Terms and Conditions

I. Introductory Provisions and Definitions

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the legal relationships between BOMAD, s.r.o., with its registered office at Lukáčovce 230, Postal Code: 951 23, Company ID: 53 333 888, registered in the Commercial Register of the District Court Nitra, Section: Sro, File No.: 52538/N (hereinafter referred to as “Seller”) and any person who is a buyer of a product offered by the Seller in the Seller’s Online Store.
Contact details for the seller are: email: matka.borbelyova@gmail.com, phone number: 0905 688 824.
The Seller is also the operator of the electronic system through which it operates an online store on the domain www.goldenchristmas.sk (hereinafter referred to as “Online Store”).
The Buyer is any person (natural person or legal entity) who has completed and submitted an order through the Seller’s Online Store and who has received an email notification of order acceptance.
A Consumer is a natural person who, when concluding a contract under these GTC, is not acting within the scope of their business activities.
Products are goods that are intended for sale and are also published in the Seller’s Online Store (hereinafter referred to as “products”).
Contract means a purchase contract.
The relevant authority supervising the legality in the area of consumer protection is:

Inspectorate of the Slovak Trade Inspection based in Nitra for the Nitra Region

Staničná 9, P.O. BOX 49A
950 50 Nitra 1
tel. no. 037/772 02 16
fax no. 037/772 00 24

Form for submitting complaints: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

In case of any complaints or suggestions, the Buyer can also address them directly to the Seller, and we recommend that Buyers use the Seller’s email address for sending complaints and suggestions to the seller: matka.borbelyova@gmail.com. Any complaint will be assessed and handled within 10 working days in accordance with the legal system of the Slovak Republic. We will inform the consumer about its handling in the same form as the consumer delivered the complaint or suggestion to the Seller.

II. Product Order – Conclusion of Purchase Contract

The proposal to conclude a purchase contract from the buyer’s side is an order of products made through the electronic order form in the Seller’s Online Store.
The acceptance of the product order by the Seller, and thus the conclusion of the purchase contract, occurs based on the electronic confirmation of order receipt from the seller.
The purchase contract is concluded for a fixed period and expires upon fulfillment of the obligations of the Seller and the Buyer.
The purchase contract may also terminate by agreement of the parties, by withdrawal, or by termination.

III. Purchase Price and Payment Terms

The purchase price of products ordered through the Online Store (hereinafter referred to as “purchase price” or “price”) is listed separately for each product and is valid at the moment the Buyer creates the order. The stated price is final (the seller is not a VAT payer) – except for the price of product delivery, which will be charged separately according to Article VII.
The basic currency is the euro.
In addition to the purchase price according to this article, the costs for product delivery will be charged according to Article VII of these General Terms and Conditions.

IV. Payment Methods

You can pay for products in the Seller’s Online Store using these methods:

cash on delivery,
payment by credit card through a payment gateway,
payment based on an invoice issued by the Seller.

Cash on delivery payment is charged a fee of: 2,- EUR including VAT.

V. Product Delivery

The goods are dispatched by the seller within seven working days from the conclusion of the purchase contract.
The seller is obliged to deliver the products to the buyer in the ordered quantity and quality along with the tax documents related to the order.
The place of delivery of the ordered product is the address specified by the buyer. If the buyer does not specify a special address for product delivery, this address is the buyer’s residential address.
The seller will deliver the product using their own means to the buyer (or a person authorized in writing by the buyer to receive the product), or through third parties (transport and shipping companies).
Product delivery is completed by handing it over to the Buyer (or a person authorized in writing by the buyer to receive the product).
The seller may send a product that is immediately available to the buyer and deliver the remaining part of the order additionally within the legal deadline, but provided that the buyer will not be charged any additional postage, other than what was included in the order.

VI. Product Acceptance

The risk of product damage and liability for damage to the product passes to the buyer upon its acceptance, regardless of whether the buyer accepts the product personally or through an authorized/empowered person.
Ownership rights pass from the seller to the buyer at the moment of product acceptance.
The buyer has the right not to accept the delivered product from the carrier if the delivered product is of a different type or in cases of:

delivery of an item that is in conflict with the concluded contract (different or damaged item),
delivery of an item in damaged packaging or,
delivery of an item without relevant documents.

If the item is delivered to the buyer according to letter a) of point 3 of this article, the buyer has the right to have the seller deliver the product free of charge and without undue delay in accordance with the agreed terms in the contract, either by exchanging the item or repairing it. If such a procedure is not possible, the buyer has the right to request a discount on the purchase price or withdraw from the contract.
The buyer is obliged to pay the purchase price for the product to the Seller properly and on time.

VII. Shipping – Product Delivery Methods and Price for Their Delivery

The seller’s shipping costs are not included in the product price. These will be calculated and will be listed when filling out the order form on the Seller’s Internet page, and the buyer agrees to pay them along with the purchase price.
The seller will arrange the transport and delivery of the ordered products via the GLS courier service. The price for delivery of products via the GLS courier service within Slovakia is as follows: EUR 6 including VAT. The price for delivery of products via the GLS courier service within the Czech Republic is as follows: CZK 156.00 including VAT.

