Terms of service
1. General Provisions
These general terms and conditions govern the rights and obligations of the company DataSquare s.r.o., Matúškovo 103, 925 01 Matúškovo, Company ID (IČO): 50419439, Tax ID (DIČ): 2120334711, VAT ID (IČ DPH): SK2120334711 (hereinafter referred to as the "Seller") and the Buyer.
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The Seller is the operator of the internet store www.kikis.sk.
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The Buyer is a natural or legal person who registers through the Seller's internet store or orders goods through it (hereinafter referred to as the "Buyer").
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By using the Seller's internet store and confirming the order, the Buyer agrees to these terms and conditions.
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Supervisory Authority: Slovak Trade Inspection (SOI) Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava 1.
2. Order
2.1. The Buyer orders goods through the Seller's internet store. An order executed in this manner is considered binding and, in accordance with the Consumer Protection Act in Doorstep Selling and Mail Order as amended, is understood as a distance contract.
2.2. For every order, the Buyer must state their name and surname, delivery and invoicing address, telephone number, and email; business entities (both natural and legal persons) must also state their Company ID (IČO), Tax ID (DIČ), VAT ID (IČ DPH), the name of the goods, and the quantity (an order placed through the Seller's internet store automatically meets these conditions). These data will be used only within the business relationship between the Seller and the Buyer in accordance with the Personal Data Protection Act and will not be provided to a third party (with the exception of the person providing the transport of the goods).
2.3. Upon receipt of the order, it will be registered in the Seller's system, and at the same time, a business relationship between the Seller and the Buyer is established. From this date, the order is binding for the Buyer.
2.4. The Buyer may cancel their order no later than 1 hour from sending the order via email to: info@privatebrands.sk (valid only for goods manufactured to measure). In the request for cancellation, the Buyer is obliged to state their contact details and the order number. If the Buyer has already paid the purchase price, the Seller will return the money within 7 days at the latest to the account from which the Buyer paid. If the Buyer cancels their order after the 1-hour period from sending the order, the Seller is entitled to bill the Buyer for all costs incurred by this action, and the Buyer is obliged to pay them.
2.5. In the case of a justified complaint, we will reimburse the customer for the postage associated with the delivery of the goods.
2.6. Do not send claimed goods back via Cash on Delivery (C.O.D.). We DO NOT ACCEPT returned goods sent via C.O.D.!
2.7. The Seller is not responsible for delayed delivery of goods, defects, or other problems due to inaccurate/incorrect data provided by the Buyer in the order.
2.8. In the case of a promotional price of products, the Seller will inform the Buyer of the exact wording of the promotion and its duration.
2.9. If the Seller is unable to deliver the ordered goods, they have the right to cancel such an order. If the amount for the ordered goods has already been paid, the Seller will send it back to the Buyer via bank transfer.
2.10. The condition for the validity of the electronic order is its truthful and complete filling. The submitted order is a proposal for a purchase contract. The purchase contract is established by the Seller's confirmation of the order via email.
2.11. By submitting the electronic order, the Buyer bindingly confirms that they have familiarized themselves with these terms and conditions and agree with them. By submitting the electronic order, the Buyer accepts all provisions of the terms and conditions in the version valid on the day of sending this order, as well as the valid price of the ordered goods listed on the website. All prices are understood to be in Euros (EUR). The price of the goods includes VAT.
2.12. Ownership of the goods passes to the Buyer upon their acceptance and payment of the purchase price.
3. Delivery Conditions
3.1. Order processing takes place during working hours (9:00 AM - 3:00 PM).
3.2. The maximum delivery time for goods is 15 to 20 days from placing the order.
3.3. The Seller is responsible for the goods until the order is delivered. If the product is damaged upon delivery, the Buyer is not obliged to accept it, but a record of damage must be made with the delivery person (post office, courier). If they accept it, it is at their own risk! The Seller is not responsible for damage to the shipment caused by the delivery person. Any later claims regarding the content of the goods and physical damage to the goods will not be accepted.
4. Price, Payment Conditions, and Shipping
4.1. The price of the goods is the price listed on the Seller's internet store website at the time the Buyer sends the order to the Seller. The prices of the products listed on the website are final.
4.2. The Buyer pays the price via electronic payment (PayPal, payment card, Cash on Delivery).
4.3. When the goods are handed over, the Buyer pays the price for the goods + shipping and, if applicable, the Cash on Delivery fee.
4.4. The Buyer chooses the method of transport themselves when creating the order in the Seller's internet store or through another method of communication.
