Legal notice

Shopping Policy

1. General provisions

These general terms and conditions (hereinafter referred to as the ‘GTC’) govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller – Mgr. Dominika Artim; place of business: Na Bikoši 14883/23, 080 01 Prešov; IČO (company registration number): 53334124, registered in the Trade Register of the District Office Prešov, Trade Register No.: 750-55951 (hereinafter referred to as the ‘seller’) and the purchaser, having as its object the purchase and sale of goods on the website barnashki.com as the Seller’s e-shop.

Contact details of the Seller: hello@barnashki.com

The contracting parties have agreed, that by sending the order to the seller, the purchaser confirms, that it agrees that these general terms and conditions and their conditions and provisions shall apply to all purchase contracts, concluded on any website of the e-shop operated by the seller, based on which the seller shall supply the goods presented on the website in question to the purchaser (hereinafter referred to as the ‘purchase contract’ and shall apply to all relations between the seller and the purchaser, arisen particularly when concluding the purchase contract and in the claim of goods.

The general terms and conditions form an integral part of the purchase contract. If the seller and the purchaser enter into a written purchase contract, in which they agree on the conditions different from the general terms and conditions, the provisions of the purchase contract shall be given priority to the general terms and conditions.

List of goods on the website referred to in art. 1 (1), operated by the seller is a catalogue of commonly supplied goods. The availability of goods and the time of delivery are stated in each product, prior to its order.

The purchaser is a consumer or an entrepreneur. The consumer is a natural person who, when concluding and performing the consumer contract does not act within its trade activity or other business activity. The seller’s legal relations with the consumer not explicitly governed by the GTC are governed by the relevant provisions of Act 40/1964 Coll. of the Civil Code as well as by the related regulations.

The entrepreneur is:

person registered in the business register
person, who runs a business based on a trade license
person, who runs a business based on a license other than a trade license in accordance with specific regulations
person, who conducts an agricultural production and is recorded in the register according to a specific regulation.

The legal relations between the seller and the purchaser, who is an entrepreneur, not explicitly governed by these GTC or by the contract between the seller and purchaser are governed by the relevant provisions of Act 513/1991 Coll. of the Civil Code as amended as well as by the relevant regulations. In case of any differences between the GTC and the individual contract, the text of the contract is given priority.

2. The way of the purchase contract conclusion

If the purchaser is a consumer, the offer for a purchase contract is the placement of the offered goods by the seller on the websites; the purchase contract arises from sending the order by the purchasing consumer and the acceptance of the order by the seller. The seller shall immediately confirm this acceptance to the purchaser by an informative e-mail to the entered email; however, this confirmation does not affect the creation of the contract. In the informative e-mail, the purchaser shall also find a link to existing text of the GTC and the return policy of the seller.

If the purchaser is an entrepreneur, the offer for a purchase contract is a sent order of goods by the purchasing entrepreneur and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the purchasing entrepreneur with this offer.

3. Rights and obligations of the seller

The seller is obliged to:

deliver the goods to the purchaser based on the order confirmed by the seller in the agreed amount, period and to package it or equip it for transportation in the manner necessary for its preservation and protection,
ensure, that the delivered goods comply with the applicable legislation of the Slovak Republic,
submit all documents necessary for taking over and using the goods and other documents required by the applicable legislation (instruction manuals in Slovak language, guarantee statement, delivery note, tax document) to the purchaser, not later than together with the goods, in the written or electronic form,
The seller has the right to proper and timely payment of the purchase price for the delivered goods by the purchaser.

4. Rights and obligations of the purchaser

The purchaser is obliged:

to take over the purchased or ordered goods,
to pay the seller the agreed purchase price within the agreed due date, including the costs of goods delivery,
not to damage the seller’s reputation
to confirm taking over of the goods in the delivery note by its signature or by the signature of a person authorized by the purchaser

The purchaser has the right to delivery of the goods in the amount, quality, period and place agreed by the contracting parties in the binding order acceptance.

