GENERAL TERMS AND CONDITIONS

MAGENTA SHOP, sro

Registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic

IČO: 50 311 450, VAT ID: 2120272957, VAT ID SK2120272957

Company registered in the Commercial Register of the District Court Trnava, Section: Ltd., File No.: 37706/T

Phone number: +421 911 367 656

Email: info@magentashop.sk

Bank connection: UniCredit Bank Czech Republic and Slovakia, as

SWIFT/BIC: UNCRSKBX

Bank account number (IBAN): SK3511110000001287997008

General terms and conditions valid and effective from 19.05.2022

  1. PREAMBLE

  1. These GTC regulate the rights and obligations of the Contracting Parties arising from the Contract concluded between the Seller as the seller of the Goods and the Buyer as the buyer of the Goods, through the Web Portal available at the address "www.magentashop.sk " , and at the same time determine the principles of the legal relationship between the Buyer and the Seller, who is also the owner and operator of the Web Portal in question.
  2. These GTC apply to all Contracts concluded through the Web Portal, except if the Seller and the Buyer conclude a separate contract in which they expressly agree on terms different from these GTC, in which case the terms agreed in the separate contract shall prevail over these GTC.
  3. Legal relations between the Seller and the Buyer - Consumer, not expressly regulated by these GTC, are governed by the generally binding legal regulations of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Consumer Protection Act, the Consumer Protection Act in Distance Selling and other valid legal regulations of the Slovak Republic. Legal relations between the Seller and the Buyer - Entrepreneur, not expressly regulated by these GTC, are governed by the generally binding legal regulations of the Slovak Republic, in particular the relevant provisions of the Commercial Code and other valid legal regulations of the Slovak Republic. The Buyer - Entrepreneur also acknowledges that the rules of these GTC, as well as the Complaints Procedure, apply to the contractual relations between him and the Seller, inter alia, with reference to the relevant provisions applicable to Buyers - Entrepreneurs.
  4. These GTC, including the Complaints Procedure, are available on the Seller's Web Portal. It is the obligation of each Buyer to familiarize themselves in detail with these GTC and the Complaints Procedure, as well as with other documents available to the Buyer via the Web Portal, before concluding a Contract with the Seller.

  1. DEFINITIONS AND INTERPRETATION

  1. The Contracting Parties acknowledge that the provisions of this article of the GTC, in addition to their definitional nature and purpose, also have a normative nature or purpose, i.e. establishing the rights and/or obligations of the Contracting Parties, and therefore the provisions of this article are equally binding on the Contracting Parties as the other provisions of these GTC.
  2. The headings of individual articles are included for ease of reference only and have no effect on the interpretation of these GTC.
  3. Unless otherwise stated in these GTC, words used in these GTC in the singular shall also apply to the plural and vice versa. Words used in the masculine gender shall also include the feminine gender and the neuter gender.
  4. The terms and expressions defined and used in these GTC shall be consistent with the meaning of the terms and expressions in all binding legal relations between the Parties, unless otherwise provided for by generally binding legal regulations or expressly agreed upon in writing by the Parties. The terms with a capital letter in these GTC shall have the following meaning:

  1. Civil Litigation Code means Act No. 160/2015 Coll. Civil Litigation Code, as amended;
  2. Price means the purchase price that the Buyer undertakes to pay to the Seller for the Goods and their delivery; for the avoidance of doubt, for the purposes of these GTC, Price means the total price, consisting of, among other things, the Seller's costs of delivering the Goods or other reasonable costs related to the Order;
  3. Gift Voucher means a digital voucher in a specified amount (sum) issued by the Seller and offered for sale by the Seller on the Web Portal and entitling its owner (i.e. the Buyer or a Third Party) to pay the Price for the Goods;
  4. Day means a calendar day;
  5. Buyer means an entity that has entered into a binding relationship with the Seller through an Order in order to purchase the Goods offered by the Seller on the Seller's Web Portal. Only a natural person with legal capacity – Consumer, as well as legal entities and organizations – Entrepreneurs, can become a Buyer;
  6. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as amended;
  7. Civil Code means Act No. 40/1964 Coll. Civil Code, as amended;
  8. Commercial Code means Act No. 513/1991 Coll. Commercial Code, as amended;
  9. Order means an individual written order for Goods from the Buyer addressed to the Seller, which consists of completing and sending an order form on the Web Portal, and which contains information about the Buyer, the ordered Goods and the Price of the Goods, as well as the method of delivery of the Goods and payment for the Goods;
  10. Entrepreneur means a person (i) registered in the relevant commercial register, (ii) who conducts business on the basis of a trade license, (iii) who conducts business on the basis of a license other than a trade license under special regulations, (iv) a person who places an Order within the framework of his business activity or in connection with it, or a person who states his ID number in the Order;
  11. User means any person who browses the Web Portal and obtains information from it;
  12. Working day means a day from Monday to Friday, unless it is a public holiday or a non-working day in the territory of the Slovak Republic;
  13. Seller means the company MAGENTA SHOP, sro, with its registered office at: Hlavná 11/23, 917 01 Trnava, Slovak Republic, Company ID: 50 311 450, which acts as the seller of the Goods through the Web Portal for the purposes of these GTC and the Contract;
  14. Controller means the controller of personal data, which is the Seller;
  15. Registration means the establishment of a permanent user account of the Buyer on the Web Portal;
  16. Complaints Procedure means a document issued by the Seller to ensure a quick and correct procedure in handling Complaints, complaints and suggestions, and for the purposes of properly informing Buyers about the conditions and method of applying Complaints about Goods, complaints and suggestions;
  17. A complaint means a written submission by the Buyer containing the Buyer's request to check the quality, point out defects or other shortcomings in relation to the Goods in accordance with the Complaints Procedure and relevant legal regulations;
  18. Consumer means a natural person who, when concluding and performing the Contract, is not acting within the scope of his business activity, employment or profession;
  19. Goods means products of the Magenta fashion brand, or any products and products that are currently available in the Seller's offer on the Web Portal, and which are presented via the Web Portal for the purpose of its sale to the Buyer; for the purposes of these GTC, a Gift Voucher is also considered to be Goods;
  20. Third Party means any natural or legal person, association, foundation, authority, other entity, or person having legal capacity under the law of any jurisdiction, whether in full or in limited extent, other than the Seller and/or the Buyer;
  21. GTC means these general terms and conditions as amended;
  22. Web Portal means the Seller's web portal operated on the website www.magentashop.sk;
  23. Act on Alternative Dispute Resolution means Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Acts, as amended;
  24. Personal Data Protection Act means Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as amended;
  25. Consumer Protection Act means Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended;
  26. The Act on Consumer Protection in Distance Selling means Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller's premises and on amendments and supplements to certain acts, as amended;
  27. Contract means a purchase contract concluded between the Seller and the Buyer at a distance, concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Seller and the Buyer, outside the Seller's premises, the subject of which is the sale and purchase of Goods through the Web Portal, under the conditions set out in these GTC and/or the Contract;
  28. Contracting Parties means the contracting parties to the binding legal relationship, namely the Seller and the Buyer, who have concluded the Contract.

