General terms and conditions
General terms and conditions
1. Introductory provisions
1.1 These general terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the rights and obligations between Randspot s. r. o., with its registered office at Andreja Žarnova 8089/13A, 917 02 Trnava, Company ID: 50463543, Tax ID: 2120332786, VAT ID: SK2120332786, registered in the Commercial Register of the District Court Trnava, section: Sro, file no.: 38240/T, e-mail: ahoj@bonbonfashion.sk, telephone: +421 905 014 295 (hereinafter referred to as the "Operator") and the customer (hereinafter referred to as the "Customer"), arising from a purchase contract, the subject of which is goods and/or services offered through the Operator's online store on the website www.bonbonfashion.sk (hereinafter referred to as the "Contract").
1.2 Based on the concluded Contract, the Operator undertakes to deliver the Goods and/or Service to the Customer in accordance with the conditions set out in these Terms and Conditions, while the Customer undertakes to accept the delivered Goods and/or Service and pay the agreed price. The Contracting Parties are obliged to provide each other with the necessary cooperation for the purpose of proper and timely fulfillment of their obligations arising from the Contract and these Terms and Conditions.
1.3 These Terms and Conditions form an integral part of the Agreement concluded between the Operator and the Customer and are binding on both parties.
2. Definition of terms
2.1 Capitalized terms have the following meanings in these Terms and Conditions:
Operator's bank account means a bank account established by the Operator to receive Non-cash Payments from Customers for Goods and Services at Tatra banka, as, IBAN: SK0711000000002942027062 , SWIFT: TATRSKBX.
Non-cash payment has the meaning set out in paragraph 7.3 of these Terms and Conditions. Non-cash payment may be made as (i) an online payment by debit or credit card via the bank's internet interface (debit and credit card payments will be charged in real time), or (ii) a payment by bank transfer in advance to the Operator's Bank Account.
Price has the meaning set out in Article 6 of these Terms and Conditions.
Price List means information about the Price of Goods and Services set by the Operator, which are displayed in the Online Store on the Website individually for each offered Goods and Services.
Online store means a computer system (e-shop) located on a Website on the Internet, which enables ordering and purchasing Goods and Services with public access.
Delivery Service means an entity providing delivery of the Goods at the Customer's choice, namely either (i) a company Slovak Post , as, with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica 1, Company ID: 36 631 124, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sa, File No. 803/S (hereinafter referred to as the "Post"), which provides services pursuant to Act No. 324/2011 Coll. on Postal Services and on Amendments and Supplements to Certain Acts, or (ii) a company Packeta Slovakia sro , with its registered office at Kopčianska 3338/82A, 851 01 Bratislava - Petržalka district, Slovak Republic, Company ID: 48 136 999, a company registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No. 105158/B (hereinafter referred to as "Packeta") or (iii) another company specializing in domestic or international shipment transport, with which the Operator has concluded a contract, the subject of which is mainly the transport and delivery of the Goods to the Customer.
Withdrawal Period has the meaning set out in paragraph 10.1 of these Terms and Conditions.
Civil Code means Act No. 40/1964 Coll. Civil Code, as amended.
The Order represents a binding proposal to conclude a Contract (offer) within the meaning of Section 43a of the Civil Code made by the Customer to the Operator and has the meaning set out in Section 4.5 of these Terms and Conditions.
Terms and Conditions mean these general terms and conditions of the Operator.
Personal collection means personal collection of the Goods, mainly in Trnava, the Šatkaňa store, at the company's registered office or at another location agreed with the customer.
Showroom means a space in which the Operator can display products, at the company's registered office address: Andreja Žarnova 8089/13A, 917 02 Trnava or at the Šatkaňa facility: Jeruzalemská 18, Trnava.
Operator has the meaning set out in paragraph 1.1 of these Terms and Conditions.
Complaint has the meaning set out in paragraph 9.5 of these Terms and Conditions.
Goods means all available goods and services published in the Online Store on the Operator's Website, i.e. in particular T-shirts, tank tops, nursing dresses, offered, tailor-made, offered by the Operator for sale to the Customer.
Website means the Operator's website located at the internet address https://bonbonfashion.sk/, on which the Operator's online store is also located.
Customer has the meaning set out in paragraph 1.1 of these Terms and Conditions. Customer is a consumer, i.e. a natural person who, unlike the Operator, is not acting within the scope of his or her trade or other business activity when concluding and performing the Contract.
Customer Line means the telephone line and e-mail address specified in the Contact Details section on the Operator's Website and in Section 1.1 of these Terms and Conditions.
The Consumer Protection Act means Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.
