Terms and Conditions

I.

General provisions

 

These general terms and conditions (hereinafter referred to as "terms and conditions") apply to purchases in the online store brandify.sk, whose operator is the company Brandify, s. r. o., with its registered office at Námestie SNP 23, 811 01 Bratislava, ID No.: 55 737 811, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, email: kevin.hamar@hamar-sro.com, contact person: Kevin Hamar, Managing Director.
Terms and conditions are an integral part of the concluded purchase contract between the seller and the buyer on the other side.
All contractual relations are concluded in accordance with the applicable legislation in the Slovak Republic.
In the event that a consumer is a party to the contract, relations not governed by these terms and conditions shall be governed by law:

No. 40/1964 Coll. the Civil Code as amended (hereinafter referred to as the "Civil Code");

No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection 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 Outside the Seller's Premises and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Act on Consumer Protection in the Distance Sale of Goods");
No. 22/2004 Coll. on electronic commerce and on amendment and supplementation of Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts, as amended by Act No. 284/2002 Coll. as amended (hereinafter referred to as the "Act on electronic commerce").

5.If the contracting party is an entrepreneur, the relations not regulated by these terms and conditions are governed by Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the "Commercial Code").

II.

Definitions

A consumer contract is any contract, irrespective of its legal form, concluded between a seller and a buyer.
The Seller is Brandify, s.r.o., which is the operator of the online shop to which these terms and conditions apply. The subject of activity is the sale of goods through an online shop on the website www.brandify.sk (hereinafter referred to as the "online shop").
The buyer is the customer who enters into a contractual relationship with the seller on the basis of a purchase contract.
The customer of our online shop can be any natural person with legal capacity or a legal person who has expressed an interest in purchasing goods on the online shop. Under these terms and conditions, a customer is also understood to include, in certain circumstances, a third party designated by the customer in a binding order as the person to whom the ordered goods are to be handed over (hereinafter referred to as the "Authorised Person"). The indication of the name of the authorised person in the binding order shall be deemed to be his authorisation to take delivery of the ordered goods.

III.

Order and conclusion of the purchase contract

The buyer selects a product based on the current offer published in the online store, confirms this selection by clicking on the "Add to cart" button, fills in the order form (e-mail, in the case of purchase of goods delivery address), selects the number of products, specifies the product parameters and selects the method of payment. Orders placed through the online shop are binding. When placing an order, the buyer confirms that he/she has read and agrees to these terms and conditions and the processing of personal data.
The proposal for the conclusion of a contract is the placement of the offered goods in the online store, the contract is formed when the buyer sends the order and the seller accepts the order. Without undue delay after receipt of the order, a confirmation of receipt of the order (order acceptance) is sent to the Buyer at the e-mail address provided by the Buyer, which contains the order number, the name and specification of the goods, the price of the goods and the cost of delivery (postage), the method of payment, the estimated delivery time of the goods, the details of the place to which the goods are to be delivered, details of the Seller, or other information, if applicable.Upon receipt of the confirmation email of receipt and confirmation of the buyer's order (containing the specification of goods and services), the purchase contract is concluded.
If the buyer has created an account with us, the order will also be archived in the My Orders section, which the buyer will have access to after logging in. Any further information regarding the buyer's order may be sent to the buyer's e-mail address if necessary.
The parties agree that information on the progress of the order will be sent to the Buyer in the form of e-mail messages.
The Buyer is obliged to pay the Seller the price of the goods agreed in the order confirmation, including the cost of delivery of the goods (hereinafter referred to as the "Purchase Price") by cash on delivery at the place of delivery of the goods or by wire transfer to the Seller's account specified in the order confirmation.
The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the period specified in the order confirmation, but at the latest upon receipt of the goods.
Information on the individual steps leading to the conclusion of the contract is provided in these terms and conditions and the Buyer always has the opportunity to check or correct the order before sending it. The contract shall be concluded in Slovak language, and if this is not prevented by circumstances on the part of the Seller or the Buyer, it is possible to conclude the contract in another language, mutually understandable to both parties.
The Seller shall deliver to the Buyer together with the Goods all relevant documents relating to the Goods: invoice (tax document), or warranty certificate (if provided by the manufacturer).
In the event that a gift is selected with the order, to which the Buyer is entitled under certain conditions, the Seller reserves the right to change the gift according to the current stock.
The Buyer may cancel the order if it has not yet been processed via the contact form or email.

IV.

Price

 All prices of the goods are stated as final, including the corresponding VAT in the amount determined by the applicable legislation of the Slovak Republic, but do not include the price of services (e.g. delivery of goods, packaging, etc.).
All promotions are valid while stocks last, unless otherwise stated for specific goods.
Any additional discount coupons that are provided over and above the discounts listed for individual products on our website, individual customer discount coupons or discount coupons provided on the basis of our online shop's cooperation with third parties are not combinable with each other.
The final price is indicated in the order form just before the order is sent, and is inclusive of VAT and, where applicable, all other taxes and charges (packaging, postage) that the buyer must pay in order to obtain the goods or services. This price cannot be unilaterally changed by the Seller.

