General Terms and Conditions (GTC)

GENERAL BUSINESS TERMS AND CONDITIONS

of the luxuryfashionstores.sk e-shop

 

Article I

GENERAL PROVISIONS AND DEFINITIONS

1. These General Business Terms and Conditions (hereinafter referred to as the "GBTC") govern the rights and obligations of FASHIONMAN INTERNATIONAL s.r.o.,having its registered office at Mostová 2, 811 02, Business ID: 46 207 678, TAX ID: 2023277839 VAT Registration Number: SK2023277839, registered in the Business Register of District Court Bratislava I., Section: Sro, File No. 73611/B (hereinafter referred to as the „Seller“) and the Buyer when purchasing the goods offered by the Seller through the e-shop on the Internet, https://luxuryfashionstores.sk/ and are an integral part of the Purchase Agreement concluded between the Seller and the Buyer.

The Seller and the Buyer hereafter jointly referred to as ‘the Parties’.

2. Any and all relations between the Seller and the Buyer that are not regulated by these GBTC, if the Consumer is the Party hereto, shall be governed by Act No. 40/1964 Coll. Civil Code, as amended (hereinafter referred to as “Civil Code”), Act No. 250/2007 Coll. Act on Consumer Protection, as amended, and Act No. 102/2014 Coll. on Consumer Protection on the Sale of Goods or Provision of Services based on Distance or Off-Premises Contracts and on amendment and supplement of certain acts as amended. If the Party hereto is a legal entity, the legal relations not regulated by these General Business Terms and Conditions shall be governed by Act No. 513/1991 Coll. Commercial Code as amended.

3. Rights of the Buyer in relation to the Seller arising from Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended and from Act No. 102/2014 Z.Z. on the Protection of Consumers in the sale of goods or provision of services on the basis of a distance contract or a contract concluded off the premises of the Seller (hereinafter referred to as the “Act”) shall remain unaffected by these GBTC.

4. The Buyer is a natural person having the capacity to perform legal acts or a legal entity which showed the interest in purchasing the goods via the online shop and therefore to enter into the Purchase Agreement on the goods offered with the Operator and for this purpose the Buyer duly completed and submitted the binding order with the same electronic shop. The statutory body or the representative shall act on behalf of the Buyer, which is a legal entity. It is an entity registered in the Business Register of the Slovak Republic.

5. The Consumer is a natural person who purchases the goods for his own consumption and shall not act within the business activity when concluding and performing the Consumer Agreement.

6. The Consumer is not the Buyer- a person who acts within the business activity when concluding and performing the Consumer Agreement.

7. The current offer of the goods is available on https://luxuryfashionstores.sk/. In particular, it consists of the name of the goods, its written description, illustrative photography and the current price including VAT. The changes in the current goods offer (including the pricing changes) shall become effective from the moment they are posted on the website https://luxuryfashionstores.sk/. This change shall not apply to purchase agreements concluded prior to the respective change of the current offer. The goods means all products listed on the Seller's website.

8. The Agreement concluded at the distance means the Agreement between the Seller and the Consumer agreed and concluded solely through one or more means of the distance communication without the physical presence of the Seller and the Consumer, especially by using the website, electronic mail, telephone, fax, address letter or the offer catalogue.

9. The Seller's contact details:

 LUXURY

 Laurinská 10, 811 01 Bratislava

 The Slovak Republic

 Telephone: free support line for Slovakia: 0800 100 807

 Mobile: other countries +421 910 716 606, the call fee will be charged according to the conditions set by the operator in the country concerned

 WhatsApp: +421 910 716 606 (LuxuryfashionstoresSlovak)

 E-mail: info@luxuryfashionstores.sk

Supervisory authority:

Slovenská obchodná inšpekcia (SOI) (Slovak Trade Inspection (STI))

Inšpektorát SOI pre Bratislavský kraj

Bajkalská 21/A, P.O.BOX 5

820 07 Bratislava

Odbor ochrany spotrebiteľa (Department of the Consumer Protection)