The Electronic Commerce Act means Act No. 22/2004 Coll. on Electronic Commerce and amending Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and amending and supplementing certain acts as amended by Act No. 284/2002 Coll.
Warranty has the meaning set forth in Section 9.2 of these Terms and Conditions.
The Act on Alternative Dispute Resolution means Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments to Certain Acts.
Contract has the meaning set forth in Section 1.1 of these Terms and Conditions.
Contracting Parties means the Operator and the Customer.
2.2 The interpretation of these Terms and Conditions is governed by the following rules:
(i) References to articles and paragraphs shall be construed as references to the relevant articles and paragraphs of these Terms and Conditions.
(ii) References to a legal regulation or relevant legal regulation shall be construed as references to laws, government regulations, ministerial decrees or other generally binding normative legal acts.
(iii) References to days are references to calendar days unless otherwise stated in the Terms and Conditions.
(iv) The terms “in particular” or “including” in these Terms and Conditions mean “in particular, but not exclusively” (whether or not this wording is expressly stated) and shall not be construed as limiting the options solely to the items specified in the calculation.
(v) Terms defined in these Terms and Conditions in the plural have the same meaning in the singular and vice versa.
(vi) Headings in these Terms and Conditions are used for clarity and ease of reference only and do not affect the interpretation of these Terms and Conditions.
3. Products and services
3.1 The Operator offers the following Goods to Customers in the Online Store: tank tops, T-shirts, dresses, leggings, bodysuits, scarves and, in particular, Services: tailoring.
3.2 The Operator is obliged to truthfully and completely inform the Customer about the properties of the Goods, the country of origin, the material used to produce the Goods, the maintenance of the Goods and any danger arising from its improper use or maintenance, or other information required by applicable law.
3.3 The Customer has the option to order Goods from the Operator via the Website. The Customer searches for the preferred Goods using the available filters (type of Goods, color, material, method of wearing).
3.4 All photographs, images, video recordings and audio-visual recordings displayed on the Operator's Website are illustrative. The offered Goods are displayed as faithfully and in detail as possible, however, we would like to point out that the delivered Goods may differ in color or shade (the colors on the Website are real, but may vary slightly depending on the settings of the Customer's device on which the Goods are viewed, and the Goods may also differ slightly in the details of the design). The photographs, images, video recordings, audio-visual recordings, presentations, logos and registered trademarks of the Operator and other graphic designs found on the Website belong exclusively to the Operator and are protected by copyright or other intellectual property rights. Neither the Customer nor any third parties are entitled to further dispose of them in any way, distribute them, process them or use them without the prior consent of the Operator.
4. PURCHASE OF GOODS, SERVICES AND CONCLUSION OF THE CONTRACT
4.1 By placing an electronic Order, the Customer may purchase the selected Goods from the Operator alone or together with the selected Service. The Customer places an Order by properly completing and sending the order form available on the Website. The condition for making a purchase on the Website is the existence of an active e-mail address of the Customer. The Customer agrees to the use of means of distance communication when concluding the Agreement. The costs incurred by the Customer when using means of distance communication in connection with concluding the Agreement or its performance (e.g. costs of an Internet connection or costs of telephone calls) are paid by the Customer himself, while the costs of telephone calls do not differ from the standard rate.
4.2 The Customer may place Orders in the Online Store without registering their own user account (so-called purchase without registration) or with registering their own user account (so-called purchase with registration). Registration may be available additionally, after the launch of the Online Store.
4.3 When purchasing in the Online Store (whether as a registered or unregistered user), the Customer places the selected Goods and Services into the basket by clicking on the "Add to basket" field. After completing the selection and clicking on the "Cart" item in the upper right corner, the Customer will be shown a list of all selected Goods and Services and their total Price. The Customer can then edit the list of products in the basket. After finalizing it, the Customer will proceed to the Order of Goods by clicking on the "Payment" item.
4.4 When placing an Order, the Customer is obliged to correctly and truthfully provide all required information, in particular:
(i) name, surname, email address and telephone number;
(ii) the billing address (if different from the delivery address for the Goods) indicating the street name and number, postal code and city, country/region of delivery;
(iii) the address for delivery of the Goods (if different from the billing address) indicating the street name and number, postal code, city, country/region of delivery;
(iv) the method of delivery of the Goods and the method of payment for the Goods;
(v) any special requirements in the Order note (e.g. for delivery of Goods).
4.5 The Order is a binding proposal by the Customer to conclude a Contract with the Operator (an offer within the meaning of Section 43a of the Civil Code).