III. ORDER AND CONCLUSION OF THE CONTRACT

  1. The subject of sale through the Seller's Web Portal is the Goods. A more detailed specification of the Goods and a description of the main features of the Goods are available on the Seller's Web Portal after opening or clicking on each individual Goods. The Seller continuously and constantly updates the Goods available on the Web Portal.
  2. The purchase of Goods through the Web Portal can be made through Registration, or without Buyer Registration.
  3. The purchase of Goods without Buyer Registration is made through a one-time Order by the Buyer as an unregistered customer.
  4. The purchase of Goods by the Buyer, who is registered on the Web Portal, takes place through the established user account of the Buyer. When registering, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any change. When registering, the Buyer chooses his own username (e-mail) and password, through which he will log in to his user account on the Web Portal. The Buyer is obliged to keep the password secret and not make it available to any third party. In the event that the Buyer suspects possible misuse of his password or login data to the user account, he is obliged to change the password immediately and inform the Seller about the above fact.
  5. In the event of Buyer Registration on the Web Portal and purchase of Goods through the Buyer's user account, the Buyer has the opportunity to receive benefits and use additional services resulting from such Registration and resulting from the Seller's current offer (e.g. view previous Orders, check the status of the Order, the right to use the Loyalty Discount System pursuant to Article VII of these GTC).
  6. The purchase of Goods is carried out through an Order, by entering the required data as part of the ordering process in the "Cart" of the Web Portal. The Buyer is entitled to select individual products (Goods) in the required number of pieces using the "Add to Cart" button. In the "Cart" the Buyer is entitled to change or remove the required number of pieces of selected products (Goods). The Buyer acknowledges that the availability of the Goods is in each individual case tied to the current stock of the Seller.
  7. The Buyer is obliged to choose the method of delivery of the Goods and the method of payment for the Goods within the Order and to truthfully and completely fill in the required delivery and billing data in the electronic order form – Order. The Order can be sent only after filling in all mandatory fields – delivery address, or billing data, selection of payment method and method of delivery of the Goods.
  8. Sending the Order is conditional on the Buyer's confirmation of familiarization with the GTC and the processing of the Buyer's personal data by the Seller.
  9. By confirming and sending the Order (in the form of a completed and sent order form), i.e. by pressing the "Order with payment obligation" button on the Web Portal, the Buyer gives the Seller a binding proposal to conclude a Contract, the subject of which is the purchase of the Goods specified in the Order and selected by the Buyer from the products (Goods) listed on the Web Portal. By sending the Order, the process of ordering the Goods is completed.
  10. By submitting an Order, the Buyer expressly confirms that he is aware of the obligation to pay the Price for the Goods in accordance with the Order, delivery of the Goods and other predetermined costs to the Seller. The notification sent by the Seller serves only to confirm delivery of the Order. It does not mean automatic acceptance of the Order and does not create a binding purchase contract between the Buyer and the Seller.
  11. After the Order has been properly and completely submitted, the Buyer will receive an automatic email to the email address provided during the Order (or Registration) process, confirming the registration of the Order in the Seller's electronic system and confirming the Order.
  12. The Order becomes binding and the Contract is concluded upon delivery of the Order confirmation from the Seller to the Buyer. Any change to the Order after the conclusion of the Contract is a proposal to amend the Contract and is possible only upon mutual agreement between the Seller and the Buyer.
  13. The Buyer acknowledges that the Seller is not liable to the Buyer or Third Parties for any damage arising from the Buyer providing incorrect, incomplete and misleading data and information when filling in the Order, including entering an incorrect, incorrect or outdated e-mail address and/or telephone number of the Buyer.
  14. The Contract is concluded for a fixed period of time and terminates upon fulfillment of the obligations of the Seller and the Buyer.

