Terms and conditions
Basic information
These terms and conditions apply to contracts concluded remotely in the e-shop wildimperfection.com between the seller and the buyer pursuant to Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded remotely.
The seller is: Petra Kovalíková, MR Štefánika 2560/40, 02201 Čadca. Company ID 47639164, VAT number 1085370297. Tel. 0944 254 211, e-mail: hello.imperfection@gmail.com. Registered in the Trade Register of the Čadca District Office, under ref. no. 520-25662.
The buyer is a consumer, i.e. a natural person who, when concluding and performing a consumer contract, does not act within the scope of his business activity, employment or profession. Purchases made by a business entity are governed by the Commercial Code, File No. 513/1991 Coll.
The supervisory authority for consumer protection is the Inspectorate of the Consumer Protection Inspectorate for the Žilina Region, Predměstská 71, PO Box B-89; 011 79 Žilina 1.
Order and conclusion of contract
Sending a completed order by the buyer is considered a proposal to conclude a contract according to the Civil Code, based on the seller's offer in the e-shop. The contract is concluded by confirming the order by the seller.
Prices of goods
All product prices in the e-shop are final, including all taxes. The seller is not a VAT payer.
The product price does not include delivery costs. These are listed on the wildimperfection.com/shipping and payment page and in the shopping cart before completing the order, where the buyer can see the total price of the order including the cost of delivery.
Payment for goods
The seller accepts payment for the ordered goods using the methods listed on the wildimperfection.com/doprava a platba page.
Part of an order in the e-shop is the buyer's obligation to pay the price to the seller for the ordered goods.
Delivery of goods
If the delivery time is not specified for the product, the seller will deliver the goods to the buyer within 30 days at the latest.
The goods are deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by him (with the exception of the carrier) takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last, b) he delivers goods consisting of several parts or a piece c) he delivers goods repeatedly during a defined period, at the moment of taking over the first delivered goods.
Complaints procedure
The seller is responsible for defects that the goods have when they are taken over by the buyer. For used items, he is not responsible for defects caused by their use or wear and tear. For items sold at a lower price
is not liable for the defect for which a lower price was agreed. Unless the goods are perishable or
for used items, the seller is liable for defects that occur after taking over the item within the warranty period (warranty).
The warranty period for new goods is 24 months, which runs from the time the goods are taken over by the buyer. The warranty period for used goods is 12 months. The warranty period for services (repair or modification of the item) is 3 months. The warranty period for custom-made items is 24 months. If a use-by date is indicated on the item being sold, its packaging or the instructions attached to it, the warranty period will not end before the expiry of this period.
The warranty certificate is issued at the buyer's request. Proof of purchase is sufficient to make a claim.
If the goods have a defect that 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.
However, the buyer should not continue to use the item in which the defect has been discovered. As for defects that occur after purchase, they must be reported without undue delay after the defect is discovered, at the latest by the end of the warranty period. After the end of the warranty period, the right to make a complaint ceases.
Wear and tear characteristic of the material or use is not considered a defect. It is not a defect if the nature of the item sold means that its lifespan is shorter than the warranty period and if, under normal use, the item becomes completely worn out before the warranty period expires.
The buyer may, instead of removing the defect, 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 incur unreasonable costs for the seller in relation to the price of the goods or the seriousness of the defect. The seller may always, instead of removing the defect, replace the defective item with a perfect item, provided that this does not cause serious difficulties for the buyer. If the defect is irremovable and prevents the item from being used properly as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights apply to the buyer in the case of removable defects, but if the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects. In the case of other irremovable defects, the buyer has the right to a reasonable discount on the price of the item.
Rights arising from liability for defects are exercised at the seller's registered office. However, if the warranty certificate states a warranty service that is located at the seller's location or at a location closer to the buyer, the buyer shall exercise the right to repair at the warranty service. The warranty service is obliged to carry out the repair within a period of no more than 30 days.
If an exchange occurs, the warranty period will start again from the date of receipt of the new item. The same applies if a component for which a warranty was provided is replaced.
Complaint settlement means the termination of the complaint procedure by handing over the repaired product, replacing the product, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to accept the performance or its justified rejection.
When making a complaint, the seller will determine the method of handling the complaint immediately or, in complex cases, no later than 3 working days from the date of making the complaint, in justified cases.
cases, especially if a complex technical assessment of the condition of the product or service is required, no later than 30 days from the date of filing the complaint. After determining the method of handling the complaint, the complaint is handled immediately, in justified cases the complaint can be handled later; however, the handling of the complaint may not take longer than 30 days from the date of filing the complaint. After the deadline for handling the complaint has expired, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
If the buyer has made a product complaint within the first 12 months of purchase, the seller may settle the complaint by rejecting it only on the basis of an expert assessment; regardless of the result of the expert assessment, the buyer will not be required to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the complaint no later than 14 days from the date of settlement of the complaint. If the buyer has made a product complaint after 12 months from purchase and the seller has rejected it, the seller shall indicate in the document on settlement of the complaint to whom the buyer can send the product for expert assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment, as well as all other related costs reasonably incurred, shall be borne by the seller regardless of the result of the expert assessment. If the buyer proves the seller's liability for the defect through an expert assessment, he may lodge the complaint again; during the performance of the expert assessment, the warranty period shall not run. The seller
is obliged to reimburse the buyer within 14 days from the date of re-submission of the complaint all costs incurred for the expert assessment, as well as all related costs incurred in a reasonable manner. A re-submitted complaint cannot be rejected.
The seller is obliged to issue a confirmation to the buyer when making a complaint. If the complaint is made by e-mail, the seller is obliged to deliver the confirmation of the complaint 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 confirming the settlement of the complaint; the confirmation of the complaint does not have to be delivered if the buyer has the opportunity to prove the claim in another way.
Return of goods – withdrawal from the contract without giving a reason
The buyer has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods. This right can only be exercised by the consumer.
The goods are deemed to have been taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last, b) he delivers goods consisting of multiple parts or pieces, he delivers the goods repeatedly during a defined period, at the moment of taking over the first delivered goods.
The buyer may withdraw from the contract, the subject of which is the delivery of goods, even before the withdrawal period begins.
The buyer cannot withdraw from a contract whose subject matter is:
- sale of goods made according to the consumer's special requirements, custom-made goods or goods intended specifically for one consumer,
- sale of goods enclosed in protective packaging that is not suitable for return for health protection reasons
or for hygiene reasons and whose protective packaging was broken after delivery,
- sale of goods which, due to their nature, can be inseparably mixed with other goods after delivery.
The buyer may exercise the right to withdraw from the contract in writing or on another durable medium (e.g. by e-mail), or by sending a completed form that we send to you by e-mail.
after creating an order.
The right to withdraw from the contract can be exercised by sending a notice of withdrawal even on the last day of the fourteen-day period.
After receiving the notice of withdrawal from the contract, the seller shall refund to the buyer all payments received from him under or in connection with the contract, including the costs of transport, delivery and postage and other costs and fees, within 14 days at the latest. The seller shall refund the payment in the same way as the buyer used for his payment. The buyer may also agree with the seller on another method of refunding the payment.
The Seller is not obliged to pay the Buyer additional costs if the Buyer has explicitly chosen a delivery method other than the cheapest standard delivery method offered by the Seller. Additional costs are understood to be the difference between the delivery costs chosen by the Buyer and the costs of the cheapest standard delivery method offered by the Seller.
In the event of withdrawal from the contract, the seller is not obliged to refund the buyer's payments before the goods are delivered to him 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 authorized by him.
The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods within 14 days from the date of withdrawal from the contract. This period is considered to have been observed if the goods were handed over for transport no later than the last day of the period. In the event of withdrawal from the contract, the buyer only bears the costs of returning the goods to the seller or a person authorized by the seller to take over the goods, as well as the costs of returning the goods, which, due to their nature, cannot be returned by post.
The buyer is liable for any diminished value of the goods resulting from such handling of the goods that goes beyond the handling necessary to establish the properties and functionality of the goods. The buyer has the opportunity to test the functionality of the goods after delivery, but cannot use the goods if he withdraws from the contract. In order to establish the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the manner that would be possible in a brick-and-mortar store. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, the buyer should only try on purchased clothing, but not wear it, and should return the goods with the original tags or other protective
or identification means.
Alternative dispute resolution
The buyer – the consumer – has the right to contact the seller with a request for redress (for example, by e-mail) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his consumer 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 alternative dispute resolution 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 list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic https://www.mhsr.sk/. The consumer may submit a proposal in the manner specified in Section 12 of Act 391/2015 Coll.
The consumer can also file a complaint through the alternative dispute resolution platform RSO, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm.
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/her 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 EUR 20. The ADR entity may request payment of a fee from the consumer for initiating alternative dispute resolution up to a maximum of EUR 5 including VAT.