Notice:

The ordering system accessible on the supervysivka.sk website is not an electronic store in which orders are processed automatically (it applies to products that are not available in stock and for which the customer determines the parameters of their production).

Your order is considered a non-binding proposal to conclude a contract (see point 1.6 below).

Due to the specific and unique nature of the manufactured products, the acceptance of your order must be completed by our staff after its review (see point 1.7 below).

The contract for the delivery of goods is concluded only after you receive a binding order from us, which you accept after reviewing and completing your order (see point 1.8 below).

1. General provisions

1.1. The order system is a web application designed for placing orders accessible through the website www.supervysivka.sk (hereinafter referred to as the "order system")

1.2. These General Terms and Conditions regulate the legal relations between the supplier and the consumer when concluding contracts through electronic commerce. The rights and obligations of the customer, which are not expressly regulated in these GTC, are mainly governed by the following legal regulations of the Slovak Republic in their valid and effective wording:

- Law no. 40/1964 Coll. Civil Code. (hereinafter referred to as OZ).

- Law 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 seller's premises and on the amendment of certain laws. (hereinafter Act No. 102/2014 Coll.)

- Law 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.

- Law no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment and supplementation of certain laws as amended by Act no. 284/2002 Z.

- Law no. 122/2013 Coll. on the protection of personal data and the amendment of some laws

- Law no. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws.

1.3. The operator of the ordering system and website is the company:

X – HOUSE studio, s.r.o., with registered office at Bretejovce 180, 082 03 Bretejovce

ID: 52826309

VAT number: 2121154673

VAT number: SK 2121154673

Registered in the commercial register kept at the Prešov District Court, section: Sro, insert no.: 39562/P

Acting on behalf of the company: Ing. Zuzana Mitróová, PhD.

Address for delivery: Bretejovce 180, 082 03 Bretejovce

phone Contact: 421 948 238 643

email: info@supervysivka.sk

(hereinafter referred to as "the company")

1.4. Consumers are understood as any natural person who uses the ordering system for the purpose of receiving goods, while not doing so in connection with the performance of their business activity.

1.5. Supplier means the operator of the ordering system, company X – HOUSE studio, s.r.o

1.6. Order is a non-binding proposal for concluding a contract, addressed by the consumer to the supplier through the order system form, by which the consumer expresses interest in concluding a contract for the supply of goods. The order system form is called up by the user (consumer) by clicking on the "I'm interested" button.

1.7. A binding circular is a form issued by the supplier, which is marked as such, and contains: identification of the ordered goods (description of goods and form of embroidery, data on the number, size and type of embroidery included in the product, delivery address, and other specifications on which the consumer and the supplier have agreed individually.This form needs to be confirmed by the consumer.

1.8. Binding acceptance is the confirmation of a binding order by the consumer, which leads to the conclusion of the Contract on the production of the item to order.

1.9. The order confirmation is a form issued by the supplier, which is marked as such, and contains: identification of the ordered goods (description of the goods and form of embroidery, data on the number, size and type of embroidery included in the product, delivery address, and other specifications on which the consumer and the supplier have agreed individually.This form does not need to be confirmed.

1.10. The contract for making things to order is:

- Contract for work concluded according to § 631 et seq. and § 633 et seq. OZ, if the goods are to be manufactured according to the specific requirements of the consumer.

1.11. The body of supervision and supervision over the operator is the Slovak Trade Inspection.

SOI Inspectorate for the Košice Region

Vrátna 3, PO BOX A-35, 040 65 Košice 1

Department of Supervision

phone number 055/622 07 81

fax no. 055/622 45 47

2. Sending the order

2.1. No special registration is required for placing orders for goods through the ordering system.

2.2. In order to place an order, it is necessary to provide a real name, surname and e-mail address and to agree to these GTC.

2.3. By filling out the order form, the consumer gives the supplier consent to the processing of personal data for the purpose of processing the order as well as concluding a contract for the supply of goods and the delivery of goods.