Telephone number: 02/58 27 2130

 

Article II

ORDER, METHOD OF CONCLUDING THE PURCHASE AGREEMENT, RETURN OF GOODS

1. An order is made if the registered Buyer (consumer, client) puts the selected goods into the shopping cart on the website https://luxuryfashionstores.sk/ and immediately pays for the selected goods by a credit card or bank transfer. If the payment is successful, the Buyer receives a confirmation email with its details (product list, price, shipping costs, total sum, estimated time of delivery, etc.) At the same time, the Buyer enters the shipping address, confirms the order and accepts the wording of this GBTC and data privacy terms.

2. If the Buyer provides incomplete required data or incorrect data, or if the Client's password gets into the hands of unauthorized persons without the Seller's cooperation, in such cases the Seller shall not be liable for damages caused to the Buyer because of the above.

3. Immediately after the order processing, the Buyer shall receive an order confirmation to the email address provided, including the order number, the name and specification of the goods, the size of the goods, the price and the estimated time of delivery. The Buyer shall check the correctness of the order confirmation received. If the Buyer fails to do so, the Seller shall not be liable for the damages incurred. By receiving the confirmation email with confirmation of the Buyer's order and acceptance of payment, the legally binding Purchase Agreement shall take place. As soon as the Seller sends the goods, the Buyer shall be provided with the email enabling the tracking of the shipment delivery.

4. Any change in the order after the conclusion of the Purchase Agreement shall be deemed as the motion to amendment of the Purchase Agreement contents and shall be possible only after the mutual agreement of the Buyer and the Seller. The other Party hereto shall not obliged to accept the amendment of the contents of the Purchase Price.

5. The Seller shall handle the orders in the order in which they are received.

6. The Seller shall reserve the right to cancel the entire order, respectively its part, if the goods are no longer manufactured, supplied or the price of the goods with the Supplier has significantly changed. In such case, the Seller shall immediately contact the Buyer, notify the Buyer of the situation and agree on further action. If the Buyer has paid the purchase price, or its part, to the Seller's account, this amount shall be returned to the Buyer's account without unnecessary delay, but no later than within 14 days to the Buyer's bank account stated in the order, respectively via email.

7. If the goods delivered did not have the required characteristics the Consumer was interested in and which do not correspond with the description provided by the Supplier, the costs for their return and delivery of the goods that correspond to the Agreement as well as any and all related costs shall be borne by the Seller.     

             

Article III

RIGHTS AND OBLIGATIONS OF THE SELLER

  1. The Seller shall:
  1. deliver the goods in the agreed quantity, quality, size and date to the Buyer on the basis of an order confirmed by the Seller and send the goods to the Buyer by the shipping company. At the same time, the Seller shall pack or equip the goods for the transport by the method necessary for their preservation and protection.
  2. hand over to the Buyer, together with the goods in written or electronic form at the latest, all documents necessary for the takeover and use of the goods and other documents prescribed by the valid legal regulations of the Slovak Republic.
  1. The Seller shall have the right to a proper and timely payment of the purchase price from the Buyer for the delivered goods.

 

Article IV

RIGHTS AND OBLIGATIONS OF THE BUYER

  1. The Buyer shall:
  1. take over the goods purchased or ordered;
  2. pay the Seller the agreed purchase price within the agreed maturity period;
  3. confirm the receipt of the goods in the delivery note by his signature or the signature of a person authorized by the Buyer.

2. The Buyer shall have the right to be provided with the goods in the quantity, quality, time and place agreed by the Parties hereto in the binding acceptance of the order.

 

Article V

PURCHASE PRICE

1. The purchase price of the goods offered by the Seller on https://luxuryfashionstores.sk/ is always listed next to the selected goods and is always stated with VAT. At the same time, it is also stated in a confirmation email by which the Seller confirms the Buyer's binding order.

