General terms and conditions
Article 1 - Introductory provisions
- GARJEZ s.r.o., Tolstého 5, 81106 Bratislava, Slovakia, company ID: 54382238, tax ID: 2121684510, VAT ID: SK2121684510, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 159183/B, (hereinafter also referred to as the "Seller"), issues these General Terms and Conditions of Business (hereinafter also referred to as the "GTC"), which regulate the rights and obligations of the contracting parties in the conclusion and performance of the Purchase Contract.
- Terms used
- "Seller" means GARJEZ s.r.o., Tolstého 5, 81106 Bratislava, company ID: 54382238, tax ID: 2121684510, VAT ID: SK2121684510, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 159183/B website: www.garjez.com, phone number: +421909132418, e-mail: info@garjez.com,
- "Buyer" means a natural person, natural person - entrepreneur or legal entity that is interested in concluding a Purchase Contract with the Seller or that has concluded a Purchase Contract with the Seller,
- "Goods" means one or more movable items, in this case handbag(s), which the Seller offers for sale through its Website and which is the subject of the Purchase Contract,
- "Order" means an order placed by the Buyer via the Website,
- "Purchase Contract" means an obligation, the draft of which is created by the Buyer's order. The Purchase Contract itself is concluded at the moment of receipt of the Seller's binding consent to this proposal - confirmation of the order by the Seller. From this moment, mutual rights and obligations arise between the Buyer and the Seller,
- "Website" means the Seller's website: www.garjez.com
- "Promotion" or "Promotional Goods" means the Seller's marketing tool on the Website representing a system of various discounts.
- "Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises" means Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises and on amending and supplementing certain acts, as amended.
- "Civil Code" means Act No. 40/1964 Coll., the Civil Code of the Slovak Republic, as amended.
- The following terms beginning with a capital letter shall have the above meaning, unless otherwise expressly stated in these General Terms and Conditions (hereinafter referred to as the "GTC") or in the Purchase Agreement.
3.These GTC are an integral part of the Purchase Contract and are binding on the Buyer upon sending the Order to the Seller.
4.Divergent arrangements in the Purchase Contract shall prevail over the wording of these GTC.
5.The contractual relationship represented by the Purchase Contract shall be governed by the law in force in the Slovak Republic.
Article 2 - Purchase contract
- The Buyer's Order is the Buyer's proposal for the conclusion of the Purchase Contract, which is addressed to the Seller. The Order is binding on the Buyer. The Buyer shall place the Order exclusively through the Seller's Website by duly and completely filling in and submitting the form published on the Website. In the Order, the Buyer is obliged to indicate or confirm in particular: the Goods ordered by specifying their type and quantity; the purchase price and the method of payment; the place and method of delivery of the Goods.
- The Purchase Contract shall be concluded on the basis of the Buyer's Order and on the basis of the Seller's confirmation of the Order.
- Confirmation of the Order by the Seller is the acceptance of the proposal for the conclusion of the Purchase Contract, provided that it contains the same data as the data specified on the sent Order, except if the confirmation of the Order contains information and data resulting from the Purchase Contract, these GTC or generally binding legal regulations. The Order Confirmation shall be binding on the Seller. Confirmation of the Order shall be made by the Seller via electronic mail.
- The Seller is obliged to comment on the Order within 7 calendar days from the date of its dispatch by the Buyer, unless these GTC do not provide otherwise. The Seller may comment on the Order by:
- Confirm the Buyer's order, or
- Does not confirm the Buyer's Order, especially if the Seller, after sending the Order, finds out that for objective reasons or for reasons beyond its control (vis major), it is not able to fulfil the Buyer's Order.
