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Terms and Conditions

Alice & Alice Online Shop General Terms and Conditions

1. General Provisions and Definitions

1.1. These General Terms and Conditions (the “GTC”) shall apply to the purchase of goods in Alice & Alice Online Shop at www.aliceandalice.com and www.aliceandalice.sk (the “Online Shop”) which is operated by the company styled ADVISO, s.r.o.

1.2. These GTC govern and regulate mutual relationships between the Seller and the Buyer arising in the context of agreements entered into with regard to the sale of goods.

1.3 The Seller shall under Sec. 52(3) of Act No. 40/1964 Coll. (Civil Code) as amended (the “Civil Code”) in connection with Sec. 2 letter b) of Act No. 250/2007 Coll. on the Consumer Protection and on amending Parliamentary Act No. 372/1992 Coll. on Misdemeanours (the “Consumer Protection Act”) and for the purposes of these GTC mean any person who in the course of entering into and performing a consumer contract acts within the scope of its business (objects) or any other profit-making activity or profession, or any person acting in its name or on its behalf. The Seller shall for the purposes of operating the Online Shop and for the purposes of these GTC mean the company:

ADVISO, s.r.o.

With its registered office at: Partizánska 8, 811 03 Bratislava, Slovak Republic

Company No.: 44179782, registered in Obchodný register Okresného súdu Bratislava I (Companies Register of the District Court Bratislava I), Sec. Sro (Ltd.), File No. 52583/B.

Telephone: 00421-903-636 960

E-mail: contact@aliceandalice.com

(the “Seller”).

1.4. The buyer shall mean any individual or legal entity buying the goods which are offered in our Online Shop, either as a consumer or as a business entity.

1.5. The consumer shall under Sec. 52(4) of the Civil Code in connection with Sec. 2 letter a) of the Consumer Protection Act and for the purposes of these GTC mean an individual who in the course of entering into and performing a consumer contract does not act within the scope of his business (objects) or any other profit-making activity, employment or profession

(the “Buyer”).

1.6. Legal relationships between the Buyer and the Seller (consumer) not expressly regulated in these GTC shall be governed and construed mainly by relevant provisions of the Civil Code, Consumer Protection Act, Act No. 102/2014 Coll. on the Consumer Protection in the Sale of Goods or Provision of Services under Distance Contracts or Off-Premises Contracts and on amending other laws [the “Consumer Protection (Distance Selling) Act”] and by Act No. 513/1991 Coll. (Commercial Code) in case the Buyer is not the consumer, as well as by other applicable rules and regulations.

1.7. These GTC form an integral part of the contract governing the purchase of goods in our Online Shop, which is entered into by and between the Seller and the Buyer.

1.8. Each user of websites in our Online Shop as well as each Buyer by sending an electronic order of the goods to the Seller confirms he has fully acquainted himself with these GTC, he understood each and every part hereof and he agrees herewith without any reservation and agrees to comply herewith.

2. Ordering the Goods and Formation of Contracts

2.1. An electronic order for the purchase of goods in our Online Shop may be made and sent subject to prior registration and creating the so-called personal account, or subject to individual shopping without an account or prior registration. Login details shall for the purposes of the Buyer´s personal account mean the Buyer´s e-mail address and password set by him.

2.2. The Seller demonstrates his proposal to enter into the sales contract with the Buyer by placing the offered goods with the description of their main characteristics as well as their total price including VAT on the Online Shop websites. The goods can be ordered by placing the online order. The online order shall mean the online order form sent to the Seller with information about the Buyer including billing and shipping details, shopping list with individual items offered in the Online Shop, total price payable for the goods ordered and the method of delivery and payment (the “Order”).

2.3. To place the Order and purchase the goods, the Buyer shall add the goods to the shopping cart, and shall follow the instructions on the Online Shop website related to the completion of the Order Form.

2.4. Before placing a binding Order, the Buyer may review his Order and if need be, he may change it. By sending the Order the Buyer acknowledges and confirms that all information provided in the Order is accurate, complete and true.

2.5. The contract shall come into being when the Buyer places the binding Order and the Seller receives the same. The contract may be made in the Slovak or English language depending on the Buyer´s selected language option.

2.6. The Seller shall without any delay confirm receipt of the Order to the Buyer by sending a written order confirmation to the e-mail address provided by the Buyer upon registration. The Seller is also obliged to inform the Buyer by e-mail without any delay that the Seller is unable to process the Order for any reason. The contract entered into on the basis of the Order which is binding on both Parties may be amended or cancelled only by agreement of both Parties or for statutory reasons by virtue of law.

3. Prices and Delivery Charges

3.1. Updated and valid prices of individual items offered in our Online Shop are provided for each item separately and they already include value added tax (the “VAT”) as well as any other applicable taxes. These prices do not include costs of transit, shipping and delivery charge (the “Shipping Costs”).

3.2. The Seller reserves the right to update or where applicable adjust prices of the goods offered in the Online Shop.

3.3. Shipping is free on Orders over EUR 80 with the place of delivery within the Slovak Republic and within other EU Member States. However, discount goods during discount sales do not qualify for free shipping.

3.4. Orders up to the value of EUR 80 and Orders of discount goods during discount sales, in both cases with the place of delivery within the Slovak Republic, carry a delivery charge in the amount of EUR 9.90 per each shipment provided that there is no information to the contrary.

3.5. Orders up to the value of EUR 80 and Orders of discount goods during discount sales, in both cases with the place of delivery in other EU Member States (except for the Slovak Republic) carry a delivery charge in the amount of EUR 14.90. Any Orders to be shipped to any country outside the EU carry a delivery charge in the amount of EUR 19.90.

3.6. The final price is the total List Price specified in the Order Form immediately before placing the binding Order. The final price includes VAT, other applicable taxes and Shipping Costs as well all other payments the Buyer upon placing the binding Order agrees to pay to purchase the goods (the “Purchase Price”). The Seller and the Buyer shall be bound by this Purchase Price, and it may be adjusted only by mutual agreement of both Parties.

Terms of Payment

4.1. The Purchase Price shall become due and payable upon placement of the Order. The Buyer shall make all payments due to the Seller in full, otherwise the Order shall not be processed and dispatched.

4.2. The Buyer may pay the Purchase Price using either of the following methods:

4.2.1. Payment by credit or debit card – The Buyer pays for the goods by submitting necessary credit or debit card details when completing the Order and before its placement

4.2.2. PayPal – The Buyer pays for the goods through an established PayPal account by entering necessary login details when completing the Order and before its placement.

4.3. The Seller acknowledges and declares that he does not collect or otherwise store any payment cards details of the Buyers in any way, and that he uses solely the PayPal system or authorising bank to authorise any payment.

4.4. The Seller shall retain the title to all the ordered goods until full payment of the Purchase Price.

5. Delivery of the Goods and Shipping Terms

5.1. The Seller or the respective mail carrier/courier shall deliver the ordered goods to the Buyer at the address provided for this purpose in the Order as the place of delivery (i.e. in the part “Shipping Details”).

5.2. Standard delivery time of the goods ordered with the place of delivery within the Slovak Republic is three to five working days from the date of confirmed receipt of the Order by the Seller under Sec. 2(2.5) above.

5.3. Standard delivery time of the goods ordered with the place of delivery within other EU Member States (except for the Slovak Republic) is seven to ten working days from the date of confirmed receipt of the Order by the Seller under Sec. 2(2.5) above.

5.4. If the goods cannot be delivered within the delivery period under Sec. 5.2 and 5.3 above for any reason, the Seller is obliged to inform the Buyer thereof without any delay. The Seller may in such case unilaterally extend the delivery period, even repeatedly, of which he shall also inform the Buyer without any delay.

5.5. The Seller is obliged to notify the Buyer in advance also of any restrictions which apply to the supply of the ordered goods; he shall do so not later than at the moment the Seller starts processing the binding Order.

5.6. Should the extended delivery period be more than 30 days, the Buyer may cancel the contract entered into with the Seller.

5.7. The Seller shall be deemed to have fulfilled his duties and obligations arising out of the contract made with the Buyer at the moment the goods are collected by the carrier for transit.

5.8. The goods will be supplied to the Buyer in standard packaging except for the cases where the nature of the goods or the Parties´ agreement requires special packaging.

5.9. The goods will be supplied to the Buyer with the enclosed invoice.

5.10. The Buyer is obliged to take delivery of the ordered goods at the address provided for this purpose in the Order as the place of delivery. In exceptional cases if the Parties so agree in writing or if the Buyer and the respective carrier so agree, the Buyer may take delivery of the goods also at any place other than the place of delivery provided in the Order. If the Buyer fails to take delivery of the ordered goods at the place of delivery provided for this purpose in the Order or at any other place based on the Parties´ agreement, or if the Buyer fails to collect the goods in person, the Seller may ask the Buyer to indemnify the Seller up to the amount of costs reasonably incurred in connection with the performance of the contract.

5.11. The Seller shall guarantee that the goods are sent to the Buyer in an intact condition. The Buyer is obliged to inspect the goods in the presence of the mail carrier/courier. If the Buyer upon receipt of the ordered goods discovers any damage to the ordered goods, defects in packaging or any other discrepancies, he is obliged to notify the mail carrier/courier of this fact and make a note of such damage, defect or discrepancy in the shipping document, or he may as well refuse to take delivery of the goods for this reason. Should the Buyer fail to fulfil this obligation, but he subsequently submits a complaint with regard to the goods so supplied, the carrier or the Seller shall not uphold such a complaint.

5.12. The Seller shall not be liable for any delay in delivery of the ordered goods for the reasons on the part of the mail service or carrier, or for any loss or damage to the shipment caused through the fault of the mail service or carrier.

6. Cancellation of the Contract

6.1. The Buyer may in accordance with relevant provisions of the Consumer Protection (Distance Selling) Act or other applicable legal rules cancel the contract made with the Seller for the supply of the goods even without giving reasons for such cancellation; he may do so within 14 calendar days after receipt of the ordered goods. Upon such cancellation of the contract by the consumer the contract shall be deemed cancelled ex tunc.

6.2. The Buyer may exercise his right to cancel the contract under Sec. 6.1 above with the Seller by submitting a written cancellation notice or by e-mail. For this purpose, the Buyer may use the Cancellation Notice Form which is available on the websites www.aliceandalice.sk and www.aliceandalice.com.

6.3. The Buyer shall be deemed to have cancelled the contract within the cancellation period set out in Sec. 6.1 above if the Buyer sends the cancellation notice to the Seller at the end of 14-days´ cancellation period at the latest whereas the burden of proof as to the exercise of the right to cancel the contract shall fall on the Buyer.

6.4. The Buyer is not later than within 14 days from the date of cancellation under Sec. 6.1 above obliged send the goods in his physical possession, which were the subject-matter of the contract, back to the Seller to the address of the Seller´s registered office. The goods must be appropriately packed to prevent any loss or damage thereto in course of transit. The goods shall not be used, modified in any way or damaged. The goods must include all tags both those of the producer as well as those of our Online Shop with Alice & Alice logo. The Buyer shall be liable for the diminution in the value of the goods due to his handling of the goods in a way which is beyond the limits of standard handling. In the case of any diminution in the value of the goods or in the case of any damage thereto the Buyer is obliged to indemnify the Seller against such loss or damage. The Buyer agrees that the Seller may unilaterally set off the amount of such indemnification against the counterbalancing sum of the Purchase Price owed to the Buyer.

6.5. The costs of returning the goods to the Seller in the case of cancellation of the contract under Sec. 6.1 above shall be borne in their entirety by the Buyer.

6.6. In the case of cancellation of the contract by the Buyer under Sec. 6.1 above the Seller is obliged to receive the returned goods and without any delay make a full refund of all amounts paid by the Buyer on the basis of the contract or in connection therewith except for the Shipping Costs. The Seller is not obliged to make a refund of the Shipping Costs which constitute a difference between the Shipping Costs for the method of delivery originally chosen by the Buyer and the Shipping Costs for the cheapest standard method of delivery offered by the Seller.

6.7. The Seller shall make a refund of all amounts to the Buyer under Sec. 6.6 above using the same payment method which the Buyer used to buy the goods. This shall not apply if the Seller and the Buyer agree otherwise in writing.

7. Warranty, Warranty Terms

7.1. The Seller shall be liable for any defect in the ordered goods in accordance with Sec. 619 et seq. of the Civil Code which the ordered goods have upon their receipt by the Buyer.

7.2. The Buyer may make a product liability claim during the warranty period. The warranty period is 24 months, and it shall start to run on the day the Buyer takes physical possession of the goods. If any shelf life is provided on the item, its packaging or instructions enclosed thereto, the warranty period shall not expire before the end of the shelf life.

7.3. The proof of purchase and at the same time the warranty certificate for the purposes of making product liability claims with regard to the ordered goods under these GTC shall be the invoice received by the Buyer together with the ordered goods.

7.4. If the defect can be eliminated the Buyer shall have the right to have it eliminated free of charge, duly and on time. The Seller is obliged to eliminate the defect without any undue delay. Instead of eliminating the defect the Buyer may ask for the replacement of faulty goods, or in the case of the partial defect the Buyer may ask for the replacement of a faulty part only unless the Seller would incur unreasonable costs in terms of the price of the goods or severity of the defect. Instead of eliminating the defect the Seller may always replace the faulty goods for new goods provided that the Buyer does not get into serious difficulties in connection with the replacement.

7.5. If the defect cannot be eliminated and if such defect prevents the goods from being duly used as the goods without defect, the Buyer shall have the right to claim replacement of the item, or he may cancel the contract. The Buyer may exercise the same rights with regard to the defects which can be eliminated however, the Buyer cannot use the item duly and properly due to defects repeatedly identified after repair or due to multiple occurrences of defects. If there are other defects that cannot be eliminated the Buyer shall be entitled to the appropriate discount off the price payable for the goods.

7.6. The warranty shall not apply to defects caused by improper handling, inappropriate treatment or any defects arising from excessive mechanic wear and tear. The warranty shall not apply also to any damage to the goods caused by force majeure, wilful damage, adverse weather conditions or as a result of using the goods in unusually extreme conditions.

8. Complaint Handling Policy

8.1. A complaint may be made by the Buyer at the address of the Seller´s registered office specified in Sec. 1(1.3) above by mailing the shipment with faulty goods back to the Seller packed in the packaging suitable for transit together with the description of the defect and copy of the proof of purchase (invoice). Wear and tear of the goods due to the fact the goods have been used, worn or washed (as a result of which the goods naturally change their appearance) shall not be regarded as a reason for the complaint.

8.2. The Seller is obliged to immediately determine the way how the complaint will be processed, in complex cases he shall do so not later than within 3 business days after the complaint was made, in reasonable cases, mainly where the complex technical assessment of the condition of the item or service is required, not later than within 30 days after the complaint was made. After the Seller has determined the way how the complaint will be processed, the complaint shall be processed immediately, in reasonable cases the complaint may be processed at a later time however complaint handling procedure shall not take more than 30 days after the complaint was made.

8.3. The period starting on the date the defect liability claim was made until the Buyer was obliged to receive the item after it had been repaired shall not be included in the warranty period. In the case of replacement of the item new warranty period shall start to run upon receipt of a new item.

8.4. The Seller is obliged to inform the Buyer of having handled his complaint; he shall do so in writing not later than within 30 days after the complaint was made. If the Seller fails to process the complaint within the complaint handling period, the consumer may cancel the contract or he shall be entitled to the replacement of the item for a new item.

9. Privacy Policy

9.1. Information about the Buyers and their personal details are processed in accordance with relevant provisions of Act No. 122/2013 Coll. on the Data Protection and on amending other acts as amended (the “Data Protection Act”). The Buyer by his registration in the Online Shop, by his placement of the online Order and by entering into the contract, of which these GTC form an integral part, gives his consent to the Seller as the Controller under the Data Protection Act (the “Controller”) to include all the personal information and other data provided in the Order as well as any other data obtained in the course of business (the “Personal Data”) in the Controller´s database, and to process the same.

9.2. Personal Data provided by the Buyer shall be processed solely for business and marketing purposes of the Controller as well as for enhancing and personalizing the Buyer´s shopping experience inter alia by electronic means (mainly by e-mail and SMS).

9.3. The Buyer´s Personal Data shall be processed by the Controller solely for the purposes of processing the Buyer´s Order placed in the Controller´s Online Shop, for the purposes of its delivery to the Buyer, for the purposes of handling the Buyer´s complaint(s) (if any), for the purposes of cancellation of the contract by the Buyer and related steps to be taken, as well as for the purposes of sending regular information about new products, services, special events, promotions and sales in the Controller´s Online Shop to the e-mail address provided by the Buyer.

9.4. The Buyer´s consent shall be deemed to have been given until its revocation. The Data Subject hereby acknowledges and agrees that he may exercise the rights arising under Act No. 122/2013 Coll. (Data Protection Act), i.e. mainly that the provision of Personal Data is voluntary and that he shall have access to his Personal Data. Each Data Subject shall have the rights arising mainly under Sec. 28 of the Data Protection Act, i.e. he shall be inter alia entitled to ask the Controller in writing to rectify or erase his inaccurate, incomplete or not updated Personal Data, which constitute the subject of the processing; to erase his Personal Data, if the purpose of their processing was fulfilled; to block his Personal Data due to revocation of the consent to personal data processing before its expiration. The Data Subject shall furthermore be entitled to object to the Controller upon a written application to the use of Personal Data referred to in Sec. 10(3) letter d) of the Data Protection Act for the purposes of direct marketing in the mail correspondence, or to the disclosure of Personal Data referred to in Sec. 10(3) letter d) for the purposes of direct marketing. The Data Subject may submit a petition initiating the procedure of personal data protection to the Office for Personal Data Protection of the Slovak Republic when suspecting that his personal data are processed unlawfully. The Buyer may anytime revoke his consent given to the Seller by delivering a written revocation of consent to the processing of his Personal Data at the address of the Controller´s registered office or by e-mail to contact@aliceandalice.com.

9.5. The Seller at the same time represents and warrants that he shall not disclose any details and information about the Buyer provided by the Buyer for the purposes of purchasing the goods in the Online Shop to any third party except for the carriers to whom such details and information shall be provided and disclosed only to a limited extent for the purposes of shipping.

10. Final Provisions

10.1. These restated and revised GTC shall be published and shall be available on the websites of the Online Shop.

10.2. The Seller hereby reserves the right to amend these GTC from time to time without prior notice. Mutual relationship established between the Seller and the Buyer shall be governed and regulated by these GTC which are in their restated and revised version published on the websites of our Online Shop www.aliceandalice.com and www.aliceandalice.sk at the time the Buyer placed his binding Order.

10.3. The contents of websites of our Online Shop including logo, graphics, images and texts are the property of the Seller or his suppliers, and shall be subject to relevant Slovak as well as European and international legal rules and regulations applicable to the protection of copyright or intellectual property rights. Any use, collection or disclosure of such contents without the prior written consent of the Seller or his suppliers shall be deemed to be in conflict with applicable legal rules.

 

 
 
 
 
 
 
 
 
 
 
 
 
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