Article 1: Basic provisions
These Terms and Conditions regulate the sale of products between the Seller and the Buyer.
Seller: operator of the online store (e-shop) www.moe.sk: MOE Kids s.r.o., Kadnárova 85, 831 06 Bratislava-Rača, Co. ID: 48 174 319, Tax ID: 2120091556, VAT ID: not VAT payer
Buyer (Purchaser): Any natural or legal person that enters into a business relationship by placing an online order for goods from the Seller´s online store. By sending an order the Buyer agrees to these Terms and Conditions which shall apply to all and any business relationships between the Seller and the Buyer arising from ordering goods and possible complaints.
Article 2: Pricing and product discounts
All product prices listed on the website are final (VAT included). Delivery and shipping costs shall be charged in addition, according to the chosen method of delivery. These additional costs shall be included in the final purchase price.
The Seller reserves the right to make adjustments in prices in legitimate cases. However, the Seller is obliged to inform the Buyer about such changes and give the Buyer the option of re-confirming the order or cancelling it free of charge.
Article 3: Product order
An order is created based on the confirmation of goods added to the shopping basket of the online store. To proceed with the purchase, the Buyer shall fill-in required personal details and select a method of delivery and payment.
By sending the order the Buyer agrees to these Terms and Conditions and the refunds and exchanges policy, as well as the price of goods ordered. The order becomes legally binding upon being delivered to the Seller.
The Buyer will receive an automatically generated e-mail confirming the receipt of the order. Registered buyers may review their order in the section ´My account´.
For advance payments by bank transfer, payments must be received within 10 working days. Otherwise, the Seller reserves the right to cancel the order.
Article 4: Terms of payment
The following methods of payment are accepted in the e-shop:
- Advance payment via bank transfer
Account no. 5072435356 / 0900 (Slovenská sporiteľňa, a.s.)
IBAN: SK8109000000005072435356, BIC: GIBASKBX;
- Payment via PayPal account
Article 5: Terms of delivery
The delivery of goods shall be carried out as follows:
- Via Slovenská pošta (Slovak mail) in form of a registered letter or parcel according to the rates listed below;
- Via personal collection at the address: Kadnárova 85, 831 06 Bratislava-Rača at the time agreed upon by e-mail or phone. Personal collection is free of charge.
Delivery and shipping costs vary according to the place of delivery and are as follows:
- Delivery fee within Slovakia is EUR 3,-
- Shipping to the Czech Republic is EUR 6,-
- International shipping is EUR 10,-
If you wish your goods to be delivered to any other country, please contact us via e-mail firstname.lastname@example.org or via phone (00421/904 250 825 or 00421/907 130 152).
Orders will be processed as soon as possible, on average within 1 to 3 working days, however within 7 working days at the latest. Once the order has been dispatched, the Buyer will be informed via e-mail within 24 hours.
The delivery via Slovenská pošta (Slovak mail) takes about 1 to 3 working days.
Should you not receive a notice of arrival from your post office within 7 days after receiving our e-mail confirming the dispatch of your order, please contact your local post office. Please, send an e-mail to us as well at email@example.com.
The Seller ensures that all and any goods are properly packed and secured. The Buyer is obliged to inspect the goods upon delivery/collection. Do not accept the delivery, if there are visible defects (defective packaging etc.)! All and any discrepancies or defects must be notified without delay. Later complaints concerning defective packaging or quantities shall not be accepted by the Seller.
Upon receiving the payment including the chosen shipping costs, the order shall be sent to the Buyer within 3 working days.
The Seller reserves the right to extend delivery dates in cases of force majeure/unpredictable circumstances. The Buyer shall be informed immediately thereof.
Article 6: Transfer of ownership
The Seller shall retain the legal ownership of the goods until full payment has been made by the Buyer and such payment has been received by the Seller.
For all and any products the statutory warranty period of 24 months applies, starting from the date of delivery/acceptance of the parcel.
Each and every order includes an invoice which shall serve as a certificate of warranty. In case of a missing invoice, please contact us via e-mail firstname.lastname@example.org or via phone (00421/904 250 825 or 00421/907 130 152).
The online store www.moe.sk shall be liable to the Buyer for:
- Charging the price valid at the time of placing the order by the Buyer
- Delivering goods undamaged
- Delivering ordered items in the ordered quantity.
The online store www.moe.sk shall not be liable to the Buyer for:
- Delay of delivery caused by the carrier (post office)
- Delay of delivery caused by an incorrect delivery address
- Damage caused by the carrier (post office)
Article 7: Order cancellation
The Buyer has the right to cancel free of charge an order which has not yet been processed and dispatched. In such a case, please inform us as soon as possible at email@example.com and state the order number. If the payment has already been made, the Seller reserves the right to refund the payment to the Buyer´s card within 10 working days.
If the order has already been dispatched, the cancellation fee in the amount of the return shipping costs shall be borne by the Buyer. In the event of a cancellation of a dispatched order by the Buyer, the Seller reserves the right to charge return shipping costs. Upon delivery of the cancelled order at the Seller´s address, the Seller shall refund the remaining amount to the Buyer. Do not send cancelled goods back via ´cash on delivery´, for such returns shall not be accepted.
