Terms and Conditions

These General Terms and Conditions ("Terms") regulate the rights and obligations between you, as the buyer, and us, as the seller, within the contractual relationships established through the E-shop on the website www.crayonstables.com.

All information regarding the processing of your personal data is contained in the privacy policy, which you can find here: www.crayonstables.com/privacy-policy/.

As you surely know, we primarily communicate remotely. Therefore, for our Agreement, remote communication means are used, allowing us to agree without the simultaneous physical presence of both us and you.

If any part of the Terms contradicts what we have mutually agreed upon during the purchase process on our E-shop, that specific agreement will take precedence over these Terms.

1. SOME DEFINITIONS

1.1 Price is the financial amount you will pay for the Goods;

1.2 The Shippig Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

1.3 The Total Price is the sum of the Price and the Shipping Price;

1.4 VAT is the value-added tax according to applicable legal regulations;

1.5. The E-shop is the online store operated by us at www.crayonstables.com, where the purchase of Goods takes place;

1.6. The Invoice is the tax document issued in accordance with the VAT Act for the Total Price;

1.7. We or I am an self-employed person Peter Madár, based at 04001, Košice - Vyšné Opátske, Včelárska paseka 1991/1, business identification number: 52763285, VAT identification number: SK1126041785, registered at the District Office Košice, business registry number 820-90740, email info@crayonstables.com, phone number +421 952 161 890, referred to by legal regulations as the seller;

1.8. The Order is your irrevocable proposal to conclude a Purchase Agreement for Goods with us;

1.9. Goods are everything you can purchase on the E-shop;

1.10. The User Accountis the account set up based on the information you provide, allowing the storage of submitted data and the history of ordered Goods and concluded agreements;

1.11. You are the person purchasing on our E-shop, referred to by legal regulations as the buyer;

1.12. The Agreement is the purchase agreement concluded based on a duly completed Order submitted via the E-shop and is concluded when you receive confirmation of the Order from us.

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1 The purchase of Goods is only possible through the web interface of the E-shop.

2.2 When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you provide when ordering Goods will be considered correct and truthful.

3. CONCLUSION OF THE CONTRACT

3.1 The contract with us can be concluded in English or Slovak.

3.2 The contract is concluded remotely through the E-shop, with the communication costs for remote means being covered by you. However, these costs are no different from the basic rate you pay for using these means (especially for internet access), so you should not expect any additional charges from us beyond the Total Price. By submitting the Order, you agree to the use of remote communication means.

3.3 To conclude the contract, you need to create an Order proposal on the E-shop. This proposal must include the following information:

a) Information about the Goods being purchased (on the E-shop, you mark the Goods you wish to purchase by clicking the "To cart" button);

b) Information about the Price, Shipping Price, VAT, payment method for the Total Price, and preferred delivery method for the Goods; these details will be entered during the creation of the Order proposal in the user interface of the E-shop, with information about the Price, Shipping Price, VAT, and Total Price automatically displayed based on the Goods you select and the chosen delivery method;

c) Your identification data necessary for us to deliver the Goods, including full name, delivery address, phone number, and email address.

3.4 During the creation of the Order proposal, you can change and review your details until the Order is submitted. After reviewing, by clicking the "Order with payment obligation" button, you will create the Order. Before clicking this button, you must confirm your acknowledgment and agreement with these Terms, otherwise, the Order cannot be created. The confirmation and agreement are indicated by a checkbox. Once you click the "Order with payment obligation" button, all the information you have entered will be sent directly to us.

3.5 We will confirm your Order as soon as possible after it is received, by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms. The contract between us and you is concluded upon our confirmation of the Order. The Terms in effect at the time of the order form an integral part of the contract.

3.6 There may be cases where we cannot confirm your Order. This usually occurs if the Goods are unavailable or if you order a larger quantity than we are able to fulfill. However, we will always provide you with information about the maximum quantity of Goods available within the E-shop, so this should not come as a surprise. If there is any reason we cannot confirm your Order, we will contact you and send an offer for a modified contract. The contract is concluded when you confirm our offer.

