General terms and conditions

Viera Brunovská

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1. Introductory provisions and definitions of terms

• • The subject and purpose of these GTC is to further regulate the mutual rights and obligations arising between the Seller and the Buyer when selling or purchasing Goods within the framework of the Contracts concluded between them.
  • The terms listed with capital letters have the following meaning (in both the singular and plural, depending on the context):

“Buyer” means a natural person who, in the position of a buyer, concludes a purchase contract with the Seller regarding the Goods.

“Seller” means Viera Brunovská, place of business: Tolstého 879/3, 811 06 Bratislava, Company ID: 37440241, e-mail: hello@vierabrunovska.com, telephone number: +421 905 420 367.

“Goods” means the jewelry offered for sale by the Seller on the Website.

“GTC” means these general terms and conditions.

“Website” means the Seller’s internet portal available at vierabrunovska.com, on which the current offer of Goods is advertised.

“Contract” means a purchase contract concluded remotely via electronic mail (e-mails) between the Seller and the Buyer, the subject of which is the sale/purchase of Goods and of which these GTC are a part.

2. Process of concluding the Contract

• • The Seller operates a Website, within which it presents the offer of the Goods to the public and potential buyers. The Website is informative and promotional in nature and contains information about the Goods, including prices.
  • When browsing the Goods on the Website, the Buyer is provided with a technical opportunity to express serious interest in a specific Goods by completing and sending a form designated for this purpose; when filling out this form, the Buyer is obliged to provide his basic identification and contact information, namely his name and surname, e-mail address and telephone number.
  • Following the sending of such a request by the Buyer, the Seller is automatically informed of his serious interest in the Goods. Based on such a request, the Seller will prepare an offer for the Buyer, which will then be sent from its e-mail address hello@vierabrunovska.com to its e-mail address (which it entered when expressing serious interest in the Goods), and this offer will include in particular the following details: precise specification of the Goods and their price, estimated delivery date, delivery options and payment terms.
  • After receiving the offer from the Seller, the Buyer is entitled to place a binding order for the Goods in question within 48 hours by replying from its e-mail address (which it entered when expressing serious interest in the Goods) to the Seller’s e-mail address. At the same time, he is obliged to provide the Seller with the requested delivery address of the Goods and any missing identification, billing or other necessary data, no later than this e-mail message (binding order).
  • The Seller, without undue delay after receiving the Buyer’s binding order, will definitively confirm the receipt of the order (which will result in the conclusion of the Contract) and at the same time send the Buyer an invoice for the purpose of payment of the purchase price.
  • The Contract can be concluded remotely exclusively via electronic mail (i.e. e-mail messages). The website is only an informative tool for presenting the Goods, it is not an online market according to Act No. 108/2024 Coll. on consumer protection and it is not possible to conclude a Contract through it.
  • The Seller is always entitled, depending on the nature of the order (quantity of Goods, purchase price, etc.), to request additional confirmation of the order from the Buyer (either in writing or by telephone).

3. Purchase price

• • The Seller shall issue to the Buyer an invoice representing a tax document and containing the necessary particulars required by the relevant legal regulations, usually with a maturity of 5 days, which shall be delivered to the Buyer electronically to his e-mail address together with confirmation of receipt of the order.
  • The Buyer is obliged to pay the agreed purchase price for the Goods on the basis of the invoice issued by the Seller in this way, while he is obliged to comply with all payment instructions specified in the invoice (e.g. indication of a variable symbol, etc.).
  • The prices of the Goods stated on the Website are final and include the relevant taxes; this does not affect the Seller’s right to change and update the prices of the Goods stated on the Website at any time, nor the Seller’s right to conclude a Contract under individually agreed conditions. The price of the Goods already includes the costs associated with packaging and transportation of the Goods within the territory of the Slovak Republic.
  • The Buyer is obliged to pay the purchase price for the Goods to the Seller by cashless payment (bank transfer). The invoice is considered paid on the date of crediting the relevant amount to the Seller’s bank account specified in the invoice.
  • The Seller will send the Goods to the Buyer only after the full and timely payment of the purchase price.

