BUSINESS TERMS
GENERAL BUSINESS TERMS FOR THE E-SHOP
Contents
GENERAL PROVISIONS
BASIC TERMS
2.1. Seller
2.2. Buyer
2.3. E-shop
2.4. Consumer
2.5. Manufacturer
METHOD OF CONCLUSION OF THE PURCHASE CONTRACT
3.1. Notification of the seller to the consumer about pre-contractual information
3.2. An order
3.3. Changing and canceling an order
3.4. Withdrawal from the contract
PURCHASE PRICE OF GOODS
TIME OF DELIVERY OF GOODS
PLACE OF DELIVERY OF GOODS
DELIVERY OF GOODS
DELIVERY OF GOODS AND PASSING OF RISK OF DAMAGE TO GOODS
RETURN POLICY
PRIVACY
FINAL PROVISIONS
GENERAL PROVISIONS
These general terms and conditions govern the rights and obligations of the contractual parties, which are the buyer on the one hand and the seller on the other, Fine Art STUDIO, p. r. o., with registered office at Strmý vršok 33, 841 06 Bratislava – Záhorská Bystrica, ID number: 45 847 762, VAT ID number: 2023117316, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, insert number: 67632/B when concluding distance contracts , or when concluding purchase contracts through the online store, the E-shop, which is located on the website www.oilandia.com.
BASIC TERMS
2.1. Seller:
The seller is understood as a person who, when concluding and fulfilling a consumer contract, acts within the scope of his business activity or profession, or a person acting on his behalf or on his account.
Seller for the purposes of these general terms and conditions means the company Fine Art STUDIO, s. r. o., with registered office at Strmý vršok 33, 841 06 Bratislava – Záhorská Bystrica, Company ID number: 45 847 762, VAT number number: 2023117316, registered in the Commercial Register of the District Court Bratislava I, Department: Sro, file number: 67632/B.
2.2. Buyer:
For the purposes of these general terms and conditions, buyers are understood as any natural person who, when concluding contracts with the seller, acts as a consumer, a natural person – an entrepreneur, and any legal entity.
2.3. E-shop:
For the purposes of these general terms and conditions, e-shop means the online store of the seller, Fine Art STUDIO, p. r. o., with registered office at Strmý vršok 33, 841 06 Bratislava – Záhorská Bystrica, ID number: 45 847 762, VAT ID number: 2023117316, registered in the Commercial Register of the District Court Bratislava I, Department: Sro, insert number: 67632/B, located on the website www.oilandia.com.
2.4. Consumer:
For the purposes of these general terms and conditions, consumers are understood as any natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.
2.5. Manufacturer:
Manufacturer is understood as a person who manufactures, extracts, restores, modifies or otherwise acquires the product and has its registered office or place of business in the territory of a member state of the European Union, a member state of the European Economic Area or Turkey, or a person who impersonates the manufacturer by marking the product with his name , trademark or other distinctive sign, or a person from the supply chain whose activity may affect the product's safety features.
METHOD OF CONCLUSION OF THE PURCHASE CONTRACT
3.1. Notification of the seller to the consumer about pre-contractual information
Before concluding a distance contract, or by sending the order from the buyer to the seller, the seller hereby clearly and comprehensibly and in a manner appropriate to the used means of remote communication communicates the following information:
the main characteristics of the goods or the nature of the service to the extent appropriate to the used means of communication and the goods or service,
business name and registered office or place of business of the seller or the person on whose behalf the seller acts,
the seller's telephone number and other data that are important for the consumer's contact with the seller, in particular his e-mail address and fax number, if he has them,
the address of the seller or the person on whose behalf the seller acts, at which the consumer can make a claim for goods or services, file a complaint or other initiative, if this address differs from the address specified in letter b),
the total price of the goods or services, including value added tax and all other taxes, or if, due to the nature of the goods or services, the price cannot reasonably be determined in advance, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges, or , if such costs and charges cannot be determined in advance, the fact that such costs or charges may be included in the total price; if it is a contract concluded for an indefinite period or a subscription agreement, the seller informs the consumer about the total price for the billing period and the price for one month, if the length of the billing period is different, and if this price cannot be determined in advance, about the way it is calculated,
the price for the use of means of long-distance communication, which can be used for the purpose of concluding a contract, if it is a service number with an increased tariff,
terms of payment, terms of delivery, the period until which pr
the seller undertakes to deliver goods or provide a service, information on the procedures for applying and processing claims, complaints and consumer suggestions,
information about the consumer's right to withdraw from the contract, conditions, term and procedure for exercising the right to withdraw from the contract; the seller will also provide the consumer with a contract withdrawal form.
