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Terms and conditions

This translation is provided for information only. The Slovak version of these terms is legally binding.

General terms and conditions

I. Basic provisions

  1. These general terms and conditions (hereinafter the “terms and conditions”) are in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), Slovak Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter the “Consumer Protection Act”), and Slovak Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or an Off-Premises Contract and on Amendments to Certain Acts (hereinafter the “Distance Selling Consumer Protection Act”)

    Drama dáma s. r. o.
    Company ID (IČO): 57 851 701
    registered office: Belinského 1066/8, 851 01 Bratislava – mestská časť Petržalka
    Obchodný register Mestského súdu Bratislava III, oddiel: Sro, vložka č. 203447/B
    email: info@somvandrak.sk
    telephone: +421 902 512 517

    (hereinafter the “seller”)

  2. These terms and conditions govern the mutual rights and obligations between the seller and a natural person who concludes a purchase contract (hereinafter the “buyer”) through the web interface located on the website available at the internet address somvandrak.sk (hereinafter the “online shop”).
  3. The provisions of the terms and conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
  4. These terms and conditions and the purchase contract are concluded in the Slovak language.

II. Information on goods and prices

  1. Information on the goods, including the prices of individual goods and their main characteristics, is provided for each item in the online shop catalogue. The seller is not registered for value added tax. Prices of goods are final and are stated inclusive of all related fees and costs of returning the goods, where such goods by their nature cannot be returned by post. Prices of goods remain valid for as long as they are displayed in the online shop.
  2. All presentations of goods placed in the online shop catalogue are for information purposes only and the seller is not obliged to conclude a purchase contract in respect of such goods.
  3. Information on the costs of packaging and delivery of goods is published in the online shop. The information on the costs of packaging and delivery of goods stated in the online shop applies only where the goods are delivered within the territory of the Slovak Republic.
  4. Any discounts on the purchase price of goods cannot be combined with one another unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

  1. Costs incurred by the buyer in using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the basic rate.
  2. The buyer places an order for goods by completing the order form without registration.
  3. When placing an order, the buyer selects the goods, the number of items, and the method of payment and delivery.
  4. Before sending the order, the buyer is able to check and change the data entered in the order. The buyer sends the order to the seller by clicking the send button. The data stated in the order are deemed correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer’s confirmation that they have read these terms and conditions.
  5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is automatic and is not deemed to constitute the conclusion of the contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the seller. Notice of acceptance of the order is delivered to the buyer’s email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is deemed to constitute the conclusion of the contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller’s confirmation of the order sent to the buyer’s email address.
  6. If the seller is unable to meet any of the requirements stated in the order, the seller sends the buyer an amended offer to the buyer’s email address. The amended offer is deemed to be a new proposal for a purchase contract, and in such case the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer sent to the seller at the seller’s email address stated in these terms and conditions.
  7. All orders accepted by the seller are binding. The buyer may cancel an order until the buyer has received notice of acceptance of the order by the seller. The buyer may cancel the order by telephone at the seller’s telephone number or by email at the seller’s address stated in these terms and conditions.
  8. Where an obvious technical error has occurred on the part of the seller in stating the price of goods in the online shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer at such manifestly incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order under these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to the buyer’s email address. The amended offer is deemed to be a new proposal for a purchase contract, and in such case the purchase contract is concluded by the buyer’s confirmation of acceptance sent to the seller’s email address.

