Terms and conditions

1. GENERAL BUSINESS CONDITIONS

1.1 The seller is Hedvika Švančarová, Mudroňova 2387/23, Piešťany, ZIP 92101, Slovakia, which is registered in the Trade Register of the District Office of Piešťany, OU-PN-OZP-2019 / 011931-2, no. trade register 230-21263, ID: 52851664, VAT: 1086662643, VAT2: SK1086662643 tel. +421949181779, e-mail: barefoothedvika@gmail.com (hereinafter referred to as the seller).
1.2 The Buyer is any natural or legal person who in any way contacts the Seller with the intention of purchasing the goods offered by the Seller.
1.3 The Buyer is also any natural or legal person who in any way contacts the Seller with a request that the Seller procures goods that it does not include in the offer, with the intention of purchasing these goods.
1.4 By using the website of the seller's online store and confirming the order, the buyer agrees to these Terms and Conditions.
1.5 These Business Terms and Conditions are valid until new Business Terms and Conditions are issued.

2. ORDERING

2.1 The buyer can order the goods as follows:
a) through the shopping cart on the seller's website,

b) by email to barefoothedvika@gmail.com

The order must contain:
Natural person: name and surname of the customer, address of permanent residence, or delivery address if it does not match the address of permanent residence, telephone number, name of goods, number of pieces, price, method of payment, required method of delivery.
An order that does not contain all the data listed in Art. 2 point 2.1 may not be accepted by the seller.
2.2 By sending the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
2.3 The seller will confirm the sent order by e-mail within 24 hours. Unless clearly identified online as preorder item in product detail, we only advertise goods on stock. All confirmed orders are binding! Estimated arrival time is listed as D + Transit Time. D is posting day and transit time is available in section PAYMENT AND SHIPPING. We usually expedite within 24 hours from order entry or next available working day.

If the buyer does not agree with proposed the delivery date, he may withdraw from the purchase of the goods. However, withdrawal from the purchase must be notified to the seller no later than before despatch of the goods from the seller. After the despatch, the cancellation of the order will no longer be accepted.          2.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order. In the event of a change in the price of the goods compared to the price stated in the online store www.barefoothedvika.sk, the seller will notify the customer of this fact, who will subsequently have the right to withdraw from the purchase contract.
2.5 Cancellation of the order is possible on the part of the buyer is only accepted before the order is expedited. The buyer can cancel the order in the Customer section on the seller's website, by phone or e-mail. After verifying that the conditions for canceling the order have been met, the seller will confirm the cancellation of the order to the buyer by e-mail or telephone. In the event that the amount for the ordered goods has already been paid, the seller will send without delay the money back to the buyer's bank account or deliver it in another way agreed upon. For withdrawal from the processed order and goods return, pls see section 7 of Terms and Conditions.
2.6 The seller has the right to cancel the order if it is not possible to secure the ordered goods. In such a case, he will immediately return the paid amount to the buyer in full, or offer him replacement goods, or another solution, if the buyer agrees. The seller also has the right to cancel the order if he cannot contact the buyer (incorrectly stated or unlisted contact details, unavailability, ...).

3. PRICES

3.1 The seller is a VAT payer.
3.2 To the basic price of the order is added the price for the transport of goods according to which method of delivery the buyer chooses. The price is derived from the total weight of the ordered goods and the current rate is visible directly in the order (for each mode of transport). Packaging is included in the price of transport.

4. PAYMENTS

4.1 The buyer can pay for the goods by

- bank transfer to the seller's account on the basis of a proforma invoice

- via online bank transfer through payment gate TrustPay (Slovakia and Czech republic only, selection of banks as detailed in Paymnet and shipping section)

- by credit/debit card via payment gate TrustPay (service TrustCard)

- through the PayPal payment gateway (payment from a PayPal account by credit/debit card), surcharge 1,5 euro

For detailed payment information visit https://www.barefoothedvika.sk/en/payment-shipping

4.2 Payment is only possible in EUR.
4.3 The seller sends the tax document (invoice) to the buyer together with the goods.

5. DELIVERY CONDITIONS

5.1 The delivery time for the goods offered by the seller can be calculated as D + Transit Time. D is posting day and transit time is available in section PAYMENT AND SHIPPING  Delivery time may be extended in agreement with the buyer. The seller will inform the buyer by email/phone about the extended delivery time and delivery date when confirming the order. If the announced extended delivery period does not suit the buyer, he has the option to cancel the order in accordance with point 2.5 of these Business Conditions.

5.2 The goods will be shipped immediately after confirmation of the order and after meeting all the conditions for removal from storage. Packages are usually despatched next working day.