2. The Seller shall reserve the right to change the purchase price (increase / decrease) in the event of changes in legislation, changes in prices from manufacturers or suppliers of goods. Such price adjustment shall not apply to goods already ordered by the Buyer.

3. The day of payment shall be the day on which the entire purchase price was credited to the Seller's account.

4. The Buyer shall pay the Seller the purchase price for the agreed goods within the time limit according to the Purchase Agreement.

5. If the Buyer pays the purchase price for the goods agreed in the Purchase Agreement to the Seller, the Buyer shall be entitled to withdraw from the Purchase Agreement and demand the refund of the purchase price only in accordance with the applicable legislation of the Slovak Republic.

6. All special offers (discounts) are valid while stocks last, unless otherwise specified for a particular product.

7. The purchase price stated by the product does not include shipping charge.

 

Article VI

TERMS OF PAYMENT

  1. Payments are made in EUR by payment in advance solely with a credit or embossed debit card, whereas the Seller accepts „VISA“; „MasterCard“, „Maestro“, “V Pay”, “Diners Club/Discover”, “UnionPay” cards. A payment transfer is made immediately if there is sufficient funds on the Buyer's card. If the Buyer does not have sufficient funds on the card, the transfer will be rejected and the Buyer will be notified without undue delay.
  2. The goods are sent to the Buyer after payment and crediting the entire amount of the goods specified in the electronic order to the Seller's account. All transactions will be encrypted to protect the Client's security.

 

Article VII

ACQUSITION OF GOODS OWNERSHIP AND LIABILITY FOR THE GOODS

1. The Buyer acquires the ownership of the goods only after full payment of the entire purchase price for the goods, including shipping charges stated in the order.

2. The Buyer shall take liability for the goods at the moment of their delivery.

 

Article VIII

TRANSPORT OF THE GOODS TO THE DELIVERY ADDRESS, DELIVERY CONDITIONS

1. The Seller shall send the goods ordered by the Buyer via the electronic shop as soon as possible, but no later than within seven working days of the Seller's receipt of the Buyer's electronic order.

2. The Seller shall send the goods to the address / place of delivery specified by the Buyer in the electronic order through a courier company. The Seller will notify the Buyer of the order by e-mail to the email address stated by the Buyer when placing the order.

3. The courier company shall send the Buyer an email enabling tracking of the delivery of the shipment. Subsequently, the courier company may contact the Buyer via telephone or a text message before delivery of the goods and agree with the Buyer the details of the shipment delivery. If the Buyer fails to accept and authorize another person on the agreed date and time, the Buyer shall be liable for any damage incurred to the Seller and / or to the courier company because of an unsuccessful delivery. In case of the re-delivery of the shipment, all costs are charged to the Buyer.

4. When receiving the goods in the presence of a courier, the Buyer shall check the shipment for any damages that might have been caused during the transport. In case of damage, it is necessary to make a record with the courier company stating the accurate description of the damage. The Seller shall not accept any claims due to damages related to the takeover of the damaged goods with no official record. The Seller shall first check the returned shipment by the Buyer and then the money shall be returned to the Buyer not later than within 14 days if the returned goods meet the required conditions.

5. An undamaged shipment is the shipment in which the undamaged goods are delivered in the original box, with original labels and seal (white cable tie). The courier company shall make a record of delivery of the shipment and receipt of the undamaged goods. Otherwise, a particular courier company shall be liable for any damage caused by improper action by the courier company. If the Buyer fails to return the goods in the original box, with the original labels and seal (white cable tie), the return of the goods shall not be accepted. The Buyer must not cut off the label or the seal (white cable tie tape) when trying on the goods.

6. The Seller delivers the goods in the territory of the Slovak Republic and EU Member States.

7. The Buyer can see the status of the order in an automatically sent email (no reply email). The Buyer can also track it in the Your Order section if logged in to the client account.

