Info-ObchodnePodmienky | JAMEL FASHION

Terms and Conditions

General Terms and Conditions

Basic Provisions

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued by:

Jamel Fashion s.r.o.

Company ID: 36390356

Tax ID: 2020129485

VAT ID: SK2020129485

with head office: Kliňanská Cesta 1222, Námestovo 02901, Slovakia

and with facility at: Kliňanská Cesta 1222, Námestovo 02901, Slovakia

registered in the Commercial Register of the District Court Žilina, Section: Sro, File No. 12051/L

Contact person: Jozef Melek

E-mail: office@jamel-fashion.com

Phone: +421 948 348 034

www.jamel-fashion.com

SOI Inspectorate for the Žilina Region
Predmestská 71
P.O. Box B-89
011 79 Žilina 1
Phone: 041/ 7632 130
Fax: 041/ 7632 139
E-mail: za@soi.sk

(hereinafter referred to as the “seller”)

These Terms and Conditions govern the mutual rights and obligations of the seller and the natural person who concludes a purchase contract either outside the scope of their business activity as a consumer or within their business activity (hereinafter referred to as the “buyer”) through the web interface located on the website available at www.jamel-fashion.com (hereinafter referred to as the “online store”).
The provisions of these Terms and Conditions form an integral part of the purchase contract. Any differing stipulations in the purchase contract shall take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the purchase contract are concluded in the Slovak language.

II.

Information about goods and prices

Information about the goods, including the price of each item and its main characteristics, is provided for each product in the online store catalog. Prices include value-added tax, all related fees, and the cost of returning goods when such goods, by their nature, cannot be returned by ordinary postal means. Prices remain valid as long as they are displayed in the online store. This provision does not exclude the possibility of concluding a purchase contract under individually agreed terms.
All product presentations in the online store catalog are for informational purposes only, and the seller is not obliged to conclude a purchase contract for such goods.
The online store provides information on the costs associated with packaging and delivering the goods.
Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.

III.

Order and conclusion of the purchase contract

The buyer shall bear any costs incurred in using means of distance communication in connection with concluding the purchase contract (internet connection fees, telephone call charges). These costs do not differ from the standard rate.
The buyer may place an order for goods in the following ways:

via their customer account if they have previously registered in the online store,
by completing the order form with or without registration.

When placing an order, the buyer selects the goods, quantity, payment method, and delivery option.
Before submitting the order, the buyer is allowed to check and modify the information entered. The buyer sends the order to the seller by clicking the “Submit Order with Payment Obligation” button. The information provided in the order is considered correct by the seller. A prerequisite for a valid order is the completion of all required fields and the buyer’s confirmation that they have read these Terms and Conditions.
Immediately after submitting the order, the seller sends the buyer a confirmation of receipt to the email address provided. This confirmation does not constitute a contract conclusion. The confirmation includes the seller’s current Terms and Conditions. The purchase contract is concluded only upon acceptance of the order by the seller. Notification of acceptance is sent to the buyer’s email address.
If the seller is unable to fulfill any of the buyer’s requests stated in the order, the seller shall send a modified offer to the buyer’s email address. The modified offer shall be considered a new proposal for a purchase contract and the contract shall be concluded upon the buyer’s confirmation of acceptance sent to the seller’s email address specified in these Terms and Conditions.
All orders accepted by the seller are binding. The buyer may cancel an order until the buyer receives the seller’s confirmation of acceptance. The buyer may cancel the order by phone at the seller’s telephone number or by email to the seller’s address, both of which are specified in these Terms and Conditions.
If an obvious technical error occurs on the part of the seller when indicating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at such an obviously incorrect price, even if the buyer has received an automatic order confirmation under these Terms and Conditions. The seller shall inform the buyer of the error without undue delay and send a revised offer to the buyer’s email address. The revised offer is considered a new proposal for a purchase contract, which is concluded upon the buyer’s confirmation of acceptance sent to the seller’s email address.

IV.

Customer account

Based on the buyer’s registration made in the online store, the buyer can access their customer account. From this account, the buyer can place orders for goods. The buyer may also place orders without registration.
When registering for the customer account and when placing an order, the buyer must provide accurate and truthful information. The buyer is obliged to update any data in their account if changes occur. Information entered by the buyer in the customer account and during ordering is considered correct by the seller.
Access to the customer account is protected by a username and password. The buyer must maintain confidentiality regarding the access information. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use their customer account.
The seller may cancel the user account, particularly if the buyer has not used it for an extended period or if the buyer breaches their obligations under the purchase contract or these Terms and Conditions.
The buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the seller’s hardware and software, or that of third parties.

Payment terms and delivery of goods

The buyer may pay the price of the goods and any costs related to delivery under the purchase contract in the following ways:

by bank transfer to the seller’s account IBAN: SK70 1111 0000 0012 3138 3007, held at UniCreditBank,
by cashless card payment to the seller’s account via the GoPay payment gateway,
cash on delivery upon receipt of the goods,
in cash upon personal collection at the premises.