  1. DELIVERY AND RECEIPT OF GOODS

  1. Based on the Contract, the Seller undertakes to deliver and hand over to the Buyer the purchased Goods and enable him to acquire ownership of the Goods, and the Buyer undertakes to take over the Goods and pay the Seller the agreed Price. The Seller is obliged to deliver the Goods to the Buyer in the quantity, type, quality, in accordance with the Order and as determined by the Contract and these GTC.
  2. The Seller shall fulfill its obligation to deliver the Goods to the Buyer by enabling the Buyer to dispose of the Goods in accordance with the Order.
  3. The method of delivery of the Goods is offered by the Seller and chosen by the Buyer before concluding the Contract. The Buyer shall indicate the required method of transport (delivery) of the Goods in the Order. The Buyer may choose the method of receipt of the Goods, or the method of delivery of the Goods, as follows:
  1. personal collection;
  2. standard delivery of the Goods via a shipping company / courier.
  1. The delivery of the Goods will be carried out in the manner specified by the Buyer in the Order, usually at the delivery address specified by the Buyer in the Order. For these purposes, the Buyer is obliged to provide true contact (delivery) details in the Order, including an e-mail address and telephone number.
  2. The delivery time for Goods that are in the Seller's warehouse is, in the case of the Slovak Republic, usually 3 (three) Business Days from the conclusion of the Contract. For information on delivery within the EU, visit the website www. magentashop.sk in the Payment and Shipping section. In the case of personal collection, the Goods are usually ready for collection on the day of conclusion of the Contract. In exceptional cases, when some types of Goods are not in stock, the delivery time may be longer. The Buyer will be informed about the exact delivery time of the Goods by the Seller, usually in the Order confirmation. In the case of personal collection of the Goods, the Seller undertakes to always inform the Buyer about the possibility of receiving the Goods; in this case, the Buyer is entitled to try on the Goods (clothing) at the collection point - if the Buyer is no longer interested in purchasing the Goods, he is entitled to withdraw from the Contract by proceeding according to Article IX of these GTC. If circumstances require, the Seller and the Buyer may agree to extend the delivery period or to provide a substitute product of the same quality and price.
  3. The Seller is not liable for any delay in the delivery of the Goods and for any damage caused to the Buyer or a Third Party as a result of (i) the Buyer not properly checking his Order when placing the Order, (ii) not entering all the required data and/or (iii) filling out the order form incorrectly, (iv) or as a result of the justified inability of the transport company/courier to deliver the Goods, especially in cases where the delivery address specified in the Order is located in places with an unpaved road surface, or in the event of repeated (at least 2 times) failure to accept the Goods by the Buyer, or repeated (at least 2 times) failure to reach the Buyer at the delivery address.
  4. The risk of damage, accidental destruction and accidental deterioration of the quality of the sold Goods shall pass to the Buyer upon receipt of the Goods, regardless of whether the Buyer receives the Goods in person or through a person authorized by him/her. If the Buyer had to receive the Goods from the carrier, the risk of accidental destruction and accidental deterioration of the quality of the purchased Goods shall pass to the Buyer upon receipt of the Goods at the place of delivery designated by him/her.

  1. PRICE

  1. The current prices of the Goods are set by the Seller for each individual Goods offered on the Website. The individual prices for the Goods listed on the Website do not include delivery, transportation, postage and other costs or fees, which vary depending on the conditions of the provider of the Goods' transportation as well as the method of payment for the Goods and other costs. The Buyer pays additional fees to the price of the Goods depending on the type of delivery method chosen and the payment method chosen in connection with the Order for the Goods from the Seller's current offer of payment methods and forms of delivery.
  2. The Buyer undertakes to pay the Seller the agreed Price for the Goods and their delivery. The price of the Goods, including any other costs (e.g. delivery costs, transport) will always be communicated to the Buyer before sending the Order.
  3. The Buyer may pay the Price for the Goods in one of the following ways (with the exception of the Gift Voucher, which is subject to Article VI., point 6.2 of these GTC):
  1. cash on delivery;
  2. payment via the payment gateway on the Web Portal.
  1. The Buyer acknowledges that the invoice delivered to the Buyer together with the Goods, or the electronic invoice issued by the Seller and delivered to the Buyer's e-mail address specified in the Order or Buyer's Registration, serves as proof of payment or as a basis for payment for the Goods. The invoice also serves as a warranty certificate and, in some cases, as a delivery note.