V.

Delivery terms

The expected delivery date is indicated in the order confirmation email. In the case of payment by bank transfer, the deadline may be extended depending on the date of payment.
The usual delivery time for orders is within 30 days, however, in exceptional situations the delivery time may be extended accordingly, for which the seller apologises in advance. If the ordered goods or part of the goods from the order cannot be delivered within the period specified in the order confirmation, the Seller shall inform the Buyer of this situation as soon as possible and notify the Buyer of the expected delivery date or propose the delivery of replacement goods. If the Seller fails to provide the goods even within the additional period, the Buyer shall have the right to withdraw from the Contract and, in the case of payment of the purchase price or part thereof, the funds shall be refunded to the Buyer within fourteen (14) days of withdrawal from the Contract to the bank account designated by the Buyer.
Orders shall be processed by the Seller on a continuous basis every working day.

VI.

Place and method of delivery

The seller sends the goods by letter/package. The obligation to deliver the goods is fulfilled by handing over the goods to the buyer or to the authorized person specified in the order.
The goods may be delivered to the Buyer by a delivery agent or the Buyer may collect them himself. For more information about delivery entities and personal collection, the buyer can find it at: shipping options.
The buyer will be informed by e-mail that the order has been handed over to the carrier. If the buyer has not received the goods, he/she will contact the seller. Further information about the package, possible reasons for non-delivery and a suggestion for resolving the situation will be provided by the seller to the buyer after verification.
The buyer is obliged to collect the goods at the agreed place and time in person or to arrange for their collection. The Buyer shall generally confirm receipt of the goods from the delivery entity in writing in the delivery note (or other similar form), which is also a proof/confirmation of payment of the goods in the case of payment on delivery. After the order has been dispatched, the buyer receives a billing document (invoice) to the email address, which also serves as a guarantee letter.
The obligation to deliver the goods shall also be deemed fulfilled if the buyer fails to take delivery of the goods at the agreed time and place or refuses to take delivery of the goods. If the buyer does not take delivery of the goods and the goods are returned to us, the seller has the right to withdraw from the purchase contract and to claim compensation from the buyer for the costs associated with the return of the goods (the seller has the right to compensation for damages (pursuant to Sections 420 et seq. of the Civil Code), in the amount of the actual costs of the attempted unsuccessful delivery of the order - the postage costs associated with the return shipment of the goods). Re-delivery is not possible. The Seller shall also have the right not to claim the right to compensation or to claim this right only in part.
The Seller shall not be liable for late delivery of goods caused by incorrect address of the Buyer. The Buyer shall acquire title to the goods upon receipt at the place of delivery. Upon acceptance of the goods, the liability (risk) for accidental spoilage and accidental deterioration of the goods shall also pass to the buyer.
Upon receipt of the consignment, the buyer is entitled to inspect the consignment to check whether the packaging of the consignment has been damaged (mechanical damage caused by transport) and whether the goods are free from defects. In case of visible damage to the consignment or the goods, the buyer is entitled not to accept the consignment. If the parcel is damaged, the buyer shall not accept the goods and shall draw up a report with the delivery company.

VII.

Warranty period

All goods sold are subject to a statutory warranty period of twenty-four (24) months, in the case of second-hand and second-hand goods at least twelve (12) months. The warranty period shall commence upon receipt of the goods by the purchaser.
If the goods sold, their packaging or their instructions are marked with a period of use, the warranty period shall not expire before the expiry of this period.
At the buyer's request, the seller is obliged to provide a guarantee in writing (guarantee letter). If the nature of the goods so permits, an e-mail proof of purchase (tax document - invoice) is sufficient instead of a warranty certificate.
The warranty does not cover normal wear and tear.
Gifts that the buyer receives for free or prizes from competitions are not covered by the warranty.
Alteration of the goods during the warranty period as a result of wear and tear or improper use or intervention cannot be considered as a defect, in particular if:

the defect has arisen during the warranty period as a result of wear and tear or improper use or insufficient or improper treatment,
the defect is due to natural changes in the materials from which the goods are made,
the defect is due to any damage caused by the buyer or a third party or other improper intervention.

VIII.
Order cancellation

 

If the buyer wishes to cancel an order, he can do so if it has not yet been processed by the system. For this purpose, the Buyer shall contact the Seller without delay. If the order has already been paid for, the money will be refunded to the Buyer within fourteen (14) days at the latest to the bank account from which the payment was received. If the Buyer has made a payment by card, this period may be extended due to the bank's refund procedure for card payments.
The Seller also reserves the right to cancel an order for goods that it is unable to deliver due to unavailability (stock out or withdrawal from the offer) or if, even with every effort, the Seller is unable to deliver the goods within the agreed time or price, and/or the provision of the goods would cause it undue hardship and disproportionate expense in relation to the value of the goods ordered, unless it agrees with the Buyer on an alternative performance. The Seller shall immediately inform the Buyer of the cancellation of the order by telephone or e-mail. In the event of payment of the purchase price or part thereof, the Buyer shall be refunded within fourteen (14) days to the bank account from which he/she made the payment, unless otherwise agreed.
The Seller reserves the right to cancel the order even if the Buyer repeatedly uses the discount coupon.
In the event that the Buyer fails to pay the amount of the order within the specified period, the Seller shall cancel the unpaid order.

