General Terms and Conditions
- Introductory provisions
1.1 These General Terms and Conditions regulate the rights and obligations of Istia s.r.o, IČO: 51 019 051, Gorkého 3, Bratislava – Staré Mesto 811 01, registered in the Commercial Register of the Municipal Court of Bratislava III, section: sro, insert number: 121698/B, (hereinafter referred to as “Seller” or “Koloristika.eu“) and the Customer arising out of the Purchase Agreement or Service Contract concluded between the Seller and the Customer for the sale of Goods or provision of Services offered by the Seller on the Seller’s website Koloristika.eu (hereinafter referred to as the “Seller’s Website”). These General Terms and Conditions are an integral part of each Purchase Contract and Service Contract.
1.2 Legal relations between the Seller and the Customer are governed by these General Terms and Conditions and the provisions of the relevant generally binding legislation, in particular the Commercial Code, the Civil Code, 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 Act No. 250/2007 Coll. on Consumer Protection and Act No. 22/2004 Coll. on Consumer Protection. on electronic commerce.
1.3. Legal relations that have arisen between the Seller and the Entrepreneur and are not expressly regulated by the contract between the Seller and the Customer or by these General Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations. Should there be a difference between the General Terms and Conditions and the individual contract, the text of the contract shall always prevail.
- Basic concepts
2.1 The Customer is any person who enters into a Purchase Contract or Service Contract with the Seller. The Customer may be a Consumer natural person or a legal entity. A Consumer shall be understood as a natural person who does not act within the scope of his/her business, employment or profession when concluding and performing the Consumer Contract.
2.2 A Consumer Contract is a Contract of Purchase or a Contract for the provision of services which is concluded between the Seller and the Consumer (hereinafter referred to as the “Consumer Contract”).
2.3 An entrepreneur is a person registered in the commercial register, a sole trader, a person who operates a business on the basis of a licence other than a trade licence under special regulations, or a natural person who carries out agricultural production and is registered in the register under a special regulation. Should the Customer indicate his/her identification number (ID number) in the Binding Order, he/she acknowledges that the rules set out in the GTC for Entrepreneurs apply to him/her.
2.4 The Purchase Contract is a contract concluded between the Seller and the Customer, the subject of which is the purchase of the Goods offered by the Seller on its Website, concluded in the manner pursuant to Article 3 of the General Terms and Conditions. By concluding the Purchase Contract, the Seller undertakes to deliver the Subject of the Order into the ownership of the Customer, the Customer in turn undertakes to pay the Purchase Price to the Seller and to take over the Subject of the Order from the Seller.
2.5 The Service Contract is a contract concluded between the Customer and the Seller, the subject of which is the provision of the Services offered by the Seller on the Seller’s Website, concluded in the manner pursuant to Article 3 of these General Terms and Conditions. The Service ordered by the Customer may only be provided directly to the Customer and not to another person.
2.6.Goods means the Goods offered for sale by the Seller on the Seller’s Website (hereinafter referred to as the “Goods”). The Services offered by the Seller on its Website shall be deemed to be Services under these General Terms and Conditions. In particular, the following services:
- Women’s colour analysis – HARMONY
- Women’s colour analysis – STYLE
- Women’s colour analysis – TRANSFORMATION
- Men’s color analysis
(hereinafter referred to as “Services”), (the Goods or Services hereinafter also referred to as “Subject of Order”).
- Order
3.1 The proposal to conclude a contract is the placement of the offered Goods or Services on the Seller’s Website. The Customer views and orders the Goods or Services offered by the Seller on the Seller’s Website.
3.2 If the Customer wishes to make a binding order for Goods or Services on the Seller’s website, the Customer is obliged to fill in the electronic order form displayed on the Seller’s website (hereinafter referred to as the “Binding Order”), in the manner specified in these General Terms and Conditions.
3.3 Once the Customer has filled in all the required data in the order form, he/she can still check or change the Binding Order and the entered data by using the “Back” button to return to the previous steps. He/she then ticks the appropriate box, thereby accepting these General Terms and Conditions and confirms the Binding Order by clicking on the “Order with payment obligation” button.