  1. GIFT VOUCHER

  1. A gift voucher is issued and offered for sale by the Seller in a specified amount and is used to purchase Goods on the Web Portal.
  2. Payment for the Goods – Gift Voucher can be made exclusively in the manner specified in Article V., point 5.3.2. of these GTC.
  3. After purchasing a Gift Voucher, it will be delivered to the Buyer exclusively electronically to the email address provided during the Order (or Registration) process. A Gift Voucher is a so-called digital Gift Voucher and each Gift Voucher contains a unique code assigned to the relevant Gift Voucher.
  4. The Gift Voucher can be used to purchase Goods in the amount of the nominal value stated on the Gift Voucher and no later than the validity period of the relevant Gift Voucher. The validity period of the Gift Voucher is 1 (one) calendar year, after which the Gift Voucher expires.
  5. A Gift Voucher can also be used to purchase multiple items of Goods, as well as within multiple purchases (as long as the Gift Voucher balance is positive). Multiple Gift Vouchers can also be used to pay for one item of Goods/one purchase. If the nominal value of the Gift Voucher is not used up, the difference in money cannot be paid out. After the nominal value of the Gift Voucher has been exceeded, the Buyer is obliged to pay the difference. The Buyer also acknowledges that after the nominal value of the Gift Voucher has been exceeded, it is not possible to "recharge" it again, but a new Gift Voucher must be purchased.
  6. A gift voucher cannot be exchanged for cash under any circumstances, nor can a bank transfer of funds be requested based on it.
  7. A gift voucher can be exchanged for another voucher with an extended validity only after prior agreement with the Seller.
  8. A gift voucher cannot be offset against unpaid receivables.
  9. The gift voucher is transferable, i.e. it is not tied to the Buyer and can be used by any Third Party.
  10. The Seller is not responsible for the loss of the Gift Voucher, its theft, misuse, or delay in redemption.

VII. LOYALTY DISCOUNT SYSTEM, LOYALTY POINTS

For sharing our website on Facebook or X ▶️ you will receive a 10% discount coupon

For following our Instagram profile ▶️ you will receive a 10% discount coupon

Subscribe to our newsletter ▶️ and get a 5% discount coupon

For creating your own account ▶️ you will get a 10% discount coupon

For entering your date of birth ▶️ you will get 100 points

For placing an order ▶️ you will get 4 points / for every €10

Loyalty points can be exchanged for the following coupons/vouchers:

10% coupon for 50 points

5% coupon for 25 points

€30 customer voucher for 800 points

€50 customer voucher for 1200 points

€100 customer voucher for 1600 points

The Seller reserves the right, depending on its current business policy, to adjust or cancel the amount and scope of loyalty points awarded and discounts offered to the Buyer at any time.

  1. The Seller reserves the right to award loyalty points to the Buyer also in the event of certain events or actions of the Buyer (e.g. activity on social networks, recommendation of the Seller, Registration, etc.). However, the Buyer has no legal right to the above.
  2. The current status of loyalty points is available to the Buyer on the Web Portal in the "DISCOUNTS & REWARDS" section.
  3. In the event of withdrawal from the Contract, the Seller is entitled to withdraw any loyalty points already assigned to the Buyer in connection with the Order or the Goods to which the withdrawal from the Contract applies.
  4. The Buyer is entitled to exchange the acquired loyalty points for various discounts and gifts currently available on the Web Portal or in the Seller's brick-and-mortar store.
  5. The Seller reserves the right to terminate the Buyer's entitlement to the loyalty discount system if the Buyer commits any abusive or unfair conduct towards the Seller, or if the Buyer threatens the Seller's good name.

VIII. DISCOUNTS AND DISCOUNT COUPONS

  1. For promotional purposes, the Seller is entitled to send the Buyer an electronic discount coupon via e-mail, SMS or "pop-up" message via the Web Portal. The amount of the discount, the range of products to which the discount applies and the validity period of the discount coupon will be determined by the Seller in each case individually.
  2. One discount coupon can only be used once, for one purchase. In case of multiple use, the Seller has the right not to recognize a duplicate discount. Discounts provided by coupons cannot be combined with other coupons or other discounts.
  3. The Buyer is entitled to enter the discount coupon code in the "Use gift voucher or discount" field within the Order. After pressing the "Continue order" button, the relevant discount will be taken into account and the resulting Price will be recalculated.
  4. The Buyer is also entitled to use discount coupons in the Seller's brick-and-mortar store using the code provided in the Seller's cash register system.

