Terms and conditions
of the e-shop administrator Ing. Ivan Peťko, PhD. - ReBella, business ID: 52043185 address Cyprichova 3, 83154 Bratislava for selling products and services via on-line e-shop located at the web address https://www.rebellafashion.com
1. Introductory provisions
1.1. The terms and conditions (herinafter the "terms & conditions") of the administrator Ing. Ivan Peťko, PhD. - ReBella, business ID: 52043185 address Cyprichova 3, 831 54 Bratislava (hereinafter the "seller") define in accordance with § 1751 paragraph 1 of the Act No 89/2012 Coll., of the Slovak Civil Code as amended (hereinafter the "civil code") the mutial rights and obligations of the parties arisen out or in the context of the purchase contract (hereinafter the "purchase contract") concluded between the seller and an individual (hereinafter the "buyer") via the seller's on-line e-shop in the form of the buyer's binding order. The on-line e-shop is led by the seller at the web address https://www.rebellafashion.com (hereinafter the "web page" or "e-shop") by means of the web page interface (hereinafter the "e-shop interface").
1.2. These terms & conditions do not apply if the buyer is a legal person or any individual acting as a business unit which is ordering a product or servise from the seller for his/her next business activities.
1.3. It is possible to negotiate different provisions from the provisions stated in these terms & conditions in a separate purchase contract. Such the provisions negotiated in a separate purchase contract take precedence over provisions of these terms & conditions.
1.4. The terms & conditions provisions are integral part of the purchase contract. The purchase contract and terms & conditions are written in english. The purchase contract is concluded in english.
1.5. The seller may modify or extend the terms & conditions. This provision does not affect the rights and obligations arisen during the validity of the prevsious version of the terms & conditions.
2. User account
2.1. The buyer may register in the e-shop interface and subsequently access his/her user account (hereinafter the "user account") via the e-shop interface. The buyer may create electronic orders resulting in binding orders from his/her user account. The buyer may create electronic orders resulting in binding orders without registering and accessing his/her user account as well.
2.2. When registering and creating orders or creating orders without registration the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in his/her user account in case of any change. The information provided by the buyer in his user account and created orders are considered to be true and correct by the seller.
2.3. The buyer accesses his/her user account using his/her user name and password. The buyer is obliged to keep his/her user name and password in secret.
2.4. The buyer is not entitled to provide his/her user name and/or password to any other third person, nor let any other third person use his/her user account.
2.5. The seller may remove user account mainly in case the buyer does not access his/her user account for more than a year or the buyer breaches his/her obligations stated in the purchase contract or terms & conditions.
2.6. The buyer takes in mind that his/her user account may not be available non-stop mainly due to necessary maintainance of the seller's hardware and software or necessary hardware and software maintanance of the third persons.
3. Concluding the purchase contract
3.1. The products presented at the e-shop are informative and the seller is not obliged to conclude the purchase contract. The § 1732 paragraph 2 of the civil code does not apply.
3.2. The e-shop interface contains information about products including their prices and returning costs. The product prices include all taxes and relevant fees. The product prices are valid until they are displayed in the e-shop interface. This paragraph does not limit possible conclusion of the purchase contract between the seller and the buyer under individual conditions.
3.3. The e-shop interface contains information about the packaging and delivery costs. If not explicitly stated, these costs are included in the product price.
3.4. The buyer fills the ordering form in the e-shop interface to order a product(s) of his/her interest. The ordering form contains mainly information about:
3.4.1. ordered product(s) - the buyer puts the product(s) of his/her interest to electronic cart in the e-shop interface
3.4.2. payment options and delivery options
3.4.3. returning costs (all hereinafter the "order").
3.5. Before sending the order to the seller the buyer may check and change data put in the ordering form. The order is sent to the sellers e-mail when the buyer clicks the button "Finish order". The data entered in the ordering form are considered correct and true by the seller. After receiving the order the seller immediately acknowledges the order receivment to the buyer sending the ack. e-mail to the e-mail provided in the user's account/ordering form (hereinafter the "buyers e-mail")
3.6. The seller is entitled to request the buyer to confirm the order by e-mail or mobile phone depending on the order attributes such as product quantity, price, calculated delivery costs and so on.
3.7. The contractual relationship arises when the order sent by the buyer to the sellers e-mail is received by the seller in his mail box.
3.8. The buyer agrees with using remote communication means in the process of the purchase contract concluding. The costs incurred by the buyer by using remote communication means in the process of purchase contract concluding (internet access costs, mobile phone costs) are paid by the buyer himself/herself.
4. Purchase price and payment terms
4.1. Purchase price and delivery costs according to the purchase contract may be paid by the buyer to the seller in the following ways:
- cashless direct money transfer to the seller's bank account: IBAN: SK5183300000002901504109, Fio Bank Slovakia (hereinafter the "sellers account");
- cashless using a payment system
4.2. The buyer is obliged to pay the purchase price and the packaging and delivery costs to the seller stated in the order. If not explicitly stated, hereinafter the purchase price is meant as product price together with delivery and packaging costs.