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes delivery-related costs.
In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
When paying through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
The seller does not require any advance payment or similar charge from the buyer. Payment of the purchase price before shipment of the goods is not considered a deposit.
According to the Act on Sales Records, the seller is obliged to issue a receipt to the buyer. At the same time, the seller must record the received payment online with the tax authority, or in the event of a technical failure, no later than within 48 hours.
The goods are delivered to the buyer:

to the address specified by the buyer in the order
by personal collection at the seller’s premises.

The method of delivery is chosen during the ordering process.
The costs of delivering the goods, depending on the method of shipment and receipt, are stated in the buyer’s order and confirmed by the seller. If the method of transport is arranged at the buyer’s special request, the buyer bears the risk and any additional costs associated with this method of delivery.
If the seller is obliged under the purchase contract to deliver the goods to the address specified by the buyer, the buyer must accept the goods upon delivery. If, for reasons attributable to the buyer, it becomes necessary to deliver the goods repeatedly or by a method other than that stated in the order, the buyer shall bear the costs of repeated or alternative delivery.
Upon receiving the goods from the carrier, the buyer must check that the packaging is intact and immediately report any defects to the carrier. If the packaging appears to have been tampered with, the buyer is not obliged to accept the shipment.
The seller shall issue a tax document – an invoice – to the buyer. The invoice is sent to the buyer’s email address.
The buyer acquires ownership of the goods upon payment of the full purchase price, including delivery costs, but not before receiving the goods. The risk of accidental loss, damage, or destruction of the goods passes to the buyer at the moment of receipt or at the time the buyer was obliged to take delivery but failed to do so in breach of the purchase contract.

VI.

Withdrawal from the Contract

A buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract without giving any reason.
The withdrawal period is 14 days

from the day of receipt of the goods,
from the day of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts,
from the day of receipt of the first delivery of goods, if the contract concerns regular recurring delivery of goods.

The buyer may not withdraw from the purchase contract in the following cases:

for the provision of services, if the service has been fully performed with the buyer’s prior express consent before the withdrawal period has expired and the seller has informed the buyer prior to contract conclusion that there is no right of withdrawal in such a case,
for the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller’s control that may occur during the withdrawal period,
for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, which can be delivered only after thirty days and whose price depends on market fluctuations beyond the seller’s control,
for the delivery of goods that have been customized according to the buyer’s wishes or made to order or intended specifically for one buyer,
for the supply of goods that are perishable or goods that have been irreversibly mixed with other goods after delivery,
for the supply of goods in sealed packaging that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery,
for the supply of audio, video, audiovisual recordings, books, or computer software sold in sealed packaging, if the buyer has unsealed such packaging,
for the supply of newspapers, periodicals, or magazines, except for subscription contracts, and for the sale of books not supplied in sealed packaging,
for the supply of digital content not supplied on a tangible medium, if its provision has begun with the buyer’s express consent and the buyer has acknowledged that they thereby lose their right of withdrawal,
in other cases specified in Section 7(6) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance or Off-Premises Contract, as amended.

To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal notice to the seller’s email or postal address specified in these Terms and Conditions. The seller shall confirm receipt of the form to the buyer without delay.
The buyer who has withdrawn from the contract must return the goods to the seller within 14 days of withdrawal. The buyer bears the costs of returning the goods to the seller, even if, due to the nature of the goods, they cannot be returned by ordinary postal means.
If the buyer withdraws from the contract, the seller shall, without undue delay and no later than 14 days after withdrawal, refund all payments received, including delivery costs, using the same payment method. The seller may use another method of refund only with the buyer’s consent and if it does not incur additional costs for the buyer.
If the buyer has chosen a delivery method other than the cheapest standard option offered by the seller, the seller shall refund delivery costs equal to the amount of the cheapest offered delivery method.
If the buyer withdraws from the purchase contract, the seller is not obliged to refund any payments before receiving the goods or before the buyer provides proof of having sent them back.
The buyer must return the goods undamaged, unused, and clean, and if possible, in their original packaging. The seller is entitled to offset any claim for damage to the goods against the buyer’s claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or supply. The seller shall immediately inform the buyer via the email address provided in the order and refund all payments received, including delivery costs, within 14 days of notifying the buyer of the withdrawal, using the same payment method unless otherwise agreed with the buyer.

VII.

Rights from Defective Performance

The seller is liable to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took possession of the goods:

has the properties agreed upon by the parties, or, if no agreement was made, has such properties as the seller or manufacturer described, or that the buyer could reasonably expect given the nature of the goods and the advertising carried out by the seller,
the goods are suitable for the purpose stated by the seller or for which goods of this type are usually used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to such a sample or model,
the goods are in the agreed quantity or weight, and
the goods comply with the requirements of applicable legal regulations.