 

Article IX

TRANSPORT / DELIVERY FEE

  1. The Buyer who inserts delivery to zone 0 (Slovakia), whose total price of an individual order exceeds EUR 1,000, will not be charged shipping charge.
    Otherwise, if the total price of an individual order is less EUR 1,000, will be charged the shipping charge amounted to 35 EUR.
  2. The Buyer who inserts delivery to zones 1-2-3-6, the total value of the goods NOT IN SALE and the total value of the goods in SALE are calculated:
    • If the total of goods NOT IN SALE is greater than or equal to the total of goods in SALE, then:
      • if the total price of the goods NOT IN SALE is greater than or equal EUR 1,000, the buyer will  not be charged shipping charge, otherwise if the total price of the goods NOT IN SALE is less than EUR 1,000, the shipping charges are 35 €.
    • If the total of goods SALE is greater than the total of goods in NOT IN SALE, then:
      • shipping costs are calculated on the total average weight of all items in the cart, using the table below (the "weight up to" is "less" and not "less or equal", so for example 2 Kg in zone 3 are 57 €).
    • Table Transport / Delivery Fee:
    • ZONE 1 2 3 6
      WEIGHT UP TO Kg  
      0,50 42,00 43,00 44,00 57,00
      1,00 45,00 46,00 47,00 66,00
      1,20 48,00 49,00 50,00 71,00
      2,00 51,00 52,00 53,00 75,00
      2,50 54,00 55,00 57,00 80,00
      3,00 57,00 58,00 60,00 84,00
      3,50 59,00 61,00 63,00 95,00
      4,00 62,00 64,00 66,00 99,00
      4,50 65,00 67,00 70,00 104,00
      5,00 68,00 70,00 73,00 108,00
      6,00 69,00 76,00 80,00 118,00
      7,00 75,00 82,00 87,00 128,00
      8,00 80,00 88,00 93,00 138,00
      9,00 87,00 94,00 100,00 148,00
      10,00 94,00 97,00 102,00 158,00
      Over 94,00 97,00 102,00 158,00

      Zone 0: SLOVAKIA
      Zone 1: AUSTRIA, BELGIUM, DENMARK, FRANCE, GERMANY, ITALY, LUXEMBOURG, HOLLAND - NETHERLANDS, UNITED KINGDOM, SAN MARINO
      Zones 2: ESTONIA, FINLAND, IRELAND, LATVIA, LITHUANIA, POLAND, PORTUGAL, CZECH REPUBLIC,  SLOVENIA, SPAIN, SPAIN - BALEARIC ISLANDS, SWEDEN, HUNGARY
      Zones 3: BULGARIA, CYPRUS, CROATIA, GREECE, MALTA, ROMANIA
      Zone 6: CORSICA

  3. In case of withdrawal from the agreement or a claim, shall send the goods to the following address: LUXURY, Laurinská 10, 811 01 Bratislava, Slovakia.

 

Article X

WARRANTY TERMS AND CONDITIONS

1. The Buyer is provided with a standard warranty in accordance with a general regulation for the delivered goods, which starts to run on the day the goods are delivered (handed over) to the Buyer.

2. The purchased goods are delivered to the Buyer together with the invoice (or other tax document), which also serves as a certificate of warranty.

3. Only goods purchased from the Seller and paid in the whole purchase price can be claimed.

4. When making a claim, the Buyer is obliged to deliver clean, undamaged goods, including required documents (Claim Sheet) to the Seller.

5. The Seller shall not accept the claim if the Buyer has used the goods in another way than necessary and for what the goods are intended for, and also if the goods are not in the same condition as the Buyer received them; also the Seller shall not accept the claim of damaged goods (e.g. fashion footwear as defined in STN (Slovak Technical Norm) EN ISO 19952, Footwear, Dictionary is "footwear that is not designed and is not produced for normal wear and which favors fashion style").

