Terms & Conditions www.yakoyako.com
1. GENERAL TERMS
010 04 Žilina, Slovakia
Identification No.: 52 002 438
VAT No.: SK2120872215
These terms and conditions regulate the contractual relationship between the Parties of the purchase agreement: yakoyako, s.r.o., Kvačalova 1226/53, 01004 Žilina, Identification No.52 002 438, VAT No. SK2120872215, and the Buyer/Consumer.
The rights and obligations of the Seller are based on the Act no. 102/2014 Coll. on Consumer Protection in the sale of goods or services under a distance or off-premises contract.
Amendment of other laws governing online sales – especially the Act no.250/2007 Coll. on Consumer Protection and the Act 40/1964 Coll., as amended.
A legally responsible person over 18 years of age.
This e-shop only sells products of yakoyako brand.
a.The buyer places an order by sending a message to the address email@example.com or a message to the Facebook page. This order is considered binding only after the Buyer receives a confirmation message from the Seller.
b.The Buyer orders the goods via an e-mail of a Facebook message. This form is considered distance selling.
c. In each order the Buyer must state his/her name, postal and billing address, exact name and the number of ordered goods and the payment method.
d. At the latest a day after receiving the order, the Seller is obliged to contact the Buyer and confirm the order. From this day the order is considered binding.
- AGREEMENT WITHDRAWAL
a.According to the provisions of Section 7 et seq of the Act no.102/2014 Coll. on Consumer Protection in distance selling, the Buyer is entitled to withdraw from the purchase contract/agreement without giving a reason within 14 days after the receipt of goods or within 14 days from the date of the conclusion of the service contract or contract for the provision of electronic content which is not supplied on a tangible medium. The Seller must instruct the Buyer in compliance with the Section 3 of the Act on Consumer Protection in distance selling.
b.The Buyer has the right to unpack and test the goods as it is possible and customary in a brick-and-mortar shop, in a way that would enable the Buyer to inspect the condition, properties and functionality of the goods. The Buyer is only responsible for the diminished value of goods caused by his handling the goods in a way not necessary for inspecting the condition or functionality of goods.
c.The provisions of this article shall not explicitly apply to a Buyer (legal person, natural person) who does not meet the definition of consumer as per Section 2 (a) of the Consumer Protection Act no. 250/2007 Coll.
d.The Buyer shall only withdraw from the agreement in writing, by sending a registered letter to the address of the Seller or by sending an email with the agreement withdrawal message to the email address firstname.lastname@example.org. The withdrawal period is observed if the declaration of withdrawal is sent at the latest on the last day of the withdrawal period.
If the Buyer wishes to withdraw from the agreement, he/she is obliged to return the goods back to the Seller, within no more than 14 days after the date of withdrawal notification. The Seller is not obliged to return the funds received before the Buyer returns the goods or declares sending the goods back to the respective address unless the seller proposes collecting the goods in person or via an authorized person. The agreement withdrawal period – 14 days – is observed if the goods are sent at the latest on the last day of the withdrawal period.
The Seller is obliged, without unnecessary delay (at the latest within 7 days after the receipt of the agreement withdrawal/, to return all the payments received from the Buyer, including the shipping and delivery costs, postal fees and other related fees. This does not apply to additional costs in case the Buyer selected other than the standard cheapest shipping method and to additional services stated in the agreement in case they were fully provided. The Seller is not obliged to return the funds received before the Buyer returns the goods or declares sending the goods back to the respective address unless the Seller proposes collecting the goods in person or via an authorized person.
e.In the case of withdrawal from the agreement, the agreement is considered as null and void and the Parties are obliged to return to each other anything they exchanged on the basis of the agreement. If possible, the goods must be sent back:
- complete /including leaflets and instruction for use/,
- with receipt,
- if possible, in original packaging.