4.3. The seller does not require the byuer to pay the deposit nor any similar payment. This provision does not affect the provision 4.6 of terms & conditions regarding the buyer's obligation to pay the purchase price in advance.
4.4. The purchase price is payable to 5 days from purchase contract conclusion.
4.5. When making the payment the buyer is obliged to enter the variable symbol of the payment. The obligation to pay the purchase price is fulfilled when money is transferred to the seller's bank account.
4.6. The seller is entitled, mainly in the case the buyer will not confirm the order (provision 3.6), to request the payment of the purchase price before the ordered products are sent to the buyer. The paragraph 1 of § 2119 of the civil code does not apply.
4.7. Possible product price discounts provided by the seller to the buyer can not be combined.
4.8. Ater the buyer makes payment according to the purchase contract the seller will issue an invoice to the buyer and send it by e-mail to the buyer's e-mail address.
5. Withdrawal of the purchase contract
5.1. The buyer takes into account that in accordance with § 1837 of the civil code it is not possible to withdraw the purchase contract which was modified according to his/her needs.
5.2. If it is not the case stated in the paragraph 5.1 of terms & conditions or any other case when it is not possible to withdraw the purchase contract, the buyer in accordance with § 1829 of the civil code may withdraw the purchase contract within 14 days period after the purchased product(s) is/are delivered. If there are more products in the purchase contract the period to withdraw starts after the last one is delivered to the buyer. The withdrawal of the purchase contract must be delivered to the seller within this period in writing either by sending it to the seller's address or by e-mail sent to the seller's e-mail.
5.3. In case of withdrawal of the purchase contract according to the provision 5.2 of terms & conditions the purchase contract is terminated and not valid. The buyer must send all delivered products regarding the purchase contract with no damages within 14 days after the seller received the withdrawal of the purchase contract. In case of the seller's withdrawal of the purchase contract all the costs regarding returning of the purchased products are at the seller's expense.
5.4. In case of withdrawal according to the provision 5.2 of terms & conditions the seller refunds money paid by the buyer to him/her within 14 days after withdrawal by the buyer in the same way the buyer paid it. In case of the buyer's withdrawal the seller is not obliged to refund money received until the buyer will not return the purchased products regarding the purchase contract or the buyer will not prove that the products were sent.
5.5. In case the products returned from the buyer are damaged, the seller will refund to the buyer money paid except for the value of the damages.
5.6. Whenever the buyer is entitled to withdraw the purchase contract so is the seller until the buyer receives all the purchased products. In case of the seller's withdrawal the seller will refund money without undue delay cashless to the buyer's bank account provided by the buyer.
5.7. If the seller provides a gift to the buyer, the buyer is obliged to return the gift along with the products purchased in case of the buyer's withdrawal of the purchase contract.
6. Transportation and delivery of products
6.1. In case the way of transportation and delivery is agreed based on individual needs of the buyer all extra costs are at the buyer's expense.
6.2. In case the seller is obliged to deliver the purchased products according to the purchase contract to the place stated in the purchase contract the buyer is obliged to take over the products in delivery.
6.3. If it is necessary to deliver the products repeatedly because of the buyers reasons or deliver the products in another way as the way stated in the purchase contract all extra costs are at the buyer's expense.
6.4. When the buyer is taking over the products delivered the buyer is obliged to check for any damages and if there are any, the buyer is obliged to inform the carrier. The buyer is not obliged to take over the products if there are any damages of the cover/packaging proving an illegal try to open the packages provided that the buyer informs the carrier about these damages.
6.5. Other rights and obligations regarding transport and delivery of the products may be stated by the specific delivery terms of the seller, if they are issued by the seller.
7. Rights in case of defective contract performance
7.1. The rights and obligations of the parties regarding the rights of defective performance are governed by the respective generally binding legal regulations (mainly § 1914 - 1925, § 2099 - 2117 a § 2161 - 2174 of the civil code and the Act. No 634/1992 as amended).
7.2. The seller is responsible for not having defects in the products to the buyer. In particular, the seller is liable to the buyer when the buyer takes over the products for:
7.2.1. the products have properties agreed in the purchase contract and in case when explicit agreement is missing the products have the properties described by the seller or the properties the buyer would expect with respect to the nature of the products (i.e. the properties that may be expected in general w.r.t. the nature of products) based on the seller's advertising
7.2.2. the products fit the purpose described by the seller or the purpose the products are used for in general
7.2.3. the products are in coincidence with respect to quality and design with agreed sample or template in case when the quality and design are to be determined by the agreed sample or template
7.2.4. the products are in expected quantity, measure and weight according to the purchase contract
7.2.5. the products are in coincidence with requirements of the corresponding legal acts
7.3. Statements of the provision 7.2 of terms & conditions do not aply in case when the products are sold at reduced price because of defects reducing the price in agreed amount or because of the wear and tear of the products due to their normal use or because of used products are having defects that correspond to the degree of use or wear which the products had in time of taking over by the buyer or the defects are implied by the nature of the products
7.4. if a defect shows up in 6 months from taking over the products by the buyer the products are considered having the defect in time of taking over. The buyer is entitled to apply the rights regarding defective performance of the contract within 24 months from taking over the products.
