General terms and conditions

General terms and conditions

Terms and conditions

These terms and conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the contracting parties arising from a purchase contract concluded remotely between the Centre for Folk Art Production, a contributory organization of the Ministry of Culture of the Slovak Republic, with its registered office at Obchodná ulica no. 64, 816 11 Bratislava, Company ID: 00164429, (hereinafter referred to as the “Seller”) and the Buyer to support the sale and promotion of the Seller’s folk art products through an online offer located on the Seller’s website: www.uluv.sk, telephone contact: +421 905 283 764, e-mail: craft@uluv.sk

Article I.
Introductory Provisions

1.1 These terms and conditions in the version valid on the date of conclusion of the purchase contract are an integral part of the purchase contract. If the buyer is a consumer within the meaning of Act No. 102/2014 Coll. on consumer protection in distance contracts, as amended, the legal relations between the seller and the buyer are governed by the Civil Code and special regulations (Act No. 250/2007 Coll. on consumer protection), unless otherwise provided by this Act. In the event that the seller and the buyer conclude a written purchase contract in which they agree on terms that deviate from these terms and conditions, the provisions of the purchase contract will take precedence over these terms and conditions. The terms agreed in this way must not conflict with other legal regulations (shortening the period for returning products, warranty period, etc.).

1.2 For the purposes of these terms and conditions, a supplementary contract is understood to mean a contract under which the buyer acquires products related to the subject of the purchase contract, if the products are supplied by the seller or a third party based on their agreement and when concluding it, it was possible to foresee, taking into account the purpose of the contract, that the consumer will not be interested in fulfilling the obligations under this contract after the termination of the distance contract or the contract concluded outside the seller’s premises.

1.3 “Online offer of products” means a user interface that is available on the Internet via the Internet address https://www.uluv.sk/ – on the subpages: https://uluv.sk/en/product-category/product/ a https://uluv.sk/en/product-category/product/publications/, the main functionality of which is the display, selection and ordering of products by the buyer.

1.4 “Buyer” (consumer) is, within the meaning of Act No. 250/2007 Coll., a natural person purchasing products that are not used for the performance of employment, profession or business. A buyer who is not a consumer is a person who, when concluding and fulfilling a purchase contract, acts within the scope of his commercial or other business activity.

1.5 “Product” means an item offered by the seller for sale to the buyer through the online offer of products located on the seller’s website www.uluv.sk and, if offered with the products, also a license to use this item.

1.6 “Registration” means the electronic registration of the buyer into the online offer database, by filling in at least the mandatory registration data in the online offer user interface and access data and subsequently saving them into the online offer database of products located at the seller’s website address www.uluv.sk

1.7 The displayed purchase price for the products displayed in the online offer of products on the seller’s website, which is operated by the seller, does not include value added tax in the amount determined by the applicable legislation of the Slovak Republic and does not include the price for the transport of products or other optional services. All promotions are valid until stocks last, unless otherwise stated for a specific product. ÚĽUV is a VAT payer.

1.8 The Seller reserves the right to adjust the price of the products at any time as stated in the online offer on the Seller’s website www.uluv.sk. The change in the price of the products does not apply to purchase contracts concluded before the price change, regardless of whether the products have been delivered or not.

1.9 In the event that the seller fails to comply with its obligations set out in the applicable legal regulations of the Slovak Republic or the European Communities or in these terms and conditions, the buyer may exercise its rights against the seller through the competent court.

1.10 “Conclusion of the purchase contract” – the buyer’s order constitutes a proposal to conclude a purchase contract. The purchase contract itself is concluded at the moment of delivery of the seller’s binding consent to the purchase contract proposal to the buyer, i.e. by the seller’s binding confirmation of the order. From this moment on, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the purchase contract.

1.11 “Order form” means a part of the user interface that is automatically generated by the activation of the relevant functions by the Buyer as part of his actions in the user environment on the Seller’s website, in particular by adding Products.

1.12 “Civil Code” means Act No. 40/1964 Coll., Civil Code, as amended.

1.13 “Seller” means the Centre for Folk Art Production, Obchodná 64, 816 11 Bratislava, Company ID: 00164429.

Article II.
Process of concluding the Agreement

2.1 The Seller offers products to buyers through the online offer of products on its website www.uluv.sk with the aim of supporting the sale and promotion of folk art products offered by the Seller. The offer to conclude a purchase contract by the Seller is the display of a button marked “Order form” in the user interface of the online offer of products.