For detailed price list and delivery times per country see section PAYMENT AND SHIPPING

 https://www.barefoothedvika.sk/en/payment-shipping

6. DELIVERY OF GOODS

6.1 The seller ensures the transport of goods in a way that the buyer chooses from the options offered in the order
6.2 The place of collection is determined on the basis of the buyer's order. Delivery of the goods to the designated place is considered to be the fulfillment of the delivery.
6.3 The goods are adequately packed and secured. The buyer is obliged to check the integrity of the shipment upon receipt of the goods.
6.4 Together with the goods, the seller will deliver to the buyer an invoice (tax document). The seller will also deliver with the goods the operating instructions and the warranty card if required by the nature of the goods.
6.5 The seller is responsible for the goods only after they have been taken over by the buyer. The goods are considered taken over by the buyer from the time when the buyer confirms the receipt of the goods in writing.
6.6 The seller is not responsible for delayed delivery of the ordered goods to the buyer caused by the carrier. The carrier is fully responsible for damage to the shipment caused by the carrier. Such cases are resolved by the seller by delivering new goods to the buyer after payment of all damages by the carrier.
6.7 In case of greater interest, it may happen that we have a shortage of goods and so we can deliver the goods ordered by you in several packages, while you pay postage and packaging as one package.

7. WITHDRAWAL FROM THE PROCESSED ORDER

7.1 In accordance with the law, the buyer is entitled to withdraw from the processed order without giving a reason (according to the law "from the purchase contract", if the buyer has already taken over the goods) within 14 days from the day of taking over the goods.
7.2 The goods to be returned must be:, a) undamaged, b) complete (including accessories, documentation, ...), c) including the enclosed proof of purchase.
7.3 If the buyer decides to return the goods in accordance with point 7.1 of these Terms and Conditions, he is obliged to:

a) contact the seller with a request to withdraw from the processed order (tel. +421949181779, e-mail: barefoothedvika@gmail.com), state the order number (variable symbol), date of purchase and your account number for refunds,

b) we acknowledge your request via email and afterwards pls send the goods back to the address: Hedvika Svancarova, Mudronova 2387/23, Piestany, ZIP 92101, Slovakia - it is recommended to send the goods by registered mail, insured and use suitable packaging so that during transport there is no description, gluing or other deterioration of the original packaging and the goods themselves (seller is not liable for any loss or damage to the goods during transport).

Do not send us goods without withdrawal request acknowledgment as this will result in nonacceptation and we will follow as per point 7.5 of these T&C. (valid for all orders dated 7.4.2022 onwards)

c) reimburse expenses related to the return of goods (postage, insurance, ...).
7.4 After fulfilling the conditions according to points 7.1 to 7.3 of these Business Conditions and after receiving the returned goods, the seller is obliged to:

a) take back the goods,

b) return to the buyer within 14 days from the date of receipt of the returned goods the full price paid for the goods, except for the shipping/payment fees.

7.5 In case of non-fulfillment of any of the conditions according to points 7.1 to 7.3 of these Business Conditions, the seller will not accept withdrawal from the processed order and the goods will be returned at the expense of the buyer.

8. WARRANTIES AND COMPLAINTS

8.1 The handling of complaints is governed by the warranty conditions of the specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
8.2 The warranty period for all goods offered in the seller's online store is 24 months. Proof of purchase (attached invoice) is always sufficient to exercise the rights arising from liability for defects (complaint). Submission of proof of purchase for the purpose of a complaint is sufficient even if a warranty card has been issued but the customer has lost it.
8.3 The warranty does not cover normal wear and tear of the item (or parts thereof) caused by use.

The seller does not accept liability for defects caused by improper use of the product, or in violation of the instructions for use, including unprofessional intervention in the product, caused by the use of non-original accessories and other causes stated on the warranty card / manual. Defects caused in this way are not covered by the warranty provided.

The seller does not accept responsibility for defects that have arisen:

- mechanical damage caused by the buyer,
- overloading,
- neglect of care of the product,
- inappropriate treatment,
- incorrect handling of the product,
- due to natural changes in the materials from which the goods are made
- as a result of any damage by the buyer or a third party or other incorrect intervention.
8.4 The buyer is obliged to deliver the claimed goods clean, mechanically undamaged, with a copy of the invoice, delivery note. The buyer is obliged to send a description of the defect together with the goods.
8.5 COMPLAINT PROCEDURE:
8.5.1. Let us know as soon as possible (tel. +421949181779, e-mail: barefoothedvika@gmail.com) about a product error.
8.5.2. Send the product back to the address of the seller Hedvika Švančarová, Mudroňova 2387/23, Piešťany, 92101. The shipment must be sent by registered mail. The seller will assess the condition of the returned goods without undue delay.

If you meet all the above conditions for the return of goods, we will send money for the goods and delivery from the buyer to the seller (only in the amount of the cheapest common method of delivery offered by the seller) by transfer to your account no later than 14 working days after withdrawal from the contract.