  1. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract – Consumer

  1. The Buyer is entitled to withdraw from the Contract within 14 (fourteen) Days without giving any reason.
  2. The period for withdrawal from the Contract begins to run from the date of receipt of the Goods by the Buyer. The Goods are deemed to have been received 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
  1. Goods ordered by the Buyer in one Order are delivered separately, upon receipt of the Goods that were delivered last,
  2. delivers Goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
  3. The Goods are delivered repeatedly during a defined period, upon receipt of the first delivered Goods.
  1. The Buyer is entitled to withdraw from the Contract, the subject of which is the delivery of Goods, even before the period for withdrawal from the Contract begins to run pursuant to point 9.2 of these GTC.
  2. The Buyer acknowledges that he is not entitled to withdraw from the Contract, the subject of which is
  1. provision of a service, if its provision began with the express consent of the Buyer and the Buyer declared that he was duly informed that by expressing this consent he loses the right to withdraw from the Contract after the service has been fully provided, and if the service has been fully provided,
  2. sale of Goods or provision of services, the Price of which depends on price movements on the financial market, which the Seller cannot influence and which may occur during the period for withdrawal from the Contract,
  3. sale of Goods that are subject to rapid deterioration or spoilage;
  4. sale of Goods made according to the Buyer's specific requirements, Goods made to measure or Goods intended specifically for one Buyer,
  5. sale of Goods enclosed in protective packaging, which is not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
  6. sale of Goods which, due to their nature, may be inseparably mixed with other goods after delivery,
  7. for other reasons exhaustively set out in the provisions of Section 7, Paragraph 6 of the Act on Consumer Protection in Distance Selling.
  1. In the event of withdrawal from the Contract, the Buyer is obliged to send the Goods back by post to the Seller's registered office address, or to another Seller's address from which the Goods were sent, or to hand them over in person to a person authorized by the Seller to receive the Goods, no later than 14 (fourteen) Days from the date of withdrawal from the Contract. The period is considered to have been observed even if the Goods were handed over for transport no later than the last day of this period.
  2. The Buyer is obliged to deliver the Goods to the Seller clean, unused, undamaged, unwashed, in the original packaging, including the original labels and all accessories.
  3. In the event of withdrawal from the Contract, the Buyer is liable to the Seller for any reduction in the value of the Goods resulting from handling the Goods that goes beyond the handling necessary to determine the properties and functionality of the Goods.
  4. The Buyer acknowledges that in the event of withdrawal from the Contract, he is obliged to bear the costs of returning the Goods to the Seller or to a person authorized by the Seller to take over the Goods, and if he withdraws from a Contract concluded at a distance, also the costs of returning the Goods, which, due to their nature, cannot be returned by postal delivery.
  5. In connection with the return of the Goods to the Seller, the Buyer is entitled to use the "Goods Return Service", through the designated "Goods Return Form" available on the Web Portal. As part of the "Goods Return Service", the Seller undertakes to provide the Buyer with the services of a transport company / courier who will pick up the Goods intended for return from the Buyer at the requested pickup address. The "Goods Return Service" is currently available only for registered delivery addresses in the Slovak Republic. The "Goods Return Service" is charged a flat rate of EUR 4 (in words, four euros), while the Buyer can pay for the service in question using one of the payment methods currently provided by the Seller (usually by offsetting it against the total paid Price for the Goods, which the Seller undertakes to return to the Buyer in accordance with point 9.10. of this article of the GTC - i.e. the Buyer will be refunded the Price for the Goods reduced by EUR 4 (in words, four euros), of which the Buyer will be notified before ordering the service in question).
  6. In the event of withdrawal from the Contract, the Seller shall return to the Buyer without undue delay, but no later than 14 (fourteen) Days from the date of receipt of the notice of withdrawal from the Contract, the total price paid for the Goods in full, including all payments received from the Buyer, without applying any additional fees associated with returning the Price to the Buyer. The Seller shall return to the Buyer the Price for the Goods in the same manner as the Buyer used to pay the Price, unless the Parties agree otherwise.
  7. The Seller is not obliged to pay the Buyer additional costs if the Buyer has expressly chosen a delivery method other than the cheapest common 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 common delivery method offered by the Seller.
  8. If, based on a Contract concluded outside the Seller's premises, the Goods were delivered to the Buyer's home at the time of conclusion of the Contract and, due to its nature, it is not possible to send the Goods back to the Seller by post, the Seller is obliged to arrange for the collection of the Goods at its own expense no later than 14 (fourteen) Days from the date of delivery of the notice of withdrawal from the Contract.
  9. When withdrawing from the Contract, the subject of which is the sale of Goods, the Seller is not obliged to refund the Price for the Goods to the Buyer before the Goods are delivered to him or until the Buyer proves that the Goods have been sent back to the Seller.