2.2 The Buyer orders the products via a completed order form located in the user interface of the online offer of products on the Seller’s website. The Buyer fills in the type and quantity of selected products in the order form, fills in their contact details, chooses the payment method and delivery method and sends the order form to the Seller with the mark “Send”.

2.3 Immediately upon receipt of the buyer’s order, the seller will send the buyer a notification/confirmation of receipt of their order with information that this order is being processed.

2.4 The Buyer undertakes to fill in the relevant text fields of the order form in the user environment of the online offer of products on the Seller’s website with true and complete data, in particular to fill in his/her email address, identification data and, if applicable, delivery address. The Buyer acknowledges that the Seller will reasonably consider the data entered by him/her to be correct and complete and is not obliged or entitled to check the entered data.

2.5 If the products are in stock, the seller will process the buyer’s binding order within a reasonable period of time and send it to the buyer to the address provided by him, together with the issued invoice.

2.6 If the products are not in stock but can be secured, the seller informs the buyer about the expected date of availability of the products and the expected time of their delivery. If the buyer decides to order, he proceeds as in point 2.5.

2.7 If the products are sold out and can no longer be delivered, the seller will immediately inform the buyer by e-mail. After the seller confirms the order to the buyer, a purchase contract is concluded.

2.8 Until the moment of delivery of the confirmation of binding acceptance of the order by the seller (i.e. until the moment of conclusion of the purchase contract), the buyer is entitled to cancel his order without any sanctions by e-mail to the address: craft@uluv.sk, or by phone at: 0905764283. The order can only be canceled in its entirety. When canceling, he is obliged to provide his name and surname, order number, type and name of the products.

2.9 Sending the order is conditional on the buyer’s confirmation of their agreement with the content of the Terms and Conditions.

2.10 The Seller informed the Buyer in a clear, unambiguous, understandable and unmistakable manner before sending the order about pre-contractual information regarding complaints, payment, commercial, shipping and other conditions, such that:

Article III.
Purchase Agreement

Upon conclusion of the Purchase Agreement, the following provisions become effective:

3.1 The purchase contract is concluded at the moment when the acceptance of the proposal to conclude the contract pursuant to point 2.8 of the Terms and Conditions becomes effective, i.e. when the buyer receives confirmation of the binding acceptance of his order by the seller.

3.2 The Seller has the right to withdraw from the Purchase Agreement, for any reason or without giving a reason, up until the moment the products are sent to the Buyer. Withdrawal from the Purchase Agreement is also considered to be a legal action by the Seller consisting in notifying the Buyer that the products ordered by him cannot be delivered.

3.3 The Seller is entitled to request additional order confirmation from the Buyer at any time and is entitled to delay sending the products to the Buyer until he receives the order confirmation from the Buyer.

3.4 The method of packaging the products is determined solely by the Seller.

3.5 The buyer is obliged to pay the seller the costs associated with packaging and delivery of the products to the buyer in the amount stated in the binding order confirmation.

3.6 The Buyer has the right to choose from the options displayed to the Buyer in the online offer of products the method of payment of the purchase price for the products and, if applicable, other monetary payments to the Seller.

3.7 If any of the payment methods contains information about the costs of making such a payment, the buyer is obliged to bear the costs of making this payment, which are stated for the given payment in the online offer of products.

3.8 The Seller has the right to provide the Buyer with a discount on the price of the products. Discounts on the price of the products may be combined with each other, unless expressly stated otherwise for a specific discount.

3.9 The purchase price for the products does not include any payments, fees or other remuneration that the Buyer must incur for services provided to third parties in connection with the payment of the purchase price for the products; these costs are solely the Buyer’s costs.

3.10 The Seller reserves the right of ownership to the products that are the subject of the Purchase Agreement until the full payment of the purchase price for the products by the Buyer.

3.11 The Seller undertakes to deliver the products to the Buyer within a reasonable period of time from the conclusion of the Purchase Agreement. All delivery times for the products specified in the online offer of products are indicative only.

3.12 In the event that the products are sold out in the meantime, the seller will inform the buyer by e-mail about the possible date of their delivery to the buyer. Provision 2.6 of these terms and conditions is not affected by this.

3.13 If the seller provides the buyer with a gift together with the products, the gift agreement between the buyer and the seller is concluded with a termination condition that if the Purchase Agreement is withdrawn, the given gift agreement is cancelled without further ado from the beginning together with the Purchase Agreement and the buyer is obliged to return the gift provided to the seller together with the purchased products.