The buyer is responsible for any reduction in the value of the goods as a result of handling them other than as necessary to determine the nature, properties and functionality of the goods. In the event that the returned goods are damaged, used, worn or incomplete, the operator may return to the customer the purchase price reduced by the value of damage or wear of the goods in the amount of min. 1% of the total price of the goods (in accordance with the relevant provisions of § 457 of the Civil Code).
The buyer has the right to free exchange of goods for the same type of goods or to withdraw from the contract also:
if the goods have a defect which cannot be rectified and which prevents the goods from being properly used as goods without defects
if the buyer is unable to use the goods properly due to the recurrence of a defect after repair or a larger number of defects
if the warranty repair deadline has not been met (within 30 days of receiving the goods for repair).

9. PROTECTION OF PERSONAL DATA

9.1 All personal data provided by customers within the order of goods or customer registration through the online store barefoothedvika.sk are collected, processed and stored in accordance with Act no. 122/2013 Coll. on the protection of personal data (hereinafter referred to as "ZOOÚ"). The provision of personal data occurs when sending an order or registering a customer account, to the extent of the data specified in the order form or registration form.
9.2 By sending the order, resp. by concluding a purchase contract, the customer in accordance with Act. no. 122/2013 Coll. consent of the seller to the processing, collection and storage of his personal data for the purpose of concluding the purchase contract, order processing and related communication with the customer, but also after successful processing of the order for contract performance and record keeping (eg handling complaints, accounting and pod.), until the time of its written expression of disagreement with this processing. Personal data is processed to the extent: name, surname, address, telephone, e-mail. The customer has the right to access their personal data, the right to correct them, including other legal rights to this data. The Seller does not provide, disclose or make available the personal data of customers to any other person, with the exception of companies providing transportation of goods to which personal data of customers are transferred to the minimum extent necessary for the purpose of delivery of goods.
9.3 By registering a customer account via the online store barefoothedvika.sk, the customer agrees that in accordance with Act no. 122/2013 Coll. on the protection of personal data, the seller, or a third party, as an intermediary designated by this company in accordance with the cited law, processed, collected and stored the customer's personal data provided by the customer during his registration. The customer also grants the seller consent to the processing and use of his personal data for promotional and marketing purposes and to the transfer of this data to the seller's business partners for promotional and marketing purposes, and at the same time agrees that the seller and possibly third parties with whom this company has concluded the relevant contractual arrangements to send the customer commercial notices in electronic form, in accordance with Act. No. 147/2001 Coll. on advertising and Act. no. 610/2003 Coll. on electronic communications. Personal data is processed to the extent: name, surname, date of birth, address, telephone, e-mail, gender. The customer has the right to access his personal data, the right to correct them, including other legal rights to this data.
9.4 The Seller does not provide, disclose or make available the personal data of customers to any other person, with the exception of: companies providing transportation of goods to which personal data of customers are transferred to the minimum extent necessary for the delivery of goods (especially Slovenská Pošta). Consent to the processing of personal data and the sending of business information is granted for an indefinite period and can be revoked at any time free of charge by explicit and certain expression in writing addressed to the seller, by mail, telephone or electronic e-mail to barefoothedvika@gmail.com. processing of personal data will also cancel customer registration. According to Act. no. 122/2013 Coll. in relation to the processing of personal data, in particular the following rights:
Upon written request, the customer has the right to request from the seller:
a) confirmation of whether or not personal data about him are processed,
b) in a generally comprehensible form, information on the processing of personal data in the information system to the extent pursuant to § 15 par. 1 letter (a) to (e), second to sixth points; when issuing a decision pursuant to paragraph 5, the person concerned shall be entitled to acquaint himself with the procedure for processing and evaluating operations,
c) in a generally comprehensible form, precise information on the source from which he obtained his personal data for processing,
d) in a generally comprehensible form, a list of his personal data which are the subject of processing,
e) correction or disposal of their incorrect, incomplete or out-of-date personal data which are the subject of processing,
(f) the destruction of his personal data whose purpose of processing has ended; if official documents containing personal data are the subject of processing, it may request their return,
g) liquidation of his personal data, which are the subject of processing, if there has been a violation of the law,
h) blocking of his personal data due to the revocation of the consent before the expiry of its validity, if the controller processes personal data with the consent of the data subject.
The customer has the right to object to the seller on the basis of a written request against:
a) the processing of his personal data which he assumes are or will be processed for the purposes of direct marketing without his consent, and request their destruction,
b) the use of personal data specified in § 10 par. 3 letter (d) for the purposes of direct marketing by post; or
c) the provision of personal data referred to in § 10 par. 3 letter (d) for direct marketing purposes.

10. FINAL INFORMATION

10.1 Supervision over the provision of services is performed by the SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava and the Slovak Trade Inspection, post office 29, Prievozská 32, 827 99 Bratislava.
10.2 These general terms and conditions and all purchase contracts concluded on the basis thereof are governed by the laws in force in the Slovak Republic.

In Piešťany, on March 18, 2020