2.4. The consumer is responsible for the accuracy and truthfulness of the data that he provides to the supplier when placing the order as well as during further communication.

2.5. If the subject of the order is custom-made goods and according to the specific requirements of the consumer, the order can be canceled free of charge until the deposit is paid at the latest. After paying the advance payment, the consumer can cancel the order in accordance with Art. 11 of these GTC.

3. Binding order confirmation

3.1. After completing the order with the assistance of the supplier's employee, the consumer receives a binding order from the supplier.

3.2. The contract for the production of things to order between the consumer and the supplier, the subject of which is the goods listed in the binding order, is concluded at the moment of its acceptance.

3.3. The binding order must be accepted by the consumer in one of the following ways, namely:

3.3.1. by sending a message confirming the content of the binding order (e.g. Yes, I agree, etc.) to email contact address of the supplier listed in these GTC, or to the address from which the binding order was sent to the consumer.

3.3.2. by paying the advance payment to the supplier's account, which is indicated in the advance invoice.

3.4. After the consumer accepts the binding order and concludes the contract for making the item to order, he receives an order confirmation form from the supplier. This form serves as a confirmation of the conclusion of a contract for the production of an item to order.

4. Payment terms

4.1. When making payments, enter the correct variable symbols according to the invoice.

4.2. It is possible to pay for the ordered goods

4.2.1. By transfer to the account

4.2.2. Cash on delivery

4.2.3. Payment to the courier

4.3. Advance payment. In the case of some goods, especially custom-made goods, the supplier may require an advance payment. In such a case, the consumer, regardless of the chosen payment method, will pay the advance payment to the supplier's account within 15 days from the date of confirmation of the order and receipt of the advance invoice, otherwise the order will be cancelled. The consumer will be informed of the need for an advance payment in advance before the binding order is sent, and the need for an advance payment will also be indicated in the order confirmation.

5. Sending goods for transport

5.1. Deadlines for sending goods

5.1.1. The goods that are in stock will be sent by the supplier for transport to the consumer within 3 working days at the latest

5.1.2. The goods that are in the external warehouse will be sent by the supplier for transport to the consumer within 7 working days at the latest, unless otherwise stated for the specific goods.

5.1.3. The goods that need to be produced, i.e. goods made to order, will be sent by the supplier for transport to the consumer within 30 working days at the latest, from the confirmation of the order and the payment of the advance payment, unless otherwise stated for the specific goods, or otherwise agreed upon.

5.2. The deadline for sending goods that are already in stock begins depending on the payment method chosen by the consumer. When paying:

5.2.1. By bank transfer or payment card, the period begins to run from the day the payment is credited to the supplier's account, if the payment was credited to the supplier's account by 4:00 p.m. Otherwise, the period begins to run on the following business day;

5.2.2. The period for cash on delivery or payment to the courier starts from the day of order confirmation, if the order confirmation was made before 4:00 p.m. Otherwise, the period begins to run on the following business day;

6. Delivery of goods

6.1. Depending on the consumer's choice, the ordered goods are delivered by post, external couriers or can be picked up in person after agreement with the supplier. The consumer will be informed by e-mail about the delivery of the goods to the delivery person and the procurement of transport, or the possibility of picking up the goods.

6.2. The date and price of the delivery of the goods are governed by the current price lists of the external partner whose service the consumer agreed with the supplier. The consumer is informed about the price and delivery date as part of the communication with the supplier's employees.

7. Liability for product defects

7.1. The supplier is responsible for product defects according to § 619 et seq. of the Civil Code.

7.2. The warranty period for the purchased goods is 24 months, if the supplier did not specify a longer warranty period in the warranty letter. The warranty period starts from the day the consumer receives the goods. The time from the exercise of the right from liability for defects to the time when the consumer was obliged to take over the item after the repair is completed is not included in the warranty period. If the goods are exchanged, the warranty period starts again after receiving the new goods (§ 627 of the Civil Code).