5. Specific provisions regarding the purchase and sale of goods made according to consumer’s specific requirements, personalised goods or goods intended specifically for a single consumer

In the case of goods, where the orders states that it concerns the sale of goods made according to customer’s specific requirements, personalised goods or goods intended specifically for a single consumer, withdrawal from the contract after its conclusion is not possible in accordance with art. 7 sec. 6 (c) of Act 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller, as amended.

In such a case, the seller shall offer the possibility of additional adjustment of the goods, even though it is a sale of goods made according to the customer’s specific requirements, personalised goods or goods intended specifically for a single consumer, however only if the goods are returned in the same condition as they were dispatched and the costs related to the postal traffic shall be borne by the purchaser.

6. The terms of supply and payment

The goods are sold according to the exhibited samples, catalogues, type sheets and sample books of the seller positioned on the website referred to in point 1 of the seller’s e-shop.

The seller is obliged to meet the purchaser’s order and to deliver the goods to the purchaser within 30 days from the delivery of goods by the supplier or manufacturer of the goods to the seller.

The purchaser is obliged to take over the goods at the place specified in the order acceptance of the purchaser by the seller. If the purchaser does not take over the goods (based on the order), the seller reserves the right to be compensated for the loss suffered. If the customer does not take over the goods upon the first delivery and requests re-delivery of the goods, it is obliged to pay the costs of re-delivery of the goods.

The seller is entitled to invite the purchaser to take over the goods before the expiry of the period agreed in the purchase contract.

The place of delivery of goods is the place specified in the order acceptance by the seller, unless the contracting parties agree otherwise in the purchase contract.

If the seller delivers the goods to the purchaser to the place specified in the purchase contract by the purchaser, the purchaser is obliged to take over the goods in person or ensure that the goods are taken over by a person authorized by the purchaser in case of the purchaser’s absence for taking over the goods specified in the purchase contract and to sign the record on delivery and hand-over. The third party authorized to take over the goods specified in the purchase contract is obliged to submit the original or a copy of the purchase contract and of the proof of payment for the goods and a written authorisation to the seller. If it is necessary to repeat the delivery of goods due to the purchaser’s absence at the place specified in the purchase contract, all costs incurred shall be borne by the purchaser, especially the repeated delivery of goods to the place specified in the purchase contract and stowage in the amount specified in point 2 of this article of these general terms and conditions. The goods are considered delivered at the moment of delivery of the goods to the address stated in the binding order acceptance and taken over at the moment of physical take-over of the goods by the purchaser or its authorised representative or by refusing to take over the goods, which shall be marked in the record on delivery and hand-over by the carrier.

We recommend the purchaser to inspect the shipment, i.e., the goods as well as their packaging immediately after delivery. If the purchaser discovers that the goods or their packaging are mechanically damaged, we recommend the purchaser to notify the carrier about this fact and to inspect the condition of the goods in the presence of the carrier. If any damage to the goods has occurred, we recommend to draw up a record on the extent and nature of the damage of goods, the accuracy of which shall be confirmed by the carrier where practicable. Sending a record made in this way, delivered to the seller will subsequently help the seller to evaluate the liability for damage to the shipment and provide for the elimination of the goods defect, a discount on the goods or the delivery of new goods to the purchaser in case of irreparable defects of goods.

If the seller does not deliver the goods within the period specified in point 2 of this article of the general terms and conditions, the purchaser is entitled to withdraw from the purchase contract and the seller is obliged to refund the paid part of the purchase price to the purchaser within 14 days from the date of delivering the withdrawal from the purchase contract in the way the seller opts for.

The purchaser shall receive an invoice by e-mail for each shipment. Where a guarantee statement is required, it shall be included in the package.

The seller accepts the following methods of payment:

payment in advance by bank transfer through a payment gateway designated for that

7. Purchase price

The purchaser is obliged to pay the seller the purchase price of the goods agreed in the purchase contract and/or according to the seller’s price list valid at the time of the purchase contract conclusion including delivery costs (hereinafter referred to as the ‘purchase price’) in the form specified in art. 6 point 10 of these general terms and conditions.

The price of the order is binding and unchanging after the purchaser sends it.