The Seller reserves the right to cancel the order made by the Buyer, if an item ordered is out of stock. In such an event, the Buyer shall be informed immediately via phone or e-mail. Unless otherwise agreed, if the whole payment or a part thereof has already been made, the amount shall be refunded to the Buyer´s card that was charged when the payment was made within 10 days.
Article 8: Right of withdrawal without giving any reason
The Buyer has the right to return goods to the Seller within 14 working days from the date of delivery/acceptance of the order according to Act no. 102/2014 of the Collection of Laws of the Slovak Republic on consumer protection for door-to-door and postage sales accorrding to § 7 (Zbierka zakonov o ochrane spotrebiteľa pri podomovom a zásielkovom predaji podľa § 7).
If the Buyer wishes to make use of this right, the Buyer shall contact the Seller via e-mail at firstname.lastname@example.org. The Buyer shall send the goods to the Seller´s address (MOE Kids s.r.o., Kadnárova 85, 831 06 Bratislava-Rača) within the withdrawal period stated above (date of postage shall fall into this period). Returned goods must include all labels and must be in the original and unused condition together with all and any documentation received with it. Furthermore, the Buyer is obliged to print out, fill in and enclose the [Form of Withdrawal], which can be downloaded online. We recommend postage via registered letter or parcel. Please, do not send goods back via ´cash on delivery´, for such goods shall not be accepted.
Upon receipt and examination of returned goods (in accordance with the above stated terms of return) and acknowledgement of the right of withdrawal, the Seller shall reimburse the payment to the Buyer´s card within 20 working days at the latest.
Article 9: Returns and exchanges
These returns and exchanges terms apply to goods bought from the Seller via www.moe.sk and which are in the ownership of the Buyer.
The Buyer shall immediately notify the Seller of all and any defective goods upon discovery by mail at email@example.com. Otherwise, the right to free-of-charge rectification of defects shall not be deemed applicable.
The right to rectification of defects shall not apply in the following cases:
- Defects arising from mechanical damage caused by the Buyer
- Damage resulting from improper manipulation other than stated in the instructions for use
- Failure to notify visible damage upon delivery of goods
- Defects caused by use of the product in conditions not corresponding to its natural environmental conditions such as high humidity, chemical or mechanical influences
- Damage due to negligence of care and lack of maintenance
- Damage arising from use for purposes other than those for which they were manufactured, use not corresponding to general conditions or other breach of the warranty terms.
The warranty does not apply to defects of the product (or parts thereof) caused by normal wear and tear (proper use and washing naturally alter the appearance of the product). The Buyer is obliged to send back the goods together with the invoice and a short notice describing the reason for the return/exchange to the Seller´s address (MOE Kids s.r.o., Kadnárova 85, 831 06 Bratislava-Rača). Do not send goods back via ´cash on delivery´, for such goods shall not be accepted.
The Seller shall inform the Buyer about the acknowledgement of the return/exchange and its handling within 7 working days from the date of receipt of the returned goods. In the event of a legitimate return/exchange the Seller is obliged to handle the return/exchange within 30 days from the date of its receipt. Returned goods shall be exchanged for the same goods or other goods of equivalent value or the amount paid for the goods shall be returned to the Buyer´s card inclusive of return postage charges.
Article 10: The rights and obligations of the parties
The parties to this agreement are the Seller and the Buyer.
The Buyer is obliged to:
- Accept ordered goods;
- Pay the agreed price to the Seller;
- Check the packaging and its contents upon delivery
The Seller is obliged to:
- Deliver goods to the Buyer in the ordered quality, quantity and for the agreed price;
- Send all and any documentation regarding the goods such as invoice or instructions for use together with the goods or as an additional mail.
The Buyer hereby declares to provide his personal data voluntarily for purposes connected to the proper processing of the order. The Seller hereby declares not to share, transfer or otherwise distribute the Buyer´s personal data to third parties, except for the delivery company or as stated in these terms and conditions.
The Seller hereby declares to process provided personal data in accordance with Act no. 122/2013 of the Collection of Laws of the Slovak Republic on the protection of personal data as amended (122/2013 Z.z. o ochrane osobných údajov v znení neskorších predpisov).
Upon the Buyer´s request the Seller is obliged to remove the Buyer´s personal data from the database.
Article 12: Other important information
The Seller is no VAT payer.
Goods listed on the Seller´s website are sold based on sample photographs. Photos (images) of products are for illustrative purposes only. Minor variations between the images and delivered items shall not constitute a reason for cancellation of the agreement by the Buyer, if the Seller delivers ordered goods to the Buyer.
By creating an order on the website of the e-shop the Buyer agrees to take responsiblity for all and any goods bought, not to use or offer these for other purposes than they were manufactured for and to comply with all and any laws and regulations.
By creating an order the Buyer hereby agrees to abide by these Terms and Conditions.
Registration is not mandatory to complete an order.
Article 13: Final provisions
The Seller and the Buyer are obliged to keep confidential all and any information and data obtained in the conclusion of this agreement. This obligation terminates not less than 12 months after expiration of this agreement.
The Seller reserves the right to change or modify these Terms and Conditions at any time without prior notice. In case of changes, the terms and conditions valid at the time of sending the order by the Buyer shall apply.
These Terms and conditions come into force on 30th June 2015.