Terms and Conditions

1. Definitions, legislation and opening provisions

1.1 These General Business Terms and Conditions (hereinafter only referred to as “GBTC”) regulate the business relations between the Supplier and the Order Party established upon the business contract (hereinafter only referred to as “contract”) formed between the Supplier, understood as atelier Mgr.art. Marcel Holubec, with registered office at Mateja Bela 846/8, 811 06 Bratislava – mestská časť Staré Mesto, Company’s ID: 422 05 875, Registered in the Commercial Register at Bratislava, file no. 110-292303 (hereinafter only referred to as “Supplier”), providing the sale of products, as listed on the website www.marcelholubecw.com (hereinafter only referred to as “website”), and the Order Party that may as well be understood as the Consumer (hereinafter referred to as “Consumer”). The Order Party (hereinafter referred to as “Order Party”) is understood as a physical person or a legal entity. The Consumer is understood as a physical person whose activity pursuant to the contract stands outside their official business activity. The rights and responsibilities related to the Consumer and the warranty period are subject to the provisions of the Civil Code, Act No. 40/1964 Coll. as amended. The legal entity is understood as a business entity acting within their official business activity, and one of the following applies:

a person registered in the Commercial Register,
a person conducting business activity based on a trade license,
a person conducting business activity based on a license other than a trade license, in accordance with specific legal provisions,
a person conducting business activity in agricultural production and registered in the Commercial Register.

If the Order Party includes their Company ID in the order, they acknowledge and it is understood by both parties that the GBTC provisions pursuant to legal entities shall apply.

1.2. The contractual relationship between the contracting parties is subject to the provisions of the Commercial Code, Act No. 513/1991 Coll. as amended, unless otherwise defined herein. Agreements between the Order Party and Supplier that deviate from these GBTC take precedence.

1.3. Specific provisions between the Order Party and Supplier that deviate from these GBTC may be agreed upon in the contract. Such specific provisions, if agreed upon in the contract, shall take precedence over the GBTC provisions.

1.4. The Supplier may amend the GBTC, and may do so unilaterally. This provision does not affect the rights and obligations pursuant to the period in which the previous version of the GBTC applied.

2. Order of Goods

2.1. The Consumer may order the goods via their user interface, i.e. using their registration to access their user account. As an alternative, the Consumer may order the goods without such a registration, i.e. directly via the Supplier’s website interface.

2.2. When ordering the goods via registration on the website, the Consumer must provide all details accurately. Any changes in personal details must be updated in a reasonable timeframe. The Consumer’s personal details in the user account at the time of placing an order are understood by the Supplier to be up-to-date and accurate.

2.3. Only persons older than 15 years of age are allowed to use the registration process on the website.

2.4. The access to the user account is secured by the user name and the password. The Consumer is obliged to maintain their access data confidential, and acknowledges the fact that the Supplier bears no responsibility for any breach of this obligation on the Consumer’s part.

2.5. In view of the character of the order, the Supplier at all times has the right to ask the Consumer to reconfirm their order, especially in cases where the volume and the pricing of the order and/or the delivery details call for such reconfirmation. The Supplier may ask for reconfirmation using written or phone communication.

2.6. The contractual relationship between the Supplier and the Consumer commences once the order has been received and accepted. The Supplier confirms accepting the order by sending the Consumer an e-mail message stating so, using the e-mail address that the Consumer provided either in the registration or when placing the order via the Supplier’s website interface.

3. Pricing and payment conditions

3.1 Prices of goods listed on the website are final; these prices do not include the shipping costs which are listed separately in the shopping form before placing the order.

3.4. In case of bank transfers being used as a payment method, the Consumer must include the variable symbol when making the payment. The payment is understood as completed once the amount arrives in the Supplier’s bank account.

3.5. The Supplier has the right to require the price to be paid in whole before the order is shipped to the Consumer.

3.6. Regarding the contract-based payments, the Supplier shall send the Consumer a tax document, i.e. an invoice, in accordance with the legal requirements. The invoice shall be sent to the Consumer before the ordered goods are delivered, and shall do so via e-mail.

3.7 The Supplier accepts the following payment conditions:

advance payments (via bank transfers),
paywall payments (using online payment cards).

The ordered goods remain in the ownership of the Supplier before the price has been paid in full and the ordered goods have been delivered to the Customer. The liability related to possible damage risks is transferred from the Supplier to the Consumer once the Consumer has accepted the delivered goods.

