GENERAL TERMS AND CONDITIONS

I.

General provisions

1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued by the company Kalimba Musical Instrument s.r.o. with its registered office at Horná Lehota 136, 97681 Horná Lehota, Slovak Republic, Company Identification Number: 53 782 348, registered at the Banská Bystrica District Court, Insert no. 41319/S, Section: Sro.

Contact information:

Telephone and e-mail contacts:

Telephone: (+421) 0917 476 150

Email: hello@bolfkalimbas.sk

Website: https://bolfkalimbas.sk/

(hereinafter referred to as the “Seller”)

Slovak Trade Inspection

SOI Inspectorate for the Banská Bystrica Region

Dolná 179/46, 974 01 Banská Bystrica

Supervision Department

Telephone: (+421) 048/412 49 69, 048/415 18 71, 048/415 18 73

Fax: (+421) 048/412 46 93

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person – Buyer – having the legal status “consumer” acting as natural person – non-(hereinafter: “Buyer”) and (hereinafter: “Purchase Contract”) through the Seller’s website available on at https://bolfkalimbas.sk/ (hereinafter referred to as the “Internet Store”).
3. The Buyer is a consumer within the meaning of these Terms and Conditions meaning that the Buyer is a natural person who, in concluding and fulfilling the purchase contract, does not act within the scope of his business activity, employment or profession, i. a person meeting the legal definition of a consumer resulting from the provisions of § 2 letter a), Act no. 250/2007 Coll. Act on Consumer Protection and on the Amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended. The minimum age for executing the Order and registering the Customer Account is the age of 16 years.
4. The Buyer acting as consumer wishing to place an Order, which is the basis of the Purchase Contract for the purpose of proper processing by the Order provides to the Seller his name, surname, postal and billing address, delivery address, telephone number, e-mail contact.
5. Terms and Conditions are the integral part of the Purchase Contract. In the event that the Seller and the Buyer enter into a special written Purchase Contract in which they agree on conditions different to Terms and Conditions, the provisions of such individually agreed Purchase Contract shall take precedence over the Terms and Conditions.
6. These Terms and Conditions and the Purchase Agreement are concluded in English language.

II.

Information about products and prices

1. Information on the products, including the product price of individual products, including VAT, and its main characteristics are provided for every single product within the catalog presented on the Internet Store. The prices of the products are presented including VAT, all related fees and costs for the return of the products, if the products cannot be by their nature, be returned by the usual postal route back to the Seller The prices of the products remain valid as long as they are presented on the Internet Store. This provision does not preclude the agreement on an individually agreed Purchase Contract between the Seller and the Buyer under individually agreed conditions.
2. The list of Products on the website of the Seller’s Internet Store is a catalog of commonly supplied products and the Seller does not guarantee the immediate availability of all listed products. The availability of the products will be confirmed for the Buyer upon Buyer’s question on the availability of the individual product. The period of availability of the products is usually 18 days.
3. Information on costs associated with the packaging and delivery of the products is published in these Terms and Conditions and are made available to the Buyer before sending the Order. The Buyer thus dispose with the information on the shipping and packaging of the goods before the final confirmation of his Order. The shipping and packaging price are indicated in the article V. of these Terms and Conditions.

 

III.

Order and conclusion of the Purchase Contract

1. The Purchase Contract is concluded by the binding acceptance of the proposal for the conclusion of the Purchase Contract by the Seller on the basis of the form filled in and sent by the Buyer on the Seller’s Internet Store (hereinafter “Order”), or acceptance of the proposal sent by the Buyer to the Seller in the form of e-mail, by phone or fax, including personal proposal to the Seller to conclude the Purchase Contract.
2. In case that the Seller and the Buyer conclude the Purchase Contract at distance, i.e. without the personal presence of the Seller and the Buyer, i.e. primarily through the Internet Store of the Seller, by e-mail, telephone or fax, the Selle is obliged to comply with all obligations set out in Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of distance contracts or contracts concluded outside the Seller’s premises and on the amendment of certain laws (hereinafter referred to as the “Consumer Protection in the Sale of Goods Act”).
3. All prices of products and all fees related to the sale of the products explicitly exclude the shipping costs – transport costs of the products) on the Internet Store. These are produced in euros, including VAT. While placing the Buyer’s Order, the Buyer chooses the individual products, pieces of product, the method of payment and delivery. The condition for the proper conclusion of the Purchase Contract and its proper performance is the true and complete completion of all data and requirements necessary for the fulfilment of the Order.
4. In case that the Buyer places an Order for the products through the Seller’s Internet Store, the Buyer may do so:

• through his customer account, if he has previously registered in the online store;
• by filling in the order form without registration;
• by separate e-mail.