 

Article XI

CIRCUMSTANCES EXCLUDING LIABILITY AND IMPOSSIBILITY OF PERFORMANCE (VIS MAYOR)

 1. The Seller shall not be liable for the impossibility of performance in case of occurrence of situations due to force majeure. These are the events that the Seller could not have anticipated, prevented, averted even with the utmost professional care, independent of the Seller’s will. Such events include strike and other protests, civil unrest, rebellion, terrorist attacks, war. Natural disasters such as fire, storm, earthquake, windstorm, hurricanes, explosions, but also legislative changes, etc.

2. If such situation occurs, the Buyer and the Seller shall inform each other.

3. The occurrence of unexpected technical or logistical failures releases the Seller from the agreed obligations. The Seller shall return all received payments without undue delay in the same way as the Buyer sent them.

 

Article XII

VIRUSES, MALWARES, REMOTE ATTACKS AND INTELLECTUAL PROPERTY

 1. The Seller / Operator https://luxuryfashionstores.sk/ shall not be liable for any attack on the Buyer's device caused by hacking attacks, especially such an attack that would result in the payment of the goods to a third party, not to the Seller.

2. At the same time, the Seller informs that any attack, passive or active, on the website https://luxuryfashionstores.sk/ by any third party shall be resolved in accordance with the relevant legislation in cooperation with the relevant institutions.

3. The Operator https://luxuryfashionstores.sk/ reserves the right to withdraw from the security guarantee in case of an attack on the server of the Operator's e-shop by an unknown perpetrator (hacker).

4. The Buyer or another user undertakes not to infringe the intellectual property rights of the Seller related to the website in question: https://luxuryfashionstores.sk/. The Seller informs that intellectual property is subject to legal protection.

 

Article XIII

CONSUMER PROTECTION AND CLAIM AND RETURN POLICY

1. Under Section 52 Subsection 4 of the CC, the procedure of the Buyer, i.e. the consumer, shall be governed by Sections 619 to 627 of the CC, by Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses, as amended, and the Act.

2. Pursuant to Section 52 Subsection 3 of the CC, the procedure of the Buyer who is not a consumer shall be governed by Sections 422 to 442 of Act No. 513/1991 Coll. Commercial Code.

3. The warranty period shall commence upon receipt of the goods by the Buyer. The warranty period shall be extended by the period during which the goods were under warranty repair. In case of replacement of the goods, a new warranty period shall commence. The warranty shall not cover damage due to the improper use of goods, inadequate or inappropriate treatment, due to natural changes in materials from which the goods are made, improper storage or handling clearly leading to product damage, most commonly falling, or any damage by the Buyer or third person.

4. The right to warranty shall also expire if the defect was caused by mechanical damage to the product caused by the Buyer, by using the goods under the conditions that do not correspond due to their moisture, chemical and mechanical influences to the natural environment of the goods, neglecting care of the goods, damage to the goods caused by excessive loading or use or by using the goods contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations or other breach of warranty conditions, damage to goods by unavoidable and / or unforeseeable events, damage to goods by accidental damage and accidental deterioration, unprofessional interference, transport damage, water, fire, static or atmospheric electricity damage or by force majeure, and damage to the goods by the unauthorized person. The warranty shall not apply to normal wear and tear of things (or their parts) caused by their use. Therefore, a shorter product life cannot be considered a defect and cannot be claimed.

5. When purchasing a product, it is necessary that the Buyer is informed by means of appropriate documents about the specific category of the product and thus avoid unjustified claims.

6. The Seller is obliged to duly inform the Consumer about the scope, conditions and method of claiming in the Claim and Return Policy of the e-shop. In case of the e-shop, the claim may be filed in writing or via electronic mail. The claim shall contain the following information, in particular:

  1. who submits the claim (name, surname, permanent address);
  2. the subject of the claim, or what the Buyer demands;
  3. to whom the claim is addressed;
  4. the Buyer's account to which the price of the claimed goods is to be returned;
  5. date of filing the claim;
  6. signature of the Buyer or Authorized Person together with the authorization.