information about the consumer's inability to withdraw from the contract, the subject of which is the sale of goods made according to the consumer's special requirements, goods made to measure or goods intended specifically for one consumer in the sense of the provisions of § 7 par. 6 letters c) Act no. 102/2014 Coll., Act on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises
information that if the buyer withdraws from the contract, he will be obliged to bear the costs of returning the goods to the seller in the sense of the provisions of § 10 par. 3 of Act No. 102/2014 Coll. The Act on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of some, except in the case where the seller has agreed to bear them himself, and if he withdraws from the contract concluded at a distance , as well as the costs of returning the goods, which due to their nature cannot be returned via post.
information about the possible obligation of the buyer to pay the seller the price for the actually provided performance according to § 10 par. 5 of the Act on Consumer Protection in Distance Selling, if the buyer withdraws from the service contract after giving the seller express consent according to § 4 par. 6 of the Act on Consumer Protection in Distance Selling, namely in these terms and conditions located on the relevant subpage of the seller's website,
instruction on the seller's responsibility for defects in goods or services in the sense of § 622 and 623 of Act no. 40/1964 Coll. Civil Code,
information about the existence and details of the warranty provided by the manufacturer or the seller according to stricter principles, as stipulated in § 502 of Act no. 40/1964 Coll. The Civil Code if the manufacturer or seller provides it, as well as information on the existence and conditions of assistance and services provided to consumers after the sale of goods or the provision of services, if such assistance is provided,
information on the duration of the contract, if it is a fixed-term contract; if it is a contract concluded for an indefinite period or if it is a contract in which its validity is automatically extended, also information on the conditions for terminating the contract,
information on the minimum duration of the consumer's obligations resulting from the contract, if the contract results in such an obligation for the consumer,
information about the consumer's obligation to pay an advance payment or provide other financial security at the request of the seller and about the conditions that apply to its provision, if the contract implies such an obligation for the consumer,
functionality information, including applicable technical safeguards to secure electronic content, if applicable.
information about the possibility and conditions of dispute resolution through the system of alternative dispute resolution according to Act no. 391/2015 Coll., Act on Alternative Resolution of Consumer Disputes and Amendments to Certain Acts.
18.2. Conclusion of the purchase contract - order
The conclusion of a purchase contract, on the basis of which the seller delivers the ordered goods to the buyer (hereinafter referred to as the "purchase contract" or "contract"), takes place on the basis of the proposal for the conclusion of the purchase contract and the written acceptance of the proposal for the conclusion of the purchase contract by the seller.
The proposal for concluding the contract is the buyer's order addressed to the seller. The order can only be made by filling out the Order Form on the seller's website.
In the event that the order is made by a natural person as a consumer, he will enter his name, surname, address where the goods are to be delivered, telephone number and e-mail in the order form. In the event that the order is made by a natural person - an entrepreneur or a legal entity, in the order form, enter the business name, ID number, VAT ID number and billing address if it is different from the delivery address. The order contains an expression of the buyer's consent to these general terms and conditions.
The seller undertakes to the buyer, after sending the order, to send a confirmation of receipt of the order to the e-mail entered by the buyer. Subsequently, the seller undertakes to send the buyer information related to the status of the buyer's order.
To the acceptance of the goods order by the seller, or the conclusion of the purchase contract takes place on the basis of confirmation of a correctly and completely completed order by electronic means (e-mail) from the seller, while at the same time he reserves the right to additionally adjust the price of the already ordered goods (the seller therefore does not guarantee the price of the goods that is listed
á on the operator's website at the time of placing the order, as it depends on the change in the supply prices of the given goods).
The seller is entitled to reject the order even silently, or without giving a reason. Any change to the order after the conclusion of the purchase contract is a proposal to change the content of the purchase contract and is possible only with the mutual agreement of the buyer and the seller. The seller is not obliged to accept a proposal to change the content of the purchase contract. This does not affect the consumer's right to withdraw from the contract according to these General Terms and Conditions.
18.3. Changing or canceling an order
Until the goods have been sent to the buyer, the buyer has the right to change or cancel his order without the seller charging any penalties or other fees.
In the event that the purchase price has already been paid and the order has been canceled or changed according to this point of the GTC, the seller undertakes to return the already paid purchase price to the buyer, or the buyer undertakes to pay the difference between the original order and the amended order within 14 working days by non-cash transfer to the account specified by the buyer or seller, unless otherwise agreed with the buyer.
The mentioned option does not apply to cases where the goods were made according to the special requirements of the buyer, when the goods were custom-made or when the goods were intended specifically for one buyer.
18.4. Withdrawal from the contract
The buyer is also entitled to withdraw from the purchase contract concluded at a distance within the statutory period of 14 days from taking over the goods within the meaning of the provisions of § 7 par. 1 letter a) of Act no. 102/2014 Coll., Act on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises. The goods are considered accepted when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if the goods ordered in one order are delivered separately, at the moment of acceptance of the goods that were delivered last. The buyer can withdraw from the purchase contract even before the expiry of the withdrawal period.
