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General terms and conditions and GDPR

  1. The company madebythe: s.r.o. , with registered office at Staré Grunty 6347/18, 841 04 Bratislava, Slovak Republic, IČO 51 178 401, registered in the OR of the Metské súd Bratislava III, file no.: 123653/B (hereinafter referred to as " Seller ") issues the following general terms and conditions (hereinafter referred to as " GTC "):

Article I
 Basic terms

In addition to the terms used in the introduction of these GTC and in other provisions of these GTC, the following terms (so-called legislative abbreviations) will have the following meanings:

  1. " Purchase price ": is the price published on the Website for the Goods at the time the Order is sent and stated in the Order itself, for which the Buyer purchases the Goods.
  2. " Purchase contract ": is a contract concluded between the Seller and the Buyer through the Website, on the basis of which the Seller undertakes to deliver the Goods to the Buyer and the Buyer undertakes to pay the Purchase Price to the Seller.
  3. " Buyer ": is a natural person - a consumer who buys Goods through the Website and concludes a Purchase Agreement with the Seller and who, when concluding and fulfilling the Purchase Agreement, does not act within the scope of his business activity or other business activity.
  4. " Civil Code ": is Act no. 40/1991 Coll. Civil Code as amended.
  5. " Order ": is the form available on the Website, through which the Buyer orders (purchases) the selected Goods.
  6. " Goods ": is the subject of purchase specified in the Order, which the Buyer purchases through the Website and on the basis of the Purchase Agreement.
  7. " Website ": is the madebythe.sk website.
  8. " Act ": is Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, as amended.
  9. " Act on alternative dispute resolution ": is Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, as amended.
  10. " Consumer Protection Act ": is Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws, as amended.
Article II
Introductory provisions
  1. These General Terms and Conditions govern all contractual relationships and all rights and obligations arising from or related to the conclusion of the Purchase Agreement between the Seller and the Buyer (hereinafter referred to individually as the " Contracting Party " and collectively as the " Contracting Parties ").
  2. By concluding the Purchase Agreement, the Seller undertakes to deliver the Goods to the Buyer and transfer ownership of the Goods to the Buyer, and the Buyer undertakes to take over the Goods and pay the agreed Purchase Price for them.
  3. These General Terms and Conditions are an integral part of the Purchase Agreement. An integral part of the General Terms and Conditions is the Form for withdrawing from the contract, which forms Annex no. 1 of these GTC (hereinafter referred to as the " Withdrawal Form ").

Article III
 Order and conclusion of the Purchase Agreement
  1. The Buyer orders the Goods through the Order as an unregistered or registered user (hereinafter referred to as the " Registered Buyer ") through his user account (hereinafter referred to as the " Account "), the Order is a proposal for the conclusion of the Purchase Agreement and is effective from the moment of its delivery to the Seller.
  2. The buyer is obliged to properly fill in all data marked as mandatory in the Order. In the event that the Order is not completed properly, the Seller is entitled to reject this Order.
  3. The Seller informs the Buyer about the acceptance of the Order by means of an e-mail sent to the Buyer to the e-mail address specified in the Order (hereinafter referred to as " Buyer's E-mail "). The Buyer acknowledges that the delivery of the automatic order acceptance notification to the Seller's electronic system (hereinafter referred to as the " Notification ") does not result in the conclusion of the Purchase Agreement.
  4. The Seller will complete the Order in accordance with the last sentence of this point within 3 working days from the date of its receipt, while informing the Buyer about the completion of the Order by means of an e-mail sent to the Buyer's E-mail address. The Seller fulfills the Order either by asking for its completion, by rejecting it or by confirming it.
  5. The moment the Seller's e-mail confirming the Order according to point 4 of this article of the GTC is delivered to the Buyer, the Purchase Agreement is concluded between the Seller and the Buyer.
  6. The Buyer is entitled to cancel his Order before its confirmation by the Seller, within 48 hours of delivery of the Notice to the Buyer. Cancellation of the Order is notified by the Buyer to the Seller via e-mail sent to the Seller's e-mail address: [. The Buyer is obliged to provide the following information in the order cancellation notice: first and last name of the Buyer, description of the ordered Goods and Order number. If the Buyer has paid the Seller the Purchase Price or its part in the time before the cancellation of the Order, the Seller will return the already paid Purchase Price or its part within 7 ( seven ) days from the date of delivery of the order cancellation notification to the Seller, by transfer to the Buyer's bank account.

