Purchaser is entitled to withdraw from the Purchase Agreement even before the commencement of the term for withdrawal from the Purchase Agreement. Buyer may exercise the right to withdraw from the Purchase Agreement at the Seller (at its registered office) in paper form or in the form of another durable medium (ie, by e-mail notification to: dajana@dajanarodriguez.com or info@dajanarodriguez.com ), indicating the Order number. The buyer may use the withdrawal form from the Purchase Agreement, which is on the Seller's Web site.
  4. The Buyer is obliged to send the Goods back (recommended with insurance) within 14 days of the date of withdrawal from the Purchase Agreement or to deliver it to the Seller. The goods may not be returned as a shipment to the consignment; in which case it will not be taken over. The address for the return of the Goods is: Uherská cesta 76, 958 03 Malá Uherce, Slovakia. The costs of returning the Goods to the Seller are borne by the Buyer. The goods must not be used or damaged. Returned Goods must be complete, including accessories, etc., and must be provided with an original label and all the protective elements of the new Goods. When returning the Goods, it must be packaged so that it is delivered to the Seller, undamaged, resaleable. The Buyer is responsible for the impairment of the Value of the Goods resulting from such treatment of the Goods which is beyond the treatment necessary to ascertain the characteristics and functionality of the Goods.
  5. The Seller shall, within 14 days from the date of delivery of the Buyer's withdrawal from the Purchase Contract, return to the Buyer all payments received from or under the Purchase Agreement, including transportation, delivery and postage charges, by bank transfer to account designated by the Buyer. The seller is not obliged to refund the Buyer before the goods are delivered to him.
  6. The Buyer is entitled to withdraw from the Purchase Agreement in the event of Seller's delay with the delivery of the Goods only if the delay is directly caused by the Seller. The seller is not responsible for the delay caused by the third parties entering into the delivery process of the Goods.
  7. The Seller is entitled to withdraw from the Purchase Agreement in the cases provided for in these GTC's as well as (a) if the Buyer is late in paying the Purchase Price; (b) by delivering to the Contractor the Contractor violates the generally binding legal regulations; for objective reasons, respectively. for reasons beyond his control, can not deliver the Goods to the Buyer.
  8. If, after the conclusion of the Purchase Agreement, the Seller finds that for objective reasons, or for reasons beyond his control, it is not possible to deliver any part and / or some kind of Goods to the Buyer, the Seller is entitled to propose to the Buyer an agreement to change the Purchase Contract. The moment of fulfillment of the Seller's obligation to deliver the Goods under the Purchase Agreement shall be suspended in such a case until the conclusion of the agreement on the change of the Purchase Contract. If the Buyer does not agree to change the Purchase Agreement within seven days of submitting the Seller's proposal to enter into an agreement to change the Purchase Agreement or if the Buyer refuses to accept the Seller's proposal to conclude an agreement to change the Purchase Contract, the Seller and / or Buyer may withdraw from the Purchase Agreement. The provisions of these GTCs for the conclusion of the Purchase Agreement are adequately covered by the agreement on the change of the Purchase Agreement.
  9. The provisions of this Article 6 of the GTC's do not apply to withdrawal from the Purchase Contract due to defects in the goods. Buyer's claims arising from defective goods are governed by Seller's Claims.
  10. The Buyer can not withdraw from the Purchase Contract under this GTC Article in the cases provided by the Consumer Protection Act in the sale of goods or services under a distance or off-premises contract of the Seller, in particular in the case of the sale of the Goods made according to the specific requirements of the Purchaser , Made-to-measure merchandise or goods specifically intended for one Purchaser. "

Acquisition of Property Rights to the Goods

  1. Buyer acquires ownership of the Goods and the risk of damage to the Goods goes to the Purchaser at the time of its receipt; this does not apply to the Buyer in the position of a natural person - an entrepreneur and a legal entity.
  2. Buyer in the position of a natural person - an entrepreneur and a legal person, acquires ownership of the Goods at the moment of its receipt or the moment of payment of the purchase price for the Goods, whichever comes later. The risk of damage to the goods passes to the buyer in the position of the natural person - the entrepreneur and the legal person, at the moment of its taking over, respectively. the moment when it comes to delaying the takeover of the goods, whichever comes first.

Liability for Defects of the Goods

  1. The seller provides a warranty for the Goods. The warranty period is 24 months and begins to run from the date of receipt of the Goods by the Buyer. The warranty period is extended by the time during which the Product was warranted. The warranty covers manufacturing defects that occur during the warranty period due to a material defect or a functional error.
  2. The warranty covers manufacturing defects that occur during the warranty period due to material defect or functional error.
  3. The Buyer is obliged to oversee the Goods without undue delay upon its receipt.
  4. The warranty does not apply to the normal wear and tear of the Goods or parts thereof caused by use. Therefore, the shorter life of the Goods can not be considered a fault and can not be claimed. The warranty does not extend to defects caused by mechanical damage, improper use, inappropriate handling, improper maintenance of the Goods, overloading of the Goods by weight / excess weight. The procedure for claiming the claim is specified in Seller's order, which is published on the Seller's Website.
  5. The procedure for claiming is stated in Seller's order of payment, which is published on the Seller's Website.

