Terms and Conditions
(hereinafter referred to as "T&C"),
setting out the general terms and conditions between the operator/seller and the customer/buyer
1. The operator (seller) in the online shop KURA collection s.r.o., Zámočnícka 3, 040 01 Košice - Staré mesto, registered in the Commercial Register: OU-KE-OZP1-2017/030902-2, No.820-83694
2. An orderer (buyer) in the online shop is any natural or legal person who sends an electronic form with an order for goods (product(s) or service(s)).
3. When ordering as a natural person, it is necessary to provide the name, surname, postal code and address where the goods are to be delivered, telephone number and e-mail. When ordering as a legal entity (company or trade), the order must also include the company name, VAT number, VAT number and billing address if different from the delivery address.
4. Acceptance of the order of goods by the operator, and thus the conclusion of the purchase contract, occurs on the basis of confirmation of this correctly and completely filled out order in electronic form (e-mail) by the operator. The purchaser is responsible for the accuracy of the personal data filled in the order form. After the order has been sent, a confirmation of receipt of the order and later on further information about changes in the status of the order (e.g. payment has been processed, the goods have been dispatched, etc.) will be sent to the e-mail address provided. The registered customer can check the order directly in the online mode on the website of the online shop after logging into his customer account.
5. The buyer can pay the price of the goods and the costs associated with the delivery of the goods according to the contract of sale in the following ways:
online payment by credit card - payment through the payment gateway Go Pay / Shoptet Pay
immediate payment via Google Pay / Apple Pay
online payment by bank transfer - fast money transfer from selected banks
payment by bank transfer - payment directly to our bank account
6. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of the goods in the contractual amount.
7. Unless expressly stated otherwise below, the purchase price shall also be understood to include the cost of delivery of the goods. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
8. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
9. The Seller does not require any deposit or other similar payment from the buyer in advance. Payment of the purchase price before dispatch of the goods shall not constitute a deposit.
10. The place of fulfilment of the Purchase Contract shall be the delivery address or place of business of the Purchaser specified in the electronic order form. The goods will be dispatched by the operator using the services of third parties (contract carrier, courier service) or the goods will be prepared at the operator for personal collection. Delivery of the goods is made by handing them over to the Customer or by handing them over to the carrier. Title to the goods shall pass to the Customer upon delivery of the goods, subject to the condition precedent of payment in full of the purchase price specified in the order. Until such time as title passes from the Operator to the Customer, the Customer shall have all the obligations of a bailee and shall, at its own expense, securely store and mark the goods and services in such a way that they are at all times identifiable as the Operator's goods.
11. The Operator shall deliver the Goods to the Customer as soon as possible after receipt and registration of payment of the order within the delivery times set out in the product description on the Operator's website (for goods which are in stock, the estimated delivery time is up to 3 working days, for goods which are made to order it is 5 - 10 working days and for goods which are made to order it is usually 15 - 20 working days). The delivery time runs from the date of payment of the order. The Customer acknowledges that the delivery dates quoted are indicative only. The Customer agrees to extend the delivery time if the production of the ordered goods or other circumstances so require. In the event that the Operator is unable to deliver all of the ordered goods to the Customer within the agreed deadline, the Operator shall notify the Customer of this situation as soon as possible and shall inform the Customer of the expected delivery date of the ordered goods or propose the delivery of replacement goods to the Customer.
12. If the goods are delivered by a contractual carrier, the Customer gives the Operator the right to provide the contractual carrier with the necessary personal data for the purpose of delivery of the goods (name/business name, address, telephone).
13.The tax receipt with the calculation of the purchase price will be delivered to the customer in paper form together with the delivered goods or by e-mail no later than 14 calendar days after the delivery of the goods.
14.In the event that the Customer fails to take delivery of the ordered goods outside the situation of damage to the goods upon delivery (the parcel returned as undelivered through no fault of the Operator, e.g. if the contractual carrier has not found the addressee, has not notified the deposit of the parcel, the Customer has inadvertently or intentionally failed to take delivery of the parcel, etc.), the Operator may claim compensation for damages caused by the breach of duty, which is subject to a contractual penalty. In such a case, the contractual penalty shall be set at a minimum of the postage paid and a maximum of 50% of the total price of the order. The Customer who has not accepted the order will be sent a message by e-mail requesting information on what to do next with his order. The Customer has 7 calendar days from the date of sending the message to respond to this request. If the Customer requests that the returned shipment be resent in this way, the Operator will add a second handling fee and postage to the total price of the shipment according to the applicable price list. Reshipment of the returned consignment is only possible on the basis of payment in advance. If the Customer fails to respond to the Operator's request within the specified period, the order will be cancelled by the Operator.
15. The customer as a private person (non-businessman) has the option to withdraw from the purchase contract within 14 calendar days of receipt of the goods in accordance with the law. In this case, the customer shall contact the operator and send him a written statement (not by electronic communication) of withdrawal from the contract, indicating the order number, date of purchase and account number or exact address for financial settlement. The Customer shall return the purchased goods in the same condition as when received (including documentation, accessories, etc.) to the Operator's address within 14 days of withdrawal from the contract (not COD), at the Customer's own expense, together with the original proof of purchase. The Customer does not have the right to withdraw from the contract if the goods were purchased and collected in person from the Operator. The Operator undertakes to refund to the Customer the price paid for the returned goods within 14 calendar days from the date of receipt of the returned goods in the same manner as was used to pay for the goods, unless otherwise requested by the Customer. If the returned goods are damaged, used, worn out or incomplete, the operator may refund the purchase price to the customer less the value of the damage or wear and tear of the goods in question, in the amount of at least 1% of the total price of the goods (in accordance with the relevant provisions of Section 457 of the Civil Code).