Article IV
 Terms of payment
  1. The Buyer is obliged to pay the Seller the Purchase Price for the Goods. The purchase price is stated including the VAT rate according to the applicable legislation at the time of delivery of the taxable service.
  2. The Buyer can pay the Purchase Price exclusively by non-cash payment method:

i. via GoPay
ii. by transfer to the account
iii. via card payment

  1. The Buyer chooses the method of payment of the Purchase Price according to the previous point in the Order.
  2. The purchase price is considered paid only when it is credited to the Seller's account.
  3. The Seller sends the Buyer an invoice as a tax document and a delivery note electronically, to which the Buyer expressly agrees, and/or in paper form together with the Goods.
  4. In the event that the Seller discovers that the Purchase Price of the Goods was not listed correctly on the Website, the Seller is obliged to inform the Buyer of this fact by means of an e-mail sent to the Buyer's E-mail, and at the same time the Seller is entitled to withdraw from the Purchase Agreement, while the withdrawal is effective from on the day of its delivery to the Buyer. In the event that the Goods have been delivered to the Buyer, the procedure is in accordance with Article VI points 4 to 6 of these General Terms and Conditions.
  5. The Seller is entitled to provide the Buyer with a discount from the Purchase Price, to which the Buyer is not legally entitled.

Article V
 Terms of Delivery
  1. The Seller undertakes to deliver the Goods to the Buyer no later than 30 (thirty) days from the date of confirmation of the Order.
  2. Delivery of the Goods to the Buyer takes place through:

a. courier company (hereinafter referred to as " Courier " or " Courier Company ") to the Buyer's address specified in the Order.

b. collection points of Packeta Slovakia s.r.o., with registered office at Kopčianska 3338/82A, 851 01 Bratislava, ID 48 136 999.

  1. The method of delivery of the Goods and the price for delivery (hereinafter referred to as " Postage ") will be confirmed by the Buyer in the Order.
  2. The delivery conditions are governed by the current delivery conditions of the respective Courier Company published on the Website.
  3. The Buyer is obliged to take over the Goods personally or to ensure that another person takes over the Goods for him, at the agreed place and time. If the Buyer does not take over the delivered Goods in accordance with the previous sentence, the Seller will inform him by e-mail sent to the Buyer's e-mail where he can take over the Goods, including the deadline for taking them over, or based on his written request sent to him no later than 14 days from when should the Buyer take over the Goods, it will be re-delivered by Courier, while the Buyer undertakes to reimburse the Seller for all costs associated with the re-delivery of the Goods, especially postage.
  4. The goods are considered to be received at the moment of their handover to the Buyer. The risk of damage to the Goods passes from the Seller to the Buyer at the moment of acceptance of the Goods. Ownership of the Goods passes to the Buyer upon receipt of the Goods and full payment of the Purchase Price and Postage.
  5. If, after the confirmation of the Order, the Seller discovers that he is unable to deliver the Goods to the Buyer within the time limit according to point 1 of this article of the General Terms and Conditions, he is obliged to inform the Buyer about this in writing without undue delay ( e-mail is sufficient ), notify him of a new deadline for the delivery of the Goods and ask him to grant a written consent to the extension of the term of delivery of the Goods. If the Buyer does not agree to the extension of the deadline for the delivery of the Goods, he is entitled to withdraw from the Purchase Agreement. In the event that the Buyer does not express his opinion on the extension of the deadline for the delivery of the Goods within 3 days from the date of delivery of the Seller's information according to the first sentence of this point of the General Terms and Conditions, it is considered that he does not agree to the extension of the deadline. The provisions of Article VI of these GTC shall be applied accordingly.

Article VI

Withdrawal from the contract and return of Goods and payments

 