4. Shipping and delivery

4.1. The Supplier offers the following delivery options:

local pick-up (Bratislava) – free of charge,
shipping company DPD Group – for deliveries to - SK €5 – EU I. ( AT, HU, CZ, DE, PL ) €12 – EU II. ( UK, IT, FR, CH, DK, HR, SI, SE, ES, PT, NO, NL ) €32 – WORLD €50

4.2. If the Supplier is contractually bound to deliver the ordered goods to a specific place, the Consumer has the obligation to collect the goods when delivered. If the Consumer does not collect the goods at the time of delivery, the Supplier has the right to withdraw from the contract.

4.3. In cases when the ordered goods must be delivered repeatedly or by any means different from what was agreed in the order, the Consumer is obliged to cover the costs related to the repeated shipping or the change in the delivery method.

4.4. When collecting the order from the shipping company, the Consumer must examine the packaging for defects, and immediately notify the shipping company in case of any inconsistencies. The Consumer has the right not to accept the delivered order if the packaging has been impaired or damaged. By signing the delivery documentation, the Consumer acknowledges that the goods have been delivered unimpaired.

4.5. More specific terms and conditions in relation to the delivery of the order may be additionally arranged between the Supplier and the Consumer.

5. Claims procedure in respect of defective goods

5.1 Warranty for the Consumers (physical persons) is for a period of 24 months, and warranty for the legal entities (or those not understood by law as the Consumers) is for a period of 12 months. Warranty period comes into force on the day the Consumer collects the ordered goods.

5.2. Warranty period is automatically extended if the goods have been claimed. The extension of the warranty equals the length of such claim. Any responsibility for defective goods terminates if the claim has not been made within the given warranty period.

5.3 The rights and responsibilities related to the Consumer and the warranty period are subject to the provisions of the Civil Code, Act No. 40/1964 Coll. as amended.

5.4. The Consumer may exercises their legal rights at the Supplier’s registered office (or via e-mail) at: orders@marcelholubecw.com. The time of exercising the claim is understood as the time when the Supplier obtained the claimed goods from the Consumer.

5.5 If the defects on the claimed goods may be removed (i.e. repaired), the Consumer has the right to have the defect removed properly, at no additional cost, and within a reasonable time period as stated by the law. The Supplier must remove the defects without undue delay. The Consumer may require the goods to be replaced rather than repaired; or, the Consumer may require repair or change of the part of the goods that is defective – if this means no unduly excessive costs on the Supplier’s part, in view of the price of the goods and/or the seriousness of the defects. The Supplier may at any time replace the defected goods rather than remove the defect if there is a consent to this by the Consumer.

5.6 If the defects cannot be removed, and this causes the goods to be properly used as a non-defective goods, the Consumer has the right to have the goods replaced or to withdraw from the contract.

5.7 If the defects cannot be removed, the Consumer has the right to require a discount from the original/full price of the goods.

5.8 The claimed goods should be properly secured in order to avoid additional damage or defects during the delivery process, and the claim should contain the following: the claimed goods, the invoice for the claimed goods, a detailed description of the defect(s), and up-to-date contact details of the Consumer (mainly the return address and the phone number), as well as the desired/preferred means of handling the claim (repair/replacement/discount request).

5.9 If the Consumer does not choose the desired/preferred means of handling the claim, the Supplier will do so.

5.10 The Supplier shall issue a written document to the Consumer, in which the following shall be included: the date of the claim, the subject and the contents of the claim, and the desired/preferred means of handling the claim. The Supplier shall do so via e-mail immediately after receiving and processing the claim. The e-mail shall also contain the acknowledgement on the Supplier’s part on the date of the claim, the means of handling the claim, the period necessary to handle the claim, or the information about rejecting the claim.

5.11 If the claimed goods is/are replaced, the new warranty period shall apply.

6. Withdrawal from the contract by the consumer (physical person)

6.1 The Consumer has the right to withdraw from the contract, without giving any reason, within 14 days of collecting the ordered goods. The consumer can withdraw from a contract whose subject matter is the delivery of the goods even before the period for withdrawing from the contract commences.

6.2 The ordered goods is/are understood as collected by the Consumer at a time when the Consumer or other authorized third party (excluding the shipping company) collects all parts of the ordered goods, or when: a) the last part of the goods (under a single order that are shipped and delivered separately) is collected, b) the last part of the goods (that are shipped and delivered separately but are parts of a single product item) is collected, c) the first part of the goods (that are shipped and delivered repeatedly within a limited period of time), is collected.