4.5. The amount of transport costs will always be communicated to the Buyer during order verification.
4.6. Shipping is free for purchases over 49.90 EUR.
4.7. The operator is always entitled to request the Buyer to authorize the order in a suitable manner, e.g., by phone or in writing, depending on the nature of the business (quantity, price, shipping costs, distance, etc.), especially for prices higher than 150 EUR. In case the Buyer refuses authorization, the order is considered invalid.
4.8. Prices are listed with VAT.
5. Acceptance of Goods
5.1. The Buyer undertakes to accept the goods at the agreed time at the address specified on the order.
5.2. Upon acceptance of the goods, the Buyer is obliged to check the physical integrity and completeness of the shipment. If the shipment is visibly damaged and destroyed, the Buyer is obliged to immediately contact the Seller without accepting the shipment and to draw up a Record of Damage to the Shipment with the shipping company. Any later claims regarding the quantity and physical damage to the goods will not be accepted.
5.3. The Buyer acquires ownership of the goods only upon payment of the full price and other monetary amounts agreed in the distance purchase contract to the Seller's account. Until the transfer of ownership rights from the Seller to the Buyer, who holds the goods, the Buyer has all the obligations of a custodian of the item and is obliged to safely store the goods at their own expense and mark them so that they are identifiable as the Seller's goods under all circumstances.
5.4. The Seller is entitled to demand the fulfillment of obligations, especially the payment of the price for the goods, regardless of the fact that ownership of the goods has not yet passed to the Buyer.
5.5. The risk of damage to the goods passes to the Buyer at the moment of acceptance by the Buyer or their representative.
5.6. The order completion date is the day on which the customer accepts the product from the supplier.
6. Withdrawal from the Contract
6.1. The Buyer is entitled to withdraw from the contract without giving a reason within 14 working days from the day of receiving the goods. The withdrawal from the contract must be made in writing, must contain all data serving to identify the goods, and must be delivered together with the goods within the aforementioned period to the Seller's address or another address designated by the Seller.
6.2. The goods must not be damaged, used, must be in their original packaging, and the Buyer must hand over all documents (meaning the invoice, which they received electronically within 7 days of receiving the goods) received upon its purchase, along with the goods. The Buyer agrees and acknowledges that written form in this case means a document on withdrawal from the purchase contract signed by the Buyer. The goods are not returned via Cash on Delivery. Goods sent in this way will not be accepted and will be returned. Please send the goods back by registered and insured mail. In such a case, the Seller will return the corresponding amount (excluding postage, shipping) to you within 7 working days of receiving the returned shipment.
6.3. Subject to the fulfillment of the Buyer's obligations mentioned above, the Seller will take the goods back and return the price paid for the goods or the advance payment the Buyer made for the goods, to the Buyer in a pre-agreed manner within 7 days from the date of withdrawal from the contract.
6.4. The Buyer cannot withdraw from the distance purchase contract, especially in the following cases: a) If it is a contract that also includes the provision of a service, if the performance of the service began with the Buyer's consent before the expiry of the withdrawal period. b) If it is a contract whose subject is the sale of goods or services whose price depends on the movement of prices on the financial market, which the Seller cannot influence. c) If it is a contract whose subject is the sale of goods manufactured according to the Buyer's special requirements or goods intended specifically for one Buyer, or goods that cannot be returned due to their characteristics.
6.5. The Seller reserves the right to cancel the order (withdraw from the contract) or a part of it if: a) the goods are not manufactured or have ceased to be manufactured. b) the price of the goods supplier has changed. c) the displayed price of the goods was incorrect.
7. Warranty, Complaints
7.1. We handle claims according to valid laws. Contact us as soon as possible by email or phone so that we can jointly agree on further procedures.
7.2. In case of a complaint, the Buyer sends the claimed goods to the Seller along with the printed complaint document. The Seller does not accept shipments sent by the Buyer at the Seller's expense.
7.3. The 30-day complaint period begins on the day of delivery of the claimed goods (the Seller will confirm receipt of the shipment by email), and the Buyer will be informed about the method of its settlement.
7.4. In case of a justified complaint, the Seller will ensure the removal of the defect on the product at their own expense. If the removal of the defect is not possible, the Seller, by agreement with the Buyer, will apply one of the following options: exchange the product for a new one, exchange it for other goods, provide a discount on the price, or refund the money to the Buyer. Defects and damage to the product resulting from improper handling (e.g., dropping the product, soiling the goods...), use (especially use contrary to the instructions for use or the purpose of use...), or maintenance of the product (especially self-help or unauthorized disassembly, repair, or modification of the product...) are excluded from the warranty.