4.6 Before submitting the Order via the Operator's Website, the Customer has the opportunity to check and change the data entered in the Order and the choices made when creating the Order. The Customer sends the Order to the Operator by clicking on the "Order with payment obligation" field.
4.7 Before submitting the Order, the Customer is obliged to confirm that he has read the entire content of these Terms and Conditions and that he agrees with all the provisions of these Terms and Conditions. The Terms and Conditions in the version valid and effective at the time of conclusion of the Agreement will be sent to the Customer as an attachment to the Order confirmation to the e-mail address provided by him.
4.8 The Operator shall immediately confirm the delivery of the Order to the Customer after delivery of the Order, by means of an e-mail message sent to the Customer's e-mail address specified in the Order. The Order Confirmation shall contain in particular:
(i) information about the receipt of the Order by the Operator,
(ii) the number and date of the Order;
(iii) a summary of the Customer's Order including the following data: type of Goods ordered, number of Goods, Price of Goods, discount applied (if applicable), costs of delivering the Goods, VAT (if applicable), method of delivery of the Goods, method of payment for the Goods, total price of the Goods including all costs and applicable tax, delivery address and billing address (if different from the delivery address), and contact details of the Customer,
(iv) an electronic invoice for the sale of the Goods,
(v) the text of these Terms and Conditions in PDF.
4.9 The contract between the Customer and the Operator is concluded at the moment when the Customer receives the receipt (acceptance) of the Order from the Operator. Silence or inaction of the Operator does not in itself mean receipt (acceptance) of the Order. The contract is concluded exclusively in the Slovak language.
4.10 If the Operator fails to deliver the Order confirmation in the manner specified in paragraph 4.9 of these Terms and Conditions (e.g. due to an incorrectly or incompletely entered e-mail address by the Customer in the Order) and the Operator fails to contact the Customer in any other way with a request to modify or supplement the data, the Operator is entitled to cancel (revoke) the Order. The Operator shall inform the Customer of such cancellation of the Order (if possible). The Price paid for the Goods/Goods will be refunded to the Customer in the manner specified in paragraph 4.13 of the Terms and Conditions. The Customer also acknowledges that if, within 72 hours of sending the Order, he does not receive an Order confirmation at the specified e-mail address (and the Order confirmation is not in the spam folder), the Operator recommends that he contact the Customer Service Line or contact the Operator by e-mail, where he will be provided with information on further procedures regarding the confirmation/cancellation of the Order.
4.11 The Customer will receive an electronic invoice containing the basic details of the Contract as an attachment to the Order confirmation to the specified e-mail address.
4.12 The Operator shall continuously inform the Customer about the status of the Order by sending an email message, in particular a message about the receipt of payment for the Price of the Goods and a message about the completion of the Order (the Goods are packaged and waiting to be picked up by the carrier or personally picked up by the Customer at the Establishment).
4.13 The Customer acknowledges that the Operator is entitled to withdraw from the Contract if:
(i) The Customer has provided incorrect and/or incomplete data in the Order, due to which it is impossible for the Operator to process the Order and send the Goods to the Customer, and the Customer does not correct and/or supplement the incorrect and/or incomplete data within 5 working days after being requested by the Operator to supplement and/or correct them;
(ii) the Operator failed to authorize payment of the Price for the Goods/Service;
(iii) The Price of the Goods and Services was not paid properly and on time, i.e. credited to the Operator's Bank Account within 8 business days of receiving the data for payment of the Price of the Goods/Services from the Operator after the Customer chose Non-cash payment by bank transfer to the Bank Account in advance as the method of payment of the Price;
(iv) the Goods/Service become unavailable between the conclusion of the Contract and the delivery of the Goods/Service to the Customer (e.g. due to the fact that the Goods have ceased to be supplied or manufactured, or if stock has run out, despite the fact that the Goods/Service were displayed as available on the Website at the time of placing the Order) or if the Operator, despite making every effort, fails to secure and deliver the Goods/Service according to the Order to the Customer within the required period (for reasons on the part of the manufacturer or importer);
(v) the Operator is prevented from delivering the Goods/Services by extraordinary circumstances or obstacles on the part of the Operator that occur independently of its will, cannot be foreseen at the time of conclusion of the Contract and are not the fault of the Operator (force majeure), in particular a lack of energy or raw materials, strike, lockout, war, mobilization, uprising, state of emergency, extraordinary situation and changes thereto, official measure, or delay or failure of subcontractors, but also epidemics, pandemics, etc.
(vi) an error occurred when displaying data on the Online Store, mainly due to technical reasons, typing errors, e.g. data update failure.