  1. In accordance with the provisions of § 7 par. 1 of the Consumer Protection Act, the Buyer is entitled to withdraw from the Purchase Agreement, without giving a reason, within 14 ( fourteen ) days from the date of receipt of the Goods. The Buyer may withdraw from the Purchase Agreement, the subject of which is the delivery of the Goods, even before the expiry of the withdrawal period from the Purchase Agreement mentioned in the first sentence of this point of this article.
  2. The Buyer may exercise his right to withdraw according to point 1 of this article by means of the Withdrawal Form, which was sent to the Buyer together with the Goods, by another written notice of withdrawal, or in the form of another entry on another durable medium, which the Buyer sends to the address of the Seller's registered office or to e-mail address: ahoj@madebythe.sk or delivered personally to the address of the Seller's headquarters.
  3. The deadline for withdrawing from the Purchase Agreement according to point 1 of this article is preserved if the notice of withdrawal from the Purchase Agreement was sent to the Seller no later than the last day of the deadline specified in point 1 of this article of the Purchase Agreement. Withdrawal is effective on the date of delivery of the Buyer's written notice of withdrawal from the Purchase Agreement to the Seller.
  4. The Buyer is obliged to send the Goods together with a copy of the invoice and proof of payment back to the address of the Seller: madebythe: s.r.o., with registered office Staré Grunty 6347/18, 841 04 Bratislava, Slovakia while he can use the form that is Annex no. 1 of these GTC.
  5. The Seller is obliged without undue delay, no later than 14 ( fourteen ) days from the effective date of the Buyer's withdrawal from the Purchase Agreement, to return to the Buyer all payments received from him in connection with the Purchase Agreement, in particular the Purchase Price and Postage, while the above does not apply to additional costs if the Buyer has chosen a different type of delivery than the cheapest common delivery method or the method offered by the Seller. The contracting parties have agreed that the payments according to the previous sentence will be returned by the Seller to the Buyer in money.
  6. The Seller is not obliged to return the payments to the Buyer according to point 5 of this article before the Goods are returned to him.
  7. The costs of returning the ordered Goods are borne by the Buyer.
  8. The Buyer is responsible for the decrease in the value of the Goods, which occurred as a result of such handling of the Goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the Goods.
  9. The buyer is not entitled to withdraw from the Purchase Agreement in the cases specified in § 7 par. 6 of the Consumer Protection Act, especially when it comes to:

    a. the provision of the service, if its provision began with the express consent of the Buyer and the Buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service took place,

    b. the sale of Goods or the provision of a service, the price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the withdrawal period,

    c. sale of Goods made according to the special requirements of the Buyer, Goods made to measure or Goods intended specifically for one Buyer,

    d. sale of Goods that are subject to rapid deterioration or deterioration.

    e. sale of Goods enclosed in a protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,

    f. sale of Goods which, due to their nature, may be inseparably mixed with other Goods after delivery,

    Mr. the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later and their price depends on the movement of prices on the market, which the Seller cannot influence,

    h. performing urgent repairs or maintenance that the Buyer has expressly requested from the Seller; this does not apply to service contracts and contracts the subject of which is the sale of Goods other than spare parts necessary for repair or maintenance, if they were concluded during the Seller's visit to the Buyer and the Buyer did not order these services or Goods in advance,

    i. sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the Buyer has unpacked this packaging,

    j. the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,

    k. provision of accommodation services for a purpose other than for the purpose of housing, transportation of Goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,

    l. provision of electronic content other than on a physical medium, if its provision began with the express consent of the Buyer and the Buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

  10. The Seller is entitled to withdraw from the Purchase Agreement due to the sold-out of stocks, unavailability of the Goods, or if the manufacturer, importer or supplier of the Goods ordered by the Buyer has discontinued production or made such serious changes that made it impossible to fulfill the Seller's obligations arising from the Purchase Agreement or due to force majeure, or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the Goods to the Buyer within the period specified by these GTC. The Seller is obliged to inform the Buyer about this fact without undue delay in writing ( an e-mail will suffice ) and to proceed according to point 5 of this article of the General Terms and Conditions.

Article VII
 Product complaint

 

  1. Introductory provisions
    1.1. The seller undertakes to deliver the goods in the required quality, quantity and without defects. The Buyer has the right to claim a warranty from the Seller only for Goods that show defects caused by the manufacturer, supplier or Seller, are covered by the warranty and were purchased from the Seller.

    1.2. The Seller is responsible for defects that the Goods have upon acceptance by the Buyer. In the case of used Goods, the Seller is not responsible for defects caused by their use or wear. In the case of Goods sold at a lower price, the Seller is not responsible for defects for which a lower price was negotiated.

    1.3. The general warranty period is 24 ( twenty-four ) months, provided that no other warranty period is established for specific cases. The warranty period starts from the moment the Goods are received by the Buyer.

    1.4. The warranty period is extended by the period during which the Buyer could not use the Product due to its repair.

    1.5. If the Goods are exchanged, the warranty period starts again from the receipt of the new Goods, but only for the exchanged Goods, or part of it.

    1.6. Rights from liability for defects in the Goods, for which the warranty period applies, will expire if the Buyer does not exercise them within the warranty period. However, rights from liability for defects in Goods that deteriorate quickly must be exercised no later than the day following the purchase, otherwise the rights will expire.

 

  1. Conditions for applying responsibility for defects (complaints)

2.1. The buyer is obliged to thoroughly inspect and check the goods upon receipt. In case of detection of obvious defects (e.g. mechanical damage), the Buyer is obliged to file a claim with the Seller without undue delay in accordance with point 3.1. below. Claims made later due to obvious defects in the Goods, including defects consisting in the incompleteness of the Goods, will not be taken into account.