3.14 The Seller provides the Buyer with a warranty for the purchased products, if the warranty period is stated for the given products in the online offer of products, for the duration of the stated warranty period, whereby the warranty stated in this way applies only to Consumers.

3.15 The buyer is entitled to exercise rights arising from defective performance with the seller at the address of his registered office and/or business. The moment of exercising the claim is considered the moment when the seller receives the claimed products from the buyer.

Article IV.
Rights and Obligations of the Seller

4.1 The seller is obliged to:

4.2 The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered products.

4.3 If, due to the sale of stocks or unavailability of products, the seller is unable to deliver the products to the buyer within the period agreed in the purchase contract or determined by these business and complaint terms and conditions or at the agreed purchase price, the seller is obliged to offer the buyer a substitute performance or the option for the buyer to withdraw from the purchase contract (cancel the order). The buyer may withdraw from the purchase contract or cancel the order by delivering an e-mail. In the event that the buyer has already paid the purchase price or part thereof, the seller shall return the already paid purchase price or part thereof within 14 days from the date of delivery of the e-mail on withdrawal from the purchase contract or cancellation of the order to the buyer to the account specified by him, unless the contracting parties agree otherwise. If the buyer does not accept the replacement performance offered by the seller or withdraws from the purchase contract within a reasonable period, the seller is entitled to withdraw from the purchase contract and if the buyer has already paid the purchase price or part thereof, the seller is obliged to return the already paid purchase price or part thereof within 14 days from the date of delivery of the withdrawal from the purchase contract to the buyer.

Article V.
Rights and Obligations of the Buyer

5.1 The buyer was informed by the seller that the order included the obligation to pay the price.

5.2 The buyer is obliged to:

5.3 The buyer has the right to delivery of products in the quantity, quality, date and place agreed upon by the contracting parties.

Article VI.
Delivery and Payment Terms

6.1 The usual availability of products with their shipping date is listed for each item in the online offer of products on the seller’s website.

6.2 Unless the seller and the buyer have agreed otherwise in the purchase contract, the seller is obliged to deliver the item to the buyer without delay, no later than 30 days from the date of conclusion of the purchase contract. If the seller has not fulfilled his obligation to deliver the item within the period according to the first sentence, the buyer shall invite him to deliver the item within the additional reasonable period provided by him. If the seller does not deliver the item within this additional reasonable period, the buyer is entitled to withdraw from the contract.

6.3 The seller is entitled to invite the buyer to take delivery of the products even before the expiry of the delivery period agreed in the purchase contract.

6.4 The display of products in the online offer of products on the Seller’s website, which is operated by the Seller, is for illustrative purposes only. The weight, dimensions and other information about the products contained in the Seller’s catalogues, brochures and other documents placed on the Seller’s e-commerce website are provided by the manufacturer and may differ.

6.5 The Buyer is obliged to take over the products at the place agreed upon by the Seller or its representative authorized to deliver the products and the Buyer in the purchase contract or in another manner prior to the delivery of the products (hereinafter referred to as the “Place”). The Buyer is obliged to take over the products within the time frame agreed upon by the Seller or its representative authorized to deliver the products and the Buyer in the purchase contract or in another manner prior to the delivery of the products (hereinafter referred to as the “Time Frame”).

6.6 If the seller delivers the products to the buyer at the place and within the time limit, the buyer is obliged to take over the products in person or ensure that the products are taken over by a person whom he authorizes in the event of his absence to take over the products and sign the protocol on payment of the purchase price and delivery and handover of the products. The third person authorized to take over the products is obliged to submit a copy of the order acceptance to the seller. The products are considered delivered and taken over at the moment of delivery of the products to the buyer. Delivery of the products to the buyer means delivery of the products to the place, their takeover by the buyer or a third person authorized by the buyer and signing the protocol on payment of the purchase price and delivery and handover of the products by the buyer or a third person authorized by the buyer.

6.7 If it is necessary to repeat the delivery of the products due to the absence of the buyer at the location and within the time frame or if the buyer, without prior written withdrawal from the purchase contract, does not take over the products within 7 days after the time frame has expired in vain, the seller is entitled to claim compensation for the damage incurred in the amount of the actual costs of the attempt to unsuccessfully deliver the products to the location.