3.7 In the event that a clearly incorrect Price is listed on the E-shop or in the Order proposal, especially due to a technical error, we are not obligated to deliver the Goods at that price, even if you received an Order confirmation and the contract was concluded. In such a case, we will contact you promptly and send you an offer to conclude a new contract based on a corrected price. The new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days from its submission, we have the right to withdraw from the contract. A clear pricing error includes situations where the price does not match the usual price offered by other sellers or where there is a missing or additional digit.

3.8 When the contract is concluded, you are obligated to pay the Total Price.

3.9 If you have a User Account, you can place an Order through it. However, even in this case, you must verify the correctness, truthfulness, and completeness of the pre-filled data. The process of creating an Order remains the same as for a buyer without a User Account, but the advantage is that you do not have to fill in your identification details again.

3.10 In some cases, we allow the use of a discount for the purchase of Goods. To receive the discount, you need to fill in the discount information in the designated field during the creation of the Order proposal. If you do so, the Goods will be provided to you at the discounted price.

4. USER ACCOUNT

4.1 Upon registering within the E-shop, you can access your User Account.

4.2 When registering a User Account, you are obligated to provide accurate and truthful information and to update it in case of any changes.

4.3 Access to the User Account is secured by a username (email) and password. You are responsible for maintaining confidentiality regarding these access credentials and should not share them with anyone. In case of misuse, we bear no responsibility.

4.4 The User Account is personal, and you are not authorized to allow third parties to use it.

4.5 We may cancel your User Account, particularly if it has not been used for more than 5 years or if you violate your obligations under the Contract.

4.6 The User Account may not be available continuously, especially for necessary hardware and software maintenance.

5. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

5.1 The price is always indicated within the E-shop, the Order draft, and the Contract. In case of any discrepancy between the price indicated with the product in the E-shop and the price shown in the Order draft, the price in the Order draft, which will always be identical to the price in the Contract, will apply. The Order draft also includes the shipping price and, if applicable, the conditions under which shipping is free.

5.2 The total price includes VAT and all fees set by special legal regulations.

5.3 We will request payment of the Total Price from you after the Contract is concluded and before the goods are handed over. You can pay the Total Price using the following methods:

a) Online payment via card. In this case, payment is processed through the Shoptet Pay payment gateway, and the payment is subject to the terms of this gateway, available at: https://www.shoptetpay.com/sk/vseobecne-obchodne-podmienky-sluzby-shoptet-pay/. If paying by card online, the Total Price is due within 10 days.

5.4 An invoice will be issued electronically after payment of the Total Price and will be sent to your email address provided in the Order. The invoice will also be available in the User Account, if you have one.

5.5 Ownership of the goods passes to you only after you pay the Total Price and accept the goods. The Total Price is considered paid at the moment the payment is made.

DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE AND DEPRECIATION OF THE PURCHASED GOODS

6.1 The goods will be delivered in the manner you choose, with the following options available:

a) Delivery will be ensured by a courier service in your country with which Packeta cooperates, Slovak Post or DPD.

b) Delivery through our courier service within Košice, Slovakia.

6.2 Goods can be delivered within the EU, UK, UAE, USA, Switzerland, Norway, Australia, Canada and New Zealand.

6.3 We are obligated to deliver the goods promptly, no later than within 30 days from the conclusion of the Contract. There may be circumstances affecting the delivery time of the ordered goods. In case of a change in the delivery date, we will promptly inform you by email and your right to withdraw from the Contract remains unaffected. Our notice of the new delivery date will also include a request for confirmation of whether you still wish to receive the goods on the new delivery date.

6.4 Upon receiving the goods from the courier, you must inspect the packaging for any damage and immediately report any damage to both the courier and us. If the packaging shows signs of unauthorized handling or tampering, you are not obliged to accept the goods.

6.5 You are obligated to accept the goods at the agreed place and time. If you do not accept the goods as agreed, we will inform you by email of where and when you can collect them, or, at your request, we will resend the goods to you within 14 days from when you were originally supposed to accept them, at your expense for the reshipping. If you fail to collect the goods, this does not constitute a withdrawal from the Contract. If the goods are not collected even within the additional period, we reserve the right to withdraw from the Contract due to your breach. The withdrawal will be effective when the notice is delivered to you.

6.6 If the goods are delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your part, you are obligated to reimburse us for the costs associated with the repeated delivery. Payment details for these costs will be sent to your email and are due within 14 days from receipt.