If a defect appears within six months of the buyer’s receipt of the goods, it shall be presumed that the goods were defective at the time of receipt. The buyer is entitled to exercise rights arising from defects that occur in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for defects corresponding to the level of use or wear that the goods had when received by the buyer, or where this results from the nature of the goods.
In the event of a defect, the buyer may file a complaint with the seller and request:

if the defect can be remedied:
free repair of the goods,
replacement of the goods with new goods,
if the defect cannot be remedied:
a reasonable discount on the purchase price,
withdrawal from the contract.

The buyer has the right to withdraw from the contract

if the goods have a defect that cannot be remedied and that prevents proper use of the goods as goods without defects,
if the goods cannot be properly used due to repeated occurrence of a defect or defects after repair,
if the goods cannot be properly used due to a large number of defects.

The seller is obliged to accept a complaint at any business premises where such acceptance is possible or at the seller’s place of business. The consumer may also submit a complaint to a person authorized by the seller. If the complaint is handled by an authorized person, it can only be resolved by providing repaired goods; otherwise, it must be forwarded to the seller. The seller is required to provide the buyer with written confirmation indicating when the complaint was filed, what it concerns, and the buyer’s requested method of resolution, as well as confirmation of how and when the complaint was resolved, including details of any repairs carried out and their duration, or a written justification for rejecting the complaint.
When a consumer submits a complaint, the seller or an authorized employee or representative must inform the consumer of their rights arising from defective performance. Based on the consumer’s choice of right to exercise, the seller or the authorized person must determine the method of handling the complaint immediately, or in complex cases no later than three working days from the date of submission, and in justified cases, especially those requiring a complex technical assessment of the goods, no later than 30 days from the date of submission. The complaint, including the removal of the defect, must be resolved immediately once the method is determined; however, the resolution must not exceed 30 days from submission. Failure to meet this deadline constitutes a material breach of contract, entitling the buyer to withdraw from the purchase contract or request replacement of the goods with new ones. The complaint is considered submitted at the moment the buyer notifies the seller of the defect.
The seller shall inform the buyer in writing of the outcome of the complaint no later than 30 days after the complaint was submitted.
The buyer is not entitled to rights arising from defective performance if the buyer knew of the defect before taking delivery of the goods, or if the buyer caused the defect themselves.
In the event of a justified complaint, the buyer is entitled to reimbursement of reasonable expenses incurred in connection with making the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
The choice of complaint method and its resolution, if there are several options, belongs to the buyer.
The rights and obligations of the contracting parties concerning defective performance are governed by Sections 499 to 510, 596 to 600, and 619 to 627 of Act No. 40/1964 Coll., the Civil Code, as amended, and by Act No. 250/2007 Coll. on Consumer Protection, as amended.
Additional rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s complaint policy.

VIII.

Delivery of Correspondence

The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer shall send correspondence to the seller at the email address specified in these Terms and Conditions. The seller shall send correspondence to the buyer at the email address specified in the buyer’s customer account or in the order.

IX.

Out-of-Court Dispute Resolution

The consumer has the right to contact the seller with a request for remedy if they are not satisfied with the way the seller handled their complaint, or if they believe the seller has violated their rights. The consumer has the right to submit a proposal for the initiation of alternative (out-of-court) dispute resolution to an ADR entity if the seller has not responded to the consumer’s request within 30 days or has rejected it. This does not affect the consumer’s right to take the matter to court.
The Slovak Trade Inspection Authority (Slovenská obchodná inšpekcia), with its registered office at Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, ID No.: 17 331 927, is the competent authority for alternative dispute resolution concerning consumer disputes arising from a purchase contract. It may be contacted for this purpose at the address of its headquarters or electronically at ars ars@soi.sk or @soi.sk. Website: https://www.soi.sk/. The Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr can also be used to resolve disputes between sellers and buyers arising from purchase contracts.
The European Consumer Centre Slovakia, located at Mlynské nivy 44/a, 827 15 Bratislava, website: http://esc-sr.sk/ , is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.
The seller is authorized to sell goods based on a trade license. Supervision of trade activities is carried out by the competent District Office, Department of Trade Licensing. The Slovak Trade Inspection Authority also supervises compliance with Act No. 250/2007 Coll. on Consumer Protection, as amended.

Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the contractual relationship established by the purchase contract contains an international element, the parties agree that their relationship shall be governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Act No. 250/2007 Coll. on Consumer Protection, as amended.
All rights to the seller’s website, particularly copyright to its content, including layout, photographs, videos, graphics, trademarks, logos, and other elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the seller’s consent.
The seller is not responsible for errors resulting from interference by third parties in the online store or from its use contrary to its intended purpose. The buyer must not use methods that could adversely affect the operation of the online store, nor engage in any activity that could allow the buyer or third parties to unlawfully interfere with or use the software or other components of the online store.
The purchase contract, including these Terms and Conditions, is archived by the seller in electronic form and is not publicly accessible.
The seller may amend or supplement these Terms and Conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms and Conditions.
An appendix to these Terms and Conditions is a model withdrawal form.

These Terms and Conditions shall take effect on 1 February 2020.