6.8 The buyer is obliged to check the shipment, i.e. the products as well as their packaging immediately after delivery in the presence of the seller’s representative. In the event that a defect in the products is detected, the seller’s representative is obliged to enable the buyer to make a record of the extent and nature of the defect in the products, the correctness of which shall be confirmed by the seller’s representative. Based on the record thus made and delivered to the seller, the buyer may subsequently refuse to accept the delivered products with a defect or confirm the delivery of the products with a defect and subsequently, in accordance with Art. 9 of these business and complaint terms and conditions, file a complaint about the defects of the products with the seller or a designated person. In the event that the buyer refuses to accept the delivered products with a defect, all reasonably incurred costs of returning the products to the seller shall be borne by the seller.

6.9 The buyer is entitled to withdraw from the purchase contract in the event of non-delivery of the products by the seller within the period specified in point 6.2 of these terms and conditions and the seller is obliged to return to the buyer the part of the purchase price already paid within 14 days of delivery of the withdrawal from the purchase contract by bank transfer to the buyer’s bank account designated by the buyer.

Article VII.
Purchase Price

7.1 The purchase price for the products agreed in the purchase contract between the seller and the buyer is stated in the order acceptance (hereinafter referred to as the “purchase price”). If the purchase price stated in the order delivery confirmation is higher than the price for identical productsstated in the online offer of products on the seller’s website at the time the order is sent by the buyer, the seller will deliver to the buyer an electronic message with information about the offer of a new purchase price at a different amount, which is considered a proposal by the seller to conclude a new purchase contract, which the buyer must expressly confirm by e-mail or in writing in order for the purchase contract to be validly concluded.

7.2 The buyer is obliged to pay the seller the purchase price, including the costs of delivering the products, in cash or by payment card upon personal receipt of the products, cash on delivery at the place of delivery of the products or by bank transfer to the seller’s account specified in the order acceptance.

7.3 If the buyer pays the purchase price to the seller by bank transfer, the day of payment is considered the day on which the entire purchase price was credited to the seller’s account.

7.4 The buyer is obliged to pay the seller the purchase price for the agreed products within the period specified in the purchase contract, but no later than upon receipt of the products.

7.5 If the buyer does not pay the seller the full purchase price by the time the products are delivered to the location and the contracting parties have not agreed to pay the purchase price for the products in installments, the seller is entitled to refuse to deliver the products to the buyer.

7.6 The costs associated with the assembly and delivery of the products are not included in the purchase price and the seller is not obliged to provide these services to the buyer. The purchase price does not include fees associated with the delivery of the products, which are charged to the buyer according to the current price list of the carrier or courier service.

7.7 If the buyer knowingly fails to accept the ordered products delivered by a postal carrier or courier service, the seller is entitled to demand payment of packaging and shipping fees.

Article VIII.
Acquisition of Ownership and Passing of Risk of Damage to products

8.1 The buyer acquires ownership of the products only upon full payment of the entire purchase price for the products.

8.2 The risk of damage to the products passes to the buyer at the time when the buyer or a third party authorized by the buyer takes over the products from the seller or from his representative authorized to deliver the products, or if he fails to do so in a timely manner, at the time when the seller allows the buyer to handle the products and the buyer does not take over the products.

Article IX.
Complaints Procedure (liability for defects, warranty, complaints)

9.1 If the defect in the products can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay.

9.2 Instead of removing the defect, the buyer may request the replacement of the products, or if the defect concerns only a part of the products, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the products or the severity of the defect.

9.3 The seller may always replace defective products with perfect products instead of removing the defect, if this does not cause serious difficulties for the buyer.

9.4 If the defect in the products cannot be removed and prevents the products from being used properly as a defect-free item, the buyer has the right to exchange the products or withdraw from the purchase contract. The same rights apply to the buyer if the defects are removable, but the buyer cannot use the products properly due to the recurrence of the defect after repair or due to a large number of defects.

9.5 If there are other irremovable defects, the buyer has the right to a reasonable discount on the price of the products.

9.6 The Seller informed the Buyer about his rights arising from the provisions of Section 622 of the Civil Code (points 9.1. to 9.3. of these Business and Complaints Terms and Conditions) and the rights arising from the provisions of Section 623 of the Civil Code (points 9.4. to 9.5. of these Business and Complaints Terms and Conditions) by placing these Business and Complaints Terms and Conditions on the relevant subpage of the Seller’s e-commerce and the Buyer had the opportunity to read them before sending the order.