VIII. Buyer’s Withdrawal from the Contract Without Stating a Reason

The consumer is entitled to withdraw from the contract without stating a reason within 14 calendar days from the day of receiving the product.
If the consumer wants to use this right, they must notify the Seller about the withdrawal from the contract no later than on the last day of the specified period, or send this withdrawal for postal delivery no later than on the last day of the period to the seller’s address, which is: BOMAD, s.r.o., Lukáčovce 230, Postal Code: 951 23. The consumer is obliged to send the product back or hand it over to the seller or a person authorized by the seller to receive the product within 14 days from the day of withdrawal from the contract.
Withdrawal from the contract can be applied to the seller in written form or in the form of a record on another durable medium (e.g., email). The application of withdrawal from the contract can also be made through the Withdrawal from Contract Form, which is available in the seller’s online store. The consumer is also entitled to withdraw from the contract verbally, especially through a clearly formulated statement by the consumer expressing their will to withdraw from the contract. We recommend that the consumer include in the withdrawal from the contract the order number, date of purchase, type of product they are withdrawing from, name and surname, address, and possibly also the account number to which all payments provided to the seller from the withdrawing contract will be returned, if they decide to request the payment for the product to be sent to the specified account number. Otherwise, the seller will return the payment for the product to the consumer in the same way as the consumer used for their payment. Withdrawal from the distance purchase agreement
By withdrawing from the contract, the contracting parties are obliged to return the mutually provided performances. The consumer is only responsible for the reduction in the value of the product that occurred as a result of handling the product in a way that goes beyond the handling necessary to determine the characteristics and functionality of the product. The consumer is not responsible for the reduction in the value of the product if they were not informed by the seller about the possibility to withdraw from the contract, the conditions, period, and procedure for exercising the right to withdraw. If the value of the product has been reduced as a result of handling the product that goes beyond the handling necessary to determine the characteristics and functionality of the product (e.g., the product will be damaged), the Consumer is liable to the seller for the damage thus incurred. Handling the product beyond determining its characteristics and functionality will be considered especially the use of the product to a greater extent than is necessary to determine the nature, characteristics, and functionality of the product. The reduction in the value of the product will also be considered primarily as justified expenses for restoring the product to its previous state.
You can use the withdrawal from contract form. The mentioned form is freely accessible for viewing and downloading in the seller’s online store.
If the consumer withdraws from the contract in accordance with Act No. 102/2014 Coll., they bear the costs of returning the product to the seller according to § 10 par. 3 of Act No. 102/2014 Coll., and if they withdraw from a distance contract, also the costs of returning the product that, due to its nature, cannot be returned by post. This does not apply if the seller has agreed to bear them himself.
The seller will return to the consumer the paid performance for the product, as well as all payments received from the consumer based on the purchase contract or in connection with it, including shipping costs, delivery, and postage, as well as other costs and fees, within 14 days from the day of receiving the withdrawal from the contract. This does not apply to the costs of returning the goods, which the consumer bears themselves under the conditions stated in point 6 of this article.
The seller is not obliged to reimburse the consumer for additional costs if the consumer expressly chose a different method of delivery than the cheapest standard method of delivery offered by the seller. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard method of delivery offered by the seller.
Shipments sent in case of withdrawal from the contract as cash on delivery will not be accepted by us. We recommend that buyers send shipments by registered mail.

IX. Alternative Dispute Resolution

In case the buyer, who is a consumer, is not satisfied with the way the seller handled their complaint or believes that the seller has violated their rights, they have the right to contact the seller with a request for remedy. If the seller responds to the buyer’s request according to the previous sentence negatively or does not respond to such a request within 30 days from its sending by the buyer, the buyer has the right to submit a proposal to initiate alternative dispute resolution according to the provision of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws. The competent entity for alternative resolution of consumer disputes with the seller is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/; the buyer has the right to choose which of the mentioned alternative dispute resolution entities they will turn to). The buyer can use the platform for online dispute resolution, which is available on the website http://ec.europa.eu/consumers/odr/, to submit a proposal for alternative resolution of their consumer dispute. All other information regarding the alternative resolution of disputes between the Seller and the Buyer – consumer arising from the contract as a consumer contract or related to the contract as a consumer contract are provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.

X. Failure to Accept Ordered Goods

The buyer is obliged to accept the ordered goods at the place of destination.
If the buyer does not accept the ordered goods without withdrawing from the purchase contract in accordance with Article IX of these terms and conditions, it is considered a breach of the purchase contract for reasons on the buyer’s side, as a result of which the merchant is entitled to withdraw from the purchase contract and claim compensation from the buyer according to § 420 of the Civil Code.
When determining the amount of damage, the merchant primarily considers the costs associated with delivering
the goods to the place of destination.
The merchant has the right not to claim compensation for damages or to claim it only partially.
If, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with a different method of delivery, while the merchant may require payment of the purchase price in advance.

XI. Final Provisions

The seller reserves the right to change the General Terms and Conditions. The obligation to notify in writing about changes to the General Terms and Conditions is fulfilled by placing them in the Seller’s Online Store. In case of changes to the General Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Terms and Conditions valid and effective at the time of concluding the contract, until the moment of its termination.
The contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a contract under these GTC, are not acting within the scope of their business activities, are governed by the general provisions of Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, especially Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a distance contract or a contract concluded outside the business premises of the seller and Act No. 250/2007 Coll. on consumer protection.
The contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with legal entities or natural persons – entrepreneurs are governed by the provisions of Act No. 513/1991 Coll. Commercial Code as amended.
An integral part of these General Terms and Conditions is the Complaint Procedure, which is published in the Seller’s Online Store.
These General Terms and Conditions become valid and effective upon their publication in the Seller’s Online Store on 21.10.2020.