6.7 The risk of damage to the goods transfers to you once you accept them. If you do not accept the goods, the risk of accidental damage or deterioration of the goods passes to you once you had the opportunity to accept them but failed to do so due to your fault. From that moment, you bear all consequences related to the loss, destruction, damage, or any depreciation of the goods.

RIGHTS ARISING FROM LIABILITY FOR DEFECTS

7.1 Introduction to Liability for Defects

7.1.1 We commit to delivering the Goods to you in the required quality, quantity, and free from defects.

7.1.2 We are responsible for defects present in the Goods upon their receipt. In the case of used Goods, we are not responsible for defects caused by use or wear. For Goods sold at a reduced price, we are not responsible for defects for which the reduced price was agreed upon.

7.1.3 The general warranty period is 24 months. The warranty period begins from the moment you take possession of the Goods.

7.1.4 If the Goods are replaced, the warranty period will restart from the moment you receive the new Goods.

7.1.5 Your rights under the liability for defects of the Goods, for which the warranty period applies, will expire if not exercised within the warranty period. However, rights arising from defects in Goods that deteriorate quickly must be exercised no later than the day following the purchase, otherwise, your rights will expire.

7.2 We guarantee that at the time the risk of accidental destruction and deterioration of the Goods transfers to you according to Section 7 of these Terms, the Goods are defect-free, particularly that they:

a) have the properties we agreed upon, and if no specific properties were agreed upon, then those that we described in the Goods' description, or those that could reasonably be expected given the nature of the Goods;

b) are suitable for the purpose we specified or for purposes that are typical for Goods of this type;

c) correspond to the quality or design of the agreed sample if the quality or design was determined by the sample;

d) are in the correct quantity and weight;

e) meet the requirements imposed by special legal regulations;

f) are not encumbered by third-party rights.

7.3 Conditions for Exercising Rights from Liability for Defects (Complaints)

7.3.1 If the Goods are delivered to you in a damaged or defective package, or if the shipment appears significantly lighter than expected, we request that you do not accept such Goods from the delivery company and notify us immediately by phone at +421 952 161 890 or via email at info@crayonstables.com. In the case of obvious defects (e.g., mechanical damage), you are obliged to file a complaint without undue delay as outlined in Section 7.4.1 below. We will not consider complaints filed later for obvious defects in the Goods, including defects that involve incomplete Goods.

7.3.2 If the defect is hidden, you must notify us according to Section 7.4.1 below without undue delay after you discover the defect, but no later than before the expiration of the warranty period.

7.3.3 The warranty only covers manufacturing defects and defects caused by mechanical damage. You cannot claim liability for defects caused by wear, mechanical damage, using the Goods in inappropriate conditions, etc.

7.3.4 You are not entitled to claim liability for defects if you were aware of the defect before receiving the Goods, or if we notified you of it, or if you were given a discount due to this defect.

7.4 Exercising Rights from Liability for Defects (Complaints)

7.4.1 If the Goods have a defect, particularly if any of the conditions under Section 2 are not met, you can notify us of the defect and exercise your rights from liability for defects (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details. You can also use the sample form provided by us, which is attached as Appendix 1 to these Terms.

7.4.2 In your complaint notice, you should primarily describe the defect in the Goods and provide your identification details, including the email address where you wish to receive a response regarding the resolution of the complaint. You should also indicate which of the claims for liability for defects, specified in Sections 7.5.4 to 7.5.8, you are exercising.

7.4.3 When submitting a complaint, you must provide proof of purchase of the Goods (invoice) to prove you purchased them from us; otherwise, we are not obligated to acknowledge your complaint.

7.4.4 The complaint procedure will be considered to have started on the day we receive the defective Goods along with the relevant documents (as outlined in Section 7.4.3). If your complaint submission is incomplete (e.g., illegible, unclear, lacking required documents, etc.), we will request the missing information from you, primarily by email. In such a case, the complaint procedure will begin when we receive your completed submission.

7.4.5 If you do not complete your complaint submission in accordance with Section 7.4.4 without undue delay, no later than 10 days from receiving our request according to Section 7.4.4, we will consider your submission unfounded.

7.5 Handling Complaints

7.5.1 Based on your decision regarding which rights under § 622 and § 623 of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") (specified in sections 7.5.4 to 7.5.8), we will determine the method of handling your complaint immediately, or in complex cases, no later than 3 working days from the date of your complaint submission. In justified cases, particularly if a complex technical evaluation of the product's condition is required, this period may be extended to 30 days from the date of your complaint submission.