2.2. The right from liability for other defects (hidden defects) , the Buyer is obliged to exercise according to point 3.1. below without undue delay after discovering a defect in the Goods, but at the latest before the expiry of the warranty period.

2.3. The warranty can only be applied to manufacturing defects of the Goods, provided that the Buyer has fulfilled the obligations specified in this article. The warranty cannot be applied in particular to defects caused by wear and tear, mechanical damage, use of the Goods in inappropriate conditions, etc.

2.4. The Buyer is not entitled to claim the warranty on the Goods if he knew about the defect before taking over the Goods, or was notified of it or was given an appropriate discount from the Purchase Price of the Goods for that reason.

  1. Exercising the right from liability for damage (complaints)

3.1. The Buyer can make a claim with the Seller via e-mail sent to: ahoj@zurnal.sk, in writing or in person at the address of the Seller's registered office. If the Goods show defects, the Buyer has the right to file a claim at the Seller's establishment in accordance with para. § 18 par. 2 of the Act by delivering the Goods to the address:
Kalixt Slovensko sro
Podunajská 10725/25
Eurobuilding complex
821 06 Bratislava
tel. contact (for delivery of the parcel to the address by courier, not handling the claim) +421 948 799 408
and fills out the complaint application form, delivering it together with the claimed Goods or electronically delivering the complaint application form.

3.2. In the submission by which the Buyer makes a claim, he shall state a description of the defect in the Goods and an address, including an e-mail, to which the Seller will inform him about the method of processing the claim, and shall also state which of the claims for liability for defects, specified in point 4.4. until 4.8., applies.

3.3. The Buyer is obliged to present the Goods and the original proof of purchase of the Goods (invoice) when making a claim for the Goods, in order to prove its purchase from the Seller, otherwise the claim will not be accepted.

3.4. The date of initiation of the complaint procedure is considered to be the day of delivery of the defective Goods together with the relevant documents (according to point 3.3.) to the Seller.

3.5. In the event that the submission by which the Buyer makes a claim is incomplete (especially illegible, unclear, incomprehensible, does not contain the required documents, etc.), the Seller will invite him to supplement the claim by e-mail sent to the Buyer's E-mail. In this case, the complaint procedure begins on the day of delivery of the completed submission by the Buyer

3.6. If the Buyer does not supplement the submitted complaint in accordance with point 3.5. of this article without undue delay, at the latest within 10 ( ten ) days from the date of delivery of the call according to point of this article, it will be considered unfounded.

3.7. The Seller shall immediately notify the Buyer of the receipt of the complaint by sending a Confirmation of Receipt of the Complaint by e-mail to the Buyer's E-mail address, but at the latest together with a document on the completion of the complaint. In the Confirmation of Receipt of Complaint, the Seller is obliged to accurately indicate the defects of the Goods in accordance with Sec. § 18 par. 4 of the Act and instruct the Buyer about his rights, which arise from sec. § 622 and § 623 of the Civil Code.

 

  1. Complaint processing

4.1. Based on the Buyer's decision, which he applies from the rights according to § 622 and § 623 of the Civil Code (specified in points 4.4. to 4.8.) , the Seller is obliged to determine the method of processing the claim immediately, in complex cases no later than 3 ( three ) working days from application of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the Goods is required, no later than 30 ( thirty ) days from the date of application of the complaint.

4.2. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 ( thirty ) days from the date of application of the claim. After the expiration of the deadline for processing the complaint, the Buyer has the right to withdraw from the contract or has the right to exchange the Goods for new goods, if possible.

4.3. The Seller is obliged to issue a written document to the Buyer about the processing of the claim, no later than 30 ( thirty ) days from the date of application of the claim, and informs the Buyer about its processing via an e-mail sent to the Buyer's E-mail address. In the event that the claim is accepted, the Buyer will be sent repaired Goods or the Goods will be exchanged for new goods or the Purchase Price paid will be returned to him, unless the parties agree otherwise.

4.4. If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.

4.5. Instead of removing the defect, the Buyer may demand the replacement of the Goods, or if the defect concerns only a part of the Goods, the replacement of the part, if this does not result in disproportionate costs for the Seller considering the price of the Goods or the severity of the defect.

4.6. If the Buyer made a complaint about the Goods within the first 12 ( twelve ) months from the conclusion of the Purchase Agreement, the Seller may handle the complaint by rejecting it only on the basis of an expert opinion or an opinion issued by an authorized, notified or accredited person or the opinion of a designated person (hereinafter referred to as " Expert Evaluation of the Goods "). Regardless of the result of the Expert Evaluation of the Goods, the Seller cannot require the Buyer to pay the costs of the Expert Evaluation of the Goods or other costs related to the Expert Evaluation of the Goods.