The Operator is obliged to inform the Customer of this fact without undue delay via the e-mail message specified in the Order. In the event that at the time of withdrawal the price of the Goods/Service has already been paid by the Customer, the Price of the Goods/Service, including the costs of delivery of the Goods/Service, will be refunded to the Customer within 14 days of withdrawal from the Contract to the Customer's bank account from which the Operator received payment of the Price of the Goods/Service.
5. CUSTOMER REGISTRATION
5.1 In order to simplify the purchase of Goods on the Operator's Website, the Operator will soon allow the Customer to register their own user account on the Website.
5.2 To register a user account, the Customer, after entering the billing address (or delivery address, if different from the billing address) on the Website in the Checkout section, checks the appropriate box, so-called "Create account", indicating that he is interested in creating an account and chooses a password to log in to the user account.
5.3 By registering a user account, the Customer will obtain simpler conditions for purchasing the Goods, as he can save the address for delivery of the Goods and his contact details in the account, which will be automatically filled in during the Customer's next Order.
6. PRICE OF PRODUCTS
6.1 Prices are listed for each item of Goods in the Operator's e-shop. They are valid at the time of delivery of the Order to the Operator.
6.2 All Prices of Goods/Services published on the Website also include the costs of packaging the Goods before their dispatch and the relevant tax applicable to the Goods and the Operator in accordance with applicable law. The Operator is a VAT payer, therefore VAT is also added to the Price at the currently valid rate in accordance with applicable legal regulations.
6.3 The price of the Goods/Services does not include the costs of delivering the Goods to the Customer. The costs of delivering the Goods are listed on the Website in the section: https://lubive.sk/moznosti-dopravy-a-platby/, as well as published in the options for choosing the method of delivery of the Goods before completing the Order. The total price of the Order, including the costs of delivering the Goods, will be notified to the Customer before sending the Order and also in the message confirming receipt of the Order of the Goods.
6.4 The Operator reserves the right to change the Prices of Goods/Services in the Online Store, to introduce new Goods/Services for sale, to announce, change and revoke discounts on Goods/Services, or other promotions related to Goods/Services. The Customer acknowledges that the changes specified in the previous sentence do not affect the Customer's rights from an already sent Order and/or concluded Contract. Updating the Prices of Goods/Services simultaneously invalidates the previous Prices.
6.5 The Operator may, at its own discretion, provide a discount on the Price, a promotional price, a preferential offer, or a promo code for the Goods/Services. Current discounts, promotions and preferential offers for the Goods/Services will be listed on the Operator's Website and will be clearly marked with the symbol "promotion" or "discount". The duration of the discount, promotion and preferential offer for the Goods will in each case be separately specified by the Operator. With each reduction in the price of the Goods/Services, the Operator is obliged to indicate the previous price of the Goods, i.e. the lowest price at which the Operator sold the Goods/Services in the period of 30 days prior to the price reduction, or from the start of sales of the Goods/Services if the Operator sold the Goods/Services in question in the period of less than 30 days prior to the price reduction. When gradually reducing the price of the Goods/Services, the Operator is obliged to indicate as the previous price of the Goods/Services the original price before the first reduction in the price of the Goods/Services, regardless of the time of sale of the Goods/Services.
PAYMENT TERMS
7.1 The Customer is obliged to pay the Operator the Price for the Goods/Services in one of the following ways:
(i) Payment on delivery in cash or via a payment terminal upon delivery of the Goods by the Courier (if the Courier provides the option of payment via a payment terminal), or at a selected Post Office branch or selected Packet delivery point;
(ii) Cashless payment online by credit or debit card via the bank's online interface;
(iii) Cashless payment by bank transfer in advance to the Operator's Bank Account.
7.2 When paying on delivery in cash or via a payment terminal upon delivery of the Goods, the Customer is obliged to pay the Price of the Goods to the Courier from whom the Customer received the Goods, or at the selected Post or Packet branch (if such Payment in cash or via a payment terminal is allowed). Payment in cash or via a payment terminal is considered to have been made at the moment the Customer receives confirmation of the payment.
7.3 In the case of Non-Cash Payment, the Customer is obliged to pay the Price to the Operator in advance, namely (i) via a bank credit or debit card immediately or (ii) by bank transfer to the Operator's Bank Account immediately after receiving the Operator's e-mail message with the information necessary to make the payment, but no later than 5 business days from its receipt. In the case of Non-Cash Payment, the Price for the Goods/Service is paid at the moment when the relevant amount of the Price is credited to the Operator's Bank Account.
