General commercial conditions of the internet shop
for sales contracts signed up remote by the system of electronic business and operating instructions of the website of the seller.
Article I. – General capping and definition of terms
1.1 Registration in e-shop of the bespoke product seller and purchase of products by the e-shop can be done by natural persons or corporation without restrictions providing that they will accept these General commercial conditions.
1.2 Seller and operator (thereinafter „seller“ or „operator“ – for the cause of these General commercial conditions and obligation formation are both equal) of the e-shop www.ammyla.com (thereinafter „e-shop“ or „website“) is corporate AMMYLA – Kamila Gemerská, Rumunská 13, 048 01 Rožňava, Slovak republic, VAT identification no.:1077815167, executing freelance occupation according to the Law no. 185/2015 Coll. – Authors’ Act.
1.3 The e-shop visitor is a person which visits the website of the seller (thereinafter „visitor“).
1.4 A person registered in e-shop is every person that filled up and sent a register form with own personal data.
1.5 Buyer is natural person or corporation, which filled up and sent the purchase form by the website of the seller, received an announcement about obtaining the purchase by e-mail and paid the price of product.
1.6 In case of the buyer not being the final consumer, so it is the purchase in order to further business, then contractual relations are following the provisions of the statute no. 513/1991 of Commercial Code as amended.
1.7 The objects of the purchase (thereinafter „product“) are all the products and services posted on the websites of the e-shop.
Article II. – Price
2.1 All posted prices of the products are final. Seller is not the VAT payer.
2.2 Price of the products posted on the e-shop website is being the price at the moment of making the purchase.
2.3 Total price of purchase is the total price of products including the transport costs. The transport cost depends on the required amount of products, their size and total weight and chosen form of transport. Transport cost will be counted during the process of making the purchase.
2.4 All discount prices are valid only till the sellout, until written by specific product differently. Seller has to immediately inform the buyer in case of the product being sold out at the moment of making the purchase, and because of that the delivery not being possible. After this information, the buyer has right to the contract abandonment.
Article III. – Purchase
3.1 The purchase is done by the buyer at the moment of choosing the product, filling up the purchase form and confirming the process of purchase in e-shop. For the correct purchase providing it is necessary to fill up asked information in the purchase and to choose the transport form and payment form for the purchased product or services. The information about the purchase being received will be sent to the buyer by e-mail from the seller.
3.2 By sending the purchase, the buyer agrees with the price of purchased product and service, and so the purchase is getting obligatory for the buyer.
3.3 By the confirming of the purchase by the seller, the sales contract is made, and it is possible to change, cancel or complement this contract only with the mutual agreement between the buyer and the seller, unless written otherwise in the enactment.
3.4 By sending the purchase, the buyer is obligated to pay the price of the purchased product.
3.5 The buyer agrees with the invoice or advance invoice being made out electronically and sent to his e-mail address written in the purchase form.
3.6 The buyer accepts that the color of the product showed on pictures in e-shop can be slightly different from the reality, depending on the screen settings where the pictures are showed.
Article IV. – Payment conditions
4.1 It is possible to pay for the product purchased in e-shop by following ways:
– by bank transfer,
– by electronic service TrustPay,
– by electronic service PayPal.
By electronic services TrustPay and PayPal the payment is done out of e-shop website www.ammyla.com, through a straight redirection to a secured website used by the operator for this claim. Using a payment website is controlled by conditions of the payment portal operator.
Article V. – Delivery conditions
5.1 The seller is obligated to send the product to the buyer in 30 days from the contract being made out, if they did not agree otherwise, or unless there was longer delivery date written by the product. Usual delivery data is 2-4 weeks.
5.2 In case of possibility of longer delivery data caused by unexpected prolongation of product production time, the seller is obligated to inform immediately the buyer. The seller asks the buyer (by e-mail or by phone) for a permission for longer delivery data. The buyer is obligated to give an answer immediately.
5.3 The product delivery is provided by courier service DHL. The date of product delivery depends on conditions of the specific carrier. The buyer can track the product using the tracking mail code (Trackingcode).
5.4 With the product also the invoice (tax document) is made out.
5.5 The point of sale is being meant as the point of delivery (unless written otherwise in the purchase).
5.6 The buyer has to make the visual checking of the product at the moment of delivery.
5.7 If the mechanical damage of the product’s package is found out, the buyer has to make a record about the damage with the presence of the transporter. The exception about the product will be written on the delivery letter, or the damage survey will be written with the transporter. According to this document, after the cas fortuit dealt with the transporter, new product without damages will be delivered to the customer or an adequate discount will be provided to the customer, if he will agree with that according to the claim conditions.
5.8 In case of the damaged product delivery, the buyer has right to the contract abandonment.
Article VI. – Duration of guarantee
6.1 Guarantee conditions are following the Law: act no. 40/1964 of Civil Code as amended. Basic guarantee time of the new product is 24 months and starts to pass from the day of the delivery of the product.
6.2 The guarantee does not involve defects that can not be gained by the seller (paragraph 1.5, 1.6 and 1.7 of the Claim conditions) or defects related to wrong instructions or low-quality templates provided to the seller for the production.
6.3 In case of buyer not being a consumer (Article 1, paragraph 1.4), the guarantee time of the product for business purpose is 12 months.
Article VII. – The ownership transfer
7.1 The ownership transfers from the seller to the buyer at the moment of the payment of the full price of the contract’s object.
7.2 In case of the claim of the product or services, of which the ownership still refers to the seller, seller has right to process the claim after the payment of whole price of the contract’s subject.
Article VIII. – Cancellation of the contract
8.1 The buyer has right to cancel the contract without any cancellation charge till the time of production letting. The cancellation of the contract (purchase cancel) needs to by written by e-mail to the address firstname.lastname@example.org or by phone on the phone number written in contact information of the seller.
8.2 By the purchase cancellation, it is necessary to write the purchase number or complete contact details of the buyer.
8.3 In case that the payment for the product was made before the production letting and so the seller has no expenses with the production, this amount will be returned to the buyer’s bank account in 14 days (name of the bank, bank account number and number of the bank need to be written), unless the buyer decides otherwise.
8.4 The buyer, which is not the consumer (Article 1, paragraph 1.6), does not have the right to the contract cancellation without cancellation charge. In this case, the buyer can return the product after the agreement with the seller. The product must not be damaged, used and has to be packed in the original package. The cancellation charge, 100% of the product’s selling price is charged to the buyer, unless he agrees with the seller otherwise.
Article IX. – Rights and duties of the contracting parties
9.1 The seller and the buyer are the contracting parties.
9.2 The buyer is obligatory to:
- take over the purchased product,
- pay the price of the product to the seller, including the delivery charges.
9.3 The seller is obligatory to:
- to delivery the product to the customer in requested quality, quantity and for agreed price,
- by delivering the product to the buyer, to send the invoice for the product, eventually the user manual, care manual (recommended washing mode, etc.).
Article X. – Protection of personal data
10.1 Personal data are processed according to the Law: act no.: 18/2018 Coll. on protection of personal data as amended and in accord with the Order of European Parliament and EU Council 2016/679 (thereinafter „GDPR“). For the purpose of General commercial conditions of the provider, according to these conditions, an aggrieved person is the person whose personal data are proceed.
10.2 The provider declares that the personal data of the registered person are used for the purpose of closing, fulfilling or changing the contract signed up remote between the buyer and provider, and will not provide these personal data to the third person besides the state organs in case of control.
10.3 The provider declares that in relation to processing personal data of aggrieved persons, the decision based exclusively on automatized recourses of personal data processing will not be applied, nor the profiling in terms of the article 22 paragraph 1 a 4 GDPR.
10.4 The provider is obligate to secure the personal data from access by unauthorized persons. The duty of the provider is to announce every important violation or leakage of personal data to the Office of personal data protection of Slovak republic, latest in 72 hours of discovering this safety incident.
10.5. In case of suspicion of illegal personal data processing by the provider, the aggrieved person has right to file a proposal to initiating procedures about personal data protection to the Office of personal data protection of Slovak republic. (www.dataprotection.gov.sk).
10.6 If by the registration the website visitor agreed with personal data processing for marketing purpose (marking a special check box, he voluntarily agreed with sending the e-mails to the contact e-mail address, with contacting by phone or sending mail to contact address
10.7 The aggrieved person can take back agreement of personal data processing any time by sending the Cancellation of personal data processing by mail or e-mail.
10.8 The aggrieved person can use his/her right and ask the provider for free information about his/her personal data proceed by the e-shop provider, and for correction, deleting or transfer of personal data.
10.9 Personal data proceed by the provider are:
– name and surname,
– phone number,
10.10 Detailed rights of the aggrieved person, as a purpose and way of personal data processing, are possible to be seen in specific instruction on the website of the provider.
Article XI. – Alternative dispute resolution (ADS)
11.1 According to the Law: act No. 102/2014 Coll. on the protections of consumers in door-to.door and mail order sale and Law: No. 391/2015 on alternative consumers’ dispute resolution active since 1.2.2016, the seller informs the buyer (consumer), that in case of not being satisfied with the claim process or in case of assumption of the buyer’s rights being broken, the buyer has right to apply for a correction, using the post address or e-mail address email@example.com.
11.2 If the seller responds negatively the application for the correction or does not respond in 30 days, the buyer (consumer) has right to file a proposal to alternative dispute resolution (subject of ADS). According to the Law: act no.: 391/2015 Coll., the ADS subjects are organs and competent corporations as in §3 of theLaw: act no.: 391/2015 Coll. The proposal to alternative dispute resolution can be filed by consumer the way determined in § 12 of the Law: act no: 391/2015 Coll.