3.4 The Order shall be deemed to have been sent if it contains all the required data, i.e. the identification data of the Customer, e-mail and telephone contact to the Customer, or the billing address with all the data required in the Binding Order, the name of the Goods or Services and the ordered quantity and if it is delivered to the Seller. The Customer shall be bound by the Binding Order sent. Tickets for Events are bound to the person of the Customer and are non-transferable.
3.5 The Contract between the Customer and the Seller shall be formed by the sending of a Binding Order by the Customer and the acceptance of the Order by the Seller.
3.6 Acceptance of the order shall be promptly confirmed by the Seller by e-mail (hereinafter referred to as the “Confirmation E-mail”) to the specified email address of the Customer. The concluded contract cannot be unilaterally changed (it can only be changed by agreement of both parties).
- Purchase price and payment terms
4.1 The Purchase Price shall be the price indicated on the Seller’s Website at the time of sending the Customer’s Binding Order to the Seller. The Seller is subject to VAT. The Purchase Price set out on the Seller’s Website is final.
4.2 The Customer is obliged to pay the Purchase Price for the ordered Service or Goods on the basis of the Binding Order in due and timely manner. The Customer may choose one of the following payment methods:
– by wire transfer to the Seller’s bank account specified in the Payment Details section of the Confirmation Email.
4.3 The Seller shall issue and send to the Customer by e-mail or post an invoice for the purchase price, which shall also serve as a delivery note.
- Delivery terms
5.1. If the subject of the order are physical products, they will be delivered to the Customer via Slovak Post or by courier to the postal address specified in the Binding Order, either within 14 days of the purchase price being credited to the Seller’s account or within 14 days of the conclusion of the Purchase Contract, depending on the method of payment of the order.
5.2 If the subject of the order is a Service, it shall be provided to the Customer within the time agreed with the Seller.
5.3 If the subject of the order are electronic products (e.g. e-books), they will be delivered to the Customer via electronic mail. The delivery time for such type of Goods shall be 48 hours from the time of crediting the payment of the full amount of the Purchase Price of the ordered Goods to the Seller’s bank account.
5.4 In the event that the ordered Goods cannot be delivered for any reason or the Services cannot be provided within the specified time, the Seller shall immediately inform the Customer of this fact and provide the Customer with information on an alternative date for delivery of the Goods or provision of the Services.
5.5 If for any reason the Seller is unable to deliver/provide the ordered Goods or Services and does not agree with the Customer on an alternative performance, the Seller may cancel this Order. If this happens the Seller shall be obliged to refund the Purchase Price already paid to the Customer within 14 days of the expiry of the time limit for delivery of the Goods or provision of the Services.
5.6 The purchase price of the goods will be plus the postage according to the current tariff of the Slovak Post or the price of the courier service. The Goods may be delivered to the Customer only if the Customer pays the Purchase Price and the freight price for the Goods. If such payment is not made, the Seller or the carrier/delivery agent shall be entitled not to deliver the Goods to the Customer.
5.7 It is the Customer’s obligation to properly accept the Goods from the carrier/delivery agent within the scope of the Order accepted by the Seller. The Buyer shall only acquire title to the Goods upon payment of the Purchase Price of the Goods, the carriage price and subsequent acceptance of the Goods.
- Complaints
6.1 In the case of Consumer Contracts, the Seller provides a warranty for the Goods. Unless otherwise stated in the offer on the Seller’s website Koloristika.eu, the warranty period lasts 24 months and starts from the date of receipt of the Goods by the Consumer.
6.2 If the Goods ordered and paid for by the Customer are not delivered to the Customer within the time limit pursuant to clauses 5.1, 5.2 or 5.3 of these General Terms and Conditions, the Seller shall be obliged to send the Goods to the Customer at the request of the Customer, which shall be delivered to the Seller by e-mail, no later than on the next following working day.