7.4 If the Customer has paid the Price of the Goods/Services and the Customer is entitled to a refund of the paid Price of the Goods/Services, whether as a result of cancellation (cancellation) of the Order, withdrawal from the Contract or a positively resolved Complaint by the Operator, the Price will be refunded to the Customer within 14 days. If the Price was paid by Non-cash Payment, the Price will be refunded to the Customer in the same way, i.e. through the Customer's bank to his bank account from which he paid the Price to the Operator. If the Customer has paid the Price of the Goods/Services in cash, it will be refunded to the bank account that the Customer notifies the Operator in writing, either in the withdrawal form or as part of the complaint procedure.
8. DELIVERY
8.1 Goods purchased on www.bonbonfashion.sk are delivered by the Operator mainly in the Slovak Republic, but also abroad. The service is delivered to the customer in a form other than physical transport.
8.2 The Operator undertakes to deliver the Goods to the Customer at the location specified by the Customer in the Contract. The Operator allows the Customer to choose one of the following delivery methods:
(i) Personal collection at the Operator's Showroom;
(ii) Delivery by Post Courier;
(iii) Delivery of Packets by Courier;
(iv) Pick-up at selected Packety/Z-box collection point
8.3 The Customer will be informed directly by the Delivery Service about the delivery of the Goods to the Customer, i.e. the Post Office or Packet will inform the Customer about the delivery of the shipment by sending an e-mail message to the Customer's e-mail address specified in the Order.
8.4 The Operator shall deliver the Goods to the Customer as soon as possible. The Customer acknowledges that the delivery periods for the Goods specified by the Operator are indicative. The maximum delivery period for the Goods is 30 days from the conclusion of the Contract (i.e. from the day on which the Customer receives the receipt-acceptance of his Order from the Operator). However, in the case of Non-cash Payment, the delivery period begins to run only after the Price for the Goods, including delivery costs, has been credited to the Operator's Bank Account in full. If the Operator is unable to meet the deadline, it will agree with the Customer on an alternative period and amend the Order, or cancel the Order.
8.5 The Customer is obliged to take over the Goods at the place of delivery under the Contract, either himself or through a third party designated by the Customer. The Customer or a third party designated by the Customer is obliged to confirm the takeover of the Goods in writing to the Courier, or at the Packet collection point, Post Office branch, or at the Operator upon request. In the event that, for reasons on the Customer's part, it is necessary to repeatedly deliver the Goods to the place of delivery or to deliver them to another place, or in a manner other than that specified in the Order, the Customer undertakes to pay the Operator the costs associated with repeated delivery, or. with delivery to another place or in a manner other than that specified in the Order.
8.6 The Goods are deemed to have been received by the Customer at the moment when the Customer or a third party designated by the Customer (with the exception of the carrier) receives the Goods.
8.7 The Customer is aware that the delivery of Goods by the Post or Packet Courier is subject to the terms and conditions of the Post or Packet. In the event that the Post or Packet successfully claims compensation for damages or payment of extra fees against the Operator due to failure to comply with these Terms and Conditions, and this damage or the reason for payment of extra fees was caused by the Customer's conscious actions (e.g. causing the shipment to be undeliverable), the Operator is entitled to claim compensation for the paid compensation for damages or extra fees from the Customer.
8.8 Ownership of the Goods shall pass to the Customer upon full payment of the Price of the Goods at the moment of receipt of the Goods by the Customer or a third party authorized by the Customer. The risk of damage to the Goods shall pass to the Customer at the moment of receipt of the Goods by the Customer or a third party authorized by the Customer.
8.9 The Operator shall deliver to the Customer, together with the Goods, all documents (in electronic form) relating to the Goods that are necessary for their acceptance and use or that arise from applicable law, including the invoice and the form for returning the Goods and withdrawing from the Contract, which also forms Annex No. 1 to these Terms and Conditions.
9. COMPLAINTS - RIGHTS FROM DEFECTIVE PERFORMANCE
9.1 The rights and obligations of the Contracting Parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of the Civil Code on consumer purchase contracts. The Operator has adopted this Complaints Procedure for handling Complaints and resolving defects in the Goods.
9.2 The Goods are provided with a statutory warranty period of 24 months, which begins on the day following the date of delivery of the Goods to the Customer. The Operator is liable to the Customer for defects that the Goods have when they are taken over by the Customer. If the defect becomes apparent before the expiry of the warranty period, it is assumed that it is a defect that the Goods already had at the time of delivery. This does not apply if the contrary is proven or if this assumption is incompatible with the nature of the item or defect.
9.3 When receiving the Goods from the carrier, the Customer is obliged to properly and carefully check the condition of the shipment and inspect the Goods (in particular, check the completeness of the Goods, their integrity or damage).