7.3. If it is a defect that can be removed, the consumer has the right to have it removed free of charge, on time and properly.

7.4. Instead of removing the defect, the consumer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not incur disproportionate costs for the supplier in view of the price of the goods or the severity of the defect.

7.5. The supplier can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the consumer.

7.6. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the consumer has the right to exchange the item or withdraw from the contract. The same rights belong to the consumer if the defects can be removed, but due to the reappearance of the defect after repair or due to a larger number of defects, it is not possible to use the item properly.

7.7. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item.

7.8. The supplier is not responsible for:

7.8.1. Mechanical damage to goods

7.8.2. Normal wear and tear of the goods (natural wear and tear, e.g. fabric wear)

7.8.4. Depreciation of goods caused by improper care

8. Complaints

8.1. Complaint means the exercise of the right from liability for defects in goods or services.

9. Withdrawal from the contract by the consumer

9.1. By withdrawing from the contract, the contract is canceled from the beginning.

9.2. From the moment of concluding the contract, the consumer has the right to withdraw from the concluded contract, even without giving a reason, up to 14 days from the day of delivery of the goods (i.e. from the physical acceptance of the goods by the consumer), if the supplier properly and timely informed him of this right in accordance with § 3 par. 1 letter h) Act No. 102/2014 Coll. Otherwise, the consumer has this right until the expiration of a period of 14 days from the date on which the supplier informed him about the possibility of withdrawal from the contract in accordance with the law. If the consumer was not informed at all about the possibility of withdrawing from the contract within 14 days from the day of receiving the goods, he has the option to withdraw within 12 months and 14 days from the day of receiving the goods.

9.3. In connection with contracts for the supply of goods that are concluded through electronic commerce, the consumer cannot withdraw from the contract if:

9.3.1. the goods were made according to the special requirements of the consumer, the goods were made to measure, or were specifically intended for one consumer

9.3.2. these are goods which, due to their nature, may be inseparably mixed with other goods after delivery.

Info: The specified cases when it is not possible to withdraw from a contract concluded remotely are listed in these GTC taking into account contracts that can be concluded through our electronic ordering system. Law no. 102/2014 Coll. also recognizes other cases.

9.4. The right to withdraw from the contract can be exercised by the consumer against the supplier in writing or by writing on another durable medium (e.g. email) to the supplier's addresses listed in Art. 1.3. of these GTC. The consumer can also exercise the right by sending the completed contract withdrawal form, which was delivered to the consumer by e-mail, to the indicated address.

9.5. After sending the form for withdrawing from the contract, or in the case of a written withdrawal together with the form, the consumer sends to the supplier at his own expense all the delivered goods from which he withdraws from the purchase, to the address: Krivá 23, 040 01 Košice. After prior agreement with the supplier, it is possible to return the goods in person at the given address.

9.6. The consumer is obliged to send the goods back or hand them over to the supplier or a person authorized by the supplier to take over the goods no later than 14 days from the date of withdrawal from the contract. The period of 14 days is considered to be observed if the consumer hands over the goods for transport to the supplier on the last day of the period.

9.7. The supplier is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from him on the basis of the concluded contract or in connection with it, including the costs of transport, delivery and postage and other costs, and fees.

9.8. When withdrawing from the contract, the consumer bears the costs of returning the goods to the supplier or the person authorized by the seller to take over the goods. If, due to its nature, the goods cannot be returned by post, the buyer also bears these return costs.

Recommendation:

In case of withdrawal from the contract, we recommend sending the returned goods to our address by post in a plastic envelope as an insured letter together with the original invoice.

9.9. In case of withdrawal from the contract, the subject of which is the sale of goods, the supplier is not obliged to return the payments to the consumer according to paragraph 9.7 before the goods are delivered to him or until the consumer proves that the goods have been sent back to the supplier, unless the supplier proposes to pick up the goods personally or through him authorized person.