9.7 The seller is liable for defects in the products in accordance with the applicable regulations of the Slovak Republic and the buyer is obliged to file a complaint with the seller or a designated person. Information about designated persons and service points for warranty and post-warranty service is listed on the back of the warranty certificate or will be provided by the seller to the buyer upon request by phone or e-mail.

9.8 The Seller’s valid complaint procedure applies to the handling of complaints, i.e. Article 9 of these business and complaint terms and conditions. The Buyer was duly informed of the complaint procedure and informed about the conditions and method of complaint of products, including information on where the complaint can be filed, and about the performance of warranty repairs in accordance with the provisions of Section 18, paragraph 1 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 (hereinafter referred to as the “Consumer Protection Act”) at the time before the conclusion of the purchase contract by placing these business and complaint terms and conditions on the relevant subpage of the Seller’s e-commerce and the Buyer had the opportunity to read them before sending the order.

9.9 The Complaints Procedure applies to products purchased by the buyer from the seller listed in the online offer of products on the seller’s website.

9.10 The buyer has the right to claim liability from the seller for a defect in the products relating only to products that show defects for which the manufacturer, supplier or seller is responsible, are covered by a warranty and were purchased from the seller.

9.11 If the products are defective, the buyer has the right to file a complaint at the seller’s premises in accordance with the provisions of Section 18(2) of the Consumer Protection Act by delivering the products to the seller’s premises and delivering to the seller the buyer’s expression of will to exercise his right under points 9.1. to 9.5. of these business and complaint terms and conditions (hereinafter referred to as the “notice of claim”), e.g. in the form of a completed claim form, which is located on the relevant subpage of the seller’s e-commerce. The seller recommends insuring the products when sending them for claim. The seller does not accept COD shipments. The buyer is obliged to truthfully state all required information in the notice of claim, in particular to precisely indicate the type and extent of the defect in the products; the buyer shall also state which of his rights arising from the provisions of Sections 622 and 633 of the Civil Code he is exercising. The buyer has the right to file a complaint also with a person authorized by the manufacturer of the products to perform warranty repairs (hereinafter referred to as the “designated person”). The list of designated persons is included in the warranty certificate or will be sent to the buyer by the seller at his request.

9.12 The complaint procedure regarding products that can be delivered to the seller begins on the day when all of the following conditions are cumulatively met:

9.13 If the subject of the complaint is products that cannot objectively be delivered to the seller or that are permanently installed, the buyer is, in addition to meeting the conditions under points 9.12 letters a) and c) of these complaint and business terms and conditions, obliged to provide all necessary cooperation for the inspection of the products complained about by the seller or a third party designated by the seller. The complaint procedure regarding products that cannot objectively be delivered to the seller or that are permanently installed begins on the day when the inspection of the products was carried out according to the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, does not ensure the inspection within a reasonable period, but no later than 10 days from the delivery of the Notice of Claim to the seller, the complaint procedure begins on the day of delivery of the Notice of Claim to the seller.

9.14 The seller or a designated person shall issue the buyer with a confirmation of the claim for the products in a suitable form chosen by the seller, e.g. in the form of an email or in writing, in which he is obliged to precisely indicate the claimed defects of the products and once again inform the consumer about his rights arising from points 9.1. to 9.3. of these business and complaint terms and conditions (provisions of Section 622 of the Civil Code) and the rights arising from points 9.4. to 9.5. of these business and complaint terms and conditions (provisions of Section 623 of the Civil Code). If the claim is made via means of distance communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the document on the settlement of the claim; A confirmation of the claim does not need to be delivered if the buyer has the opportunity to prove the claim in another way.

9.15 The buyer is entitled to decide which of his rights under the provisions of Section 622 and Section 623 of the Civil Code he will exercise and is obliged to immediately deliver information about his decision to the seller. Based on the buyer’s decision as to which of his rights under the provisions of Section 622 and Section 623 of the Civil Code he will exercise, the seller or a designated person is obliged to determine the method of handling the complaint under the provisions of Section 2 letter m) of the Consumer Protection Act immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the products is required, no later than 30 days from the start of the complaint procedure. After determining the method of handling the complaint, the seller or a designated person shall handle the complaint immediately, in justified cases the complaint may also be handled later. However, the handling of the complaint may not last longer than 30 days from the date of filing the complaint. After the period for handling the complaint has expired in vain, the consumer has the right to withdraw from the contract or has the right to exchange the products for new products.