- The Buyer is obliged to indicate in the Order the correct identification data that will enable the Seller to contact the Buyer in case of any discrepancies or ambiguities in the Order processing. Any change of the data specified in the Order already sent is possible only with the consent of
- The Seller's Online Shop system will send the Buyer an automatic confirmation of the Order receipt. If the Buyer does not receive this confirmation of receipt of the Order within approximately 30 minutes after the Order has been sent to the e-mail address provided by the Buyer, the Seller recommends the Buyer to check the Internet connection and also whether the confirmation is not in the junk mail folder (in spam). If the Buyer does not receive the Order confirmation, the Buyer is obliged to contact the Seller by sending a message to the following email address: info@garjez.com
- The Promotional Goods offered on the Seller's Website are governed by the binding terms and conditions of the relevant Promotion in addition to these GTC. Promotions and discounts cannot be combined with each other. All Promotions are valid while stocks last, unless otherwise stated.
Article 3 - Rights and obligations of the Buyer
- The Buyer is obliged to take delivery of the ordered Goods at the address specified in the Order.
- The Buyer is obliged to pay the Seller the agreed purchase price within the agreed due date, including the cost of delivery of the Goods.
- If the Buyer does not accept the ordered Goods, the Seller is entitled to withdraw from the Purchase Contract.
- The Buyer shall be entitled to delivery of the Goods in the quantity, quality, date and place agreed by the Parties in the Order Confirmation.
- The Buyer shall have the right to cancel the Order without giving any reason at any time prior to the dispatch of the Goods by e-mail or by telephone.
Article 4 - Rights and obligations of the Seller
- The Seller is obliged to deliver the Goods to the Buyer on the basis of a confirmed Order in the agreed quantity, quality and date and to pack them in an appropriate manner, unless otherwise specified in the GTC or the Purchase Contract,
- The Seller is obliged to hand over to the Buyer together with the Goods in written or electronic form at the latest all documents necessary for the acceptance and use of the Goods and other documents prescribed by applicable law (e.g. instructions, tax document).
- The Seller shall be entitled to the due and timely payment of the purchase price by the Buyer for the Goods delivered.
- In the event of non-delivery of the Goods by the Seller due to force majeure or any other relevant reason, the Seller shall promptly inform the Buyer of the reason for non-delivery. The Seller shall refund the full price paid by the Buyer.
Article 5 - Purchase price and payment terms
- The purchase price for the Goods and the price of postage and packing is set out on the Seller's Website. The purchase price for the Goods and the price for postage and packing are final. The Seller is a VAT payer.
- The price for postage and packing shall be charged in accordance with the valid price list, HERE
- The Seller may change the price of the Goods listed in the e-commerce catalogue on the Website for Orders of all Goods prior to confirmation of the Order in the event of a change in legislation, a change in currency exchange rates, a significant increase in inflation and a change in prices from the manufacturers or suppliers of the Goods, or if the Seller discovers that the price in question has been incorrectly quoted. The Seller shall inform the Buyer of this fact. The Seller shall be obliged to seek the Buyer's consent to change the price in accordance with the current price list before confirming the Order. The Buyer shall have the right to withdraw from the Purchase Contract in such case.
- The Buyer agrees to pay the Seller the purchase price for the Goods:
- Online payment by card through the payment gateway
- By direct transfer to the bank account of the Seller
- Gift voucher issued by the Seller (more information in Article 12)
- By discount coupon
- If the Buyer pays the Seller the purchase price by direct transfer to the account or online payment card, the date of payment shall be the date on which the entire purchase price for the Goods, including transport, has been credited to the Seller's account. Identification details for payment will be set out in the Order. The Seller shall be obliged to process the Order only after the full purchase price has been duly paid.
- The purchase price of the Promotional Goods as well as the shipping costs are valid for the ongoing Promotion until the stock is sold out, unless otherwise stated.
Article 6 - Delivery of Goods
- The Seller shall deliver the Goods to the Buyer at the address specified by the Buyer in the Purchase Contract, through the use of third party courier services.
- The Seller shall fulfil the Buyer's Order and deliver the Goods to the Buyer within 30 days (the usual delivery time is 3-5 days depending on the destination) from the confirmation of the Buyer's Order by the Seller, unless the Purchase Contract or the description of the Goods specifies a different time limit for delivery of the Goods.
- The Seller shall notify the Buyer of the date of delivery of the Goods and shall pack the Goods for carriage in a reasonable and suitable manner so as to ensure their protection.