V. Payment terms and delivery of goods

  1. The buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase contract in the following ways:
    • by bank transfer to the seller’s bank account No. SK02 0900 0000 0051 9521 7244, held with Slovenská sporiteľňa, in EUR,
    • by payment card online via the Stripe payment gateway.
  2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price is understood to include the costs associated with delivery of the goods.
  3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of conclusion of the purchase contract.
  4. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.
  5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.
  6. Under the act on the recording of sales, the seller is obliged to issue a receipt to the buyer. The seller is also obliged to register the received sale with the tax administrator online or, in the event of a technical outage, within 48 hours at the latest.
  7. The goods are delivered to the buyer:
    • to the address specified by the buyer in the order,
    • via a parcel pick-up point, to the address of the pick-up point selected by the buyer.
  8. The method of delivery is selected during the ordering of the goods.
  9. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the buyer’s order and in the seller’s order confirmation. Where the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with that method of transport.
  10. If, under the purchase contract, the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with the other method of delivery, as the case may be.
  11. When taking over the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier without delay. If the packaging is found to be damaged in a way indicating unauthorised entry into the consignment, the buyer need not accept the consignment from the carrier.
  12. The seller issues the buyer an invoice. The invoice is sent to the buyer’s email address.
  13. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but not before taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

VI. Withdrawal from the contract

  1. A buyer who has concluded a purchase contract as a consumer outside the scope of their business activity has the right to withdraw from the purchase contract.
  2. Where the purchase contract is concluded at a distance (via the online shop) or off the seller’s business premises, and provided that the seller has duly and in good time provided the buyer with information on the right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right of withdrawal from the purchase contract, including the withdrawal form (in accordance with Section 3(1)(h) of the Distance Selling Consumer Protection Act), and subject to the simultaneous fulfilment of the facts required by law, the buyer has the right under the Distance Selling Consumer Protection Act to withdraw from the purchase contract without giving any reason and without any penalty.
  3. The period for withdrawal from the contract is 14 days:
    • from the moment of receipt of the goods delivered last, where the subject of the purchase contract is ordered goods delivered separately,
    • from the moment of receipt of the last part or last item, where the subject of the purchase contract is several types of goods or delivery of several parts,
    • from the moment of receipt of the first goods delivered, where the subject of the purchase contract is goods delivered over a defined period.
  4. The buyer acknowledges that, in accordance with Section 7(6) of the Distance Selling Consumer Protection Act, the buyer may not, among other things, withdraw from a purchase contract for:
    • the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that they had been duly informed that by giving such consent they lose the right of withdrawal from the contract once the service has been fully provided, and if the service has been fully provided,
    • the sale of goods or provision of a service the price of which depends on fluctuations in the financial market which the seller cannot influence and which may occur during the withdrawal period,
    • the sale of goods made to the consumer’s specifications, goods made to measure or goods intended specifically for one consumer,
    • the sale of goods which are liable to deteriorate or expire rapidly,
    • the sale of goods sealed in protective packaging which are not suitable for return for health protection or hygiene reasons and whose protective packaging has been broken after delivery,
    • the sale of goods which, by their nature, may become inseparably mixed with other goods after delivery,
    • the sale of alcoholic beverages the price of which was agreed at the time of conclusion of the contract, where delivery can take place no earlier than after 30 days and whose price depends on market fluctuations which the seller cannot influence,
    • the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary to carry out the repair or maintenance, if concluded during the seller’s visit to the consumer and the consumer did not order those services or goods in advance,
    • the sale of sound recordings, video recordings, audiovisual recordings, books or computer software sold in protective packaging, if the consumer has unsealed the packaging,
    • the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in protective packaging,
    • the provision of accommodation services for purposes other than residential purposes, carriage of goods, car rental, catering services or services related to leisure activities, under which the seller undertakes to provide such services at an agreed time or within an agreed period,
    • the supply of electronic content other than on a tangible medium, if its supply began with the express consent of the consumer and the consumer declared that they had been duly informed that by giving such consent they lose the right of withdrawal from the contract.
  5. To meet the withdrawal period, the buyer must send any unequivocal statement expressing their intention to withdraw from the purchase contract within the period specified in paragraph 3 of Article VI of these terms and conditions.
  6. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller’s email or postal address stated in these terms and conditions. The seller will confirm receipt of the form to the buyer without delay.
  7. A buyer who has withdrawn from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract. The buyer bears the costs of returning the goods to the seller, including where the goods cannot be returned by post due to their nature.
  8. If the buyer withdraws from the purchase contract, the seller will refund to the buyer without delay, and no later than 14 days after withdrawal from the purchase contract, all payments received from the buyer, including delivery costs, using the same means of payment. The seller will refund the received payments to the buyer by other means only if the buyer agrees and provided that the buyer incurs no additional costs as a result.
  9. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer the delivery costs in the amount corresponding to the cheapest method of delivery offered.
  10. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the payments received to the buyer before the buyer hands over the goods or proves that the goods have been sent to the seller.
  11. The buyer must return the goods to the seller undamaged, unworn and unsoiled and, where possible, in the original packaging. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against the buyer’s claim for refund of the purchase price.
  12. The seller is entitled to withdraw from the purchase contract due to goods being sold out, unavailability of goods, or where the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The seller will inform the buyer without delay via the email address stated in the order and, within 14 days of notice of withdrawal from the purchase contract, will refund all payments, including delivery costs, received from the buyer under the contract, using the same means of payment or by means specified by the buyer.