6.3 If a defect occurs during the warranty period that can be rectified, the Consumer has the right to have it rectified free of charge and in a timely manner. The Seller is obliged to remove it without undue delay. However, instead of the removal of the defect, the Consumer may demand the replacement of the item or, if the defect concerns only a part of the item, the replacement of the part, provided that this does not result in disproportionate costs in relation to the price of the Goods or the severity of the defect. The Seller, in turn, may replace the defective item with a non-defective item instead of removing the defect only if this does not cause the Buyer serious inconvenience.
6.4 In the case of a defect that would prevent the goods from being used properly or a defect that cannot be remedied, the Consumer has the right to exchange the goods or to withdraw from the contract. The same conditions also apply in the case of remediable defects, after the removal of which, due to the reoccurrence of the defect after repair or due to a greater number of defects, the item cannot be used properly. In the case of other irremediable defects, the Consumer is entitled to a reasonable discount on the price of the item. The defect must be pointed out within six months of the discovery of the defect, at the latest before the expiry of the specified warranty period.
6.5 The Consumer shall make a complaint by sending a written notice of defects in the goods to the Seller’s e-mail address: info@koloristika.eu. This notification must contain a description of the defect, a description of how the defect manifests itself and the chosen method of handling his complaint. When making a complaint, the Consumer is obliged to send the Seller also the purchased Goods showing defects. If the goods are electronic, they must be delivered to the following address: info@koloristika.eu. In addition, the Consumer is obliged to enclose a copy of the invoice with which the Seller invoiced the Purchase Price of the Goods. The claim is made and the claim procedure starts with the delivery to the Seller of the e-mail message containing the notification of the defects of the goods with the content and attachment according to this clause of these General Terms and Conditions.
6.6.The Consumer receives a confirmation of the claim, which the Seller issues and delivers to him in the form of an e-mail message, in which he is obliged to accurately indicate the defects of the goods in accordance with Section 18 (4) of the Consumer Protection Act and to instruct the Consumer on his rights under Section 622 and Section 623 of the Civil Code. On the basis of the Consumer’s decision which of these rights the Consumer exercises, the Consumer is obliged to determine the manner of handling the complaint. It must do so immediately, in complex cases no later than 3 working days from the date of the complaint, in justified cases, in particular if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the date of the complaint.
6.7 Once the method of handling a claim has been determined, the claim shall be handled immediately; in justified cases, the claim may also be handled later; however, the handling of the claim shall not take longer than 30 days from the date of the claim. After the expiry of the period for processing the claim, the Consumer has the right to withdraw from the contract or has the right to exchange the Goods for new Goods.
6.8 It is the Seller’s obligation to handle the complaint and terminate the complaint procedure in one of the following ways:
– a reasoned rejection of a claim for Goods,
– refund of the purchase price of the Goods,
– removal of the defect or repair of the Goods,
– exchange of Goods,
– delivery of a defect-free version of the same Goods,
– delivery of the missing part of the Goods,
– payment of a reasonable discount on the purchase price of the Goods,
6.9. The complaint can be handled positively, in case of proving that the Goods are defective (for this purpose, the Consumer returns or delivers the defective Goods to the Seller), or if the defect occurred within the warranty period (for the purpose of proving this fact, the Consumer submits a proof of purchase of the Goods). If none of these conditions has been proven, the claim of the Goods will not be recognized as justified.
6.10. The Seller’s obligation is to issue a written proof of the complaint to the Consumer no later than 30 days from the date of the complaint via e-mail. The Customer may send suggestions or complaints electronically to the e-mail address info@koloristika.eu
- Withdrawal from the contract and return of goods
7.1 The consumer is entitled to withdraw from the contract within a specified period of time, even without giving any reason. He may do so:
– within 14 days of the conclusion of the Service Contract, up to a maximum of 48 hours before the date of the purchased service
– within 14 days from the date of receipt of the goods. In this case, it is necessary that the Consumer delivers the notice of withdrawal and the purchased goods to the Seller within the aforementioned period.