IX.

Withdrawal from the contract

 

The buyer is entitled to withdraw from the contract without giving any reason in accordance with § 7 of the Consumer Protection Act for the sale of goods at a distance within fourteen (14) days of receipt of the goods. In the event that the goods have been delivered separately within a single order, the withdrawal period shall run from the moment of receipt of the goods that were delivered last.
If the subject of the contract of sale is the delivery of goods, the buyer has the right to withdraw from the contract even before the delivery of the goods. If the Buyer's order is at a stage where it can no longer be technically cancelled (within the meaning of clause 1 of Article X of these Terms and Conditions) and is dispatched, the Buyer shall have the right not to accept the order. The untaken order will be returned to the Seller, who will refund the Buyer within fourteen (14) days from the date of receipt of the order. If the Buyer withdraws from the contract, this shall also cancel any ancillary service related thereto.
In accordance with Section 517(1) of the Civil Code, the Buyer may also withdraw only in relation to a part of the subject matter of the contract (if the subject matter of the contract or binding order was the delivery of several pieces of goods), in which case the contract shall be cancelled only in that part.For the avoidance of doubt, the same procedure as set out in paragraph 2 of this Article shall be followed in the case of partial withdrawal from the order.
If the buyer wishes to exercise the right to withdraw from the purchase contract before the order is processed, it is necessary to inform the seller in writing/by telephone to the contact address. The Buyer must withdraw from the contract after delivery of the goods by completing the online form for the exchange, return and complaint of goods (complaint assistant) in a manner that does not raise any doubt that the contract has been withdrawn from, and always within fourteen (14) days from the date of receipt of the goods. In the event that the Buyer does not have the possibility to print out a summary of the request generated by the system after completing the Claims Assistant, the Buyer is obliged to insert an identification in the form of an order number in the package with the goods to be returned.
The Seller recommends the Buyer to send the goods by registered and/or insured mail. Proof of dispatch is a condition for the handling of any request from the Buyer in the event that the parcel is not delivered to the Seller and so the Seller is unable to verify this fact (making the dispatch in this way in a precisely defined amount).
Withdrawal from the purchase contract pursuant to the preceding clause of these terms and conditions must contain the information required to process the request, in particular the identification of the Buyer by means of the order number and the email address entered in the order.
The Buyer shall not send goods to the Seller on delivery, goods sent in this way will not be accepted.
Upon withdrawal from the purchase contract, the Seller shall fully refund the Buyer the consideration paid for the goods and all related services. In the event of partial withdrawal from the contract of sale, the Buyer shall be refunded only to the extent of the amount of the returned goods. The Seller shall not be obliged, pursuant to § 9 (3) of the Consumer Protection Act in the case of distance sales of goods, to reimburse the Buyer for additional costs if the Buyer has expressly chosen a method of delivery other than the cheapest normal method of delivery offered by the Seller. Additional costs means the difference between the cost of delivery chosen by the buyer and the cost of the cheapest normal method of delivery offered by the seller. Pursuant to Section 9(5) of Act No. 102/2014 Coll., upon withdrawal from a contract subject to the sale of goods, the seller is not obliged to refund the buyer the payments referred to above before the goods are delivered to the buyer or until the buyer proves that the goods have been sent back to the seller, unless the seller proposes to collect the goods in person or through a person authorised by the seller.
The Buyer shall bear any diminution in the value of the Goods caused by their use beyond that necessary to establish the functionality and characteristics of the Goods.
In the case of an exchange of goods (change of size) by the buyer, the buyer fills in the online form for exchange, return and complaint of goods and sends the goods packed in packaging suitable for transport together with a printed summary of the request, which can be downloaded after confirming the online form to the seller's address.

X.

Final Provisions

All arrangements between the Seller and the Buyer shall be governed by the applicable law of the Slovak Republic. If the relationship established by the Purchase Contract contains an international element, the Parties agree that the relationship shall be governed by the law of the Slovak Republic. This shall be without prejudice to the consumer's rights arising from the applicable general binding legislation.
The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of the Consumer Protection Act.
All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the written consent of the Seller.
The Seller shall not be liable for errors resulting from third party intervention in the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative impact on its operation and shall not carry out any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop and use the Online Shop or parts thereof or the software in a manner that would be contrary to its purpose or intent.
The Purchase Agreement is archived by the Seller in electronic form and is not publicly accessible.
The wording of the terms and conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions are valid in the wording indicated on the brandify.sk website on the day of the order dispatch by the buyer, who accepts them unconditionally when confirming the order. The Seller reserves the right to change or amend the terms and conditions. However, the wording in force at the time of the order shall apply to the concluded orders.
These terms and conditions come into force on 1. November 2023 and supersede the previous version of the terms and conditions.

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