4. Delivery of the Goods

• • The Seller will usually send the Goods to the Buyer within 5 to 30 days of full payment of the purchase price, unless the parties have agreed otherwise in the Contract (in particular, but not limited to, in the case of custom-made Goods requiring a longer production time, etc.).
  • The Seller offers the Buyer the following forms of delivery of the Goods:

• personal collection in Bratislava; or
• delivery by Slovenská pošta, a.s. within the territory of the Slovak Republic.
  • The Buyer is obliged to specify to the Seller, at the latest when placing a binding order pursuant to Article 2.4. of these GTC above, which form of delivery of the Goods he chooses.
  • If, for any unforeseen reasons (e.g. force majeure), the delivery date of the Goods changes compared to the time foreseen in the Contract, the Seller will inform the Buyer immediately.
  • The Buyer is obliged to take over the Goods and provide cooperation in taking them over (e.g. pick them up at the relevant post office after receiving a notification of the deposit of the postal item, etc.). If the Buyer does not accept the Goods upon delivery, the Seller is entitled to withdraw from the Contract.
  • In the event that, for reasons on the Buyer’s part, it is necessary to deliver the Goods repeatedly or in a manner other than by mail, the Buyer is obliged to pay the Seller the costs associated with the repeated delivery of the Goods or with delivery in a manner other than by mail.
  • In the case of Buyers to whom the Goods are delivered outside the territory of the Slovak Republic and therefore abroad, the Seller, within the offer pursuant to Article 2.3. of these GTC above, may also inform the Buyer about the costs associated with the transport of the Goods abroad, which the Buyer will bear.
  • The risk of damage to the Goods passes to the Buyer upon the Seller’s handover of the Goods to the postal carrier for transport or, in the case of personal delivery, upon the Buyer’s receipt of the Goods. Ownership of the Goods passes to the Buyer upon full payment of the purchase price.
  • The Buyer is obliged to immediately inspect the Goods upon receipt to check whether the Goods have been damaged during transport and to immediately inform the Seller of any relevant findings.

5. Liability for defects and complaints

5. • The Seller is liable to the Buyer for defects in the Goods that the Buyer has at the time of delivery and that become apparent within 24 months of delivery of the item.
   • The Buyer may exercise rights under liability for defects only if he has notified the Seller of the defect without undue delay, but no later than 24 months from the date of receipt of the Goods.
   • The Buyer is obliged to inform the Seller of any defects in the Goods that may be detected without undue delay, by means of an e-mail message addressed to hello@vierabrunovska.com, in which he will describe in more detail any and all relevant facts regarding the identified defects and/or shortcomings, including the proposed method of resolving the complaint.
   • The Seller will provide the Buyer with an e-mail confirmation of receipt of the complaint, whereby it shall also state the period within which the defect and the possible method of its elimination shall be stated in a factual manner, not longer than 30 days from the date of the defect being pointed out (unless objective reasons justifying the need for a longer period are given).
   • When resolving the complaint, the Buyer is obliged to provide the Seller with reasonable cooperation, necessary and necessary for the examination and resolution of the situation, according to its instructions; in particular, but not limited to, sending her photographs or other records of defects in the Goods, providing her with an explanation and a more detailed description of the condition of the Goods by telephone, including all true and objective information regarding the claimed Goods and their use, sending the Goods back to the Seller for the purpose of checking the condition of the item, etc.
   • If the Seller is held liable for the alleged defect, the Buyer has the right to have the defect removed in one of the following ways:
6. by repairing the Goods (if possible);
7. by exchanging the Goods;
8. by giving them a reasonable discount on the purchase price; or
9. may withdraw from the Contract,

whereas the choice of this method must be made in accordance with the relevant provisions of the Civil Code (in particular § 621 – 624).

• If the Buyer (consumer) is not satisfied with the way in which the Seller has handled his complaint, he has the right to exercise his rights and legal remedies pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes.