7.2 The Consumer may only withdraw from the Contract using the withdrawal form. Upon receipt of the withdrawal form, the Seller is obliged to provide the Consumer with a confirmation of receipt. The notice of withdrawal may be sent no later than the last day of the withdrawal period.
7.3 The Consumer must send the goods back to the Seller no later than 14 days from the date of withdrawal from the contract. If it is an electronic product, the Consumer shall return it to the Seller’s e-mail: info@koloristika.eu The costs of returning the goods shall be reimbursed by the Seller upon withdrawal from the contract.
7.4 Upon delivery of the returned goods to the Seller, the Seller shall inspect the goods. If the Goods have been returned undamaged and in working order (if they are physical Goods also wrapped in their original packaging), the Seller shall refund to the Consumer all payments received from the Consumer under or in connection with the Contract, including the cost of transport, delivery and postage up to the amount of the cheapest form of postage, and other costs and charges, within 14 days from the date of receipt of the notice of withdrawal, in the manner used by the Consumer for payment.
7.5 In the event that the provision of Services is to commence under the Service Contract prior to the expiry of the withdrawal period or if the Consumer consents to the commencement of the provision of the Service prior to the expiry of the withdrawal period, the Consumer shall lose the right to withdraw from the Contract upon the full provision of the Service.
7.6 The Consumer may not withdraw from a contract, the subject of which is:
– the sale of goods that are made to the specific requirements of the consumer,
– the sale of goods intended specifically for one consumer,
– the sale of goods that are susceptible to rapid deterioration or perishability,
– the sale of goods which are enclosed in protective packaging, which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
– the sale of goods which, by their nature, may be inextricably mixed with other goods after delivery,
– the sale of pictorial, audio or audio-visual recordings, books or computer software sold in protective packaging if the consumer has unwrapped the packaging,
– the provision of electronic content, with the exception of electronic content provided on a tangible medium, where the provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent,
– the provision of a service to which the consumer has expressly consented and has declared that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract once the service has been provided in full, and if the service has been provided in full.
7.8 In the event that the Consumer violates the conditions for withdrawal from the contract or proper return of goods, the Seller is entitled to claim from the Consumer compensation for damages incurred by him under the relevant legislation.
7.10. Withdrawal form
(if you wish to withdraw from the contract, please fill in and send this form)
– Company : Istia s.r.o., ID No.: 51 019 051, Gorkého 3, Bratislava – Staré Mesto 811 01, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: sro, Insert No.: 121698/B, e-mail : info@koloristika.eu
– I/We hereby give notice* that I/We withdraw* from the contract for these goods/the contract for the provision of this service* : ………………
– Date ordered/date received* …………..
– Name and surname of the consumer(s) * …………..
– Address of consumer(s)* …………..
– Signature of consumer(s) * (only if this form is submitted in paper form) …………..
– Date …………..
* Strike out those that are not applicable.
- Alternative Dispute Resolution
8.1. If the Consumer is not satisfied with the manner in which his/her complaint has been handled, or if he/she suspects that the Seller has violated his/her rights, he/she may contact the Seller with a request for redress. He can do so by e-mail to: info@koloristika.eu
8.2. If the Seller does not respond to the Consumer’s request for redress within 30 days of its dispatch or if the Seller responds in the negative, the Consumer may submit a proposal for the initiation of an alternative dispute resolution to the Alternative Dispute Resolution entity (hereinafter referred to as ADR entity) pursuant to Act No. 391/2015 Coll. On Alternative Dispute Resolution of Consumer Disputes (hereinafter referred to as the “Act on Alternative Dispute Resolution of Consumer Disputes”), the entities are authorities and authorised legal persons pursuant to the provisions of Section 3 of the Act on Alternative Dispute Resolution of Consumer Disputes.