9.4 The Customer is obliged to notify the Operator of any obvious defect in the Goods without undue delay after it could have been discovered with due diligence. The Customer is obliged to notify the Operator of any hidden defects in the Goods and defects that occur after receipt of the Goods within the warranty period without undue delay after it could have been discovered with due diligence, but no later than 24 months from the date of receipt of the Goods.
9.5 The Customer is obliged to notify the complaint (notification of a defect in the Goods, incomplete shipment or damage to the Goods) by e-mail to the e-mail address: ahoj@bonbonfashion.sk, in which:
(i) describe in detail the claimed Goods, in particular the name of the Goods and the defect in the Goods or the shipment containing the Goods;
(ii) indicate the Order number and/or invoice number;
(iii) provide their contact details;
(iv) may attach evidence proving the defect of the Goods (e.g. photographic documentation, if possible) (hereinafter referred to as the “Claim”).
9.6 The Customer is obliged to send the claimed Goods to the address and in the manner specified at the end of the provisions on claims, in point 9.17. It is possible to hand over the claimed Goods in person at the Showroom and send the invoice to e-mail. The Operator is not liable for any damage caused by third parties used by the Customer to deliver the claimed Goods to the Operator.
9.7 The Operator shall immediately issue a written confirmation to the Customer upon receipt of the Complaint, which shall be sent to the Customer by e-mail upon receipt of the claimed Goods or shall be sent by e-mail to the same e-mail address from which the Complaint was sent. The Operator shall state in the confirmation of the defect notice the period within which the defect shall be removed. The period may not be longer than 30 days from the date of the defect notice, unless a longer period is justified by an objective reason that the Operator cannot influence. If the receipt of the claimed Goods by the Operator occurs on a later date than the date of the Complaint, then the period for handling the Complaint shall begin to run only from the date of receipt of the claimed Goods by the Operator.
9.8 If the Operator denies liability for a defect, it is obliged to notify the Customer in writing of the reasons for the denial. If the Customer subsequently proves liability for the defect by means of an expert opinion or expert opinion issued by an accredited person, authorized person or notified person, the Customer may repeatedly allege the defect and the Operator may not deny liability for the defect in such a case.
9.9 The right under the Warranty expires if the defect in the Goods occurred (i) due to mechanical damage to the Goods by the Customer or a third party, (ii) due to inappropriate use of the Goods and/or improper handling of the Goods, (iii) due to an accidental event, (iv) due to interference with the Goods by a person other than an authorized person.
9.10 When handling a complaint and resolving a defect in the claimed Goods, the Operator shall proceed in accordance with the legal provisions of Section 618 et seq. of the Civil Code.
9.11 The Customer has the right to choose to have the defect removed by replacing the item or repairing the item. However, the Customer may not choose a method of removing the defect that is not possible or that would cause unreasonable costs compared to the second method of removing the defect, taking into account all the circumstances, in particular the value that the item would have without the defect, the severity of the defect and whether the second method of removing the defect would cause the Customer significant difficulties. The Operator may refuse to remove the defect if repair or replacement is not possible or if they would require unreasonable costs, taking into account all the circumstances.
9.12 The Operator shall repair or replace the Goods within a reasonable period of time, at its own expense and without causing serious inconvenience to the Customer, taking into account the nature of the item and the purpose for which the Customer requested the item. In such a case, the costs of taking over the claimed Goods shall be borne by the Operator. The Operator shall deliver the repaired or replacement Goods to the Customer at its own expense in the same or similar manner as the defective Goods were delivered, unless otherwise agreed between the contracting parties. If the Customer does not take over the repaired or replacement Goods within six months of the date on which they were to be taken over, the Operator may sell the Goods. If the item is of greater value, the Operator shall notify the Customer of the intended sale in advance and provide him with a reasonable additional period for taking over the Goods. The Operator shall immediately after the sale pay the Customer the proceeds from the sale of the Goods after deducting the costs reasonably incurred for their storage and sale, if the Customer exercises the right to a share of the proceeds within a reasonable period specified by the Operator in the notification of the intended sale.
9.13 If the Goods are replaced with new ones, the new warranty period will begin from the date of receipt of the new Goods by the Customer.
9.14 The Customer has the right to a reasonable discount on the Price or may withdraw from the Contract if:
The operator did not repair or replace the item, or did not repair or replace the item in accordance with the law,
The operator refused to remove the defect,
the item has the same defect despite repair or replacement of the item,
the defect is of such a serious nature that it justifies an immediate discount on the Price or withdrawal from the Contract, or
The Operator has declared or it is clear from the circumstances that it will not remove the defect within a reasonable time or without causing serious difficulties for the Customer.