Form for filing a claim: https://www.luxuryfashionstores.sk/_cms/img/sk_reclamo.pdf

7. The claimed claimed goods must be complete. The Buyer shall bear the risk of damage to the goods that are the subject of the claim until the moment of acceptance of the goods by the Seller, except for the time of transport of the goods. The Buyer is obliged to describe the claimed defect as accurately as possible. If the claim does not include the above matters, it shall be deemed unjustified and therefore not accepted.

8. The defect of goods and claims resulting from defects of the goods must be asserted by the end of the warranty period. Upon expiry of the warranty period, the right to file a claim shall expire. Only goods purchased from the Seller and paid in the full purchase price can be claimed.

9. The Seller shall reserve the right not to accept the goods sent by the Buyer cash on delivery.

10. The handling of claims is subject to the applicable Claim and Return Policy. By sending the order to the Seller, the Buyers confirm that they were duly informed about the conditions and method of claiming the goods, including information on where the claim can be filed and about the performance of warranty repairs in accordance with Section 18 of Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended and the Act.

11. The Claim and Return Policy shall apply to the goods purchased by the Buyer from the Seller on the website https://luxuryfashionstores.sk/.

12. The Claim and Return Policy in this form shall be applicable for all business cases, unless other warranty terms and conditions are agreed in the Agreement.

13. The Buyer shall have the right to claim a warranty from the Seller only for the goods that show defects caused by the manufacturer, supplier or Seller; not the courier company.

14. The Buyer shall inspect the goods upon receipt of the goods.

15. During the warranty period, the Buyer shall have the right to remove the defect free of charge after submitting the goods, including accessories, documentation and instructions to the authorized representative of the Seller, together with the warranty certificate and receipt.

16. If the Consumer finds out that the item has a defect, the Consumer shall not use the item anymore and shall file a claim with the Seller without undue delay, otherwise the Buyer's right against the Seller to remove the defect free of charge shall expire.

17. The Seller or a person authorized by the Seller shall issue a confirmation of the claim of the goods in an appropriate form chosen by the Seller to the Buyer in which the Buyer shall accurately indicate the defects on the goods in accordance with the Act and inform the Consumer on his rights arising from Sections 622 and 623 of the CC. If the claim is filed by means of the long-distance communication, the Seller shall deliver the confirmation of the claim immediately to the Buyer, although at the latest together with the proof of claim handling; the claim confirmation does not need not be delivered if the Buyer has the opportunity to prove the claim otherwise.

18. Based on the Buyer's decision, which he exercises from his rights under Sections 622 623 CC, the Seller or a person authorized by the Seller shall determine the method of handling the claim under the Act no later than 30 days from the date of commencement of the claim procedure. After the expiry of the period for settling the claim, the Consumer shall have the right to withdraw from the Agreement or the right to exchange goods for the new goods. The Seller shall inform the Buyer of the end of the claim procedure and the outcome of the claim in writing, respectively by email to the addresses specified by the Buyer in the Claim Sheet.

19. The Buyer shall not be entitled to claim warranties for defects of which he was notified by the Seller at the time of the conclusion of the Agreement or of which the Buyer must have been aware of under the circumstances the Purchase Agreement was concluded.

20. The Seller shall reserve the right to replace defective goods with other similar goods with comparable technical parameters.

21. The Seller shall handle the claim and end the claim procedure in one of the following ways:

  1. by handing over the repaired goods;
  2. replacement of the goods;
  3. refund of the purchase price;
  4. by paying a reasonable discount on the price of the goods;
  5. by reasoned rejection of the goods.

22. The Seller shall issue a written document to the Buyer no later than 30 days from the date of filing the claim through the postal service provider or via email communication on the way of determining the method of handling the claim and on handling the claim.