9.10. The consumer is responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.

10. Cancellation of a custom order

10.1. In the event that the subject of the order was goods for which it is not possible to withdraw from the concluded contract according to point 10.3 of these GTC, the consumer may cancel the order free of charge within 24 hours. from its confirmation, under the condition of reimbursement of the supplier's purposefully incurred costs.

10.2. Until the completion of the work, the consumer may withdraw from the contract; however, he is obliged to pay the contractor the amount that corresponds to the work already performed, unless the contractor cannot use the result in another way, and to compensate him for the costs incurred.

11. Withdrawal from the contract by the supplier due to impossibility of performance.

11.1. The supplier reserves the right to withdraw from the concluded contract if in the meantime the ordered goods are unavailable from the external supplier. The supplier informs the consumer about this fact without undue delay.

11.2. In case of withdrawal from the contract by the supplier, advance payments received will be returned to the consumer in the same way as the supplier received them.

11.3. This article does not affect the supplier's rights to withdraw from the contract, which he may have as a creditor according to the Civil Code (OZ).

12. Alternative dispute resolution

12.1. Any disputes between the supplier and the consumer can also be resolved according to Act no. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to some laws. You can get more information at https://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi

12.2. The consumer has the right to contact the supplier with a request for redress (by e-mail to the address info@supervysivka.sk) if he is not satisfied with the way in which the supplier handled his complaint or if he believes that the seller has violated his rights. If the supplier responds negatively to this request or does not respond to it within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll.

12.3. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The proposal can be submitted by the consumer in the manner determined according to § 12 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk.

12.4. The entity that is legally responsible for the alternative resolution of disputes between the consumer and the supplier arising from the contracts concluded in accordance with these GTC is:

Slovak Trade Inspection

Subject seat: Prievozská 32, 827 99 Bratislava 27

ID: 17 33 19 27

Address for document delivery:

Slovak Trade Inspection

central inspectorate

Department for International Relations and Alternative Resolution of Consumer Disputes

Prievozská 32, pp. 29

827 99 Bratislava 27

Address for submitting submissions in electronic form:

ars@soi.sk

adr@soi.sk

Tel.:

421 2 582 72 123, 421 2 582 72 141

Fax:

421 2 534 14 996

12.5. The consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.

12.6. Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of EUR 5 including VAT.

13. Protection of personal data

13.1. In accordance with Act no. 122/2013 Coll. on the protection of personal data is considered to be the operator of the information system and the consumer is considered to be the affected person.

13.2. In order to fulfill the obligations from the contracts for the supply of goods, the supplier processes the personal data of the affected persons according to § 10 par. 3 letters b) Act No. 122/2013 Coll. on the protection of personal data. Obtained personal data about consumers is provided to third parties for the purpose of ensuring the delivery of goods, namely: Slovak Post, Courier, Packeta. For the purposes of issuing invoices, personal data is provided to an external accountant.

13.3. Based on the consumer's consent, the consumer's personal data may also be processed for direct marketing purposes. Such consent can be revoked by the consumer at any time by delivering the revocation to the address specified in point 1.3 of these GTC.

13.4. The supplier processes personal data in the scope of: Name, Surname, Title, date of birth, address of permanent residence, delivery address, e-mail address, telephone contact.

13.5. According to § 28 of Act no. 122/2013 Coll. on the protection of personal data, in particular the following rights:

13.5.1. The affected person has the right to demand from the operator on the basis of a written request

a) confirmation of whether or not personal data about her are processed, b) information in a generally comprehensible form about the processing of personal data in the information system to the extent according to § 15 par. 1 letter a) to e) second to sixth points of Act no. 122/2013 Coll., c) in a generally comprehensible form, accurate information about the source from which he obtained her personal data for processing, d) in a generally comprehensible form, a list of her personal data that is the subject of processing, e) correction or disposal of their incorrect, incomplete or out-of-date personal data that is the subject of processing, f) liquidation of her personal data, the purpose of which has ended, g) liquidation of her personal data that is the subject of processing, if there has been a violation of the law, h) blocking of her personal data due to withdrawal of consent before the expiration of its validity period, if the operator processes personal data based on the consent of the person concerned.

