General terms and conditions
1. BASIC PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the commercial contractual relationship between:
Milash, s.r.o.
Na varte 2B
831 01, Bratislava
Slovakia
ID: 50194895
VAT number: 2120218298
VAT ID: SK2120218298
(hereinafter referred to as “seller” or “operator”)
and the customer (hereinafter referred to as the "buyer") and its rules, conditions, obligations and liabilities arising from the purchase of goods by the buyer from the seller through the seller's point of sale, which is the online store www.bymilash.com as well as www.facebook.com/byMilash.
1.2. All contractual relations agreed between the seller and the buyer are in accordance with the law of the Slovak Republic. If the contracting party is a consumer, relations not regulated by these GTC are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 250/2007 Coll.); if the contracting party is not a consumer, relations not regulated by these GTC are governed by the Commercial Code (No. 513/1991 Coll.), as amended.
2. HOW TO ORDER GOODS AND PRICE OF GOODS
2.1. The Buyer may order goods from the Seller through the online store www.bymilash.com, and through www.facebook.com/byMilash, which for the purposes of purchase redirects the Buyer to the online store www.bymilash.com. All orders placed are managed in accordance with these GTC and are an expression of the Buyer's consent to them in full.
2.2. The Seller publishes the price of a specific product on www.bymilash.com and www.facebook.com/byMilash. The final price of the product for the Buyer is always inclusive of VAT. The Seller may provide the Buyer with a discount from the currently valid price of the product, which will be stated on the invoice for the Buyer.
2.3. After placing an order, the buyer will receive an email confirmation from the seller about the receipt of the order, along with information about the order number, type, quantity and price of the goods, as well as the calculation of the VAT amount. This confirmation will be sent to the buyer's email address, which he provided to the seller for the purposes of their mutual business relationship.
2.4. The Buyer has the option to order goods that are currently available in the Seller's warehouse. Information on the stock status of specific goods in the Seller's warehouse is available and updated on www.bymilash.com in the Shop section. The ordering system on www.bymilash.com allows the Buyer to select and order goods only up to the amount of current stock. If interested in ordering a larger quantity of a specific good than is currently available in stock, or goods that are currently not available in stock, the Buyer can contact the Seller at info@bymilash.com, who will then inform the Buyer about the availability of the goods.
2.5. The buyer has the opportunity to inquire about the status of his order at any time via the seller's email address info@bymilash.com.
2.6. The Seller may only accept orders placed by a Buyer who is 18 years of age or older at the time of ordering the goods.
3. METHOD OF PAYMENT FOR GOODS
3.1. The buyer has the option to pay for the ordered goods by choosing one of the following methods on the website of the online store www.bymilash.com:
a) payment by bank transfer to the seller's bank account maintained at Tatra banka, as, account number (IBAN): SK53 1100 0000 0029 4001 9595;
b) payment by credit/debit card via the seller's website (via the CardPay service provided by Tatra banka, as);
c) payment by credit/debit card via PayPal;
d) cash payment upon personal collection of the ordered goods at the seller's registered office at the address: Milash, sro, Na varte 2B, 831 01 Bratislava, Slovakia;
3.2. The buyer chooses the method of payment for the ordered goods when placing an order.
3.3. Payment transactions are protected by encryption.
4. DELIVERY TIME
4.1. The delivery time of the ordered goods depends on the place and method of delivery (see point 5 of these GTC) as well as the selected method of payment for the ordered goods (see point 3.1 of these GTC).
4.2. The ordered goods are ready for shipment to the buyer (expedition) within 24-48 hours of payment of the order, depending on the chosen method of payment for the ordered goods. The seller will send the ordered goods to the buyer only after the full purchase price (including the price for the chosen delivery method) has been credited to the seller's bank account.
4.3. The Seller will immediately inform the Buyer about the shipment of the goods ordered by him by sending this information to the Buyer's provided email address, which he provided to the Seller for the purposes of their mutual business relationship (processing the order in question).
4.4. The delivery time of the shipped goods is specified in point 5 of these GTC. The delivery person (DHL Parcel Slovensko spol. sro or Slovenská pošta, as) is responsible for meeting the delivery time of the shipped goods according to the selected delivery method chosen by the buyer when placing the order.
4.5. In the event of non-delivery of the shipped goods to the buyer within the delivery period, the buyer is obliged to immediately contact the delivery person (Slovenská pošta, as, courier) and inquire about the reason for the non-delivery of the shipment and also immediately contact the seller, who will provide the buyer with maximum cooperation in clarifying the reason for the non-delivery of the shipped goods by the delivery person.
4.6. The Seller is not responsible for damage or loss of goods sent to the Buyer by the delivery person.
4.7. Information on the delivery time of the shipment is indicative. The seller is not responsible for any later delivery of the shipment, especially if it was caused by factors beyond the seller's control, e.g. delays on the part of the carrier, customs office and customs clearance in the buyer's country, etc.