The buyer cannot withdraw from the contract, the subject of which is:
the provision of a service, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the period for withdrawing from the contract,
sale of goods made according to the special requirements of the buyer, goods made to measure or goods intended specifically for one buyer,
sale of goods that are subject to rapid deterioration or deterioration,
sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
performing urgent repairs or maintenance that the buyer has expressly requested from the seller; this does not apply to service contracts and contracts, the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the buyer and the buyer did not order these services or goods in advance,
sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the buyer has unpacked this packaging,
the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,
provision of accommodation services for a purpose other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline,
provision of electronic content other than on a physical medium, if its provision began with the express consent of the buyer and the buyer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
The buyer can exercise the right to withdraw from the purchase contract with the seller in written form by a letter sent by registered mail to the address: Fine Art STUDIO, p. r. o., Strmý vršok 33, 841 06 Bratislava – Záhorská Bystrica or by e-mail sent to the seller at e-mail: info@oilandia.com.
The deadline for withdrawing from the purchase contract is considered to be
preserved if the notice of withdrawal from the purchase contract was sent to the seller no later than the last day of the deadline. In the case of doubts about delivery, the notice of withdrawal from the purchase contract sent by the buyer is deemed to have been delivered after the expiration of the time appropriate for the delivery method used, if the buyer can prove that it was sent to the address notified to the buyer as part of the pre-contractual information or to an address whose change was duly notified to the buyer by the seller after the conclusion purchase contract. If the postal item, the content of which is a notice of withdrawal from the purchase contract, cannot be delivered to the seller for reasons according to a special regulation, the notice of withdrawal from the purchase contract is considered delivered on the day it is sent to the seller at the address according to the first sentence.
By withdrawing from the contract, the contract is canceled from the beginning and is viewed as if it had never been created and its participants are obliged to return the services provided. In the event that the buyer withdraws from the contract and delivers to the seller goods with reduced value that are used, damaged or incomplete, the consumer shall reimburse the seller for the costs incurred in connection with the repair of the goods and their return to their original condition.
Obligations of the seller and the buyer-consumer upon withdrawal from the contract are governed by the relevant provisions of Act No. 102/2014 Coll., Act on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises.
PURCHASE PRICE OF GOODS
The purchase price for the ordered goods is indicated in the seller's e-shop, in the order, as well as in the order confirmation. The purchase price always includes VAT and is set in Euro. The purchase price of the goods does not include postage, which will be charged to the buyer separately according to the method of delivery of the goods to the place of delivery chosen by the buyer.
After concluding the purchase contract, the buyer undertakes to pay the seller the purchase price, including postage, in one of the following ways, among which the buyer is entitled to choose:
Online card payment - online card payment to the seller's account before delivery of the goods using debit or credit payment cards
Online payment by bank transfer
The seller reserves the right to change prices. The price is valid as stated in the e-mail confirming receipt of the order. The price does not include consulting, shipping or any other costs, unless these are mentioned in the product definition. The price of the goods is determined on the basis of the valid price list. Discounted (sale) prices of goods are clearly marked with symbols (such as "sale" or "sale"). Discounted prices are valid until stocks are sold out or for the duration of the time specified for the discounted price.
In the event that the buyer is currently located or lives abroad, the seller and buyer will agree on the payment and delivery conditions individually. When the order is delivered to the Czech Republic, the buyer pays the price of the goods and shipping in CZK according to the current exchange rate of the National Bank of Slovakia (www.nbs.sk).
In the event that the buyer does not pay the seller the purchase price for the ordered goods, or does not take them over, the seller has the right to demand compensation for damage caused by the breach of obligation, which is subject to a contractual penalty. In this case, the contractual penalty is set at least in the amount of the paid postage and at most in the amount of 50% of the total price of the order. The seller will send an email to the buyer who did not take over the ordered goods with a request for information on the next procedure with his order. ,. The buyer undertakes to provide feedback to the seller within 7 days from the date of sending the email. If the buyer requests the resending of the returned shipment, the operator has the right to reimburse the costs associated with transportation, and this amount will be added to the total price of the shipment. Re-shipment of such a returned shipment is possible only on the basis of payment in advance. If the customer does not respond to the operator's call within the specified period, the order will be canceled by the operator and the buyer has no right to a refund of the purchase price.
TIME OF DELIVERY OF GOODS
The seller undertakes to deliver the goods to the buyer as soon as possible after receiving the electronic order form and after payment of the purchase price, but no later than within the delivery times specified on the seller's website. The buyer acknowledges that the stated delivery dates (delivery times) are indicative only. By placing an order, the buyer agrees to extend the delivery period if the production of the ordered goods or other circumstances require it. In the event that the seller is unable to deliver all the ordered goods to the buyer within the agreed time, he will notify the buyer of this situation as soon as possible and inform him of the expected delivery date of the ordered goods or propose the delivery of replacement goods. If the buyer orders goods of non-standard dimensions or goods heavier than 30 kg, the seller will agree payment and delivery conditions with
to the customer individually.