- The Seller specifies the following options for delivery of the Goods:
- Transport by courier company DHL. More about shipping and pricing, HERE
- Collection of the Goods by the Buyer in person at the Seller's address.
- The Buyer is obliged to take delivery of the Goods at the place specified in the Seller's confirmation of the Order, unless the parties agree otherwise. If the Buyer fails to take delivery of the Goods within 5 working days after the expiry of the period specified in the Purchase Contract without prior written cancellation of the Purchase Contract, the Seller shall be entitled to claim damages in the amount of the actual costs of attempting to unsuccessfully deliver the Order. After the expiry of 5 working days from the date on which the Buyer was obliged to take delivery of the Goods, the Seller shall be entitled to withdraw from the Contract of Purchase and sell the Goods to a third party.
- If the Seller delivers the Goods to the Buyer at the place specified in the Purchase Contract by the Buyer, the Buyer shall take delivery of the Goods in person or arrange for the Goods to be taken delivery of by a person authorised by the Buyer to take delivery of the Goods specified in the Purchase Contract in the Buyer's absence, and sign the delivery and handover report. If delivery of the Goods has to be repeated due to the Buyer's absence from the place specified in the Purchase Contract, all costs incurred in doing so shall be borne by the Buyer, in particular the re-delivery of the Goods to the place specified in the Purchase Contract.
- The Buyer is obliged to inspect the Goods as well as their packaging immediately after delivery. In the event that the Buyer discovers that the Goods are mechanically damaged, the Buyer is obliged to notify the carrier and check the condition of the Goods in his presence. In the event that damage to the Goods is found, the Buyer shall be obliged to make a record of the extent and nature of the damage to the Goods, the accuracy of which shall be confirmed by the carrier. The Seller recommends that in the event of discovery of broken or damaged packaging, the Goods delivered shall not be accepted or dealt with directly by an employee of the transport company.
- Complaints of mechanical damage to the Goods, which was not apparent upon receipt of the shipment, must be made immediately upon receipt of the shipment, but no later than 24 hours after delivery of the Goods. It is the Buyer's responsibility to prove that the mechanical damage could not have been discovered even upon a thorough inspection of the Goods and their packaging as per the preceding paragraph. Subsequent claims for mechanical damage to the product can no longer be accepted.
- If, after the conclusion of the Purchase Contract, the Seller discovers that for objective reasons, or for reasons beyond its control, it is not possible to deliver any part and/or any type of the Goods to the Buyer, the Seller shall be entitled to propose to the Buyer an agreement to amend the Purchase Contract. In such case, the time of fulfilment of the Seller's obligation to deliver the Goods under the Purchase Contract shall be postponed until the agreement on the amendment of the Purchase Contract is concluded. If the conclusion of the Purchase Contract Variation Agreement does not take place no later than 7 days after the Seller's proposal to conclude the Purchase Contract Variation Agreement has been sent, or if the Buyer rejects the Seller's proposal to conclude the Purchase Contract Variation Agreement, the Seller and/or the Buyer may withdraw from the Purchase Contract. The provisions of these GTC shall apply mutatis mutandis to the conclusion of an agreement to amend the Purchase Contract.
Article 7 - Additional Authorizations of the Buyer
1. The Buyer declares that before sending the Order, the Seller has notified the Buyer of the information pursuant to § 10a of Act No. 250/2007 Coll. on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended, in particular:
a. Seller's identification data;
b. Seller's address at which the Buyer can make a complaint (Seller's registered office address); also email and telephone contact
c. The main characteristics of the Goods (description of the Goods, material of finish of the Goods, dimensions of the Goods, maximum permissible load capacity, etc.);
d. The total purchase price of the Goods, transport, insurance, etc.