9.15 When assessing the Customer's right to a discount on the Price or withdrawal from the Contract, all circumstances shall be taken into account, in particular the type and value of the item, the nature and severity of the defect and the possibility of the Customer objectively being asked to trust the Operator's ability to eliminate the defect. The Discount on the Price must be proportionate to the difference between the value of the Goods and the value that the Goods would have if they were free of defects. The Contract cannot be withdrawn if the Customer has participated in the occurrence of the defect or if the defect is negligible. If the Contract concerns the purchase of several items, the Customer may withdraw from it only in relation to the defective item. In relation to other items, the Customer may withdraw from the Contract only if it cannot be reasonably expected that he will be interested in keeping the other items without the defective item.
9.16 In the event of withdrawal from the Contract, the Operator will return the Price to the Customer no later than 14 days from the date of return of the claimed Goods to the Operator in accordance with the conditions set out in point 7.4 of these Terms and Conditions.
9.17 Addresses for returns, exchanges and modifications of goods
Return of goods or exchange of size
Delivery address
Randspot sro, Szászi, A. Žarnova 13A, 91702 Trnava
Package: Nale Tabak, Žarnova 16, 91702 Trnava
In person: Trnava, by arrangement
Phone number
Goods modification
Delivery address (regular mail): G. Koňušiaková, Lutiše 254, 013 05 Belá
Package: Z-BOX White
In person: By arrangement
Phone number
10. WITHDRAWAL FROM THE CONTRACT
10.1 The Customer is entitled to withdraw from the Contract, the subject of which is the delivery of Goods, even without giving a reason, within 14 days from the date of receipt of the Goods by the Customer or a third party authorized by him (hereinafter referred to as the "Withdrawal Period"). This applies to the Products:
- ordered separately, with table size
- goods ordered together with the service are free of charge.
Goods purchased with the Exactly as You Like service are made to order for a given person and cannot be withdrawn from the contract. It is possible to request modification of the goods.
The Customer may withdraw from the Contract even before the Withdrawal Period has started. The Withdrawal Period is deemed to have been observed if the notice of withdrawal from the Contract was sent to the Operator no later than the last day of the Withdrawal Period.
10.2 The Customer may exercise his right to withdraw from the Contract by delivering to the Operator a unilateral legal act, from which the Customer's will to withdraw from the Contract will be evident. Withdrawal from the Contract can be delivered to the Operator in electronic form to the e-mail address: ahoj@bonbonfashion.sk with the subject: Return/Exchange/Adjustment/Repair - order number.
10.3 The Operator will confirm the delivery of the notice of withdrawal from the Contract to the Customer by email without undue delay and will send him further instructions as soon as possible.
10.4 The Customer may withdraw from the Contract only in relation to a specific Product, if the subject of the Contract was multiple Products.
10.5 In the event of withdrawal from the Contract, the Customer is obliged to send the Goods back to the Operator no later than 14 days from the date of withdrawal from the Contract in the manner specified in point 9.17. This period is considered to have been observed if the Customer sends the Goods (hands them over for transport) no later than the last day of the period. The Customer is obliged to properly pack the Goods in such a way as to prevent their damage (e.g. in the original packaging, if there was no damage or deterioration during unpacking, or in another suitable package and fill the inside with fixing material). Proper packaging of the Goods is therefore solely the responsibility of the sender (Customer). The Operator recommends that the Customer insure the returned Goods.
10.6 The costs of returning the Goods are borne entirely by the Customer.
10.7 The Customer acknowledges that in the event of withdrawal from the Contract, the Customer is obliged to return the Goods to the Operator in their original condition, i.e. unused and undamaged, with all original tags or labels attached. The Goods do not have to be in their original packaging, they must contain all parts (if they consist of several). Otherwise, the withdrawal from the Contract will not be recognized and the Operator will proceed in accordance with provision 10.10 of these Terms and Conditions.
10.8 The Operator is obliged to refund to the Customer all payments received from him in connection with the Contract from which the Customer withdrew, including the costs of transport, delivery and postage and other costs and fees, no later than 14 days from the date of receipt of the notice of withdrawal from the Contract, but not before the Goods have been delivered to him by the Customer or the sending of the Goods back to the Operator has been proven. The Operator is not obliged to reimburse the Customer for additional costs if the Customer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the Operator.
10.9 The Operator is obliged to refund the Customer's payments pursuant to paragraph 10.8 in the same manner as the Customer used to pay for the Goods in accordance with the conditions set out in point 7.4 of these Terms and Conditions.