23. In case of replacement of the goods, the Buyer shall receive a document stating the replaced goods and any other claims shall be filed based on the original delivery note and this claim document. In case of replacement of goods, the warranty period shall commence again from the receipt of the new goods, but shall apply only to the new goods.

24. For the purposes of the claim, the occurrence of one removable defect more than three times is considered as a repeated and removable defect.

 

Article XIV

ALTERNATIVE SETTLEMENT OF CONSUMER DISPUTES

1. Pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution (hereinafter referred to as “ADR”) and on amendments to certain acts, if the Buyer is not satisfied with the way in which the Seller settled his claim or believes that the Seller violated the Consumer's rights, the following shall apply:

2. The Consumer shall have the right to file a motion to initiate an alternative consumer dispute resolution (hereinafter referred to as "the motion") to ADR, if the Seller, upon request pursuant to Subsection 1 refused the request or did not respond within 30 days of the date of shipment.

3. The parties to the dispute shall cooperate with the ADR entity and to provide it with the necessary cooperation to achieve a rapid and efficient ADR.

4. The list of legal entities entitled to alternative resolutions is kept by the Ministry of Economy of the Slovak Republic. The list of authorized entities is available at: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

5. In the event of a cross-border dispute, the Consumer shall have the right to contact the European Consumer Center: http://ec.europa.eu/consumers/odr/

 

Article XV

WITHDRAWAL FROM THE PURCHASE AGREEMENT AND RETURN CONDITIONS

1. The Seller shall be entitled to withdraw from the Purchase Agreement in case and due to the sellout of stock, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the Purchase Agreement, discontinued the production or made such serious changes that prevented the Seller from fulfilling of its obligations arising from the Purchase Agreement or due to force majeure if even with all reasonable efforts to do so, the Seller is unable to deliver the goods to the Buyer within the period specified by these Terms and Conditions or at the price specified in the online store. The Seller shall immediately inform the Buyer of this fact and refund the already paid purchase price for the goods agreed in the Purchase Agreement within 14 days from the notice of withdrawal by transfer to the Buyer's account, who is obliged to provide it to the Seller.

2. The Buyer, if the Buyer is the Consumer, is entitled to withdraw from the Purchase Agreement within 14 days from the takeover of goods under Section 7 of the Act from the date of takeover of the goods without giving any reason. In case of goods sealed in protective packaging within the meaning of Section 7 Subsection 6 e) of the Act, the Consumer cannot withdraw from the agreement. After the expiry of the statutory period, the Seller must not accept the withdrawal from the Agreement. Agreement Withdrawal Form: https://www.luxuryfashionstores.sk/en/c_13/form-reclamo

3. If the consumer withdraws from the contract, he shall bear the costs of returning the goods to the Seller pursuant to § 10 par. 3 of the Act, and if he withdraws from a distance Purchase Agreement, the cost of returning the goods also, which, by their nature, cannot be returned by post.

4. In the event of withdrawal from the Purchase Agreement of the Buyer, the Buyer is obliged to complete the PRODUCT RETURN FORM first, which can be found on the web link mentioned in point 2 of this article, resp. Is also on the e-shop website. The Buyer is obligated pack the goods together with the accessories including the order number, the completed return form, documentation, instructions, and certificate of warranty, receipt and original packaging including original labels, seals (white cable ties) so that the goods are not damaged during transport. The Client is obliged  to make sure that the box in which he packed the goods is solid and in good condition. The Client is advised not to use boxes that are too large for the goods because the risk of damaging is high in this case. The package  must be covered with a suitable adhesive tape in the H taping method on the top and bottom. The Client is obliged to send the prepared and packed goods back to the Seller no later than 14 days from the date of withdrawal. If the Buyer fails to comply with the above procedure, the Seller will not accept the withdrawal.