6. Withdrawal from the Contract

• • The Buyer (consumer) is entitled to withdraw from the Contract within 14 days from the date of receipt of the Goods, even without giving a reason.
  • The Buyer is not entitled to withdraw from the Contract, the subject of which is the sale of Goods made according to the Buyer’s special requirements, or. Custom-made Goods.
  • Withdrawal from the Contract must be in writing, and the Buyer may do so either electronically by e-mail addressed to hello@vierabrunovska.com or by a written notification addressed to the Seller. A sample form for withdrawal from the Contract is contained in Appendix 1 of these GTC.
  • After withdrawing from the Contract, the Buyer is obliged to return the Goods to the Seller without undue delay, but no later than within 14 days. The costs associated with returning the Goods are borne by the Buyer, and he is obliged to return them undamaged, unworn, clean and packaged in the same way as the Buyer received them. In the event of returning damaged Goods, the Seller shall have the right to compensation for damages, and this claim may be unilaterally set off against the Buyer’s right to a refund of the purchase price.
  • The Seller shall refund the purchase price to the Buyer without undue delay, but no later than 14 days from the withdrawal from the Contract, to the same bank account from which the Buyer paid the purchase price. However, it is not obliged to refund the purchase price to the Buyer before he returns the Goods to her, or proves that he sent the Goods to her.

7. Intellectual property

• • The Buyer acknowledges that the Goods, their photographs, as well as any advertising materials, images, other markings of the Goods and the content of the Website are the work of the Seller and are protected under applicable legal regulations, including as a subject of copyright.
  • The Buyer is not entitled to produce or have copies of the Goods made without the prior written consent of the Seller. The Seller is, on the other hand, entitled to produce the same or similar Goods for another Buyer without the Buyer’s consent.
  • If the Seller is to produce/modify the Goods according to the Buyer’s instructions, the Buyer is responsible for ensuring that the production or modification of the Goods does not infringe on the rights of third parties and undertakes to compensate the Seller if this does not occur.
  • If the Seller produces or modifies the Goods according to the Buyer’s idea or design or in cooperation with him, by providing this design to the Seller, the Buyer grants a non-exclusive license to this design, to the production of the Goods and its copies free of charge, for an indefinite period without territorial and time restrictions.
  • By concluding the Agreement, the Buyer does not acquire any rights to the Seller’s industrial and other intellectual property. The Buyer agrees to the publication of photographs of the Goods purchased by him on the Website and in any promotional materials of the Seller.

8. Personal data protection

• • The Seller will process any and all personal data provided in connection with the conclusion of the Contract by the Buyer in accordance with the relevant legislation regarding the protection of personal data, in particular with Act No. 18/2018 Coll. on the protection of personal data and EU Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
  • The personal data provided will be processed by the Seller, as their processing is necessary for the performance of the Contract.
  • The Buyer has the right to access the processed personal data, restrict the processing of personal data, delete and correct them (if the legal conditions are met) and object to the processing. To exercise any of these rights, the Buyer may contact the Seller via the e-mail address specified above. He may also file a complaint with the Personal Data Protection Office of the Slovak Republic if he believes that any of his rights have been threatened or violated.

9. Final Provisions

• • Relationships and any disputes arising under the Agreement and/or in connection with it will be resolved exclusively under the law of the Slovak Republic and will be resolved by the competent courts of the Slovak Republic.
  • Any documents may be delivered to the Buyer at his e-mail address, unless otherwise agreed. The primary method of communication between the Seller and the Buyer is e-mail (whereas the Seller communicates exclusively via the e-mail address specified above). If the Buyer communicates with the Seller via postal services (exclusively via the place of business specified above as the delivery address), the Buyer bears the costs of this communication and the Seller also reserves the right to respond via e-mail in this case, if the Buyer provides his e-mail address.
  • These GTC form an integral part of each Contract under which the Seller supplies the Goods to the Buyer. Any deviating arrangements contained in the Contract take precedence over the wording of these GTC. By concluding the Contract, the Buyer agrees to these GTC and confirms that he has become familiar with the content of these GTC, that he understands their content and that he undertakes to comply with these GTC.
  • If individual provisions of these GTC are or become ineffective and/or invalid, this shall not affect the validity and/or effectiveness of the other provisions of these GTC.
  • The Seller may amend and/or supplement the wording of these GTC. This shall not affect the rights and obligations arising during the validity of the previous version of the GTC.
  • These GTC are effective from 30.11.2024.

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Annex 1

Sample form for withdrawal from the Contract

Viera Brunovská</ strong>

Tolstého 879/3

811 06 Bratislava

hello@vierabrunovska.com

In [place], on [date]

MAINTENANCE: Withdrawal from contract

I, the undersigned , [buyer identification], hereby inform you that I withdraw from the following distance purchase contract:

• Date of conclusion of the contract: […],
• Ordered goods: […],
• Delivery address goods: […]