16. The Customer may not withdraw from a sales contract whose subject matter is the provision of a service if the performance of the service has commenced with the consent of the Customer before the expiry of the withdrawal period, nor may the Customer withdraw from the sale of goods made to the Customer's specific requirements, goods intended specifically for a single Customer, goods which cannot be returned due to their characteristics (e.g. for hygienic reasons, tailor-made, etc.) or goods which are perishable.
17. The operator 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 consultancy, transport or any other costs unless stated in the product description. The price of the goods is determined according to the current price list. Discounted (promotional) prices of goods are clearly marked with symbols (such as "promotion" or "sale"). The validity of the discounted prices lasts until the stock is sold out or for the duration of the period indicated at the discounted price.
18. If the customer is currently located or lives abroad, the operator shall agree payment and delivery terms with the customer individually. When delivering an order abroad, the Customer shall pay the price of the goods and delivery by courier service converted into the currency of the given country according to the current exchange rate of the National Bank of Slovakia (www.nbs.sk).
19. Warranty conditions are governed by the Complaints Procedure.
20. The operator is not liable for late delivery of goods caused by the carrier (post, courier) or by giving the wrong address or other contact details of the customer. The Customer is obliged to thoroughly inspect the goods upon receipt of the goods from the carrier and to confirm the receipt of the goods by signing the receipt of the goods on the receipt of the goods. If the shipment is visibly damaged or destroyed, the Customer is obliged to contact the Operator immediately without taking delivery of the shipment. Claims for any non-delivery of the goods due to the fault of the delivery person or damage to the goods caused by the delivery person must in such cases be made directly with the delivery person. Claims for mechanical damage to goods caused by transport, the receipt of which without defects has been confirmed by the Customer to the delivery agent, shall not be recognised as justified by the Operator and the Customer shall not be entitled to the benefit of such a claim.
21. All electronic orders for goods received shall be deemed to be a proposal for the conclusion of a contract of sale and shall not be considered binding. The Customer shall have the right to cancel an order without giving any reason at any time prior to the dispatch of the goods by e-mail or telephone. The Operator has the right to cancel the order in case of non-delivery of the goods due to force majeure, due to the termination of their production, due to their being out of stock or due to the impossibility of delivery at the price indicated in the online shop. In all such cases, the Operator shall inform the Customer thereof. The operator is obliged to provide the possibility of delivery of replacement goods. The Customer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of said goods. In the event of payment of the purchase price or part thereof, upon cancellation of the order, the funds shall be returned to the Customer within 14 calendar days in the same manner as was used to pay for the goods, unless the Customer requests otherwise.
22. We process the personal data of the Customer in accordance with the GDPR and Act No. 18/2018 Coll. on the Protection of Personal Data. The Customer agrees that the Operator shall process and store his/her personal data, in particular those listed above and/or which are necessary for the Operator's activities, and process them in all its information systems. The Customer grants this consent to the Operator for an indefinite period of time. The Customer may withdraw consent to the processing of personal data at any time in writing (by e-mail, letter) or by telephone, whereupon the Operator shall delete the Customer's personal data from its database. The registered customer can update his/her personal data directly in the online mode on the website of the online shop after logging into the customer account.
23. After placing an order or registering, the Customer may receive messages about offers of goods, promotions and services of the Seller. The Customer may cancel the mailing at any time via the link provided in the emails that will be delivered to him.
24. In addition to the general provisions of the Civil Code, special regulations, in particular Act No. 108/2000 on consumer protection in door-to-door and mail order sales, Act No. 250/2007 on consumer protection, apply to business relations (as well as other legal relations that may arise from it) with natural persons who do not act in concluding business contracts under these GTC within the scope of their business activities.
25. The Customer and the Operator agree to fully accept the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties. The electronic form of communication is not acceptable in case of withdrawal from the purchase contract.
26. By sending the order, the Customer confirms that he has read these GTC and agrees to them in their entirety. Notwithstanding any other provisions of these GTC, the Operator shall not be liable to the Customer for any loss of profit, loss of opportunity or any other indirect or consequential loss due to negligence, breach of the Purchase Contract or otherwise. In the event that any provisions of these GTC are found by the competent authorities of the Slovak Republic to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions of the GTC and the remaining parts of the relevant provision of the GTC shall remain unaffected thereby.
27. The GTC shall apply in the wording indicated on the Operator's website on the date of submission of the electronic order form, unless otherwise expressly agreed between both parties.
The Operator reserves the right to change these GTC. The obligation to give written notice of a change to the GTC is fulfilled by placing it on the website of the shop.
These GTC are valid from 15.02.2023 and fully replace the previous GTC. The Operator reserves the right to change the GTC without prior notice.
Seller's billing information:
KURA collection, s.r.o.
Zámočnícka 3
040 01 Košice
Slovakia
Business ID: 51 007 258
Tax ID: 2120562257
VAT reg. no.: SK2120562257
web: www.kuracollection.sk
e-mail: kuracollection@kuracollection.sk