13.5.2. The right of the person concerned according to point 13.5.1 letter e) and f) can be limited only if such a limitation results from a special law or its application would violate the protection of the person concerned, or the rights and freedoms of other persons would be violated.

13.5.3. Based on a written request, the affected person has the right to object to the operator:

a) the processing of her personal data, which she assumes are or will be processed for the purposes of direct marketing without her consent, and to request their liquidation, b) the use of personal data for the purposes of direct marketing in postal communication, or c) the provision of personal data for the purposes of direct marketing.

13.5.4. Based on a written request or in person, if the matter cannot be delayed, the affected person has the right to object to the processing of personal data at any time by the operator in cases according to § 10 par. 3 letters a), e), f) or g) of Act no. 122/2013 Coll. by stating legitimate reasons or presenting evidence of unauthorized interference with its rights and interests protected by law, which are or may be damaged in a specific case by such processing of personal data; if this is not prevented by legal reasons and it is proven that the objection of the person concerned is justified, the operator is obliged to block and dispose of the personal data, the processing of which the person concerned has objected, without undue delay and dispose of them immediately, as circumstances allow.

13.5.5. The affected person, based on a written request or in person, if the matter cannot be delayed, further has the right to object to the operator at any time and not to submit to a decision of the operator that would have legal effects or a significant impact for him, if such a decision is issued solely on the basis of the actions of automated processing of his personal data. The affected person has the right to ask the operator to review the issued decision using a method different from the automated form of processing, while the operator is obliged to comply with the affected person's request. The operator informs the affected person about the method of examination and the result of the finding within the deadline according to § 29 par. 3 of Act No. 122/2013 Coll. The person concerned does not have this right only if it is provided for by a special law in which measures to ensure the legitimate interests of the person concerned are regulated, or if, within the framework of pre-contractual relations or during the existence of contractual relations, the operator issued a decision complying with the request of the person concerned, or if based on the contract, the operator has taken other appropriate measures to ensure the legitimate interests of the person concerned.

13.5.6. In order to exercise their rights, the affected person can contact the operator at the addresses listed in point 1.3. of these GTC, namely:

a) in writing and from the content of her request, it follows that she is exercising her right, the request is considered to have been submitted; a request submitted by e-mail or fax shall be delivered by the person concerned in writing no later than three days from the date of its sending, b) in person orally in the minutes, which must clearly state who exercised the right, what is claimed and when and who drew up the minutes, his signature and signature of the person concerned; the operator is obliged to hand over a copy of the minutes to the person concerned,

13.5.7. If the person concerned suspects that his/her personal data is being processed without authorization, he/she may submit a proposal to the Office for Personal Data Protection to initiate proceedings on personal data protection.

13.5.8. If the person concerned does not have full legal capacity, his rights can be exercised by a legal representative. If the person concerned is not alive, his/her rights, which he/she had under this Act, can be exercised by a close person.

14. Final Provisions

14.1. These general terms and conditions become valid and effective on the day they are published on the website.

14.2. The supplier reserves the right to change the general terms and conditions in the future.

14.3. The relationship between the supplier and the consumer is governed by the general terms and conditions that were valid and effective at the time the contract was concluded.

[1] You can find the binding text of laws free of charge at https://www.slov-lex.sk/domov

Contact information

Phone: 421 948 238 643 Email: info@supervysivka.sk

Billing information

Name: X - HOUSE studio, sro

Registered office: Bretejovce 180

082 03 Bretejovce

ID: 52826309

VAT number: 2121154673