5. TRANSPORTATION AND DELIVERY OF ORDERED GOODS
5.1. The seller sends the ordered goods to the buyer via the shipping company DHL Parcel Slovensko spol. sro or Slovenská pošta, as
5.2. Estimated delivery time to selected countries (in working days from the date of shipment):
5.3. The delivery price is automatically calculated based on the delivery address specified by the buyer when placing the order and the weight of the ordered goods. The buyer is automatically informed of the delivery price when placing the ordered goods in the shopping cart at www.bymilash.com - the price is visibly displayed in the itemized summary of the shopping cart.
5.4. The delivered goods also include an invoice and a receipt for the buyer. The seller will send the invoice and receipt to the buyer as part of the shipment (in paper form) or send them to the buyer electronically to his email address used for the purposes of this business case.
5.5. After the buyer receives the ordered goods, the buyer's statutory warranty period for the purchased goods begins to run for 24 months.
5.6. If the buyer decides not to pick up the ordered and already sent shipment or does not withdraw from the purchase contract in the manner specified in point 6 of these GTC, the costs of returning the shipment to the seller shall be borne by the buyer.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE BUYER
6.1. According to the legislation in force in the Slovak Republic, the buyer has the right to withdraw from the purchase contract concluded for the sale of goods through an online store without giving a reason within 14 days from the receipt of the purchased goods by the buyer (consumer). This option is available to the buyer based on Act No. 102/2014 Coll. On consumer protection in the sale of goods or provision of services under a distance contract. This period is valid for all buyers in the European Union. For buyers outside the European Union, a 30-day period applies.
6.2. The 14-day withdrawal period begins on the day following receipt of the goods. If the last day of this period falls on a Saturday, Sunday or public holiday, the last day of the period is the next working day. The buyer may withdraw from the contract even before receipt of the goods. The buyer may withdraw from the contract even on the last day of the 14-day withdrawal period, provided that the withdrawal has been sent to the seller, it does not have to be delivered within this period.
6.3. If the buyer wants to exercise the right to withdraw from the contract according to point 6 of these GTC, it is necessary to notify the seller of this within the specified period, either in writing by sending a letter to the address of the company's registered office specified in point 1.1. of these GTC, or electronically by sending it to the seller's email address info@bymilash.com.
6.4. To withdraw from the purchase contract, the buyer may use the sample form, the text of which is given below:
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MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
(the buyer fills out and sends this form only if he wishes to withdraw from the contract)
To: Milash, sro
On the stove 2B
831 01 Bratislava
Slovak Republic
Phone: +421 903 742 333
Email: info@bymilash.com
I hereby give notice that I withdraw from the contract for these goods: ………………………………………………………………………………………………………… ………………………………
Order number/order date/received date …………………………………………………………………
Consumer's name and surname ………………………………………………………………………………………….
Address, email and telephone contact of the consumer: ………………………………………………………………… …………………………………………………………………………………………………………………………………………………………
Consumer signature …………………………………………………………………………………………………………..
(only if this form is submitted in paper form)
Date ………………………………….
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6.5. The buyer is obliged to send the goods back to the seller no later than 14 days from the date of withdrawal from the contract. The buyer pays the postage for sending the goods himself.
6.6. Returned goods must be undamaged, without signs of use or wear, in the original packaging, with Milash labels and the original proof of purchase, otherwise the seller may not accept the return of the goods or the refund of payment for such returned goods.
6.7. The buyer must present the original proof of purchase to exercise the right to withdraw from the contract.
6.8. The seller will inform the buyer immediately in writing or by email about the receipt of the withdrawal from the contract. In case of doubts about the sending or delivery of the declaration of withdrawal from the contract (for example, in the case of non-delivery of the letter), it is up to the buyer to prove its sending, therefore the seller recommends that the buyer keep for this purpose, e.g. a confirmation of sending by post. The seller also recommends that the buyer send the goods by registered mail and as an insured shipment.
6.9. After withdrawal from the contract, the seller will refund the buyer the money for the purchased goods, no later than 14 days from withdrawal from the contract. The money will be refunded in the same way that the buyer used to pay for the goods, i.e. e.g. refund in cash, to the buyer's bank account, or to the buyer's payment card. If the buyer wishes to refund the money in another way, this is possible by mutual agreement with the seller. The seller will also refund the buyer the postage costs associated with the initial sending of the goods to the buyer, up to the amount of the cheapest form of postage/delivery specified in the relevant category in point 5 of these GTC. The money will be refunded by the seller to the buyer only after the buyer proves that he has already sent the goods to the seller (e.g. a confirmation from the post office).
6.10. When returning goods, it is not possible to accept the return of goods via cash on delivery.
6.11. According to the law, only the consumer has the right to withdraw from the contract. According to Act No. 250/2007 Coll. On Consumer Protection, a consumer is a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity, employment or profession. This means that if the buyer has provided identification data about his business in the order (IČO, DIČ or IČ DPH), then such a buyer does not have the right to withdraw from the contract. However, the seller may allow him to do so at his discretion.
6.12. If, after ordering the goods, the buyer discovers, before receiving information from the seller about the shipment of the goods, that he wishes to withdraw from the contract, it is useful to inform the seller of this fact immediately so that the seller can stop the order dispatch process as soon as possible and not send the goods unnecessarily to the buyer, who will then have to send them back to the seller.
7. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE SELLER
7.1. In exceptional cases, the seller may not be able to deliver the ordered goods under the terms and conditions agreed in the purchase contract, or may not be able to deliver them at all for reasons beyond the seller's control. In such cases, the seller reserves the right to withdraw from the purchase contract.
7.2. The seller and the buyer also have the right to withdraw from the purchase contract if the seller discovers that the goods were mistakenly offered at an incorrect price, and the buyer has not accepted a change to the purchase contract (increase in the price of the goods) or an increase in the costs of transporting the goods.
7.3. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time.
7.4. If the seller withdraws from the purchase contract, he is obliged to immediately inform the buyer at the electronic address provided by the buyer when creating the order. He is also obliged to refund the full purchase price of the goods to the buyer, if it has already been paid.
7.5. The Seller is not obliged to conclude a purchase contract with the Buyer, which the Buyer acknowledges. The Buyer further acknowledges that the Seller is entitled to withdraw from the purchase contract concluded with the Buyer if in any of the previous business relationships relating to obligations towards the Seller he has breached his obligation in a material way.
8. EXCHANGE OF GOODS
8.1. If the buyer wishes to exchange the goods, then you proceed in the same way as when withdrawing from the contract (see point 6 of these GTC). This means that the buyer withdraws from the contract, returns the goods to the seller by sending them to the seller's address specified in point 1.1. of these GTC and the seller sells him new goods (e.g. a different type or size). Returning the goods is not resolved through a complaint, since the buyer does not exercise the right to liability for product defects, because it is not a product defect.
8.2. The exchanged goods must be undamaged, without signs of use or wear, in the original packaging, with labels and with the original proof of purchase.
8.3. When exchanging goods, it is not possible to accept the return of goods via cash on delivery.
9. PROTECTION OF PERSONAL DATA
9.1. The buyer agrees that his personal data, including: name and surname, address for invoicing and shipping of ordered goods, telephone contact and email address, will be processed by the seller for the purpose of processing the buyer's order.
9.2. The Seller undertakes that without the consent of the Buyer, he will never provide the Buyer's personal data to third parties, with the exception of the carrier who will deliver the ordered goods to the Buyer, and only to the extent necessary for the correct delivery of the shipment to the Buyer. The Buyer agrees to the provision of his personal data for this purpose.
9.3. The Seller will store the Buyer's personal data specified in point 9.1. of these GTC for an indefinite period of time in electronic and/or paper form, exclusively for the purposes of the Seller's internal statistics and business analyses and to facilitate the Buyer's future purchases from the Seller. The Buyer may at any time request the Seller for information in what form his personal data is stored and processed, and the Seller shall provide him with this information without delay by sending it to the Buyer's email address, as well as for their removal on the Seller's part, which the Seller shall do within 24 hours of such a request, of which it shall subsequently inform the Buyer.
9.4. The Buyer acknowledges and agrees that the online store www.bymilash.com uses "cookies" to better provide services to its customers. If the Buyer does not agree to the use of "cookies", he can prevent them by appropriately setting his Internet browser on the electronic device he uses to connect to the online store www.bymilash.com (computer, tablet or mobile phone of the Buyer or potential Buyer).
9.5. Handling of personal data of buyers is subject to the provisions of Act No. 122/2013 Coll., on the protection of personal data and on amendments and supplements to certain acts, as amended by later legal regulations.
10. FINAL PROVISIONS
10.1. The entire content of the online store www.bymilash.com is the property of the seller and is protected by copyright. Copying or other reproduction of this content by the buyer or other persons for purposes other than private, non-commercial purposes is not permitted without the consent of the seller.
10.2. These GTC shall enter into force on 1.10.2016. The Seller may amend and supplement the text of these GTC. The amended GTC shall enter into force on the date of their publication on www.bymilash.com, which also fulfils the obligation to provide written notification of the change. All rights and obligations of the Seller and the Buyer that arose under the previous GTC on the date of entry into force of the new version of the GTC shall not be affected by the change.
10.3. The languages of communication between the seller and the buyer are English and/or Slovak.
10.4. The supervisory authority is:
Slovak Trade Inspection
Inspectorate of the SOI for the Bratislava Region
Prievozska 32, PO Box 5
820 01 Bratislava
Slovak Republic
10.5. The Seller and the Buyer undertake to resolve any disputes that may arise during the performance of the Purchase Agreement by mutual agreement and conciliation, friendly communication or, if necessary, by using mediation and a mediator. In the event that the dispute cannot be resolved to the mutual satisfaction of both parties in this way, the parties may apply to court. The Seller and the Buyer have agreed that in such a case the dispute will be resolved in the locally competent court of the Seller.
10.6. These GTC constitute a contractual obligation between the seller and the buyer, which arises from the moment the buyer orders goods from the seller, whereby the buyer confirms that he has become familiar with and understood the wording of these GTC, freely expresses his agreement with their content, as a sign of which he places his order.