VII. Rights arising from defective performance

  1. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took over the goods:
    • the goods have the characteristics agreed by the parties and, in the absence of such agreement, the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of advertising carried out by them,
    • the goods are fit for the purpose stated by the seller for their use or for which goods of the same kind are ordinarily used,
    • the goods correspond in quality or design to the agreed sample or model, where the quality or design was determined by reference to an agreed sample or model,
    • the goods are of the appropriate quantity, measure or weight, and
    • the goods comply with the requirements of legal regulations.
  2. The seller has obligations arising from defective performance at least to the extent that the manufacturer’s obligations arising from defective performance continue. Otherwise, the buyer is entitled to exercise the right in respect of a defect which occurs in consumer goods within twenty-four months of receipt.
  3. If the period during which the goods may be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee apply. By the quality guarantee, the seller undertakes that the goods will be fit for use for their usual purpose or will retain their usual characteristics for a certain period. If the buyer has rightfully notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.
  4. The provisions set out in the preceding paragraph of the terms and conditions do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods in respect of a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or where this follows from the nature of the goods. The buyer is not entitled to rights arising from defective performance if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect.
  5. In the event of a defect, the buyer may submit a complaint to the seller and request:
    • replacement with new goods,
    • repair of the goods,
    • a reasonable reduction of the purchase price,
    • withdrawal from the contract.
  6. The buyer has the right to withdraw from the contract:
    • if the goods have a material defect,
    • if the buyer cannot properly use the item due to the repeated occurrence of a defect or defects after repair,
    • in the case of a greater number of defects in the goods.
  7. A material breach of the purchase contract is one where the party in breach knew or ought to have known at the time of conclusion of the contract that the other party would not have concluded the contract had it foreseen such breach.
  8. In the case of a defect constituting a non-material breach of the contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable reduction of the purchase price.
  9. If a remediable defect recurs after repair (usually the third complaint for the same fault or the fourth for different faults) or the goods have a greater number of defects (as a rule, at least three defects at the same time), the buyer has the right to claim a reduction of the purchase price, replacement of the goods or to withdraw from the contract.
  10. When making a complaint, the buyer is obliged to inform the seller which right they have chosen. A change of choice without the seller’s consent is possible only if the buyer requested repair of a defect which proves to be irremediable. If the buyer does not choose their right arising from a material breach of contract in time, the buyer has the same rights as in the case of a non-material breach of contract.
  11. If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, request a refund of the purchase price in full.
  12. If the seller proves that the buyer knew of the defect in the goods before taking them over or caused it, the seller is not obliged to satisfy the buyer’s claim.
  13. The buyer may not make a complaint about discounted goods on the grounds for which the goods were discounted.
  14. The seller is obliged to accept a complaint at any establishment where acceptance of the complaint is possible, or at its registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what the complaint concerns and what method of handling the complaint the buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint.
  15. The seller or an employee authorised by the seller will decide on the complaint immediately or, in complex cases, within three working days. This period does not include the time reasonably required, depending on the type of product or service, for an expert assessment of the defect. The complaint, including remedying of the defect, must be handled without delay and no later than 30 days from the date on which the complaint was made, unless the seller and the buyer agree on a longer period. Expiry of this period without result is deemed a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment the complaint is made is deemed to be the moment when the buyer’s expression of will (exercise of the right arising from defective performance) reaches the seller.
  16. The seller informs the buyer of the outcome of the complaint in writing.
  17. The buyer is not entitled to rights arising from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect.
  18. In the case of a justified complaint, the buyer has the right to reimbursement of costs reasonably incurred in connection with making the complaint. The buyer may exercise this right against the seller within one month of the expiry of the warranty period; otherwise, the court need not grant it.
  19. The choice of the method of complaint lies with the buyer.
  20. Further rights and obligations of the parties relating to the seller’s liability for defects are governed by the seller’s complaints procedure.