4.7. If the Buyer made a complaint about the Goods after 12 ( twelve ) months from the conclusion of the Purchase Agreement and the Seller rejected it, the person who dealt with the complaint is obliged to indicate in the complaint handling document to whom the Buyer can send the Goods for expert assessment. If the Buyer sends the goods for expert assessment to the specified person specified in the claim document, the costs of the Expert Assessment of the Goods, as well as all other related costs, are borne by the Seller, regardless of the result of the Expert Assessment. If the Buyer proves the Seller's responsibility for the claimed defect in the Goods through an expert assessment of the Goods, he may apply the claim again; the warranty period does not expire during the performance of the Expert Assessment of the Goods. The Seller is obliged to reimburse the Buyer within 14 ( fourteen ) days from the date of the renewed claim all costs incurred for the professional assessment of the Goods, as well as all related costs incurred for the purpose. A renewed claim cannot be rejected.

4.8. Instead of removing the defect in the Goods, the Seller can always replace the defective Goods with a faultless one, if this does not cause serious difficulties for the Buyer.

4.9. If it is a defect in the Goods that cannot be removed and which prevents the Goods from being properly used as Goods without defects, the Buyer has the right to exchange the Goods or withdraw from the Purchase Agreement. The same rights belong to the Buyer if the defects can be removed, but if the Buyer cannot properly use the Goods due to the reappearance of the defect after repair or due to a larger number of defects.

4.10. For the purposes of the complaint, for:

a. a removable defect repeated several times is considered the occurrence of one removable defect more than 2 times ( twice ),

b. a larger number of different removable defects considers the occurrence of more than 3 ( three ) different removable defects at the same time,

c. the period which is considered to be the period during which the Buyer cannot properly use the Goods, the period during which, after the conclusion of the Purchase Agreement, the Buyer cannot use the Goods due to defects in the Goods for a total of more than 180 ( one hundred and eighty ) days.

4.11. If there are other irreparable defects, the Buyer has the right to a reasonable discount from the price of the Goods.

4.12. The seller is obliged to handle the complaint in one of the following ways:

a. by handing over the repaired Goods,
b. by exchanging the Goods for faultless Goods,
c. by returning the Purchase Price of the Goods to the Buyer to the Buyer's bank account,
d. by paying a reasonable discount from the price of the Goods to the Buyer's bank account,
e. by a written invitation to take over performance (Goods) , or
f. by justified refusal of warranty claim of the goods.

 

Article VIII
 Submission of complaints and suggestions
  1. The buyer is entitled to submit suggestions and complaints in writing, by e-mail to: ahoj@zurnal.sk
  2. The Seller informs the Buyer about the assessment of the initiative or complaint by e-mail sent to the Buyer's E-mail.
  3. The supervisory body is the Slovak Trade Inspection (SOI) , the SOI Inspectorate for the Bratislava region, with its registered office at Bajkalská 21/A, PO BOX no. 5, 820 07 Bratislava, tel. no. 02/58 27 21 72, 02/58 27 21 04.

 

Article IX
 Alternative dispute resolution
  1. The Buyer has the right to contact the Seller with a request for correction, by e-mail sent to: ahoj@zurnal.sk, if he is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights. If the Seller responds negatively to this request or does not respond to it within 30 ( thirty ) days from its sending, the Buyer has the right to submit a proposal to initiate an alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the " Entity ") under the Alternative Dispute Resolution Act.
  2. The entities are authorities and authorized legal entities according to § 3 of the Act on Alternative Dispute Resolution, and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1 .
  3. The proposal can be submitted by the Buyer in the manner determined according to § 12 of the Act on Alternative Dispute Resolution.
  4. The buyer can also file a complaint through the RSO alternative dispute resolution platform, which is available at https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297 , or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK .
  5. Alternative dispute resolution applies only to a dispute between the Buyer and the Seller arising from the Purchase Agreement or related to the Purchase Agreement.
Article X
 Final provisions
  1. The General Terms and Conditions become valid and effective on 9/2021 and are continuously published on the Website.
  2. Legal relations not regulated by these GTC, which arose from the conclusion of the Purchase Agreement between the Seller and the Buyer, are mainly governed by the Civil Code and other related legal regulations.
  3. By sending the Order, the Buyer confirms that he has properly familiarized himself with these General Terms and Conditions, including their annexes, in advance, that he has understood their content, that he unreservedly agrees with them and accepts them.
  4. The seller is entitled to unilaterally change the GTC at any time. The GTC valid and effective at the time of the conclusion of the Purchase Agreement are applied to the relationship between the Buyer and the Seller.