7.5.2 After determining the method of handling the complaint, we will handle the complaint immediately. In justified cases, the complaint may be handled later; however, the handling of the complaint may not exceed 30 days from the date of complaint submission. If the complaint is not resolved within the prescribed period, you have the right to withdraw from the contract or request the replacement of the product with a new one if possible.

7.5.3 We are obligated to provide you with a written document regarding the resolution of your complaint no later than 30 days from the date of submission. We will inform you of the resolution via email. If the complaint is accepted, we will send you the repaired product or exchange it for a new one, or refund the paid product price if no other agreement is made.

7.5.4 If the defect is one that can be rectified, you have the right for the defect to be rectified free of charge, promptly, and properly. We will remove the defect without unnecessary delay.

7.5.5 Instead of rectifying the defect, you may request the replacement of the product or, if the defect concerns only a part of the product, the replacement of that part, unless it would cause us disproportionate costs in relation to the price of the product or the seriousness of the defect.

7.5.6 Instead of rectifying the defect, we may always replace the defective product with a flawless one, as long as it does not cause you serious difficulties.

7.5.7 If the defect of the product cannot be rectified and prevents you from using the product properly as a defect-free product, you have the right to request the replacement of the product or to withdraw from the contract. The same rights apply if the defects are rectifiable, but you cannot properly use the product due to the reoccurrence of the defect after repair or due to a greater number of defects.

7.5.8 In the case of other non-removable defects, you have the right to a reasonable discount on the product price.

7.5.9 We will handle the complaint by returning the repaired product, replacing the product, refunding the product price, providing a reasonable discount on the product price, issuing a written request for the collection of the product, or a reasoned rejection of the complaint.

7.6 Application of Rights and Complaints

The rights from the product defects and complaints are governed by § 619 and the following sections of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection, and amendments to Act No. 372/1990 Coll. on Offenses (as amended) (hereinafter referred to as the "Consumer Protection Act"), and Act No. 102/2014 Coll. on Consumer Protection in Distance Selling or Off-Premises Contracts and Amendments to Certain Laws (as amended) (hereinafter referred to as the "Consumer Protection in Distance Selling Act").

7.7 If you are a business entity, you are obligated to notify us and specify the defect without unnecessary delay after you could have detected it, but no later than 3 days from receiving the product.

7.8 If you are a consumer, you have the right to exercise rights related to product defects that occur in consumer goods within 24 months from the date of receiving the product.

7.9 We have properly informed you of your rights under § 622 and § 623 of Act No. 40/1964 Coll. the Civil Code. By entering into the contract, you confirm that you have had the opportunity to read the product complaint conditions.

8. WITHDRAWAL FROM THE CONTRACT

8.1 Withdrawal from the contract, thus terminating the contractual relationship between us from the outset, may occur for the reasons and in the manner specified in this article or any other provisions where the option to withdraw is expressly stated.

8.2 If you are a consumer, i.e., a person purchasing goods outside the scope of their business activity, you have the right to withdraw from the contract without stating a reason within 14 days from the delivery of the goods. If the contract involves multiple goods or the delivery of multiple parts of goods, the 14-day period begins on the day of delivery of the last part. If the contract involves regular and recurring deliveries, the period starts on the day of the first delivery. You may withdraw from the contract by any demonstrable means (e.g., sending an email or letter to our addresses listed in our identification details). You may also use a sample form provided by us, which forms Appendix No. 2.

8.3 The withdrawal period under section 2 of the Terms and Conditions is considered respected if we receive your withdrawal notification within the period.

8.4 If you withdraw from the contract, we will refund the price within 14 days of the effectiveness of your withdrawal, to the account from which the payment was made, or to the account you specify in your withdrawal. The refund will not be made earlier than upon receiving the product back. Please return the product in a clean state, including the original packaging, if possible.

8.5 Upon withdrawal from the contract, you are obliged to return the product to us within 14 days from the withdrawal. The return shipping costs are borne by you unless we agree to collect the product personally or via an agent. The return period is considered respected if the product is handed over to the carrier no later than the last day of the period.