e. Payment terms, delivery terms, the time by which the Seller undertakes to deliver the Goods;
f. Information on the procedures for the application and handling of claims, complaints and suggestions of the Buyer; as well as on the Buyer's right to withdraw from the Purchase Contract, even without giving any reason, within 14 days of receipt of the Goods
g. the procedure, time limit and conditions for withdrawal from the Purchase Contract (Article 8 of these GTC); the costs of returning the Goods within the statutory period of 14 days shall be borne by the Seller, HERE
h. Information that the Purchase Contract is concluded for a definite term, until its fulfilment;
i. Information about the warranty conditions and the Seller's liability for defects in the Goods;
j. Information about the possibility and conditions of dispute resolution through the alternative dispute resolution system pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended;
k. Complaints Procedure, HERE
l. Processing of personal data, HERE
2. If the Buyer - consumer is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, he has the right to contact the Seller with a request for redress (by e-mail to: info@garjez.com),. If the Seller responds to this request in a negative manner or does not respond within 30 days of its dispatch, the Buyer - consumer has the right to file a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity (hereinafter also referred to as "ADR") under Act No. 391/2015 on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain laws, as amended. The buyer-consumer can also file a complaint in the language of his/her choice through the European alternative dispute resolution platform RSO, which is available online, HERE
3. Alternative dispute resolution can only be used by the Buyer - consumer, which is a natural person who does not act within the scope of his business, employment or profession when concluding and performing the Purchase Contract. Alternative Dispute Resolution applies only to a dispute between the Buyer - consumer and the Seller arising out of or related to a consumer contract. Alternative dispute resolution applies only to distance contracts. More detailed information on the whole issue is regulated in Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended, in Regulation No. 524/2013 of the European Parliament and of the Council of the EU and in the Act on Consumer Protection in respect of the Sale of Goods or Services under a Distance Contract or a Contract Concluded away from the Seller's Business Premises.
Article 8 - Withdrawal from the Purchase Agreement – Returning the goods
- The Buyer is entitled to withdraw from the Purchase Contract without giving any reason within 14 days from the date of receipt of the Goods. The Goods shall be deemed to have been accepted when the Buyer or a person designated by the Buyer, except for the carrier, has accepted all parts of the Goods ordered.
- The Buyer is entitled to withdraw from the Purchase Contract before the actual delivery of the Goods, i.e. before the 14 day period has started to run. The Buyer may exercise the right to withdraw from the Purchase Contract with the Seller by notifying the Seller by e-mail to the following e-mail address: info@garjez.com ), indicating the Order number. The Buyer may use the withdrawal form from the Purchase Agreement, which can be found on the website HERE
- The Buyer is obliged to send the Goods back (by registered mail and with insurance) or hand them over to the Seller within 14 days from the date of withdrawal from the Purchase Contract at the latest. The Goods must not be sent as a COD shipment; in such case they will not be accepted.
- The Buyer may exercise the right of withdrawal in writing or on another durable medium (e.g. by e-mail), or by sending the completed withdrawal form, available HERE, to the following e-mail address info@garjez.com
- The right of withdrawal can also be exercised by sending a notice of withdrawal on the last day of the 14-day period.
- Returned Goods must be complete, including accessories, and must bear the original label and all the protective features of new Goods. The Goods must not be used or damaged. When returning the Goods, they must be packed so that they are delivered to the Seller undamaged and fit for resale. The Buyer shall be liable for any diminution in the value of the Goods resulting from handling of the Goods beyond that necessary to establish the characteristics and functionality of the Goods.
- The address for the return of the Goods is: GARJEZ s.r.o., J. Cajaka 11, Spisska Nova Ves, 05201, Slovakia, EU.
- The costs of returning the Goods, including their insurance, shall be borne by the Seller.
- The Seller is obliged to return to the Buyer without undue delay, no later than within 14 days from the date of receipt of the Buyer's withdrawal from the Purchase Contract, all payments received from the Buyer on the basis of or in connection with the Purchase Contract, including the costs of transport, delivery and postage, by bank transfer to the bank account designated by the Buyer. The Seller shall not be obliged to refund payments to the Buyer before the Goods are delivered to the Buyer.
10. The Seller is entitled to withdraw from the Purchase Contract in the cases defined in these GTC, as well as if:
a) the Buyer is in default in payment of the Purchase Price
b) the Seller's delivery of the Goods is in breach of generally binding legal regulations
c) for objective reasons or for reasons beyond its control, it cannot deliver the Goods to the Buyer..