10.10 In the event that the Customer fails to meet the conditions for withdrawal from the Contract, the Operator is not obliged to accept the Customer's withdrawal from the Contract and in such a case the Operator will return the Goods to the Customer at the Customer's expense.
10.11 The Operator is not liable to the Customer for any damages caused by third parties that the Customer used to return the Goods to the Operator, in particular, but not exclusively, for loss or damage to the shipment containing the Goods.
10.12 With regard to the paid Service offered by the Online Store, withdrawal from the contract is possible before the start of performance. If partial performance has already occurred, it is up to the agreement between the contracting parties how they will proceed in this matter.
11. DISPUTE RESOLUTION
11.1 The Parties hereby undertake to make every effort to settle all disputes arising from and/or in connection with the Agreement amicably.
11.2 The Customer has the right to contact the Operator by e-mail at ahoj@bonbonfashion.sk with a request for redress if he is not satisfied with the manner in which the Operator has handled his Complaint, or if he believes that the Operator has violated his rights. If the Operator has responded negatively to the request or has not responded to it within 30 days of the date of receipt of the request, the Customer, who is a consumer, is entitled to submit a proposal to initiate alternative dispute resolution in accordance with the ADR Act to an alternative dispute resolution entity. The current list of alternative dispute resolution entities is available on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1. The Customer may submit a proposal in the manner specified in Section 12 of the ADR Act. To submit a proposal, he/she may also use a form, the template of which is also available on the website of the relevant ministry and each alternative dispute resolution entity. This does not affect the possibility of going to court.
11.3 The address for submitting electronic submissions to the Slovak Trade Inspection is the Inspectorate of the SOI for the Trnava Region, Pekárska 23, 917 01 Trnava 1, Department of Supervision, e-mail: tt@soi.sk and for alternative resolution of consumer disputes: Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27, e-mail: ars@soi.sk, website address: soi.sk. The online dispute resolution platform located at the website address http://ec.europa.eu/consumers/odr can be used to resolve disputes arising from a purchase contract between the seller and the buyer.
11. 4The European Consumer Centre Slovak Republic, with its registered office at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, tel.: +421 905 528 477, e-mail: ECCNET-SK@ec.europa.eu, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
12. PROTECTION OF PERSONAL DATA
12.1 The Customer is obliged to provide their data correctly and truthfully and to inform the Operator without undue delay about any change in their data provided to the Operator.
12.2 The rights and obligations of the Operator and the Customer in relation to the protection of personal data are set out in the Personal Data Protection Policy issued by the Company https://bonbonfashion.sk/policies/privacy-policy.
13. FINAL PROVISIONS
13.1 If the relationship established by the Contract contains an international (foreign) element, the Contracting Parties have agreed that their relationship is governed by Slovak law. This does not affect the rights of the Customer (consumer) arising from generally binding legal regulations.
13.2 The Contract is concluded for a fixed period, namely for the period during which the specific Order is valid.
13.3 No obligation of the Parties arising from the Contract shall be considered a fixed obligation within the meaning of Section 518 of the Civil Code.
13.4 If any provision of the Agreement (including these Terms and Conditions) is or becomes invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning comes as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions of the Agreement.
13.5 The Operator is not bound by any codes of conduct in relation to the Customer within the meaning of Section 2(l) of the Consumer Protection Act.
13.6 Relationships not regulated by the Contract and the Terms and Conditions are governed by the relevant provisions of the Civil Code, the Consumer Protection Act, the Electronic Commerce Act and other relevant provisions of legal regulations in the Slovak Republic.
13.7 The Operator is authorized to sell Goods on the basis of a certificate of trade license. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection of the Slovak Republic. The Slovak Trade Inspection, to a limited extent, also supervises compliance with the Consumer Protection Act. The Operator's contact details are listed on the Company's Website.
13.8 The appendix to these Terms and Conditions contains a sample form for withdrawal from the Contract.
13.9 The Operator reserves the right to unilaterally amend or supplement these Terms and Conditions. Any changes to these Terms and Conditions shall enter into force on the date of their publication on the website www.bonbonfashion.sk. Legal relations arising from the Contract concluded with the Customer shall always be governed by the Terms and Conditions effective at the time of the binding Order for Goods/Services. The Contract, including the Terms and Conditions effective at the time of conclusion of the Contract, shall be archived by the Operator in electronic form and, upon request of the Customer, the Operator shall provide the Customer with a version of the Terms and Conditions valid and effective as of the date of conclusion of the Contract.
13.10 These Terms and Conditions shall enter into force on 10.5.2025.