8.6 You are responsible for any damage if the product is damaged due to improper handling, other than what is necessary considering its nature and properties. We will charge you for any damage after the product is returned, and the payment is due within 14 days of the damage assessment.

8.7 We are entitled to withdraw from the contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or made significant changes that prevent us from fulfilling the contract obligations. We must inform you of this without delay and return any paid amount within 14 days of the withdrawal notice.

8.8 We are also entitled to withdraw from the contract if you fail to collect the goods within 5 working days after the obligation to collect arises.

9. SUBMISSION OF SUGGESTIONS AND COMPLAINTS

9.1 As a consumer, you have the right to submit suggestions and complaints in writing, via email at: info@crayonstables.com.

9.2 We will inform you about the evaluation of your suggestion or complaint via email.

9.3 The Slovak Trade Inspection (SOI) is the supervisory authority, located at Vrátna 3, P.O. Box A-35, 040 65 Košice 1, phone numbers: 055/729 07 05, 055/622 76 55.

9.4 If you are dissatisfied with the handling of your suggestion or complaint, you can submit a complaint electronically through the platform available on the website https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi.

10. ALTERNATIVE DISPUTE RESOLUTION WITH CONSUMERS

10.1 You have the right to contact us with a request for redress, via email sent to: info@crayonstables.com, if you are dissatisfied with the way we handled your complaint or if you believe we have violated your rights. If we respond to your request with a refusal or fail to respond within 30 days from the date of submission, you have the right to submit a proposal to initiate alternative dispute resolution to an Alternative Dispute Resolution (ADR) entity (hereinafter referred to as "Entity") according to Act no. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments to Certain Laws, as amended (hereinafter referred to as "The Act on Alternative Dispute Resolution").

10.2 Entities are authorities and authorized legal entities according to § 3 of the Act on Alternative Dispute Resolution, and their list is published on the website of the Ministry of Economy of the Slovak Republic. Link to list of ADR entities.

10.3 You can submit a proposal in the manner specified in § 12 of the Act on Alternative Dispute Resolution.

10.4 You also have the right to initiate out-of-court dispute resolution online via the ODR platform available at ODR Platform, EU Consumers ODR Platform.

11. FINAL PROVISIONS

11.1 All written correspondence with you will be delivered electronically. Our email address is provided in our identification details. We will send correspondence to your email address specified in the Agreement, in your User Account, or through which you have contacted us.

11.2 The Agreement may only be amended based on our written agreement. However, we have the right to change and supplement these Terms and Conditions. This change will not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this change.

11.3 In the case of force majeure or events that cannot be predicted (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not responsible for any damage caused as a result of or in connection with force majeure or unpredictable events. If this situation lasts longer than 10 days, both we and you have the right to withdraw from the Agreement.

11.4 The annex to these Terms and Conditions includes a sample complaint form and a sample withdrawal form from the Agreement.

11.5 The Agreement, including the Terms and Conditions, is archived electronically with us, but it is not accessible to you. However, you will always receive these Terms and Conditions and the confirmation of the Order with a summary of the Order via email, so you will always have access to the Agreement without our assistance. We recommend saving the Order confirmation and Terms and Conditions.

11.6 Our activities are not subject to any codes of conduct according to § 3 (1) (n) of the Consumer Protection Act for Distance Selling.

11.7 These Terms and Conditions take effect on July 15, 2024.

Attachment No. 1 – Complaint Form

Recipient:                 

Complaint Submission 

Attachments:

Date:
Signature:

Attachment No. 2 – Withdrawal Form

I hereby declare that in accordance with Act No. 102/2014 Coll. on Consumer Protection when Selling Goods or Providing Services Based on Distance Contracts or Contracts Concluded Outside the Seller’s Premises and Amending and Supplementing Certain Laws (hereinafter referred to as the “Consumer Protection Act for Distance Selling”), I withdraw from the contract:

Consumer Notice: The seller, according to § 10 (4) of the Consumer Protection Act for Distance Selling, has the right to request compensation from the consumer for any decrease in the value of the goods that occurred due to handling the goods beyond what is necessary to determine their properties and functionality.

Date:
Signature:

PDF:

Attachment No. 1 – Complaint Form

Attachment No. 2 – Withdrawal Form

 Word:

Attachment No. 1 – Complaint Form

Attachment No. 2 – Withdrawal Form