7.5. The rights regarding defective performance of the contract are applied by the buyer at the seller's office where such the rights are applicable with respect to the kind of the products or at the registered place of business.
7.6. Another rights and obligations regarding the seller's responsibility to the buyer may be specified by the seller's complaint procedure.
8. Other rights and obligations of the parties
8.1. The buyer's ownership of the purchased products begins with his payment of purchase price when money is added to the seller's bank account.
8.2. The seller is not bound in relation to the buyer by any codes of conduct in terms of the paragraph 1 of § 1826 letter e) of the civil code.
8.3. Processing of the consumer's complaints is realized by means of the seller's e-mail firstname.lastname@example.org. The result of the processed complaints is sent by the seller to consumer's e-mail.
8.4. For out-of-court settlements of consumer disputes from the purchase contract is determined the Slovak Trade Inspection, based in Bratislava.
8.5. The European Consumer Centre in the Slovak Republic, address Mlynské nivy 4924/44A, 82715 Bratislava, internet page: https://esc-sr.sk/ is a contact place according to the Regulation of the European Parliament and the Council of EU No 524/2013 of 21st of May 2013 on Solving Consumer Disputes On-line and on change of Regulation (ES) No 2006/2004 and Directive 2009/22/ES (directive on Solving Consumer Disputes On-line).
8.6. The seller is entitled to sell products and services by his Trade License. Trade control is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection performs, to a limited extent, supervision of compliance with Act no. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby takes the risk of changing circumstances in terms of § 1765 par. 2 of the civil code.
9.1. Privacy protection of the buyer's personal data who is an individual is ensured by the Act. 101/2000 Coll. on Privacy Protection, as amended.
9.2. The buyer agrees with processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail, phone number (hereinafter "personal data").
9.3. The buyer agrees with personal data processing by the seller in order to applicate the rights and obligations of the purchase contract and for user account registration. If the buyer does not choose other option, the buyer agrees with personal data processing for sending information and marketing materials to the buyer's e-mail as well. Consent to the personal data processing in full scope of this paragraph is not a requirement that, if not fullfiled, impedes the conclusion the purchase contract.
9.4. The buyer takes into account that he/she is obliged to provide the personal data (in registration process, in ordering process) correctly and truthfully and that he/she is obliged to inform the seller about any personal data change with no undue delay.
9.5. The seller may delegate processing of the buyer's personal data to a third person. Except for carriers of goods no such delegation by the seller is possible without the buyer's consent to process personal data by a third person.
9.6. Personal data are processed for unlimited time. Personal data are processed electronically in an automated manner or in a paper form in a non-automated manner.
9.7. The buyer confirms that his/her personal data provided are precise, correct, thruthful and he/she was/were awared of voluntary providing of his/her personal data.
9.8. If there is any buyer's suspicion that the seller or a third person (defined under the provision 9.5) processes his/her personal data in a personal life protection breaking or law breaking manner, mainly if personal data are inaccurate with respect to the purpose of its processing, the buyer may:
9.8.1 ask the seller or third person for explanation,
9.8.2 ask the seller or third person to correct such situation.
9.9. If the buyer asks for information about his/her personal data processing the seller is obliged to provide the information. The seller is entitled to demand a reasonable reimbursement not exceeding the costs necessary to provide the information.
10. Sending business notifications and saving cookies
10.1. The buyer agrees with sending business notifications about the products, services or business of the seller including marketing materials to the buyer's e-mail.
10.2. The buyer agrees with saving cookies on his/her computer. In case the purchase order may be created and the seller's obligations from the purchase contract may be fullfiled without saving cookies on the buyer's computer, the buyer may withdraw the consent with saving cookies according to the previous sentence.
11. Document delivery
11.1. The seller is entitled to send electronic documents to the buyer's e-mail address
12. Final provisions
12.1. If the contractual relathionship determined by the purchase contract includes international aspects, the seller and the buyer accept and agree, that it is governed by the Slovak laws
12.2. The provision 12.1 of terms & conditions does not limit consumers in application of rights for protection quaranteed by laws that can not be omit and which in case of non-existing option of choosing the law system applied would be applied according to Art. 6 par. 1 Regulation (EC) No 1782/2003 of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the Law Applicable to Contractual Obligations (Rome I).
12.3. If any provisions of terms & conditions are invalid or non-applicable or become invalid or non-applicable in time, such the provisions are replaced with provisions with the most approximated meaning. The invalidity or non-applicability of one provision does not affect validity or applicability of others.
12.4. The purchase contract including terms & conditions is archived by the seller electronically and is not accessible.
12.5. Seller's contact: address Cyprichova 3, 831 54 Bratislava, e-mail email@example.com, mobile: 0950 574 131.
In Bratislava 25. 10. 2018