9.16 If the buyer has made a complaint about the products within the first 12 months from the conclusion of the purchase contract, the seller may handle the complaint by rejecting it only on the basis of an expert’s statement or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person (hereinafter referred to as “expert assessment of the products”). Regardless of the result of the expert assessment, the seller may not require the buyer to pay the costs of the expert assessment of the products or other costs related to the expert assessment of the products.

9.17 If the buyer has filed a product complaint after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who has handled the complaint is obliged to indicate in the complaint handling document to whom the buyer can send the products for professional assessment. If the buyer sends the products for professional assessment to the designated person specified in the complaint handling document, the costs of professional assessment of the products, as well as all other related costs incurred in this regard, shall be borne by the seller, regardless of the result of the professional assessment. If the buyer proves the seller’s liability for the claimed defect in the products through professional assessment, he may file the complaint again; during the professional assessment of the products, the warranty period shall not expire. The seller is obliged to reimburse the buyer within 14 days from the date of the re-filed complaint all costs incurred for professional assessment of the products, as well as all related costs incurred in this regard. A re-filed complaint cannot be rejected.

9.18 The buyer does not have the right to exercise liability for defects that the seller notified him of at the time of concluding the contract, or that he should have known about, taking into account the circumstances under which the purchase contract was concluded.

9.19 The seller reserves the right to replace defective products with other flawless products with the same or better technical parameters, if this does not cause serious difficulties for the buyer.

9.20 The seller is not responsible for defects in the products:

9.21 The seller is obliged to handle the complaint and terminate the complaint procedure in one of the following ways:

9.22 The seller is obliged to issue a written document to the buyer on the method of determining the settlement of the complaint and on the settlement of the complaint no later than 30 days from the date of filing the complaint in person, through a postal or courier or delivery service provider. The seller will inform the buyer about the result of the settlement of the complaint immediately after the end of the complaint procedure by telephone or e-mail and at the same time a document on the settlement of the complaint will be delivered to him together with the products, or by e-mail.

9.23 The warranty period is 24 months from the date of delivery of the products, unless a different warranty period is specified for specific cases.

9.24 The warranty period is extended by the period during which the buyer was unable to use the products due to warranty repair of the products.

9.25 In the event of exchanging products for new ones, the buyer will receive a document stating the information about the exchange of products, and any further complaints are based on the purchase contract and this complaint document. In the event of exchanging products for new ones, the warranty period will start again from the receipt of the new products, but only for the new products.

9.26 Regarding a removable defect, the complaint will be handled depending on the buyer’s decision according to point 9.15 of these complaint and business terms and conditions in the following manner:

9.27 If it concerns a removable defect and the buyer does not immediately determine, in accordance with point 9.15 of these terms and conditions of complaint and business, how the complaint should be handled, the seller will handle the complaint by removing the defect.

9.28 If it is a defect that cannot be removed, or a single, removable defect that is repeated several times, or a larger number of different removable defects that prevent the products from being used properly as if they were free of defects, the seller will handle the complaint, depending on the buyer’s decision, in accordance with point 9.15 of these complaint and business terms and conditions, in the following manner:

9.29 If it is a defect that cannot be removed, or a single, multiple-removable defect, or a larger number of different, removable defects that prevent the products from being used properly as if they were free of defects, and the buyer does not immediately determine, in accordance with point 9.15. of these complaint and business terms and conditions, how the complaint should be handled, the seller will handle the complaint by exchanging the products for other functional products with the same or better technical parameters.

9.30 The handling of the complaint applies only to defects stated in the Notification of Claim and in the confirmation of claim for products pursuant to point 9.14 of these complaint and business terms and conditions.

9.31 For the purposes of a complaint, a multiple-time remediable defect is considered to be the occurrence of one remediable defect more than twice.

9.32 For the purposes of a complaint, a larger number of different removable defects is considered to be the occurrence of more than three different removable defects at the same time.

9.33 The buyer’s right to file a complaint about a defect in the products is exhausted after he has exercised his right and requested the seller to remove the defect in the products according to point 9.1 of these complaint and business terms and conditions and, regardless of the outcome of the complaint, he is no longer entitled to file a complaint repeatedly for the same unique defect (not a defect of the same type).

9.34 The buyer – the consumer – has the right to contact the seller with a request for redress (by e-mail to craft@uluv.sk) if he is not satisfied with the way in which the seller has handled his complaint or if he believes that the seller has violated his rights. If the seller responds negatively to this request or does not respond to it within 30 days of its sending, the consumer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorized legal entities pursuant to Section 3 of Act 391/2015 Coll. The consumer may submit a proposal in the manner specified in Section 12 of Act 391/2015 Coll.