7.5. The warranty period is generally 24 months, except for products that have a defined shelf life. The Buyer in this case is a person who is not acting within the scope of their trade or other business activity. Only goods purchased and paid for from the Seller can be claimed. When asserting a claim, the Buyer is obliged to deliver (if the nature of the goods allows it - built-in goods) the claimed goods clean, mechanically undamaged, in the original packaging, including manuals, warranty certificate, invoice, or other proof of payment for the goods to the Seller. When asserting a claim, the Buyer follows the instructions given in the warranty certificate.
7.6. The right to the warranty expires in the event that the defect was caused by mechanical damage to the product, operation of the product in unsuitable conditions, unprofessional assembly, failure to comply with relevant standards by the Buyer or the person who performed the assembly for the Buyer, or if the product was interfered with by a person other than an authorized person. Defects caused by natural disaster and improper handling are also excluded from the warranty.
7.7. In the case of asserting a claim, the Buyer is advised to inform the Seller by phone that the given goods show a defect and how it manifested itself. Based on this information, the Buyer will be advised on the next procedure for handling the claim.
8. Final Provisions
8.1. The Buyer declares that they have familiarized themselves with these general terms and conditions before filling out or notifying the order and agree with them.
8.2. Notwithstanding other provisions of the contract, the Seller is not liable to the Buyer for loss of profit, loss of opportunities, or any other indirect or consequential losses due to negligence, breach of contract, or otherwise incurred.
8.3. These general terms and conditions have been formulated and established in good faith, for the purpose of fulfilling legal conditions and regulating correct business relationships between the Seller and the Buyer. In the event that some provisions of these conditions are proven by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remaining part of the relevant provision remain unaffected.
8.4. The rights of the Buyer (consumer) in relation to the Seller arising from the Consumer Protection Act no. 250/2007 as amended and the Consumer Protection Act in Doorstep Selling and Mail Order no. 102/2004 Coll. as amended, remain unaffected by these conditions. Legal relations and conditions not expressly regulated here, as well as possible disputes arising from the non-fulfillment of these conditions, are governed by the relevant provisions of the Commercial Code or the Civil Code.
8.5. The Seller and the Buyer have agreed that they fully recognize distance communication - telephone, fax (including handwritten orders), electronic form of communication, especially via email and the internet network, as valid and binding for both contracting parties.
8.6. All personal data provided by the Buyer within the order of goods or registration through the internet store www.cubecase.eu are collected, processed, and stored in accordance with Act no. 122/2013 Coll. on personal data protection. By sending the order, or concluding the purchase contract, the Buyer gives consent to the Seller, in accordance with Act no. 122/2013 Coll., to the processing, collection, and storage of their personal data for the purpose of concluding the purchase contract, processing orders, and related communication with the Buyer. The Buyer has the right to access their personal data, the right to correct them, including other legal rights to these data.
8.7. The Seller does not provide, disclose, or make available the personal data of the Buyers to any other person, with the exception of: companies ensuring the transport of goods, to which the personal data of the Buyers are handed over to the minimum extent necessary for the purpose of delivering the goods.
8.8. Consent to the processing of personal data and sending of commercial information is granted for an indefinite period and can be withdrawn free of charge at any time by an explicit and certain expression in writing addressed to the Seller, electronically to the email info@privatebrands.sk. In case of a complaint, contact our company electronically at the email info@privatebrands.sk or contact the Slovak Trade Inspection. The withdrawal of consent to the processing of personal data will also result in the cancellation of the registration.
8.9. The Buyer must not use, download, process, or sell the content of the internet store without the written consent of the Seller.
8.10. The Buyer has the right to contact the Seller with a request for redress if they are not satisfied with the way the Seller handled their complaint or if they believe that the Seller violated their rights.
8.11. The Seller reserves the right to change the wording of these terms and conditions.
8.12. Suppose the Seller responds negatively to the Buyer's request or does not respond to it at all within 30 days from the day of its sending. In that case, the Buyer has the right to submit a proposal to initiate an alternative dispute resolution (hereinafter referred to as "ADR").
8.13. Only disputes arising from the contract between the Seller and the Buyer (consumer) and disputes related to this contract can be resolved through ADR, with the exception of disputes according to Section 1 Par. 4 of Act no. 391/2015 Coll. and disputes whose value does not exceed 20 EUR. The proposal to initiate ADR is submitted to the ADR entity according to Section 3 of the cited Act, using the platform or form designated for this purpose, the template of which forms Appendix no. 1 of the cited Act.