8.3.The consumer may submit a proposal for the initiation of alternative dispute resolution in the manner determined pursuant to the provisions of Section 12 of the Act on Alternative Dispute Resolution for Consumer Disputes. However, he/she may also file a complaint through the RSO’s alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
8.4 ADR (Alternative Dispute Resolution) applies only to contracts concluded at a distance and only to disputes between the Consumer and the Seller arising from or related to a Consumer Contract. It does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity shall have the right to require the Consumer to pay a fee for the initiation of alternative dispute resolution up to a maximum of EUR 5 including VAT.
- Copyright
9.1 The Customer is fully aware that the e-books are works within the meaning of the relevant provisions of the Copyright Act No. 185/2015 (hereinafter referred to as the “Copyright Act”). As the content of the e-books is protected by the Copyright Act, the Customer may not sell, rent, lend, copy, distribute or otherwise disseminate the e-books in any way. He may also not allow third parties to use the e-books or otherwise make the contents or any part of the contents of the e-books available to third parties or remove the descriptions or copyright designations contained in the contents of the e-book.
9.2 The Customer may not modify, circumvent, disable or remove the protection that protects the content of the e-book. He shall not perform any acts which tend to or result in a breach of the above obligations of the Customer and undertakes not to aid, abet or in any way authorise any third party to do so.
9.3 The Customer shall be fully liable for damage caused by breach of its obligations under clause 9.2 of these GTC.
9.4 The Customer understands that by purchasing the e-book, he/she does not acquire the personal or property rights of the author of the book.
- Final provisions
10.1 The General Terms and Conditions are binding from the date of their publication on the Seller’s website. The General Terms and Conditions shall be valid to the extent and in the wording in which they appear on the Seller’s website on the date of sending the Binding Order by the Customer. By sending the Binding Order, the Customer confirms to the Seller that it accepts the Purchase Price.
10.2 The Seller has the right to change these General Terms and Conditions at any time. He is obliged to notify them in writing, which he has done by publishing them on the Koloristika.eu website. These General Terms and Conditions come into force and effect upon publication on the Koloristika.eu website.
10.3 By sending the Binding Order, the Customer grants the Seller, in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data, consent to the processing of his/her personal data specified in the Binding Order in the Seller’s information system for the purpose of performance of the Purchase Contract or the Contract for the provision of services concluded pursuant to these General Terms and Conditions and for the purpose of offering the Goods and Services of the Seller, sending information about the Seller’s activities, including by electronic means, in particular by e-mail.
10.4 The Seller does not require from the Sender any information of a personal nature (birth number, ID number, age, nationality, gender, marital status, income of the Customer) that could be in any way misused by a third party.
10.5 The Customer grants the Seller consent to the processing of the following personal data: first name, surname (business name), postcode and name of the municipality (city), street, house number, for entrepreneurs, VAT ID number and VAT ID number, e-mail address and telephone number.
10.6 Consent to the processing of personal data is given voluntarily by the Customer. The Customer declares that the personal data provided in the Binding Order is true. The registered Customer may change his/her personal data directly in the online mode on the Seller’s website before confirming the data entered in the Binding Order or by sending an email to the Seller. The Seller does not pass on any of the received data to third parties.
10.7 Consent to the processing of personal data is granted by the Customer for a period until its revocation. He may withdraw his consent at any time by sending a written notice to the postal address of the Seller.
10.8 The Purchase Contract or the Contract for the provision of services under the terms and conditions set out in the General Terms and Conditions may be concluded in the Slovak language.
10.9 Unless otherwise provided for in a specific provision of the GTC, the Seller shall be bound by its offer of Goods and Services, including their price, from the conclusion of the Contract until the delivery of the Subject of the Order to the Customer. The Customer shall be bound by a binding Order until the time specified for delivery of the Goods.
10.10. The Customer has the option of confirming the data in the Binding Order or by registering to choose the option of regular delivery of information about promotions, offers and services of the Seller and other news on the Seller’s website Koloristika.eu. The Customer may cancel the receipt of these e-mails at any time by clicking on the “Unsubscribe” link in the e-mail message of the newsletter.
10.11 If the Customer has any questions about the Seller’s offer of Goods or Services, it may contact the Seller at any time.