If the purchaser pays the seller the purchase price through wire transfer, the day of payment is considered to be the day, when the entire purchase price is credited to the seller’s account.

The purchaser is obliged to pay the seller the purchase price for the agreed goods within the period under the purchase contract.

If the purchaser pays the seller the purchase price for the goods agreed in the purchase contract, the purchaser is entitled to withdraw from the purchase contract and demand a refund of the purchase price only in accordance with the applicable legislation of the Slovak Republic.

8. Acquisition of ownership and the passing of the risk of damage to the goods

The purchaser acquires ownership of the goods upon the takeover of goods.

The risk of damage to the goods passes to the purchaser at the moment of the goods take-over from the seller.

9. Return policy

The return policy which governs the complaints procedures is here: Refund Policy.

10. Personal data and their protection

We ensure personal data protection in accordance with the requirements of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the general data protection regulation) (hereinafter referred to as the ‘Regulation’) and of Act No 18/2018 Coll. on personal data protection and amending and supplementing certain Acts (hereinafter referred to as the ‘Act’).

You can find information on the processing of personal data on the website in the section Personal data protection in the document entitled Privacy Policy. The purchaser acknowledges, that it is obliged to provide the seller with personal data in the correct and true form and it is also obliged to inform the seller of any change in its personal data.

11. Withdrawal from the purchase contract

In accordance with Act 102/2014 Coll., as per art. 7 sec. 1 regarding the protection of consumers in mail order sale, the purchaser is entitled to withdraw from the contract within 14 calendar days from the goods take-over. In the event of application of this right, the purchaser is obliged to meet the requirements and the procedure specified in art. 11 point 2 of the GTC.

If it comes to withdrawal, the contract shall be terminated from the beginning and the supplier shall return or compensate all mutually accepted performances to the purchaser and vice versa. If the customer decides to withdraw from the contract within the period stated in art. 11 point 1, the customer is obliged to comply with the following conditions:

to contact us (see contact details), requesting the contract withdrawal, specifying the order number, forename and surname, date of purchase and account number or address for refund.
if the purchaser has already received and taken over the goods, the purchaser shall send them back to our address stated on the website referred to in art. 1 point 1 in the section Contact under the following conditions:
the goods must be packed in any protective packaging, suitable for their delivery to the seller
- the goods must not be used
- the goods must not be damaged
- the goods must be complete, with hangtags, too (including package leaflet, giftware etc.)
- The purchasing consumer is obliged to return the goods complete, with the complete documentation, unimpaired, clean, including the original packaging if possible, packed and in the condition and value in which the consumer took over the goods. If the returned goods will be incomplete or impaired, the seller may reduce the refunded price by the corresponding sum.

If all the above-mentioned conditions for the return of goods are met, we will forthwith send you money for the goods by transfer to your account or not later than 14 days after the physical receipt of goods.

The goods must be sent by registered post and insured, since we are not liable for their possible loss on the way to us.

The consumer acknowledges, that if it withdraws from the contract, it shall bear the costs of returning the goods to the seller and if it withdraws from the remote contract, it shall also bear the costs of returning the goods, which are not possible to return via mail service due to their nature.

The purchasing entrepreneur is not entitled to withdraw from the purchase contract.

12. Alternative dispute resolution for consumer disputes

In the event of a consumer dispute concerning the sale of our goods or the provision of our services, the alternative dispute resolution for consumer dispute pertains to The Slovak Trade Inspection - www.soi.sk ("SOI"), which you may refer to regarding any consumer dispute. You may also use the website in order to bring the extrajudicial procedure and to obtain information on the extrajudicial procedure of consumer disputes (including cross-border disputes) regarding the goods purchased through the internet. There may also come to existence other so-called authorized persons / entities for the alternative dispute resolution for consumer disputes, in which it is also possible to initiate extrajudicial settlement.