- The provisions of this Article 8 of the GTC do not apply to withdrawal from the Purchase Contract due to defects in the goods. The Buyer's claims due to defects of the Goods are regulated in the Complaints Procedure, HERE
Article 9 - Acquisition of ownership of the Goods
- The Buyer acquires the ownership right to the Goods and the risk of damage to the Goods passes to the Buyer at the moment of its acceptance; this does not apply to the Buyer in the capacity of a natural person - entrepreneur and a legal entity.
- The Buyer in the capacity of a natural person - entrepreneur and a legal entity acquires the ownership right to the Goods at the moment of their acceptance or at the moment of payment of the purchase price for the Goods, whichever is later. The risk of damage to the Goods shall pass to the Buyer in the capacity of a natural person - entrepreneur and a legal entity at the moment of its acceptance or at the moment when it is in default of acceptance of the Goods, whichever is earlier.
Article 10 - Liability for defects of the Goods
- The Seller warrants the Goods. The warranty period shall be 24 months and shall commence from the date of receipt of the Goods by the Buyer. The warranty period shall be extended by the time during which the Goods have been under warranty repair.
- The warranty for the Goods covers manufacturing defects that become apparent during the warranty period, caused by a defect in materials or a functional defect.
- The Buyer is obliged to thoroughly inspect the Goods, as well as their packaging, upon receipt of the Goods from the carrier/courier and to acknowledge receipt of the Goods by signing the Goods on the Goods Receipt. If the Buyer discovers that the goods or the packaging of the goods are mechanically damaged, he is obliged to notify the carrier and check the condition of the goods in his presence.
- If the Buyer discovers damage to the goods upon receipt, the Buyer shall immediately upon receipt of the goods make a record of the extent and nature of the damage to the goods (damage record), the accuracy of which shall be confirmed by the carrier. On the basis of the record so made and delivered to the Seller, the Seller may subsequently provide for the removal of the defect in the Goods, a discount on the Goods or, in the case of irremediable defects in the Goods, deliver new Goods to the Buyer.
- The warranty does not cover normal wear and tear of the Goods or parts thereof caused by use. A shorter life of the Goods cannot therefore be considered a defect and cannot be claimed. Nor does the warranty cover defects caused by mechanical damage, unprofessional use, improper handling, improper maintenance of the Goods, excessive force/weight on the Goods.
- The Buyer is obliged to familiarize himself with the information on the proper care of the Goods listed, HERE
- The procedure for making a claim is set out in the Seller's Complaints Procedure HERE which is published on the Seller's Website.
- For the avoidance of doubt, the Seller's liability for defects in the Goods under these GTC does not apply to Buyers in the capacity of a natural person - entrepreneur and a legal entity.
Article 11 - Delivery
- Contact and communication details of the Seller: GARJEZ s.r.o., Tolstého 5, 81106 Bratislava, Website: www.garjez.com, phone number.: +421909132418, e-mail: info@garjez.com,
- Identification and communication data of the Buyer are specified in the Order.
- The Parties agree that if a document between the Parties is not delivered electronically by e-mail, the Parties are obliged to proceed to delivery by postal services in writing.
- In the case of electronic delivery to an e-mail address, the document shall be deemed to have been delivered on the date of receipt of the return e-mail confirming delivery.
- The Parties undertake to deliver any documents relating to the obligations between the Seller and the Buyer arising from these GTC or the Purchase Contract by post in the form of a registered letter. The Seller shall deliver documents by post to the Buyer at the address specified in these GTC or at the address notified in writing in the Purchase Order, unless the Buyer notifies a different address.
- The Parties expressly agree that a document shall be deemed to have been delivered to the addressee even if it is returned by post as a document not received by the addressee within the storage period, a document which the addressee has refused to accept or the addressee is unknown at the specified address.
- The Parties agree that the date of delivery of a document shall be deemed to be the date on which the document came into the addressee's possession, which shall mean the date of delivery of the document to the address specified in these GTC, or the address notified in writing in the Order, unless the Buyer notifies another address on which the Party could have become effectively acquainted with the contents of the document.