11.3 The buyer (consumer) can lodge a complaint also throught the platform of alternative dispute resolution ODR (ODR= online dispute resolution), which is available online on the website:http://ec.europa.eu/consumers/odr/index_en.htm.
11.4 Alternative dispute resolution (ADS) can be used only by the consumer. Alternative dispute resolution is dealing only with the conflict between buyer (consumer) and seller resulting from the consumer contract or related to the consumer contract. Alternative dispute resolution is dealing on with the contracts signed up remote. Alternative dispute resolution is not dealing with the conflicts, where the value of the conflict is lower than 20 €. Subject Alternative dispute resolution can ask the consumer to pay the charge max. 5 € incl. VAT for beginning the process of alternative dispute resolution.
Article XII. – Final provisions
12.1 The seller has the right to change or complement these General commercial conditions and Claim conditions even without former announcement to the buyer. In case of a change in General commercial conditions or Claim conditions, the whole process of purchase and sale is done according to those General commercial conditions, that were relevant at the moment of sending the purchase by the buyer and those are available on the website of the seller.
12.2 The Claim conditions are inseparable part of these General commercial conditions.
12.3 By sending the purchase, the buyer has read the General commercial conditions and Claim conditions and agrees with both of them.
12.4 These General commercial conditions and Claim conditions are available on the website of the e-shop.
12.5 For solving international relations according to the Stature of European Parliament and Council (ES) no. 593/2008 of 17th of June 2008 on governing law for contract commitments (Rome I), the contract parties are dealing with the Slovak governing law.
12.6 Otherwise not mentioned in these General commercial conditions and its inseparable parts (appendices) are following provisions, specially Law: act no. 40/1964 Coll., Law: act no. 513/1991Coll., Law: act no. 108/2000 Coll., Law: act no. 22/2004 Coll., Law: act no. 250/2007 Coll., Law: act no. 102/2014 Coll., Law: act no. 391/2015, Law: act no. 18/2018 Coll. and their novelizations, and in accord with the Order of European Parliament and Council (EU) 2016/679.
12.7 In case some of these regulations are considered to be invalid, not claimable or incomplete, this fact will have no impact on the rest of contract agreements.
12.8 These General commercial conditions including their inseparable parts come into be on 22nd September 2018.
Inšpektorát SOI pre Košický kraj
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Department of control
tel. no. 055/729 07 05, 055/622 76 55
fax no. 055/622 46 95
AMMYLA – Kamila Gemerská
048 01 Rožňava
DIČ (VAT identification number): 1077815167
Bank connection: Tatra Banka, BIC: TATRSKBX, IBAN: SK1011000000002919902666
+421 907 549 320 – Slovakia
+421 905 733 819 – English speaking
Claim conditions of the internet shop (e-shop)
1.1 It is possible to claim only the product bought from the seller or being the ownership of the seller.
1.2 In case of the ownership not being transferred from the seller to the buyer, the buyer can send the claim after the payment of whole price of the product, according to the § 151and Civil Code.
1.3 The buyer has to apply the claim to the seller immediately after discovering the damage.
1.4 The claim of mechanical package damage of the product, which was not apparent by taking over, has to be announced immediately after receiving the delivery (Article 5, paragraph 5.8 of General commercial conditions).
1.5 Responsibility for the damages does not include the damages caused by this using:
- damage has been done by mechanical damaging of the product by the buyer,
- using the product in conditions which are nonconforming to the natural product’s environment with the humidity, chemical and mechanical influences,
- neglecting the care maintenance of the product,
- damaging the product by extreme loading.
1.6 Damage responsibility does not include damaged cause by natural calamity.
1.7 Damage responsibility does not include common consumption of the product (or its parts) caused by using. Shorter usable life is not considered as a damage and can not be claimed.
1.8 Claimed product needs to be delivered to the seller’s address or to the authorized service center. Product needs to be well packed, so that it will not get damaged during the transport. We recommend the product to be sent by registered post, eventually as an insured mail. The copy of a bill (invoice) should be added to the product and we recommend also the Claim form to be added. The claim needs to be sent by mail (Post Office) or personally (not by e-mail).
1.9 The seller will confirm the claim receiving and will give the buyer a written confirmation about the claim . The date of delivering the claim to the seller is considered as a date of claim. If it is not possible to give the confirmation immediately, it has to be delivered as soon as possible, lately at the same time as the document of claim process. The confirmation about the claim process will be send by mail.
1.10 The seller is obligatory to determine the way of claim process immediately, in difficult cases in 3 days from the date of claim. In reasonable cases, specially if complicated technical evaluation is needed, in 30 days from the date of claim. After determination of the way of claim process, the seller will process the claim immediately, in reasonable cases it can be done later. The claim process can not last longer than 30 days from the date of claim. After 30 days, the buyer has right to the contract abandonment and the payment for the product will be returned to him or he has right to get a new product.
These claim conditions are inseparable part of General commercial conditions.