5. The Seller shall reserve the right not to accept the goods sent cash on delivery.

6. Buyers are advised to send the goods by courier. If the goods are sent by postal service, it is recommended to send the parcel by registered item and insure it. The Seller bears no responsibility for any damage or loss of goods upon return delivery. The Buyer shall bear the cost of the return in the event of withdrawal from the Purchase Agreement as set out in point 3 of this Article. The Buyer is obliged to send the goods to the following address: LUXURY, Laurinská 10, 811 01 Bratislava, Slovakia.

7. The timely withdrawal of an order or withdrawal from the Purchase Agreement is effective on the day of its delivery to the Seller. By withdrawing from the Purchase Agreement by the Buyer, the Agreement shall be canceled in its entirety.

8. If the Buyer withdraws from the Agreement and delivers the goods to the Seller wich are not used, are in the original packaging and are not damaged or incomplete, the Seller shall return to the Buyer already paid purchase price for the goods stated in the binding acceptance of the order within 14 days from the delivery of the withdrawal from the Agreement by wire transfer to the Buyer's account specified by the Buyer.

9. The Seller shall return payments to the Buyer in the same way the Buyer used in his payment. However, the Buyer and the Seller shall have the right to agree on another payment method.

10. The Seller shall not return the payments to the Buyer before the goods are delivered to the Seller upon withdrawal from the Agreement, subject of which is the sale of the goods.

11. The Seller is entitled to withdraw from the Purchase Agreement primarily due to the following reasons:
i. if the Buyer fails to accept the ordered goods from the courier company within the agreed deadline for reasons other than those on the Seller's side;
ii. if, despite all the efforts of the Seller that may be required of the Seller, the Seller is unable to deliver the goods, in particular because the goods have been sold out, is no longer manufactured or delivered and is not within the Seller's ability to provide the goods otherwise;
iii. if the price at which the Seller purchases the goods has changed significantly.

12. The withdrawal from the Agreement by the Seller does not cancel the Seller's claim for damages consisting in costs incurred in connection with the unsuccessful attempt to deliver the goods to the Buyer.

13. The Seller shall be entitled to satisfy any of its claims against the Buyer from the funds paid by the Buyer and to return to him the amount reduced by these claims.

14. If the Buyer fails to fulfill any of the obligations set forth in this Article hereof, the withdrawal from the Purchase Agreement shall not be valid and effective and the Seller shall not obliged to return the purchase price to the Buyer and at the same time the Seller shall be entitled to reimbursement of the costs associated with sending the goods back to the Buyer.

 

Article XVI

FINAL PROVISIONS

1. The Seller shall reserve the right to amend these General Business Terms and Conditions. The obligation to inform about any amendments in these General Business Terms and Conditions in writing is fulfilled by placing it on the Seller's e-shop website.

2. When purchasing through https://luxuryfashionstores.sk, the Buyer is expected to have knowledge of the technical possibilities of the Internet and acceptance of technology-related potential problems.

3. The Seller shall not be liable for damages caused by a wrong connection on the website https://luxuryfashionstores.sk.

4. The Seller may change the goods on its website https://luxuryfashionstores.sk at any time without prior notice.

5. If any provision of these General Business Terms and Conditions is or becomes invalid, ineffective and / or unenforceable, this shall not affect the validity, effectiveness and / or enforceability of the other provisions of these General Business Terms and Conditions, unless it is excluded by the nature of such a provision in terms of the relevant legislation. The Parties hereto undertake, without undue delay, as soon they find out that any of the provisions of the Purchase Agreement or the provisions hereof is invalid, ineffective and / or unenforceable, to replace the provision in question with a new provision in force, the contents of which will fulfill the original provision.

6. These General Business Terms and Conditions come into effect against the Buyer by concluding the Purchase Agreement.

7. The Parties hereto agree that all disputes arising between them from the legal relations under the Agreement shall be resolved in the form of a conciliation.

8. By sending an electronic order to the Seller, the Buyer also confirms his unconditional consent to the Seller's General Business Terms and Conditions.

 

In Bratislava, on 01.10.2020

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