VIII. Delivery of correspondence

  1. The contracting parties may deliver all written correspondence to each other by electronic mail.
  2. The buyer delivers correspondence to the seller to the email address stated in these terms and conditions. The seller delivers correspondence to the buyer to the email address stated in the buyer’s customer account or in the order.

IX. Personal data

  1. All information you provide in the course of our cooperation is confidential and we will treat it as such. Unless you give us your written consent, we will not use your data in any way other than for the purpose of performing the contract, except for your email address, to which commercial communications may be sent, as this practice is permitted by law unless you object to it. These communications may relate only to similar or related goods and you may unsubscribe from them at any time in a simple manner (by sending a letter or an email, or by clicking the link in the commercial communication).
  2. More detailed information on the protection of personal data can be found in the privacy policy.

X. Out-of-court dispute resolution

  1. The Slovak Trade Inspection (Slovenská obchodná inšpekcia), with its registered office at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, internet address: https://www.soi.sk/sk, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.
  2. The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, internet address: http://www.evropskyspotrebitel.sk, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
  3. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out by the competent trade licensing office within the scope of its powers. The Slovak Trade Inspection supervises, within a defined scope and among other things, compliance with the Consumer Protection Act and the Distance Selling Consumer Protection Act.

XI. Final provisions

  1. All agreements between the seller and the buyer are governed by the laws of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
  2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 3(1)(n) of the Distance Selling Consumer Protection Act.
  3. All rights to the seller’s website, in particular copyright to the content, including the page layout, photographs, films, graphics, trade marks, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part of it without the seller’s consent.
  4. The seller is not liable for errors resulting from interference by third parties with the online shop or from its use contrary to its intended purpose. When using the online shop, the buyer must not use procedures that could have a negative effect on its operation and must not carry out any activity that could enable the buyer or third parties to interfere without authorisation with, or make unauthorised use of, the software or other components forming the online shop, or to use the online shop or its parts or software in a manner contrary to its intended use or purpose.
  5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  6. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
  7. The model withdrawal form is annexed to the terms and conditions.

These terms and conditions take effect on 30. 3. 2020.

Annex No. 1 — Model withdrawal form

SELLER:
Drama dáma s. r. o.
Company ID (IČO): 57 851 701
registered office: Belinského 1066/8, 851 01 Bratislava – mestská časť Petržalka
registered in: Obchodný register Mestského súdu Bratislava III, oddiel: Sro, vložka č. 203447/B
contact details: Sabina Dúbravová
email: info@somvandrak.sk
telephone: +421 902 512 517

BUYER:
Name and surname of consumer(s)* …………..
Address of consumer(s)* …………..
Consumer’s email address …………..

I/We* hereby give notice that I/we* withdraw from the purchase contract for the supply of the following goods / from the contract for the provision of the following service*: …………..

Date of order of goods / date of receipt* …………..

By withdrawing from the purchase contract / contract*, the consumer returns the purchased goods to the seller, and the costs associated with returning the goods are borne by the consumer.

Signature of consumer(s)* …………..
Place ………….. Date …………..

* Delete as appropriate.

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