Withdrawal from the Contract – Entrepreneur

  1. The Buyer - Entrepreneur acknowledges that in the event of withdrawal from the Contract, he is not entitled to withdraw from the Contract under the provisions of these GTC that apply to the withdrawal of the Buyer - Consumer. The relevant provisions of the Commercial Code apply to withdrawal from the Contract by the Buyer - Entrepreneur, unless these GTC provide otherwise.

Withdrawal from the Contract – general provisions

  1. The Buyer may deliver the withdrawal from the Contract in writing to the address of the Seller's registered office: MAGENTA SHOP, sro, with its registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic, or electronically (by e-mail) to the e-mail address: info@magentashop.sk. The Buyer may use the sample form to withdraw from the Contract, which is available on the Web Portal in the "Form for withdrawal from the contract" section.
  2. In the event of withdrawal from the Contract by the Seller, the Seller is obliged to proceed in a legal manner, to deliver the withdrawal from the Contract to the Buyer without delay, to the Buyer's e-mail address specified in the Order or. Buyer's Registration. Before withdrawing from the Contract, the Seller is entitled to offer the Buyer a substitute performance. The Buyer has the right to refuse the substitute performance and withdraw from the Contract.
  3. If the Seller withdraws from the Contract and the Buyer has paid the Price, the Seller undertakes to return the Price to the Buyer, or the Price in the value of the undelivered Goods.

  1. PERSONAL DATA PROTECTION

  1. The Seller is the controller of the personal data of Buyers, Users of the Web Portal, and those interested in the Goods as data subjects and processes them in accordance with the GDPR Regulation and the Personal Data Protection Act.
  2. The Operator undertakes to comply with the provisions of the Personal Data Protection Act. More detailed information on the processing of personal data by the Operator can be found on the Web Portal in the "Personal Data Protection" section.

  1. SALVATORY CLAUSE

If any provision of these GTC and/or the Agreement is or becomes invalid, ineffective or unenforceable (obsolete) for any reason, this does not and will not result in the invalidity, ineffectiveness or unenforceability of the remaining provisions of these GTC and/or the Agreement. The Parties are obliged to negotiate in good faith to replace the invalid, ineffective or unenforceable provision in writing with another provision whose substantive content is identical or as similar as possible to the provision being replaced, while the purpose and meaning of these GTC and/or the Agreement must be preserved. Until such an agreement is concluded, but also in the event that it is not concluded at all, other provisions of these GTC and/or the Contract shall be used to replace the invalid, ineffective or unenforceable provision, and if there are none, then the provisions of the Commercial Code and other legal regulations valid and effective in the territory of the Slovak Republic, which meet the criteria according to the previous sentence. The parties have agreed that this article of the GTC shall apply exclusively to the contractual relationship between the Seller and the Buyer - Entrepreneur.