9.35 The consumer can also file a complaint through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm

9.36 Alternative dispute resolution can only be used by a consumer – a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business activity, employment or profession. Alternative dispute resolution only applies to a dispute between a consumer and a seller, arising from or related to a consumer contract. Alternative dispute resolution only applies to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed 20€. The ADR entity may require the consumer to pay a fee for initiating alternative dispute resolution up to a maximum of €5 including VAT.

Article X.
Personal data and their protection

10.1 The contracting parties have agreed that the buyer, if he is a natural person, is obliged to notify the seller in the order of his name and surname, permanent address including postal code, telephone number and email address.

10.2 The contracting parties have agreed that the buyer, if he is a legal entity, is obliged to notify the seller in the order of his business name, registered office address including postal code, company ID, telephone number and email address.

10.3 The seller has enabled the buyer to fully familiarize himself with the rules for the protection of personal data, which can be found on the relevant subpage of the seller’s e-commerce store: https://uluv.sk/en/product-category/product/, before creating an order and concluding a purchase contract.

Article XI.
Withdrawal from the purchase contract

11.1 If the seller cannot fulfill his obligations arising from the purchase contract due to the sale of stocks, unavailability of products, or if the manufacturer, importer or supplier of the products agreed in the purchase contract has suspended production or made such significant changes that it has become impossible to fulfill the seller’s obligations arising from the purchase contract or due to force majeure, or if, even after making all efforts that can be fairly demanded of him, he is unable to deliver the products to the customer within the period specified in these terms and conditions or at the price stated in the order, the seller is obliged to immediately inform the buyer of this fact and is also obliged to offer the buyer a substitute performance or the option for the buyer to withdraw from the purchase contract (cancel the order). If the buyer withdraws from the purchase contract for the reasons stated in this point of these complaints and business terms and conditions, the seller is obliged to return to the buyer the already paid deposit for the products agreed in the purchase contract within 14 days of the notification of withdrawal from the contract by transfer to the account designated by the buyer.

11.2 The buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with the provisions of Section 7 et seq. of the Act on Consumer Protection in Distance Selling within 14 days from the receipt of the products, or from the date of conclusion of the contract for the provision of services, if the seller has timely and properly fulfilled the information obligations pursuant to the provisions of Section 3 of the Act on Consumer Protection in Distance Selling.

11.3 The buyer has the right, within this period after receipt, to unpack and test the products in a manner similar to that usual when purchasing in a classic brick-and-mortar store, to the extent necessary to determine the nature, properties and functionality of the products.

11.4 The withdrawal period begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered products, or if:

11.5 The buyer may withdraw from the purchase contract, the subject of which is the purchase of products, even before the withdrawal period begins.

11.6 The buyer must withdraw from the contract in writing in a manner that leaves no doubt that the contract has been withdrawn, or in the form of a record on another durable medium or using the form that forms Annex No. 1 to these business and complaint terms and conditions. The withdrawal period is deemed to have been observed if the notice of withdrawal from the contract was sent to the seller no later than the last day of the period pursuant to the provisions of Section 7(1) of the Act on Consumer Protection in Distance Selling.

11.7 Withdrawal from the purchase contract according to the previous point of these business and complaint terms and conditions must contain the information required in the withdrawal form from the purchase contract, which forms Annex No. 1 to these business and complaint terms and conditions, in particular the identification of the buyer, the order number and date, the exact specification of the products, the method by which the seller is to return the already received performance, in particular the account number and/or postal address of the buyer.

11.8 If the buyer withdraws from the purchase contract, any supplementary contract related to the purchase contract from which the buyer withdrew shall also be cancelled from the beginning. The buyer may not be required to pay any costs or other payments in connection with the cancellation of the supplementary contract, except for the reimbursement of the costs and payments referred to in the provisions of Section 9, paragraph 3 and the provisions of Section 10, paragraphs 3 and 5 of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject of the contract is the provision of a service and the service has been fully provided.

11.9 The buyer is obliged to send the products back to the address of the operator’s registered office without undue delay, but no later than 14 days from the date of withdrawal from the purchase contract, or to hand them over to the seller or a person authorized by the seller to take over the products. This does not apply if the seller has proposed to collect the products in person or through a person authorized by him. The period according to the first sentence of this point of these business and complaint terms and conditions is considered to have been observed if the products were handed over for transport no later than the last day of the period.