Article 12 - Protection of personal data
- Buyer's personal data shall not be disclosed
- The Buyer declares that before the commencement of the processing of his personal data, he, as a data subject, has been notified in advance by the Seller as a controller of the information required by law pursuant to Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended (hereinafter also referred to as the "PDPA") and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
- the information on the processing and protection of the Buyer's personal data published on the Seller's Website, HERE
- By sending the Order, the Buyer confirms that he/she has familiarised himself/herself with the Information on the processing of personal data, published on the Website at the above link, including the rights he/she has in connection with the processing of his/her personal data.
- If the Buyer has consented to the processing of personal data for marketing purposes and for information about discounted offers and news (list of personal data: name and surname, residential address, correspondence address, telephone number, e-mail address), his/her personal data will be processed for the above purpose.
- Consent is granted for a period of 5 years from the date of consent.
- The Buyer has the right to withdraw consent to the processing of personal data by written notice or by notice sent to the Seller's e-mail address.
- The Buyer consents to the Seller's use of remote means of communication when communicating with the Buyer. The Buyer agrees that the communication between him and the Seller shall also be carried out by means of electronic communications to the communication addresses provided or published by the Buyer: e-mail, mobile phone number or landline, including the sending of commercial offers, information about the Seller's products and services (unless the Buyer has refused it in writing), etc. Consent is granted for the period from the granting of this consent until the expiry of 4 years from the date of termination of any contractual or other legal relationship with the Seller. Consent may be withdrawn at any time by written notice to the Seller.
Article 13 - Discount goods
The seller is entitled to announce marketing events or competitions. You can find the rules and conditions of these events or competitions on the website www.garjez.com
Article 14 - Gift vouchers
- A gift voucher (or otherwise a voucher) of GARJEZ s.r.o. is one of the payment methods that can be redeemed on the Seller's website.
- The gift voucher can be purchased on the Website www.garjez.com
- The voucher can only be used once.
- The gift voucher is valid for one year from the date of issue of the voucher. The gift voucher cannot be used after this period.
- The buyer is not entitled to a refund after the Gift Voucher expires (valid for 1 year).
- The Gift Voucher is not redeemable and cannot be exchanged for cash.
- In the event that the purchase price for returned or claimed Goods and Goods for which the Purchase Contract has been withdrawn is paid by the Buyer in the form of Gift Vouchers or a combination of Gift Vouchers and cash, in the event of withdrawal from the Purchase Contract, the Seller shall refund the purchase price to the Buyer in the same form as it was paid by the Buyer. However, the value of the gift vouchers returned to the Buyer shall not exceed the value of the gift vouchers paid by the Buyer when purchasing the Goods. If the return of the gift vouchers would not be possible for objective reasons, in particular because the Seller does not have the gift vouchers in the required amount, the Seller shall provide the Buyer with a cash refund.
Article 15 - Final provisions
- These General Terms and Conditions come into force and effect on 01.05.2022.
- The Seller reserves the right to change these General Terms and Conditions, in particular, but not exclusively due to changes in legislation, technical possibilities, changes in business, etc.
- The obligation to notify in writing of a change in these GTC is fulfilled by placing it on the Seller's Website.
- By submitting the Order, the Buyer confirms that he has read these GTC, has been duly and thoroughly acquainted with their contents and agrees with them, and all provisions of the GTC are comprehensible to him.
- In the event that any provisions of these GTC are found to be invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions and the remaining parts of the relevant provision shall remain unaffected thereby. The provisions of the relevant legislation shall apply instead of the invalid, ineffective and unenforceable provisions.
- Any litigation shall be subject to the jurisdiction of the country of the Seller's registered office and therefore these GTC shall be governed by and construed in accordance with the laws of the Slovak Republic and the EU.
- Supervisory Authority: Slovak Trade Inspection (SOI) Inspectorate SOI for the Bratislava Region Bajkalská 21/A, P.O. Box No. 5, 820 07 Bratislava Department of Technical Product Inspection and Consumer Protection.