6.3 The Consumer acknowledges that, in compliance with the provision under Article 7 of the Act No. 102/2014 Coll. n Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Business Premises of the Seller a on Amendment and Supplementation to Certain Acts, as amended, the Consumer cannot withdraw from a contract whose subject matter is, among other things, the sale of goods that are subject to specific or individual requirements, including goods made to measure.

6.4. The Consumers can exercise their right of withdrawal from the contract in relation to the Supplier in writing (by sending an e-mail to orders@marcelholubecw.com) or in the form of a record on other durable medium. The Consumer must do so within the period mentioned in the section 6.1 of this Article.

6.5 The Consumer is obliged, within 14 days of withdrawing from the contract, to send the goods back to the Supplier. The period according to the first sentence shall be deemed to be applicable if the goods were handed over for transport no later than on the last day of the period. The Consumer can return only the goods that are not damaged, destroyed or otherwise worn due to handling that exceeds the handling necessary to identify the characteristics and functionality of the goods. The Consumer is liable for any decrease in the value of the goods due to the handling of the goods in a way different to the way necessary to identify the nature, characteristics and functionality of the goods.

6.6. When withdrawing from a contract, the contract is deemed as cancelled in full. In case of withdrawal from the contract, the Consumer bears the costs of the return of the goods to the Supplier. The Consumer can return only undamaged, unimpaired and unworn goods. The goods should be returned in original packaging if circumstances allow for that.

6.7. The Supplier is obliged, without undue delay, within 14 days of the day of the delivery of withdrawal notice, to return to the Consumer any payments that the Supplier has received under or in connection with the contract. The Supplier is obligated to return to the Consumer the above payments in the same way the Consumer paid the payments. This is without prejudice to the Consumer’s right to agree with the Supplier on a different payment method, if no other fees are charged to the Consumer in connection with this. When withdrawing from a contract whose subject matter is the sale of the goods, the Supplier is not obliged to return to the consumer payments before the delivery of the goods to the consumer or until the consumer proves the return of the goods to the Supplier, unless the Supplier proposes that they or a person authorized by them will collect the goods.

6.8. The Consumer acknowledges that if the returned goods are damaged or worn, the Supplier may put forward a financial claim of corresponding value in relation to this.

6.9. The Supplier has the right to withdraw from the contract at any time prior to the point of collecting the goods by the Consumer. In such case, the Supplier is obliged to return the payment to the Consumer in a proper and timely manner.

7. Withdrawal from the contract by the business entities

7.1 The business entity (or a buying entrepreneur), acting as the Order Party, cannot withdraw from the contract, unless otherwise arranged with the Supplier.

8. Further rights and responsibilities of the contractual parties

8.1. The Order Party acknowledges that the internet website content (information, text, video recordings, sound recordings, video-sound recordings and other content prepared or published by the Supplier) and other components of the website interface are protected in compliance with Act No. 185/2015 Coll. Copyright Act. The Supplier exercises all rights related to the author’s work. The Order Party and third parties are entitled to use the internet website content only for their own non-commercial purposes. Any other use, especially further dissemination, copying, publishing and provision to a third party without consent is prohibited. Any other use of the content of the Supplier’s website can result in liability for damage, fulfilment of certain offences or other legal consequence.

9. Final provisions

9.1 Both contractual parties have agreed that in case of any dispute they shall seek settlement first. Legal relations that will arise between the Supplier and the Order Party in connection with the use of the on-line shop and the conclusion of a contractual relationship are governed by the legislation of the Slovak Republic. In case of a dispute, courts of the Slovak Republic will have jurisdiction.

9.2 By placing an order and/or making the payment for the order, the Order Party confirms that they understand and accept these GBTC. 9.3 The conditions for alternative dispute resolution are governed by Act No. 391/2015 Coll. on Alternative Dispute Resolution. Consumers can submit a proposal for the start of alternative dispute resolution to one of the alternative dispute resolution entities. The Ministry of Interior of the Slovak Republic keeps a list of these entities (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1), which also includes the Slovak Trade Inspection (www.soi.sk). Consumers can choose any of these authorities as they seek alternative dispute resolutions. The consumer can also submit a complaint by means of the alternative dispute resolution platform RSO operated by the EU. The complaint can be submitted by filling in an on-line form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Information on fees can be found on the website of a specific entity. In Bratislava, Slovakia As at May 1, 2021