5. The existence of the Buyer’s customer account is not a necessary condition for the execution of the Order by the Buyer.
6. The costs incurred by the Buyer with the application of communication distance means related to conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls), these are paid fully by the Buyer. The telecommunication costs related to contacting the Seller do not differ from the basic rate of telecommunication operators. (i.e. the Seller does not have agreed with the telecommunication operators a special increased rate)
7. If the Buyer decides to purchase the goods through the Online Store (either from his customer account or without using it) before sending the Order, the Buyer is allowed to check and change the data he has entered in the Order. The Buyer shall send the Binding Order to the Seller by clicking on the “Order with payment obligation” button. The data specified in the Order by the Buyer are considered accurate by the Seller. The condition for the validity of the Order is the completion of all mandatory data in the Order form and confirmation of the Buyer that he has duly acquainted himself with the Business Conditions of the Seller.
8. Immediately after receiving the Order, the Seller will send a confirmation to the Buyer’s e-mail address specified by the Buyer in the Order. This confirmation is automatic and it’s not yet considered as the conclusion of the Purchase Agreement. The attachments of the confirmation are the current Business Conditions of the Seller and the form for withdrawal from the contract in accordance with section 7 et seq. Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of distance contracts or contracts concluded outside the Seller’s premises and on the amendment of certain laws.
9. The purchase contract is concluded only after the acceptance of the Order by the Seller. The notice of the Order’s receipt is delivered to the Buyer’s e-mail address. Immediately after receiving the Order, the Seller will send a confirmation to the Buyer’s e-mail address provided by the Buyer in the Order. This confirmation is considered as the conclusion of the Purchase Agreement. The attachments of the confirmation are the current Business Conditions of the Seller and the form for withdrawal from the contract in accordance with § 7 et seq. Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of distance contracts or contracts concluded outside the Seller’s premises and on the amendment of certain laws.
10. In the event that the Buyer’s requirements specified in the Order cannot be fulfilled by the Seller, the Seller shall send to the Buyer’s e-mail address or in another agreed form an amended offer. The changed offer is considered as new draft of the Purchase Contract and in such case the Purchase Contract is concluded by the Buyer’s confirmation of acceptance of this offer to the Seller’s e-mail address specified in these Business Conditions.
11. The all of the Orders accepted by the Seller are binding and have the effects of a concluded Purchase Contract. The Buyer can cancel the Order until the Buyer has received notification of the Order’s receipt by the Seller. The Buyer can cancel the Order by telephone on the Seller’s telephone number or by e-mail to the Seller’s e-mail address. These contact details are presented in these Business Conditions.
12. In the case of the purchase of the Goods through a separate e-mail Order, the provisions of points 6-11 shall apply similarly.
13. In the event of an obvious technical error on the Seller’s part when stating the price of goods in the Online Store or during the Order, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price, even not in the case, the confirmation of receipt of the Order was sent automatically to the Buyer in accordance with these terms and conditions.
14. In the situation referred to the point 12 of this Article. The Seller informs the Buyer about the error without undue delay and sends the amended offer to the Buyer’s e-mail address. The amended offer is considered a new draft of the Purchase Contract and in such a case the Purchase Contract is concluded by a confirmation of acceptance by the Buyer to the e-mail address of the Seller.
15. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the Order and return within 14 days from the notice of withdrawal from the Purchase Contract all funds, including payment of any delivery costs received from him under the Purchase Contract, in the same way, or in a manner specified by the Buyer.

IV.

Customer account

1. Based on the Buyer’s registration made in the Seller’s Internet Store, the Buyer may access his customer account. The Buyer can order goods from his customer account. The buyer can order the goods without registration.
2. When registering in the customer’s account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change, in the interest of proper order processing. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
3. Access to the customer’s account is secured by the username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his Customer account. The Seller is not responsible for any misuse of the Customer account by third parties.
4. The Buyer is not entitled to enable the usage of the Customer account to third parties.
5. The Seller may cancel the user account, especially in the event that the Buyer does not use his user account for a longer period of time, or in the event that the Buyer violates his obligations under the Purchase Contract and these Business Conditions.
6. The Buyer acknowledges that the Customer’s user account may not be available constantly, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or during the necessary maintenance of hardware and software equipment of third parties.

V.

Delivery and payment terms for the Sale of the Product

1. The Products are sold according to the issued samples, catalogs, type sheets and sample books of the Seller located within the Seller’s Internet store. Color visual display of Product on the monitor, or on other display devices may not exactly match the actual color tones of the Product. The display of color tones depends, among other things, on the quality of the display monitor or other display device used by the Buyer.
2. The Seller is obliged to fulfill the Buyer’s Order and deliver the Product to the Buyer within 14 – 28 days from the acceptance of the Buyer’s Order by the Seller and receipt of payment for the Product to the Seller’s account, unless otherwise stated; this delivery period is accepted by the Buyer without exceptions. In the case of special Products, special delivery times are indicated directly. If the Seller does not have the Products physically in its warehouses (about which the Seller informs the Buyer) and manufactures them on the basis of the Buyer’s Order, it undertakes to deliver these Products to the Buyer no later than 8 weeks after receiving payment for the goods to the Seller’s account.
3. The Seller reserves the right to reject the Order and/or withdraw from the Purchase Contract with the Buyer in the case of:

• non-standard or speculative nature of the purchase by the Buyer;
• due to the lack on the stock of the Products, its unavailability or if the manufacturer of the Products has interrupted production or made such significant changes that prevented the fulfillment of the Seller’s obligations arising from the Buyer’s Order, or due to act of god;
• in the event that, even with all efforts that can be reasonably required from the Seller, he is unable to deliver the goods to the Buyer within the period specified in these Terms and Conditions or at the ordered price.

4. The Buyer agrees that the Seller shall provide to the selected transport partner with Personal Data concerning the Buyer, to the extent necessary for the proper delivery of the ordered Products.
5. Before sending the Products, the Seller will pack and mark the goods on his own costs in the manner agreed in the Purchase Contract, or in the usual manner, corresponding to the agreed method of delivery and use. The Products are delivered in the usual packaging of the Buyer as a manufacturer. Along with the Products, the Buyer will be also be provided with manual for the usage of the Product and other documentation, information and documents related to the delivered Product, which are necessary for acceptance and using the goods. The documentation will be delivered in the Slovak language, unless the legal regulation defines otherwise.
6. If the method of transport through the transport partner is chosen, the Seller will deliver the ordered Products to the Buyer to the address specified by the Buyer as the delivery address in the Order. The delivery of the Products does not include installation or other actions (e.g. demonstration of goods, etc.), unless otherwise agreed between the Seller and the Buyer. The Buyer is obliged to take over the Products at the place of delivery in person or to ensure that the goods are taken over by a person who is authorized to take over the Products in case of his absence. The person authorized to take over the Products is obliged to submit to the Seller or the transport partner the original of the written empowerment, at his request by the transport partner. In the event that for some reasons on the Buyer’s part it is necessary to deliver the goods repeatedly or in another way than stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Products additional costs associated with another method of delivery. In the event that the Buyer does not accept the goods within 7 (in words: seven) days from the date of the first delivery, the Seller is entitled to charge the Buyer a storage fee of € 20.00 (in words: twenty euros) for each day of storage of the Products. After 14 (in words: fourteen days) from the day when the Buyer was obliged to take over the Product, the Seller is entitled to withdraw from the Purchase Contract and sell the Product to any other third party. After the sale of the Product to a third party, the advance payment (payment) for the ordered Product by the Buyer will be returned back to the Buyer, after deducting the costs for the storage of the Product.
7. The Seller is not responsible for delayed delivery of Products caused by the transport partner, for delayed delivery of the Product due to incorrectly stated address of the Buyer, or delivery in case of incorrect filling in the form when ordering goods, mainly user registration, for damage of the package by the transport partner, for possible non-delivery of Products that occurred as a result of unforeseeable obstacles that the Seller could not influence.
8. The Buyer is obliged to checkup the Product as well as its packaging, immediately upon the delivery. In the event that the Buyer finds that the Product or packaging of the Product are mechanically damaged, he is obliged to notify the transport partner of this fact and check the condition of the Product n his presence. In the event of damage of the Product upon receipt by the Buyer, the Buyer is obliged to refuse to accept the Product immediately upon receipt and to make a record of the extent and nature of damage of the Product (damage record), the accuracy of which will be confirmed by the transport partner. On the basis of such a record delivered to the Seller, the Seller may, after concluding a damage event with the transport partner, provide the elimination of the defect of the Product, discount on the Product and in case of unrecoverable defects of the Product deliver a new Product to the Buyer. This kind of subsequent claims will be only accepted if the Buyer proves that the claimed defects existed on the Product at the time of receipt.
9. If the Buyer chooses the method of delivery as personal take over at the Seller’s registered office, the Products are ready for the pick up by the Seller after sending a notice of the possibility of taking them over at the Seller’s registered office.
10. The delivery costs of the Product, depend on the method of sending and taking over the Products, these costs are stated in the Buyer’s Order and in the order confirmation by the Seller. In the event that manner of transport is agreed on the basis of a special request of the Buyer, the Buyer accepts the transport risk and any additional costs associated with this manner of transport.
11. The Buyer, or another person who is authorized to take over the goods by the Buyer, is obliged to confirm to the transport partner the taking over of the Products, including the taking over of all documents. In the case of a bigger order, e.g. Orders – Order form with several types of Products, or with a larger number of Products, the Seller reserves the right to deliver the Products in parts, e.g. in several shipments.
12. The method of payment is chosen by the Buyer during the creation and confirmation of the Order. The Products can be paid for in the following ways:

• cash on delivery – payment in cash upon receipt, the customer pays for the goods to the transport partner or the Seller in case of personal collection from the Seller. The maximum value of the Order sent by cash on delivery is € 150.
• invoice – in the form of a bank transfer – payment by cashless electronic bank transfer on the basis of a payment regulation (advance invoice) sent to the registration e-mail of the Buyer. The Order will be processed after receiving the full purchase price to the Seller’s account. If the Buyer decides for this option, the Buyer will receive an Pro Forma Invoice to his e-mail account, which must be paid within 7 (seven) days from the date of its issue;
• payment by bank card through the Besteron payment gateway

13. When sending Products, the Seller uses the services of the following business partners:

• Packeta Slovakia s. r. o., Kopčianska 3338/82A, 851 01 Bratislava, Slovenská Republika;
• DHL Express (Slovakia), spol. s.r.o, M. R. Štefánik Airport, 820 01 BRATISLAVA, Slovak Republic; (these two entities, hereinafter referred to as the “Courier”)
• Slovenská pošta, a. s., Partizánska cesta 9, 975 99 Banská Bystrica 1, Slovak Republic (hereinafter referred to as “Slovenská pošta”).

In the case of choosing Slovenská pošta as a transport partner, the price of transport is € 4.50 (the Products will be sent as registered shipment).

If the DHL Courier is chosen as the transport partner, the price of transport is € 10.50 within Slovakia. In the case of choosing SK Packeta Home (delivery to the address in 2-3 working days) – €5.80 SK Packeta delivery point – €4.30 within Slovakia.
If the Buyer has chosen Cash on Delivery as the method of payment, the total price will increase by € 3 for both of the above delivery methods.

Personal collection of the Product by the Buyer at the Seller’s registered office is € 0.

When sending the goods outside the territory of the Slovak Republic to the territory of other states of the European Union, the price of transport is 5 – 27 € (the price depends on the weight of the package and the method of sending the goods).

When sending the goods outside the territory of the Slovak Republic to other countries and outside the European Union, the price of transport is 20 – 44 € (the price depends on the weight of the package and the method of sending the Product).
Cash on Delivery as the method of payment is not available outside the Slovac republic.

In the period from 18.12.-31.12. 2023, the e-shop operator reserves the right to send shipments using DHL Courier, as it can guarantee the delivery of the package on the desired date (the use of the transport services of Slovak Post and Packeta is possible after an e-mail agreement with the e-shop operator).

VI.

Ownership transfer and transfer of the risk of damage on the Products

1. The Buyer acquires the ownership of the Products upon full payment of the full price for the Products.
2. The risk of damage on the Products passes to the Buyer at the time when he takes over the Products from the Seller, or if he does not do so in time, then at the time when the Seller allows him to dispose with the Products and the Buyer does not take over the Products.

VII.

Rights and obligations of the Buyer

1. The Buyer is obliged to:
   a) take over the ordered Products;
   b) pay the Seller the agreed price within the agreed due date, including the costs of delivery of the Products;
   c) confirm the receipt of the Product by own signature or by a person authorized by the Buyer;
   d) follow the manual for use of the purchased Product; if the Buyer violates the instructions for use and maintenance of the purchased Products (e.g: incorrect connection, usage of the goods), any subsequent complaint may be rejected by the Seller or the supplier of the Products.
2. The Buyer has the right for the delivery of the Products in the quantity, quality, date and place agreed in the Purchase Contract with the Seller.
3. The Buyer has the right on the protection of his Personal Data, in particular to the maximum security and protection of data that he provides to the Seller.

VIII.

Rights and obligations of the Seller

1. The Seller is obliged to:
   a) deliver the Products to the Buyer in the agreed quantity, quality and time on the basis of the Purchase Contract and pack or equip them for transport in the manner necessary for their safe transport and protection;
   b) ensure that the delivered goods comply with the valid legal regulations of the Slovak Republic;
   c) hand over to the Buyer no later than together with the Product in writing form all documents necessary for taking over and using the Product as well as an invoice confirming the purchase of Product, which is a tax document and serves as a warranty deed.
2. The Seller has the right for proper and timely payment of the full Purchase Price from the Buyer for the delivered Products.

IX.

Liability for defects, complaints, warranty

1. The Seller undertakes that the Products to be delivered to the Buyer will have the qualitative properties presented in the Seller’s Internet Store, the properties agreed in the Purchase Contract, established by the relevant legal regulations and standards, or the usual properties.
2. By concluding the Purchase Contract and taking over the Products from the Seller, the Buyer also agrees with the warranty conditions of the Seller, which are contained both in these Terms and Conditions and in the special Complaints Procedure. The Complaints Procedure is an integral part of the Terms and Conditions and defines the procedure for dealing with the warranty claims on the Products acquired from the Seller. The Buyer is obliged to get familiar with the wording of the Complaints Procedure and the Seller’s Terms and Conditions before ordering the Products.
3. The Seller provides the Buyer with a warranty for the delivered Products for a period of 24 months. The warranty period begins to run from the date of receipt of the Products by the Buyer, respectively from another period specified in the Complaints Procedure according to the nature of the delivery of the Products. The Seller may extend this statutory period. The warranty period is further extended by the time for which the Product were subjects to the Complaints Procedure. The rights from the responsibility for defects of the Products, for which the warranty period applies, expire if the warranty claims were not exercised during the warranty period.
4. The Buyer’s claims for defects in the Products (including the method of resolving the warranty claim) are governed by the relevant effective legal regulations. The relation between the Seller and the Buyer is subject to the Purchase Contract and is governed in particular by the Act no. 40/1964 Coll. Civil Code, Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws.
5. The warranty claims does not cover defects that have arisen as a result of unprofessional and inappropriate handling of the goods by the Buyer or persons authorized by him.
6. Complaints can be made only after submitting the original invoice, respectively another proof of purchase of Products, which is also a guarantee deed. The Seller is responsible for defects in the delivered Products only in cases where the Buyer did not use the Product violating of the manual, or in case of the violation of the instructions of the Seller.
7. The Buyer is obliged to check the shipment upon receipt. Complaint conditions and warranty conditions are specified in the Seller’s complaint procedure, which the Buyer will receive when ordering the Product.
8. Detailed conditions of liability for defects in the delivered Products, as well as the method of submitting a complaint, complaint periods, the Buyer’s claims for defects of the Products are regulated in the Seller’s Complaints Procedure (hereinafter “Complaints Procedure”). The claims of the Buyer against the Seller are also provided in detail in the Complaints Procedure.
9. The Seller is not liable for defects of the Products caused after transferring the risk of damage to the Products through no fault of the Seller, for errors caused by mechanical damage, normal wear or improper handling of the goods, it’s storage, use, as well as errors caused by the Buyer or third party.

X.

Information on the Buyer’s right to withdraw from the Purchase Contract

1. The Buyer has the right to withdraw from the Purchase Contract, including the reason within 14 (in words: fourteen) days. The period for withdrawal from the Purchase Contract expires after 14 days from:

• when the Buyer or a third party designated by him, with the exception of the transport partner, takes over the Product, in the case of the Purchase Contract, the subject of which is the sale of Product;
• when the Buyer or a third party designated by him, with the exception of the transport partner, takes over the Product that was delivered as the last one, if the Products ordered in one Order are delivered separately;
• when the Buyer or a third party designated by him, with the exception of the transport partner, takes over the last part or piece, if the Product consists of several parts or pieces that are delivered;
• when the Buyer or a third party designated by him, with the exception of the transport partner, takes over the first delivered Product, if the Products are delivered repeatedly during a defined period;
• concluding a contract, in the case of a service contract or a contract for the provision of electronic content not supplied on tangible media.

2. When exercising the right to withdraw from the contract, the Buyer informs about its decision to withdraw from the Purchase Contract by a clear statement (for example by letter sent by post, fax or e-mail) to the Seller’s above mentioned contact details, which does not raise doubts about this expression of the Buyer’s will.
3. For this purpose, the Buyer may also use the sample Form for withdrawal from the Purchase Contract, which was sent to him together with the confirmation of the Order and which is also an appendix to these Terms and Conditions and is also available on the Seller’s Internet Store.
4. If the Buyer withdraws from the Purchase Contract, any additional contract related to this Purchase Contract, from which the Buyer has withdrawn, is also canceled from the beginning. It is not possible to demand from the Buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws, namely section 9 subsection 3 of this act and section 10 subsection 3 of this act and the possible price for the service, if the subject of the contract is the provision of the service and if the full provision of the service has taken place. The burden of proving the exercise of the right to withdraw from the contract lies with the Buyer.
5. The Buyer may withdraw from the Purchase Contract, the subject of which is the delivery of goods, even before the beginning of the period for withdrawal from the Purchase Contract. The period for withdrawal from the Purchase Contract is maintained if the Buyer sends a notice of the exercise of the right to withdraw from the Purchase Contract before the expiration of the period for withdrawal from the Purchase Contract.
6. After withdrawing from the Purchase Contract, the Seller will return to the Buyer all payments that the Buyer has demonstrably made in connection with the conclusion of the Purchase Contract, in particular the purchase price, including the cost of delivery of the Product. However, the Seller is not obliged to reimburse the Buyer for additional costs if the Buyer has chosen another method of delivery than the cheapest common method of delivery offered by the Seller. Additional costs are the difference between the delivery costs chosen by the Buyer and the costs of the cheapest common method of delivery offered by the Seller. The payments from the Buyer will be returned to the Buyer within 14 (in words: fourteen) days from the day when the Seller receives the Buyer’s notice of withdrawal from the Purchase Contract. Payment will be made in the same way as the Buyer used for payment to the Seller, unless the Buyer has agreed with the Seller on another method of payment.
7. In the case of a justified complaint, there is a refund
   possible in the same way as the payment was made (i.e. also on the card)
8. The Buyer is obliged to send the Product back or hand them over to the Seller or to a person authorized by the Seller to take over the Product no later than 14 days from the date of withdrawal from the Purchase Contract. The time limit referred to the first sentence of this point is considered as preserved if the Product was handed over for transport not later than the last day of the time limit. If, on the basis of the Purchase Contract and based on its nature, it is not possible to send the Product back to the Seller by transport partner, respectively by post, the Seller is obliged to ensure the collection of the Product on his own expense no later than 14 (in words: fourteen) days from the date of delivery of the notice of withdrawal from the Purchase Contract. Upon withdrawal from the Purchase Contract, the subject of which is the sale of Products, the Seller is not obliged to return the payments to the Buyer before the Product is delivered to him or until the Buyer proves sending the Product back to the Seller, unless the Seller proposes to pick up the Product in person or through a person authorized by him.
9. Upon withdrawal from the Purchase Contract, the Buyer shall bear only the costs of returning the Product to the Seller or a person authorized by the Seller to take over the goods. This does not apply if the Seller has agreed to bear them himself, or if he has not fulfilled the information obligation that if the Buyer withdraws from the Purchase Contract, he will bear the cost of returning the goods to the Seller and in the case of returning the Product by post, respectively by transport partner.
10. The Buyer is obliged to deliver the complete Product to the Seller, i.e. including complete documentation, undamaged, preferably in the original packaging and not used.
11. The Seller recommends that the Buyer insures the Product that is returned back to the Seller. The cash on delivery is not accepted by the Seller. The Seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the Purchase Contract to return to the Buyer all payments received from him under or in connection with the Purchase Contract, including transport, delivery and postage and other costs, and fees. The Seller is not obliged to return payments to the Buyer before the Product is delivered to him or until the Buyer proves the return of the Product to the Seller, unless the Seller proposes to pick up the Product in person or through a person authorized by him.
12. The Buyer shall bear the costs of returning the Products to the Seller or a person authorized by the Seller to take over the Products. This does not apply if the Seller has agreed to bear them himself or if he has not fulfilled the obligation under section 3 subsection 1 letter i) of the act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws.
13. The Buyer is only responsible for the reduction of the value of the Product, which arose as a result of such handling of the Product, which is beyond the scope of the treatment necessary to determine the properties and functionality of the Product. The Buyer is not responsible for the reduction of the value of the Product if the Seller has not fulfilled the information obligation about the Buyer’s right as a consumer to withdraw from the Purchase Contract according to section 3 subsection 1 letter h) of the act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws.
14. In the event that the Buyer withdraws from the Purchase Contract and delivers to the Seller the goods that are used, damaged or incomplete, the Buyer undertakes to pay the Seller:
15. a) the value by which the value of the goods has been reduced within the meaning of section 10 subsection 4 of the Act No. on consumer protection in the sale of goods or provision of services on the basis of a Purchase Contract concluded at a distance or a contract concluded off-premises on and amending certain acts;
16. b) costs incurred by the Seller in connection with the repair of the Product and their restoration to the original condition calculated according to the price list for post-warranty service of the Product.
17. Pursuant to the above provision, the Buyer is obliged to pay the Seller compensation in the amount of the difference between the purchase price of the Product and the value of the Product at the time of withdrawal from the Purchase Contract.
18. In accordance with section 7 subsection 6 of the act no. 102/2014 on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws, the Buyer may not withdraw from the Purchase Contract, if:

• service related to the Purchase Contract, if it began to be performed with the Buyer’s consent before the expiration of the period for withdrawal from the contract and the Buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the Purchase Contract after full service provision, and if the full provision of the service has taken place,
• if the Product is made according to the special requirements of the Buyer, custom-made Product or Product is intended specifically for one Buyer, or the Product is modified on the basis of the special needs of the Buyer, or by application of a photographic or other template provided by the Buyer; the modification of such Product is expressly and specifically agreed between the Buyer and the Seller,
• if the Product is returned in enclosed in a protective package, which is not suitable to return due to health protection or hygienic reasons and whose protective packaging was broken after delivery,
• if the Product to be sold is a sound recordings, video recordings, sound image recordings or computer software sold in protective packaging, if the Buyer as a consumer has unpacked this packaging.

XI.

Protection of Personal Data by the Seller

1. The Buyer, as a party of the Purchase Contract, will provide the Seller with his name and surname, address of permanent residence, including postal code, telephone number and e-mail address, in the interest of proper processing of the Order by the Seller.
2. The Buyer may at any time check and change the provided Personal Data, as well as cancel his registration in the Customer account after logging in to the website of the Seller’s Internet Store.
3. The Seller hereby notifies the Buyer that in accordance with the section 14 subsection 2 of the act no. 18/2018 Coll. on Personal Data Protection and on Amendments to Certain Acts, as amended that as the Data Controller of the relevant information system he will process the Buyer’s Personal Data as a Data Subject in the process of concluding the Purchase Contract, as the Buyer’s Personal Data processing will be necessary in pre-contractual relations in the interest of proper performance of the Purchase Contract and processing of the Buyer’s Personal Data is also necessary subsequently in performance of the Purchase Contract, in which the Buyer acts as one of the parties, as an entity taking over the Products from the Seller, or from his transport partner. The processing of the Buyer’s Personal Data is necessary from the point of view of the relevant accounting and tax legislation.
4. The Seller undertakes to handle and dispose with the Buyer’s Personal Data in accordance with the valid legal regulations of the Slovak Republic and these will not be subject to transfer to third countries, except in the case of delivery of the Products to third countries.
5. The Seller declares that he will obtain the Personal Data exclusively for the purpose stated in these Terms and Conditions (or Complaint Procedure) and that he will comply with the principles of processing Personal Data defined in the sections 6 – 13 of the act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws as amended.
6. Before sending the Order, the Buyer will be asked to confirm by checking the box “I have read these Terms and Conditions” before sending the Order that the Seller notifies him with regard to personal data protection in a clear, understandable, easily accessible and irreplaceable way:

• his identification data, which are stated in the header of these Terms and Conditions;
• identification data of a third party, which is a transport partner who delivers the ordered Products to the Buyer so that these identification data are stated in the Order confirmation;
• the purpose of processing Personal Data, by which is the conclusion of a Purchase Contract between the Seller and the Buyer;
• the fact that the Seller, as the Data Subbject, will process the Buyer’s Personal Data in the scope of name and surname, address of permanent residence, including postal code, telephone number and e-mail address and delivery address;
• contact details of the person responsible for Personal Data protection at the Seller as the Data Controller.

7. The Seller declares that he will process the Personal Data on the basis of the legal requirements established by law, in accordance with good morals and he will act in a manner that does not contravene the relevant legislation, in particular the act no. 18/2018 Coll. on the protection of personal data and amending certain laws, as amended, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95 / 46 / EC (General Data Protection Regulation) or other generally binding legislation and will not circumvent them. The Seller declares that the consent of the Buyer as the Data Subject will not be enforced or conditioned by the threat of rejection of the contractual relationship for the delivery of Product or services.

XII.

Privacy policy

1. For the purposes of these Terms and Conditions, the affected person is meant by the Buyer (also potential Buyer), or visitor of the Seller ‘s Internet Store. For the purposes of these Terms and Conditions, Personal Data are name and surname, e-mail address, telephone number, billing address, delivery address, IP address and cookies. (hereinafter referred to as “Personal Data”)
2. The Seller as the Data Controller and Operator of the Internet Store hereby informs about the method and scope of Personal Data processing, including the scope of rights of the Buyer (also potential Buyer) and visitor of the Seller’s Internet Store as the Data Subjects related to the processing of their Personal Data to the extent specified in the article XI and XII of these Terms and Conditions.
3. When processing Personal Data, the Data Controller shall proceed in accordance with the main legal regulations in the field of Personal Data protection:

• Act no. 18/2018 Coll. on the protection of Personal Data and on the amendment of certain laws as amended;
• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation).

4. The Data Controller processes Personal Data for the following purposes (always only necessary Personal Data):

4.1 Performances from the Purchase Contract concluded with the Buyer (also potential Buyer) as Data Subject, or other obligation and provision of services:

• Personal Data will be processed for the duration of the pre-contractual relationship between the Seller as the Data Controller and the Buyer (potential Buyer) as Data Subject, for the purpose of concluding the Purchase Contract, as well as for the duration of the contractual relationship arising from the Purchase Contract.

4.2 Compliance with the legal obligations of the Seller in connection with the Purchase Contract, defined by a special law (i.e. obligations arising from the accounting, tax and archiving point of view, providing cooperation to administrative authorities, police, courts, etc.).

4.3 Marketing and business offers of the Data Controller on the basis of a special consent of the Data Subject:

• general sending of commercial offers of the Products and services: sending general advertising notices without targeting the specific requirements and preferences of the Data Subject;
• individual offer to the Buyer (also to the potential Buyer): sending advertising notifications after sending the Buyer’s request (also to the potential Buyer);
• the Seller as the Data Controller does not perform profiling according to article 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation) whereas this is not an automated processing but a manual creation of individual tenders;
• sending of business information by third parties: this is the sending of business notifications by other operators to whom the personal data of the Buyer (potential Buyer) as Affected Persons have been transferred with their express consent and under a special Personal Data Processing Agreement concluded between the Seller and a third party.

4.4 Workshop marketing purposes represent the processing of Personal Data and are based on the physical and voice identity of the Data Subjects. These relate to the personal identity of the Data Subject (physical identity, voice) who participate in workshops organized by the Seller acting as Data Controller. The processing of Personal Data is based on special consent of the Data Subjects.

4.5 Legitimate interests of the Seller as the Data Controller.

5. If the Data Subject in the position of the Buyer does not provide his Personal Data, it is not possible to conclude a contract with the Seller as Data Controller and / or to provide him with delivery of the Product. In this context, Personal Data are necessary for the proper performance resulting from the Purchase Contract concluded at a distance and from the relevant legislation in the field of accounting and taxes.
6. The Buyer as Data Subject is obliged to provide the Seller as the Data Controller only with true and accurate Personal Data. The Buyer, as the Data Subject, is directly responsible for the accuracy, precision and veracity of the provided Personal Data. The Seller as Data Controller is not responsible for the accuracy of the provided data.
7. The Seller, as the Data Controller, shall make every effort to prevent unauthorized processing by any unauthorized third parties and he declares that disposes of the documented documentation for the protection of Personal Data as well as of the security infrastructure.
8. The Seller as the Data Controller is entitled to transfer the Personal Data of the Buyer as the Data Subjects to third parties on the basis of his consent, for the following purposes: completion of the order process, delivery of Product, sending business notices, customer satisfaction assessment, consumer credit, customer support services, provision, handling of complaints, processing of accounting documents of the Seller and in other cases where the law explicitly allows to request access to Personal Data by state authorities on the basis of a special provision of the law.
9. Personal data are and will be processed in electronic form in an automated as well as in a non-automated manner.
10. The Seller, as the Data Controller, shall keep records of the Personal Data of the Buyer (potential Buyer) as the Data Subject for a period not longer than necessary for the purpose for which the Data Controller obtained them.
11. If the Data Subject is interested in providing information about a specific retention period of the Personal Data, as well as the scope of processed Personal Data of the Buyer (and potential Buyer) processed by the Seller, he may do so by contacting the Seller e-mail at: hello@bolfkalimbas.sk.
12. The Buyer (and potential Buyer) as the Data Subject has a set of rights that arise from a special law – Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws as amended, namely:

• the right to information and access to personal data, which means that the Data Subject must always be provided with a certain scope of information data on Personal Data protection and he shall have access to these Personal Data on the basis of given conditions;
• the right to obtain from the Seller as the Data Controller a confirmation as to whether his Personal Data are being processed and the information related thereto;
• the right to rectification and erasure, which means that the Data Subject has the right to request the rectification of incorrectly stated Personal Data and completing the incomplete Personal Data;
• the right to erasure (“forgetting”), on the basis of which the Buyer (also as potential Buyer) may request the Seller as the Data Controller, while meeting the defined legal conditions (eg the purpose of processing has been revoked, consent to processing is revoked), may request the erasure of Personal Data concerning him;
• the right under conditions provided by the law to require restrictions on the processing of his Personal Data;
• in connection with the rectification, erasure and restriction of the processing of Personal Data, the Data Subject has the right notify of this fact to any recipient to whom his Personal Data have been provided;
• the right to the transfer of Personal Data, consisting in the fact that if it is possible on the part of the Seller as the Data Controller, the must be provided to the Data Subject in a way allowing their transfer to another Data Controller (in a structured, commonly used and machine readable format), or if technically possible, the Data Subject has a right to have such a transfer carried out by the Data Controller himself;
• the right to object to the processing of Personal Data at any time under the conditions stipulated by the law;
• the right to object to automated individual decision-making, including profiling (provided that such decision-making occurs), which consists in the fact that the affairs of the Buyer as Data Subject are decided automatically on the basis of the provided Personal Data without human intervention;
• the right to object to the processing of the Personal Data for direct marketing purposes;
• the right to be notified by the Data Controller without undue delay of such a breach in the event of a breach of Personal Data protection leading to a high risk to his rights, in a clear and simple way.

13. The Buyer as the Data Subject has the right to file a complaint against the Seller as the Data Controller of the information system, namely: the Office for Personal Data Protection of the Slovak Republic (www.dataprotection.gov.sk). The contact form of the Office for Personal Data Protection in the matter of filing a complaint is available on the following website:

https://dataprotection.gov.sk/uoou/sk/content/navrh-na-zacatie-konania-o-ochrane-osobnych-udajov

14. If the legal basis for the processing of the Personal Data of the Buyer (also as potential Buyer) as the Data Subject is consent to the processing, this Data Subject may revoke it at any time, and is entitled to use the same method as the consent was granted. At the same time, the Buyer (as well as the potential Buyer) as Data Subject acknowledges that in special cases stipulated by the law, the Seller cannot comply with the revocation of consent.
15. The Buyer as Data Controller regularly reviews and updates the principles of Personal Data Protection, Personal Data security documentation, its personal protection infrastructure in order to ensure the consistent fulfillment of its obligations as the Data Controller of the relevant information systems.

XIII.

Alternative dispute resolution

1. The Buyer as a consumer has the right to contact o the Seller for a request for redress if he is not satisfied with the way in which the Seller handled his warranty claim or if he believes that the Seller has violated his rights. The Buyer as a consumer has the right to file a motion to initiate alternative (out-of-court) dispute resolution with the ADR entity, if the Seller denied Buyer’s warranty claim under the previous sentence or did not respond within 30 days from the date its acceptance. This does not affect the possibility for the Buyer as a consumer to resolve his claims via the court.
2. The Slovak Trade Inspection Authority, with its registered office at Prievozská 32, 827 99 Bratislava, Identification Number: 17 331 927, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The Slovak Trade Inspection can also be contacted by e-mail at the following e-mail addresses: ars@soi.sk or adr@soi.sk. The web page of the Slovak Trade Inspection Authority containing more information can be found, is as follows: www.soi.sk. An online dispute resolution platform can also be used at the web page http://ec.europa.eu/consumers/odr.
3. Another subject in the field of consumer rights protection is the European Consumer Center Slovak Republic, with its registered office at Mlynské nivy 44 / a, 827 15 Bratislava, web page: http://esc-sr.sk/. The European Consumer Center is the contact point under Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
4. The Seller is entitled to sell the Product on the basis of a trade license. Trade licence control is performed within the scope of its competence by the relevant District Office of the Trade Licence Department, namely: District Office Brezno – Trade Licence Department, Nám. M.R. Štefánika 40, 977 01 Brezno.
5. The Slovak Trade Inspection Authority, to the extent provided by the law, supervises compliance with Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, as amended. The contact data of the relevant regional branch of the Slovak Trade Inspection are as follows: SOI Inspectorate for the Banská Bystrica Region, Dolná 179/46, 974 01 Banská Bystrica, Supervision Department, telephone: (+421) 048/412 49 69, 048/415 18 71, 048 / 415 18 73, fax: (+421) 048/412 46 93.

XIV.

Delivery

1. The Buyer and the Seller agree that all written correspondence will be delivered to each other by e-mail, unless otherwise provided.
2. The Buyer delivers documents to the Seller and other correspondence to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his Customer account or in the Order, unless they mutually agree otherwise.

XV.

General and final provisions

1. The Seller reserves the right to change these Terms and Conditions. The obligation to notify the changes in Terms and Conditions in writing is met by placing them in updated version on the Seller’s Internet Store.
2. The Seller informs the Buyer that the price for the Product will not change at the time of placing his Order, shipping the Product within the agreed delivery time. The Seller is not liable to the Buyer for delayed delivery of the Product caused by the means of transport or providing wrong address of the Buyer, for any delivery of Product caused by a fault of the Seller’s supplier, for damage to the consignment caused by the transport partner or post delivery service. In event of such kind of damage, it is necessary to submit complaint directly with the transport partner or by post delivery service.
3. If the Purchase Contract is concluded in writing, any other change must be in writing. The electronic form also applies to electronic form.
4. For relations not regulated by these Terms and Conditions will be applied the Act no. 40/1964 Coll. Civil Code as amended, as well as Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws as amended.
5. The wording of these Terms and Conditions may be subject to amendment or supplement. This provision is without prejudice to rights and obligations arising after the effective date of the previous wording Terms and Conditions.
6. Integral attachment to these Terms and Conditions is also a sample withdrawal form from the Purchase Contract as well as the Seller’s Complaints Procedure.
7. The notions that are mentioned in these Business Terms and Conditions are defined in the Seller’s Complaints Procedure or Notification of Data Processing.
8.  These Terms and Conditions shall enter into force on 09 January 2024.

In Horná Lehota, 09.01.2024.