If the goods are delivered by a contracted carrier, the buyer gives the seller consent to provide personal data to the contractor for the purpose of delivering the goods (name / business name, address, telephone).
The operator is not responsible for late delivery of goods caused by the delivery person (post office, courier) or by giving the wrong address of the customer. The customer is obliged to thoroughly check the goods when taking them over from the delivery person and to confirm the receipt of the goods with his signature on the receipt of the goods.
PLACE OF DELIVERY OF GOODS
The place of delivery is the address that the buyer indicated in the order as the delivery address.
DELIVERY OF GOODS
The buyer has the right to choose the method of delivery of the goods to the place of delivery from the following options:
Slovak Post - by courier to the address given by the buyer or by parcel to the post office
Delivery by GLS, SPL, or other couriers
Personal collection from the seller (by mutual agreement)
DELIVERY OF GOODS AND PASSING OF RISK OF DAMAGE TO GOODS
The buyer acquires ownership of the goods only after full payment of the purchase price for the goods. The moment the goods are taken over by the buyer or a third person authorized by the buyer from the seller or his representative, who is authorized to deliver the goods, or if he does not do so in time, then at the time when the seller allows the buyer to handle the goods and the buyer does not take over the goods, the risk of damage to the goods passes to him.
The seller is responsible for defects that the sold item has when it is taken over by the buyer, as well as for defects that occur after taking over the item during the warranty period. The statutory warranty period is 24 months.
RETURN POLICY
The warranty conditions are regulated by the complaint procedure published on the seller's website: https://www.oilandia.com/reklamacie/.
PRIVACY
The seller hereby declares that he processes personal data of buyers in accordance with the relevant generally binding legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, by law no. 18/2018 Coll. on the protection of personal data and that he has taken all necessary security measures to ensure the processing of personal data in accordance with the above-specified legal regulations.
The seller processes the personal data of the persons concerned in the following scope:
title,
name,
last name,
age limit,
residence,
E-mail adress,
billing address,
goods delivery address,
contact phone number,
cookies
account number
for the purpose of concluding and fulfilling contracts and fulfilling obligations related to contracts or in connection with them, as well as in pre-contractual relations with the persons concerned. The data is processed when processing orders, issuing invoices, delivering ordered goods, registering orders and purchase contracts, registering people visiting the e-shop, registering through the e-shop and handling possible complaints.
In the sense of Section 2, Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, the seller provides the following information to buyers as affected persons:
The operator is the seller, and his identification data and contact data are listed in the General Provisions of these General Terms and Conditions.
The purpose of the processing of personal data by the operator is the conclusion of contracts and the fulfillment of the obligations of the contracting parties arising from these contracts
The legal basis for the processing of personal data is the fulfillment of contracts to which the buyer as the person concerned is a contracting party.
Categories of recipients of personal data: Slovak Post, transport companies
The seller stores personal data for the time necessary to fulfill the purpose of processing
Pursuant to the relevant articles of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, the buyer has the following rights vis-à-vis the seller as the operator:
the right from the seller, as the operator, to access to personal data concerning him (i.e. the right to confirm whether personal data is being processed and, if so, also the right to all information regarding the processing to the extent according to the Regulation and to provide one copy of the processed personal data free of charge) ,
the right to correct incorrect personal data without undue delay,
in the cases specified by the regulation, the right to delete personal data ("the right to be forgotten"),
the right to request restriction of personal data processing in the cases specified by the regulation,
the right to transfer data to another operator
The buyer has the opportunity to exercise these rights at any time by sending an e-mail message to the seller's e-mail address info@oilandia.com.
g) The buyer has the right to submit a Proposal for the initiation of personal data protection proceedings at the Personal Data Protection Office of the Slovak Republic in case he suspects that the processing of his personal data
data by the operator, is in violation of the Regulation and relevant legal regulations ensuring the protection of personal data
h) Provision of personal data is a necessary requirement for concluding a contract. The buyer is not obliged to provide personal data to the seller. In case of failure to provide personal data, it is not possible to conclude a purchase contract or to fulfill the obligations arising from the purchase contract.
FINAL PROVISIONS
These General Terms and Conditions shall enter into force on ..... and be valid on.......
Any changes to these General Terms and Conditions take effect on the day they are published on the seller's website
Legal relations established by the purchase contract, or any contract concluded at a distance will be governed primarily by the order, order confirmation, provisions of these general terms and conditions, relevant provisions of the Civil Code. In the event of a conflict between these General Terms and Conditions, the generally binding legal regulation takes precedence over the generally binding legal regulation.