XII. DELIVERY

  1. In matters of communication with Buyers and matters relating to these GTC or the Contract, the Seller primarily uses electronic communication (e-mail) as well as the Web Portal. In cases where these GTC foresee the notification of facts to the Buyer by notification via the Web Portal, such notifications are deemed to be notified to the Buyer by their publication on the Web Portal in accordance with the terms of these GTC.
  2. For the purposes of contacting the Seller pursuant to these GTC and the Contract, the Buyer is entitled to contact the Seller in the following manner:

Delivery address:

MAGENTA SHOP, sro, with registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic

Address for returning the Goods, personal collection of the Goods:

MAGENTA SHOP, sro, with registered office: Hlavná 11/23, 917 01 Trnava, Slovak Republic

Phone number: +421 911 367 656

Email: magentashopsk@gmail.com

  1. Documents shall be delivered by post, courier service or electronic means (e-mail) to the agreed address, to the address of the registered office, place of business or residence of the other Contracting Party or to an address designated by the Contracting Parties for this purpose. The date of delivery in the case of delivery by courier service shall be deemed to be the date on which the addressee accepted or refused to accept the document. For the avoidance of doubt, any written consignment sent by post from the Seller to the Buyer or by the Buyer to the Seller shall be deemed to have been delivered to the addressee on the date of its acceptance or by the return of the undelivered document. Documents delivered by e-mail shall be deemed to have been delivered on the date of their dispatch, unless a different date of delivery is proven.

XIII. APPLICABLE LAW

  1. These GTC and legal relationships arising on their basis and/or on the basis of the Contract, or related to these GTC and/or the Contract, are governed by the law of the Slovak Republic. However, if the Buyer - Consumer is from a country other than the Slovak Republic, and this grants him a more advantageous position than the Slovak law, i.e. if the law of the Buyer - Consumer's state offers the Consumer a more effective option for protection, or if conflict of laws rules and statutory provisions on the protection of the Buyer - Consumer in a given country apply to the given relationship, which cannot be excluded, the law of the Buyer - Consumer's country shall apply to these GTC and the given relationship. In any case, the Seller respects the rights of the Buyer - Consumers that are guaranteed in their country of residence.
  2. All disputes arising from the legal relationship arising under the Contract and/or these GTC or related to the Contract and/or GTC, including disputes about the validity, interpretation and termination of the Contract and/or GTC, the Buyer and the Seller shall try to resolve them by agreement as a priority. If no agreement is reached, the dispute shall be finally settled by a Slovak court based on the rules of local, material and functional jurisdiction under the Civil Procedure Code, unless otherwise determined in the Contract or by applicable law (including international law).

XIV. FINAL PROVISIONS

  1. These GTC as amended shall apply throughout the validity and effectiveness of the legal relationship between the Seller and the Buyer established by the Contract, and even after its termination, until the full settlement of all claims arising from them. In such a case, the GTC may be amended only with the express consent of both Contracting Parties, unless otherwise provided for by applicable law. A validly concluded Contract shall be governed by the GTC valid at the time of its conclusion.
  2. The Seller is entitled to unilaterally change the GTC, provided that this does not affect point 14.1 of these GTC. The Seller announces changes to the GTC by publishing them on the Web Portal, at least 15 (fifteen) Days in advance, and/or by sending the change to the GTC to the Buyer's e-mail address, within the same period. The reasons for changing the GTC are mainly (i) changes in relevant legislation or requirements of relevant authorities, or (ii) changes in external factors that affect the delivery of the Goods.
  3. An integral part of these GTC is the Complaints Procedure.
  4. The general market surveillance authority for consumer protection in the internal market is, according to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments and supplements to certain acts:

Slovak Trade Inspection (SOI)

Inspectorate of the SOI for the Trnava Region

with registered office at Pekárska 23, 917 01 Trnava 1

Slovak Republic

Department of Supervision, tel. no. 033/321 25 27, 033/321 25 21, fax no. 033/321 25 23, tt@soi.sk

Consumer Protection Department, tel. no. 02/58 27 21 86

http://www.soi.sk ,

https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi