These Trading Conditions regulate legal relationships between the customer and the seller related to ordering goods in Genèse electronic shop available at www.genesestudio.com (henceforth referred to as “e-shop” or/and “merchandise”) and all related legal relationships relating to this e-shop.
The seller is TOROMAX s. r. o, Company ID: 46827498, VAT ID: 2023597840 with registered office Hájska 9, 036 01 Martin, Slovakia (henceforth referred to as “the seller”).
The customer is any natural or legal person who uses the e-shop, who in the first place performs acts directed to ordering the goods and ordering the goods themselves. The customer may be a consumer or a businessman or other legal entity.
The consumer is a natural person who does not act over the course of concluding or fulfilling a contract within the frame of his business, employment or profession (hence referred to as “the consumer”).
The Entrepreneur is any legal entity or a natural person who is not a consumer (henceforth referred to as “the Entrepreneur”).
Slovenská obchodná inšpekcia
Inšpektorát SOI pre Žilinský kraj
Predmestská 71, Žilina 1
Odbor výkonu dozoru
tel. no. 041/763 21 30
fax no. 041/763 21 39
In order to conclude an order, to find information about ongoing orders or any other correspondence with the seller, please contact us at the following contacts:
Responsible Person: Peter Vrábel
Postal address: TOROMAX s. r. o.,
Hájska 9, 036 01 Martin, Slovakia
tel. : +421915978030
Order of Goods
The purchase contract is concluded by executing the goods order by the customer and by confirming it by the seller (henceforth referred to as “the contract”). The seller is not obliged to accept the customer’s order.
These Trading Conditions effective at the time of concluding the purchase contract form an integral part of the contract (“GBC”). The customer is required to read carefully these Trading Conditions before submitting the order and to contact the seller at the above-mentioned contacts in case of any questions. By executing the order, the customer confirms that he/she has carefully read these Trading Conditions, understands and agrees with them without reservation.
Respective right (the consumer)
Legal relationships between the seller and the customer (who is the consumer), not specifically regulated by these Trading Conditions, are governed by Slovak Republic law, by the relevant provisions of Act no. 40/1964 of Civil Code as amended (henceforth referred to only as “the Civil Code”), § 588 et seq. of the purchase contract in particular.
Respective right (the entrepreneur): Legal relationships between the seller and the customer (who is the entrepreneur), not specifically regulated by these Trading Conditions, are governed by Slovak Republic law, by the relevant provisions of Act no. 513/1991 of the Civil Code as amended (henceforth referred to only as “the Civil Code”), § 409 et seq. of the purchase contract in particular.
Subject of a Contract
By concluding the purchase contract, the seller incurs liabilities to deliver the goods to the customer at address given in Slovak or Czech Republic or in another country by a special agreement while the customer incurs liabilities to receive the goods and pay an agreed purchase price for it.
The order can be delivered to the seller via the order form on the e-shop website or by the e-mail. The seller confirms the order delivery by e-mail address given by the customer immediately after delivery. Unless otherwise stated in this confirmation, such confirmation is not considered an acceptance of the order and therefore does not result in concluding the contract.
The customer is required to provide the following information in the order form on the web site of the e-shop or the e-mail order: name, surname, shipping address, optional details – telephone and e-mail contact. The customer is required to provide complete, up-to-date, accurate and true data. If the seller discovers or suspects that it is not this type of data, he/she have the right to withdraw from the contract. We ask customers to properly review the order contents prior to shipping and to delete potential mistakes.
The buyer has the right to cancel the order without specifying any reason within 12 hours after concluding the purchase contract by e-mail to: firstname.lastname@example.org. The buyer is obligated to enter the order number in the cancellation notice.
The customer’s order is obligatory for the buyer and may not be revoked by the buyer, except as otherwise provided in these Trading Conditions (Withdrawing from the contract by the consumer).
Order discounts and gift voucher
The seller offers an option of a privilege discount purchase as stated below:
- the buyer has requested for an individual discount on specific products by telephone/e-mail
- the buyer uses the discounted coupon for purchase
- each individual discount granted has its financial value and its date of validity
- discounts may be granted for retail and wholesale purchases
In case that the buyer withdraws from the purchase contract, a whole discount is automatically extinguished and a refund is reduced by a total discounted amount.
The gift coupon on our e-shop can be used by the buyer to reduce a purchase price, a value of the gift coupon is in a nominal value of 50 €, 100 €, 200 €, 300 €. The coupon’s validity is for a minimum of 6 months from the date of the firm order. The gift coupon can be used by anyone, not just the buyer, if the gift coupon value is larger than the ordered goods, the price difference is not returned to the buyer.
The final purchase price is listed for each individual item.
The purchase price may be paid in the following ways:
1) payment in advance (before delivery of the goods) by transferring to the seller’s bank account by PayPal or by payment gateways in general
2) payment at delivery of goods in cash on the collect on delivery.
The purchase price or any other payment in favour of the seller is considered to be paid only on the day the seller receives these funds (by crediting to the seller’s bank account, etc.).
In the case of a delay in any payment, the customer is obliged to pay the seller a late payment at the statutory level.
Obligation to take the goods:
The customer is obliged to take delivered goods. If you are a consumer and you reconsidered purchasing the goods, please report your withdrawal from the contract prior to shipping (see the consumer’s option to withdraw from the contract below).
If the customer refuses to take the goods, does not take them within a withdrawal period or avoids taking the goods in other way and the shipping company returns the goods to the seller marked as unreceived, the customer is obliged to reimburse all the costs associated with it to the seller, primarily the shipping charges associated with returning the goods to the seller in accordance with their valid price lists.
Non-acceptance of the goods is not considered as a withdrawal from the customer´s contract and does not discharge the customer of an obligation to pay a purchase price for the goods. In case of non-receipt of the goods, the seller has the right to demand the storage fee of 15 € from the customer and / or the contract withdrawal. The seller also reserves the right to prevent this customer from buying the goods from the e-shop for the collect on delivery.
The customer is required to pay the seller the above listed costs and the storage fee within 5 business days of the seller’s call for payment (via post or e-mail). Re-acceptance of the goods is only possible after the customer pays the above-mentioned costs to the seller, the storage fee as well as the costs associated with the repeated delivery of goods (postage). It is not possible to receive repeated delivery of goods through the collect on delivery. However, this situation occurs exceptionally, customers pay for the increased postage upon receipt of the re-sent delivery.
The delivery time is usually within 48 hours after dispatch the order.
Shipping Method and Postage
Unless otherwise stated, the cost of transporting the goods (henceforth “the postage”) together with the payment of the purchase price is paid by the customer. The amount of postage depends on the chosen shipping method and the purchase price. The amount of postage and shipping conditions depend on the current pricelist, the shipping rules and the Trading Conditions of individual shippers. The postage amount is higher when paying the purchase price on the collect on delivery.
The current amount of the postage and the offered types of shipping methods are stated by the seller in the order form when selecting the method of delivery of the goods. The customer is informed by the seller about the mentioned items on request.
Upon the effective date of these GBC, the seller offers the following delivery methods:
IN SLOVAK REPUBLIC (SLOVAKIA):
VIA PACKETA COURIES
via Slovak post courier service
the buyer collects goods in person
IN CZECH REPUBLIC (CZECHIA):
The collect on delivery (COD) to Czech Republic is sent in EUR. Slovak Post will calculate the amount according to the current exchange rate, where exchange differences may arise.
EUROPE & WORLDWIDE
We ship worldwide via Slovak Post, PACKETA and DHL Express.
Ownership Acquisition and Attachment of Risk of the Goods
The customer acquires ownership of the goods only on the date of payment of the purchase price to the seller. The customer acquires the risk of accidental loss, damage or destruction of the goods at a time of delivery to the customer.
Contract Withdrawal by the Consumer (Return of the Goods)
How to withdraw from the contract?
The consumer has the right to withdraw from the contract without specifying the reason within 14 calendar days of the goods delivery to the consumer by a notice clearly indicating the customer’s declaration expressing his/her will to withdraw from the contract (henceforth “the withdrawal notice”). The notice must be provably sent to the seller at the very latest by the last day of the deadline. The withdrawal notice can be delivered by the consumer to the seller on the seller’s contacts listed above in one of the following ways: in paper form by mailing;
- by e-mail
- on-line at the e-shop site
Exceptions to the option of the contract withdrawal
The consumer does not have the right to withdraw from the contract and return the goods that were:
made according to specific consumer requirements, made to measure, intended separately for one consumer,
contained in a protective package unsuitable to be returned for health or hygiene protection reasons and which protective packaging has been torn/broken after delivery.
Return of goods
The consumer is obliged to send the goods (not by the collect on delivery, it will not be received) cancelled by him/her back to the seller (henceforth “the cancelled goods”) not later than 14 days from the day of contract withdrawal.
Return Address: TOROMAX s.r.o., Peter Vrabel, TRI VODY II. 75/A, 90045, MALINOVO, Slovakia
Returned Goods State
The consumer is obliged to return the goods in their original packaging, undamaged, clean and with a badge. Please make sure that you do not have any perfume, antiperspirant, deodorant, make-up or other substances that could pollute the goods on your body when trying the goods.
WE DO NOT RECEIVE ANY GOODS SHOWING SIGNS OF BEING WORN.
Payment refund for the cancelled goods:
We will refund you the amount of the purchase price to your bank account by cashless transfer. If you made a payment for the purchase price through PayPal, this amount will be refunded via this portal. If the purchase price was paid by the collect on delivery and you requested a refund via Slovak Post, please state this fact in the withdrawal notice. Otherwise, you agree with transfer to a bank account. We will refund the purchase price and shipping costs within 14 days of receipt of the withdrawal notice, but at the earliest on the next working day after receipt of the returned goods.
Goods Return Costs
The consumer pays the costs of sending the goods back to the seller.
The seller is responsible for the goods having the required quality, quantity and size. The seller is responsible for the defects the sold goods have at the receipt of the goods and for the defects that occur after they were received during the warranty period.
For items sold at a lower price, the seller is not responsible for a defect for which a lower price were negotiated.
The seller is not responsible for change in quality of the goods that did not occur during a normal use of the goods. The seller is especially not responsible for changing the quality of the goods resulting from: wear-out that does not prevent to use the goods for the purpose it is intended for, misuse, inadequate or inappropriate care, natural change in materials from which the goods are made, mechanical damage, damage by natural elements or force majeure.
The seller is liable for defects of the goods that occur after it is taken during the warranty period. The warranty period is 24 months from the date of receipt of the goods by the customer. The proof of purchase (invoice) serves as a certificate of guarantee (certificate of warranty).
The goods must be claimed in the warranty period, otherwise the right from liability for defects expires.
The customer is obliged to claim the goods immediately after the goods are found to be defective, to cease to use the goods and to preserve it in such a way that there is no deterioration of the defect or other damage to the goods until the goods are sent to the seller within the frame of the complaint. Any damage to the goods due to breach of duty can not be considered a fault for which the seller is responsible for.
Complaints may be lodged by the customer in written form by post or by e-mail addressed to the seller’s contact details above, together with the dispatch of the goods to the seller’s postal address so that the seller can investigate the defect under complaint.
Such a notice (“the claim”) must include at least the following details: customer details, date and order number, date of receipt, description of the goods and defect claimed, the required method of the claim – see “the claim settlement” below). A copy of the proof of purchase must be attached to the claim and if it is a recurrence of the same defect, a copy of the proof of original claim must be likewise attached (in the case of the consumer, unless the purchase of the goods and the circumstances of the previous complaint prove otherwise).
Returned goods must be delivered to the seller complete and clean. Otherwise, especially if the complaint procedure will be hindered by the general hygiene principles, the seller will return the goods back to the customer at the expense of the customer without investigating the claimed defect, and such claim will be considered the non-applied claim. The customer bears responsibility for any damage to the goods during transportation.
Any claim that does not contain all the required data, documents and complete claimed goods under the conditions set forth above is considered the non-applied claim.
The seller is required to issue a confirmation of the lodged claim to the customer who is a consumer.
Postage necessary to deliver the goods to the seller or other necessary costs associated with the claim are paid by the customer. If the claim is legitimate, that is, if the claimed goods have a defect for which the seller is responsible for, we will pay you the costs of claiming the claim. For this purpose, we kindly request you to send us the confirmation of spent expenses (postal payment confirmation) together with the complaint.
If the customer is a consumer, the complaint will be processed within 30 days of claiming the complaint.
The claim is considered handled once the complaint procedure is terminated by handing over the goods, returning the purchase price of the goods, paying a reasonable discount on the price of the goods or by a written request for acceptance or a reasoned refusal.
The seller will send a written proof of the complaint to the customer who is a consumer within 30 days of its claiming.
If the customer is a consumer and claimed the complaint for the goods during the first 12 months of purchase, the seller accepts the goods or handles the goods for expert judgment. Expert judgment is conducted at the expense of the seller. The consumer is obliged to accept the result of a professional judgment.
If a customer is a consumer and claimed for goods after 12 months of purchase, the seller accepts or rejects the claim based on his own judgment. If a complaint is denied, the seller will notify the consumer to whom he can send the product for expert judgment. The consumer may reapply the claim only if the consumer, by expert judgment, demonstrates the seller’s liability for a defect.
The seller may submit the goods claimed by the customer which is an entrepreneur for an expert judgment as defined in Act no. 250/2007 coll. of Consumer Protection Act as amended. The customer incurs liability to accept the result of the expert judgment. If it shows that the seller is not responsible for the claimed defect, the customer is obliged to compensate the seller for such expert judgment.
If the seller admits the claim, the customer has the following rights
- Customer’s Rights for Removable Defect:
- If the goods have a defect that can be removed, the customer has the right to remove the defect for free, timely and properly. If it does not incur excessive costs to the seller in relation to the price of the goods or the seriousness of the defect, the customer may instead require an exchange of goods. Instead of removing the defect, the seller may always replace the defective item as free from defects if it does not cause serious difficulties to the buyer. If the customer can not properly use the goods due to higher number of defects or recurrence of defects, he/she has the right to withdraw from the contract. If the customer so requests, the seller may instead provide the customer with a reasonable discount on the price of the goods.
- Customer’s Rights for Non-Removable Defects:
- If the goods have a defect that can not be removed, the customer has the right to have an appropriate discount on the price of the goods. Nevertheless, if some non-removable defect prevents the goods from being properly used as a non-defective thing, the buyer has the right to exchange the goods or to withdraw from the contract.
New warranty period begins to run from the time of the new goods are taken.
Repair of Goods
The time from claiming liability for defects (from the receipt of the complaint) until the customer is required to take the goods after the repair has been completed, is not counted into the warranty period.
Discount from Purchase Price
If the seller handles a claim by providing a discount on the purchase price, the seller will determine the amount depending on the value of the goods and the extent of the defect. The customer has the right to interest or the right to withhold the purchase price (or a part of it) due to the right to a discount from the purchase price in terms of § 439 par. 1 and 2 of Commercial Code.
Return of Goods
Once the claim is handled, the seller delivers the goods (original, repaired or exchanged, depending on how the claim is handled) to the customer at the address given at his own expense. If the seller handles the claim by returning the purchase price, the goods are not returned to the customer.
In the case of claiming the goods that can not be settled because the customer did not meet the conditions of the claim (especially if he/she sent the goods in a dirty state) or repeatedly unwarranted claim of the same defect (after the complaint is properly settled and no new circumstances are present) the customer is obliged to refund the seller for the delivery of the goods back to the customer.
If the customer fails to take the goods, the seller has the right to charge the customer a storage fee of 15 EUR.
In the case of an unsatisfactory complaint procedure, the purchaser-consumer has the right to contact the seller with a request for redress (by email to email@example.com) if he/she is not satisfied with the seller’s handling of his claim or if he believes the seller violated his rights. If the seller´s answer by declining the request or fails to respond to this request within 30 days of its dispatch, the consumer has the right to file proposal for the Alternative Dispute Resolution of Consumer Disputes (ADR) according to law 391/2015 coll. ADR bodies are authorities and authorized legal entities according to law §3 of Act 391/2015 coll. The proposal may be submitted by the consumer according to the procedure specified in §12 of Act 391/2015 coll.
The consumer can also file a complaint through the Online Dispute Resolution Platform (ODR), available online at http://ec.europa.eu/consumers/odr/index_en.htm.
The Alternative Dispute Resolution can only be used by the consumer – a natural person who does not act in the course of his business, employment or occupation at the time of concluding and performing a consumer contract. The Alternative Dispute Resolution only concerns a dispute between the consumer and the seller either resulting from a consumer contract or a dispute related to a consumer contract. The Alternative Dispute Resolution applies only to long distance contracts. The Alternative Dispute Resolution does not deal with disputes where the value of the dispute does not exceed 20 EUR. The ADR may require the consumer to charge a fee for starting the Alternative Dispute Resolution up to a maximum of 5 EUR with VAT.
Contract Withdrawal by the Seller
The seller has the right to withdraw from the contract in the cases listed in these GBC or legislation. The contract withdrawal notice may be sent by the seller to the customer in written form by post or by e-mail.
Among other things, the seller has the right to withdraw from the contract if he/she is aware of the facts on the basis of which he/she expects the customer not to take the goods; the information given in the order is incorrect, incomplete or fictitious; there is a depletion of stocks of ordered goods;
due to the so-called force majeure, that is an obstacle which occurs independently of the seller´s will and prevents him/her from fulfilling his obligation, if one can not reasonably assume that the seller would avoid or overcome this obstacle or its consequences and that he/she would foresee such an obstacle at the time of a hindrance occurrence.
To File Complaints and Suggestions
Your opinion is important to us and moves us further. You can contact the seller at the above contacts with your suggestions, submissions or complaints. We will answer your questions in the shortest possible time.
In e-shop operation and related activities, the seller is the personal data controller of his/her potential customers and customers or other persons who will provide his/her personal data for any of the following purposes. The seller processes personal data in accordance with law no. 122/2013 on Law Protection of Personal Data as amended (“henceforth the law”) to protect your personal data as much as possible. Please note, however, that any risks of data security breaches can not be totally excluded in the Internet environment.
When providing personal information to the seller, you are required to provide correct, complete and up-to-date personal information. If the personal information you provide is changed during the time of its processing by the seller, you are required to notify the seller of the change.
Conclusion of Purchase Contract
For the purpose of concluding the purchase contract and its performance, processing of your personal data is necessary to the extent of title, name, surname, postal address, e-mail address, telephone number and bank account details.
By choosing a specific shipping method, you agree to provide your personal data to the extent necessary for the company that provides the chosen shipping method.
Personal data we might obtain from you through these portals are processed in accordance with these GBCs.
In order to obtain your feedback regarding your satisfaction with the purchased goods and our services, you may contact the seller by e-mail asking for a review after purchasing the goods. A review with your first name can be posted on the genesestudio.com, facebook.com and twitter.com websites.
Providing a review is voluntary. By providing a review, you agree to such disclosure and processing of your personal data by the seller for a given purpose in the sense stated above for an indefinite time period. The seller is not responsible for the processing of your personal data by the operators of the pages on which they are published, other persons.
Your Rights Regarding Processing of Personal Data:
You have the right to require confirmation whether personal data about you are processed or not based on a written request from the seller,
in a generally comprehensible form, information on the processing of personal data in the information system within the scope of § 15 par. (1) (a) to (e), second to sixth points of the Act;
in a generally comprehensible form, accurate information about the source from which you obtained your personal data for processing,
in a generally comprehensible form, a list of your personal data that are the subject of processing, correcting or deleting your incorrect, incomplete or outdated personal data that is being processed,
a disposal of your personal data whose purpose of processing has expired; if the official documents containing personal data are processed, you can request their return,
a disposal of your personal data that is being processed, any violation of the law or blocking of your personal data for the purpose of withdrawing consent prior to the expiration of its validity, and the seller processing the personal data on the consent of the person concerned.
Address for sending request: www.genesestudio.com, TOROMAX S.R.O., PETER VRABEL, TRI VODY II. 75/A, 90045, MALINOVO, SLOVAKIA.
As a person aggrieved, you have additional rights in particular according to § 28 of the Act, including the right to contact the Office for the Protection of Personal Data, Hraničná 12, 820 07 Bratislava 27.
Any legal relationships resulting from a purchase contract or other relationships governed by these GBCs are governed by the law of Slovak Republic. The contract parties have agreed to exclude the application of the UN Convention on contracts for the International Sale of Goods, published in the Collection of Laws no. 160/1991 coll. as well as an exclusion of the application of the Convention on limitation in the international purchase of goods published in the Collection of Laws no. 123/1988 coll. This does not apply to cases where an agreement on the choice of applicable law is excluded by law.
The qualified general courts in Slovak Republic, especially the General Court of the Seller are competent to decide on any disputes arising from or related to the Contract. This does not apply to cases where the choice of court agreement is excluded by law.
The contract consists of the accepted customer order and the GTC effective at the time of the contract conclusion. The seller does not keep written or electronic production of these documents for the purpose of the customer. Customer has the ability to reproduce and retain the contents of these documents at the time of concluding the contract.
If the customer is an entrepreneur, any cash payment by the seller to the customer in a non-cash form is considered to be met by transferring the relevant amount from the seller’s bank account.
The customer who is an entrepreneur has no right to set off any of his claims against the seller’s claims.
If any provision of these GBC or purchase contract is null and void, ineffective, unenforceable or will cease to be effective or enforceable at a later date, this will not affect the validity, effectiveness and enforceability of other GBC and Contract terms.
These contitions operate from 1.8. 2020
Thank You for your support!