Delivery

  1. Identification and Communication Data of the Seller: DR, s.r.o., with registered office at Uherská cesta 76, 958 03 Malé Uherce, Slovakia, e-mail: dajana@dajanarodriguez.com or info@dajanarodriguez.com
  2. Buyer identification and communication details are listed on Buyer's Order.
  3. Any documents relating to the Purchase Agreement shall be deemed to have been delivered at the time of their actual delivery. In the case of personal surrender, the document is deemed to have been served by its receipt. If the document is sent by post, it is deemed to have been served by its takeover, rejection of the takeover, return of the shipment to the other party (for any reason) or negligence of the withdrawal period, whichever is the earlier. If a document is sent by e-mail, it is deemed delivered by the moment of confirmation of delivery of the e-mail message.

Personal information

  1. The Purchaser declares that, prior to the processing of his personal data, he was informed by the Seller of the Operator pursuant to § 4 ods. Article 2 b) Act no. 122/2013 Z.z. on the Protection of Personal Data and on Amendments to Certain Laws, as amended (hereinafter the "Personal Data Protection Act"), the following information in advance: (a) identification data of the Seller; (b) the purpose of the processing of personal data - the establishment of pre-contractual relationships, the performance of the Purchase Agreement, the amendment of this Agreement; protection of the rights and legitimate interests of the Seller, if necessary; (c) a list of personal data - personal data of the Buyer or person authorized to act on behalf of the Buyer specified in the Agreement; (d) information demonstrating the identity of the eligible persons acquiring the Personal Data of the Purchaser; (e) a notice on the obligation to provide personal data (the legal basis which the Buyer imposes on this obligation is the Personal Data Protection Act); the legal consequence of the Buyer's refusal to provide personal information may be the non-conclusion of the Agreement; the legal basis for the processing of personal data is the Purchase Agreement (f) third parties to whom the Personal Data of the Purchaser may be provided, (g) the number of recipients to whom the Personal Data of the Purchaser may be made available, (h) the form of disclosure, (i) with third countries, if it is foreseen or is apparent that personal data will be transferred to these countries; (j) a statement of the Buyer's rights as the person concerned.
  2. The Buyer shall have the following rights: (a) the right of the Seller to process his personal data in accordance with the Personal Data Protection Act and other applicable laws; (b) the right of the Seller to secure the immediate removal of the Buyer's personal data under ust. § 17 par. (C) the right to withdraw consent to the processing of personal data by written notice addressed to the Seller, acknowledging that the revocation of consent to the processing of personal data will not affect Seller's authorization to process Buyer's personal information under ods. (1) (d) the other rights referred to in Section 28 of the Personal Data Protection Act and the right to claim all such rights in the manner specified in the Personal Data Protection Act, but in particular the Buyer is authorized to do so in writing require confirmation of whether or not personal data are processed, information about the status of the Buyer's personal data processing, information on the source from which the Buyer's personal data has been obtained, the Buyer's processing of personal data, the correction of incorrect, incomplete or outdated personal data of the Buyer , liquidation or blocking of Buyer's personal data.
  3. If the Purchaser has given his / her consent to the processing of personal data (personal data: name and surname, address, permanent address, telephone number, e-mail address), for direct marketing and information about preferred offers and news, data processed for that purpose. Consent shall be given for a period of five years from the date of consent. Buyer has the right to withdraw consent to the processing of personal data by written notice addressed to the Seller.
  4. The Buyer agrees that the Seller shall use the means of distance communication when communicating with him. Buyer agrees that the communication between the seller and the buyer shall also be communicated to the Purchaser by means of electronic communications provided or disclosed by the buyer: e-mail, number or fixed line, delivery of business offers, product information, and seller services (if Buyer has not declined) and so on. Approval is granted for the duration of this approval until the expiration of 4 years from the date of termination of any last-time contractual or other legal relationship with the Seller. The consent can be revoked at any time by written notice addressed to the Seller.

Article 11

Final provisions

  1. These GTC's will enter into force and effect on April 7, 2016. The Seller is entitled to change GTC, mainly due to changes in legislation, technical possibilities, changes in business, The Buyer must notify the Buyer in writing about the change of the GTC (the written form is preserved if the notification is made in electronic form).
  2. The Seller is entitled to change the GTC, mainly due to changes in legislation, technical possibilities, changes in business, etc. The Buyer must notify the Buyer in writing about the change of the GTC (the written form is preserved if the notification is made in electronic form).

In Malé Uherce on April 7, 2016

DR, s.r.o.