The procedure for the alternative dispute resolution for consumer disputes is initiated on a proposal from the consumer at SOI (or other authorized person), which must include

identification data of the parties to the dispute (yours and ours)
a complete and comprehensible description of the operative events (what is disputed)
an indication of what the petitioner (you) claims (e.g. refund of the purchase price, replacement of goods etc.)
date, on which the petitioner exercised its right, which is the subject-matter of the dispute, with the seller for the first time (e.g. the first complaint)
a statement, that the case has not been decided by the court, no arbitration award has been given, no agreement has been reached between the parties in the alternative dispute resolution for consumer disputes and that no procedure before the court or an arbitration or an alternative dispute resolution for consumer disputes has been initiated according to this act,
date and signature of the petitioner (yours).

The proposal shall also be accompanied by a proof, that the petitioner has not been able to resolve the dispute directly (our correspondence etc. for example) and other documents confirming the stated facts if they are available. The power of attorney shall also be attached to the proposal if the petitioner is represented on the basis of power of attorney. The proposal may be submitted in writing in particular, by word of mouth in the minutes or electronically via e-mail ars@soi.sk.

The consumer may turn to an alternative dispute resolution entity, with its value higher than €20.

The petitioner (you) may file a motion at SOI or other authorized entity not later than within 1 year from the day, when the petitioner exercised its right, which is the subject-matter of the dispute, with the seller for the first time (withdrawal from contract/complaint for example).

The alternative dispute resolution for consumer disputes must be concluded within 90 days from its beginning. In especially complex disputes, this period may be extended by 30 days, repeatedly, too.

The alternative dispute resolution for consumer disputes is concluded

by concluding an agreement of the parties to the dispute (consensual),
by issuing a reasoned opinion,
by postponing the proposal (for example, the consumer declares, that it decided to terminate its participation in the alternative dispute resolution),
by decease or by declaring death in case of a party to the dispute, who is a natural person,
by termination without a legal successor in case of a party to the dispute, which is a legal person
by striking off an authorized legal person from the register.

The alternative dispute resolution for consumer disputes is free of charge. The costs related the alternative dispute resolution for consumer disputes are borne by the parties themselves.

SOI or an authorized entity establishes the rules for alternative dispute resolution for consumer disputes, by which it shall regulate the procedure in the alternative dispute resolution for consumer disputes in more detail so that it is in accordance with statutory rules.

If the alternative dispute resolution for consumer disputes shall not lead to the consumer dispute resolution, you may apply to the courts of course. Naturally, you do not have to use the option of the alternative dispute resolution for consumer disputes (it may be always recommended to use it of course) and you may apply to the competent court directly concerning a consumer dispute resolution.

13. Final provisions

The seller reserves the right to alter these general terms and conditions. The obligation to notify the change in these general terms and conditions in writing is fulfilled by placing it on the seller’s e-shop website.

If the purchase contract is concluded in writing, any change must be in the written form.

In case of doubt, the contracting parties have agreed that the period of use is deemed the period from the goods delivery to the purchaser as per art. 6 point 6 of these general terms and conditions until the day of the goods delivery to the seller as per art. 11 point 5 of these general terms and conditions.

The contracting parties have agreed that they shall communicate each other in the form of e-mail messages.

For the relations not governed by these general terms and conditions, the relevant provisions of the Civil Code, the Act, act 22/2004 Coll. on the electronic commerce and concerning the amendments of act 128/2002 Coll. on the state control of domestic market regarding the protection of consumers and concerning the amendments of certain acts in wording of act 284/2002 Coll. as amended and of Act on the protection of consumers in mail order sales.

These general terms and conditions shall enter into force for the purchaser by concluding a purchase contract.

By sending an order, the purchaser confirms that it has read these general terms and conditions and agrees with them in their entirety.

14. The supervisory authority is:

Slovenská obchodná inšpekcia (SOI) (Slovak Trade Inspection)

The SOI inspectorate for the region of Prešov

Obrancov mieru 6, 080 01 Prešov 1

Supervisory department

Department of technical inspection of goods and of consumer protection

Tel. no.: 051/ 7721 597

Fax no.: 051/ 7721 596

E-mail: pr@soi.sk

By ordering goods from barnashki.com website I do confirm that I agree with the trade conditions.