11.10 The buyer is obliged to deliver the products to the seller complete, including complete documentation, undamaged, if possible in the original packaging and unused.

11.11 It is recommended to insure the products. The seller does not accept cash on delivery shipments. The seller is obliged to return to the buyer all payments received from him under or in connection with the purchase contract, including the costs of transport, delivery and postage and other costs and fees, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal from the contract. The seller is not obliged to return to the buyer payments under this point of these business and complaint terms and conditions before the products are delivered to him or until the buyer proves that the products have been sent back to the seller, unless the seller proposes to collect the products in person or through a person authorized by him.

11.12 The buyer bears the costs of returning the products to the seller or a person authorized by the seller to take over the products. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under Section 3, Paragraph 1, Letter i) of the Act on Consumer Protection in Distance Selling.

11.13 The buyer is only liable for any reduction in the value of the products resulting from handling the products that goes beyond the handling necessary to establish the properties and functionality of the products. The consumer is not liable for any reduction in the value of the products if the seller has not fulfilled the information obligation on the consumer’s right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

11.14 The seller is obliged to refund the purchase price for the products to the buyer in the same way that the buyer used for his payment, unless the seller agrees with the buyer on another method of refunding payments without the buyer being charged additional fees in this regard.

11.15 In the event that the buyer withdraws from the contract and delivers products to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller:

11.16 In accordance with the provisions of Section 7(6) of the Act on Consumer Protection in Distance Selling, the buyer cannot withdraw from a contract whose subject matter is:

11.17 The provisions of Article 11 of these business and complaint terms and conditions expressly do not apply to entities that do not meet the definition of a consumer set out in Section 2, letter a) of the Consumer Protection Act.

Article XII.
Final Provisions

12.1 If the purchase contract is concluded in writing, any change to it must be in writing.

12.2 The parties have agreed that communication between them will be carried out in the form of e-mail messages.

12.3 The relevant provisions of the Civil Code, the Consumer Protection Act, Act No. 22/2004 Coll. on electronic commerce and amending Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending certain acts as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling apply to relationships not regulated by these business and complaint terms.

12.4 These business and complaint terms and conditions come into effect for the buyer upon conclusion of the purchase contract.

12.5 Before submitting the order, the buyer will be asked to confirm by checking the box that he has become familiar with these business and complaint terms and conditions, has read them, understands their content and agrees with them in full.

Instructions on exercising the buyer’s right to withdraw from the purchase contract

  1. You have the right to withdraw from this purchase contract without giving any reason within 14 days. The withdrawal period will expire 14 days from the day on which you or a third party designated by you, with the exception of the carrier, takes over the products. When exercising the right to withdraw from the purchase contract, please inform us of your decision to withdraw from this purchase contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail) to the address craft@uluv.sk. For this purpose, you can use the sample withdrawal form, which is located as Annex No. 1 to the Business and Complaints Terms and Conditions. If you are interested, you have the option of filling in and sending the sample withdrawal form or any other unambiguous statement of withdrawal from the purchase contract electronically via our website www.uluv.sk. If you use this option, we will immediately confirm receipt of your withdrawal from the purchase contract by e-mail or on another durable medium. The withdrawal period is maintained if you send a notification of the exercise of the right to withdraw from the purchase contract before the withdrawal period expires.
  2. In the event of withdrawal from the purchase contract, we will refund all payments that you have made in connection with the conclusion of the purchase contract, in particular the purchase price, including the costs of delivering the products to you. This does not apply to additional costs if you have chosen a type of delivery other than the cheapest standard delivery method offered by us, nor to the costs of additional services, if they were the subject of the contract and if they were fully provided. Payments will be refunded to you without undue delay and in any case no later than 14 days from the date on which we receive your notification of withdrawal from this purchase contract. Their payment will be made in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, without charging any additional fees. Payment for the purchased products will be refunded to you only after the returned products have been delivered back to our address or after you have provided a document proving the return of the products, whichever comes first. Send the products back to us or bring them to the company’s registered office address without undue delay and in any case no later than 14 days from the date on which you exercised your right to withdraw from the contract. The period is deemed to have been met if you send the products back before the expiry of the 14-day period. You bear the direct costs of returning the products. We would like to point out that in the event of withdrawal from the purchase contract, you are liable for any diminished value of the products resulting from their handling between delivery and return in a manner other than that necessary to establish the nature, characteristics and functionality of the products.