We recommend the customers to insure the goods. We do not accept cash on delivery shipments. The purchase price will be refunded to the customer´s bank account, (if not agreed otherwise), at latest within 14 days, in agreement with the respective law.
f. In the case the Buyer withdraws from the agreement and the goods sent back to the Seller are used, damaged or incomplete, the Buyer must provide a financial compensation to the Seller for repairing the goods or restoring them to their full original condition.
g. In compliance with provisions of Section 7, para 6 of the Law on Consumer Protection in distance selling, the right of withdrawal is not applicable to custom made products or products that are clearly intended for a specific person.
h. The Seller must acknowledge the receipt of the agreement withdrawal in writing.
i. The Seller reserves the right to cancel the order if
- the goods are no longer produced or were sold out,
- production costs (conditions) changed,
- information about the product or the introductory price on Facebook was incorrect.
4. PRICE, PAYMENT, DELIVERY AND RECEIPT OF GOODS
a.The price is always stated in the product description on our Facebook page. The price is subject to change without prior notice. The price always includes VAT and does not include shipping costs.
b. The seller reserves the right to change prices. In that case the Seller contacts the seller and the Buyer has the right to cancel the order.
c.The Buyer must pay the price stated in the order and the shipping costs, either by PayPal transfer or by a bank transfer to the account number specified by the invoice. Cash payment is only possible upon personal collection of goods (if agreed).
d. The Seller ships the package as an insured parcel, parcel to post office or parcel to address using services of the Slovak Post company unless the Buyer requests a different shipping method.
e. The Seller ships the parcel to the address provided by the online payment service PayPal or stated in the invoice unless the Buyer provides a different address.
f. Delivery time: In case of a bank or PayPal transfer, the Seller ships the goods no later than 2 working days after the receipt of payment. Custom made products will be shipped no later than 7 working days after the receipt of payment. If this time is exceeded, the Seller must inform the Buyer in writing.
g. Delivery time, as stated by the Slovak Post company, cannot be affected by the Seller. The Buyer receives a tracking number and is obliged to track the consignment. The Seller does not have to track the consignment.
h. The Buyer must accept the delivery time of the Slovak Post company, which normally is a day after dispatch.
i. The Seller is responsible for the condition of goods upon delivery. It is highly recommended to check the condition of goods upon delivery. If the consignment is damaged or destroyed, the Buyer shall reserve the right to reject it and shall immediately contact the Seller. The right to compensation arises only if it can be proved that the damage or loss of contents was caused prior to delivery. The claim can be filed in any post office, at the latest on the next working day after the delivery. The claimant must submit the package cover and the damaged contents that will be left in the respective Slovak Post office for further assessment.
j.The Buyer becomes the owner of goods immediately after paying the full price for the goods to the account number stated in the invoice.
- WARRANTY AND RETURN POLICY
a. The consignment with returned goods must always include a copy of invoice which serves as a warranty card.
b. The warranty period is 24 months from the date of the receipt of goods. This warranty does not cover defects or damage arising from improper handling or maintenance. The warranty does not apply to wear and tear of the item by the Buyer. To claim the goods, the Buyer must first notify the Seller in writing, to the e-mail address email@example.com or by message to the Facebook page yako yako and send the goods back in a sealed insured package. The claim must be settled within 30 days and the Buyer must be informed in writing. Any defects found must be removed. If this is not possible, then the Seller must provide new goods to the Buyer. If the item is not in stock, the Buyer will be refunded.
c. If the claim is unfounded, the goods will be sent back to the Buyer.
d. The on sale products,second-class quality products and products made to order cannot be claimed.
6. PERSONAL DATA PROTECTION
All personal information related to Buyer will only be used for processing an order and will never be made available to others.
7. FINAL PROVISIONS
a. By placing an order, the Buyer agrees to the Terms and Conditions of this e-shop.
b. Notwithstanding other provisions, the seller shall not be liable for the loss of business, loss of anticipated profits or savings or any indirect or consequential loss arising out of or in connection with this Agreement.
c. These Terms and Conditions were written in good faith to meet legal requirements and fair business relations between the Buyer and the Seller.The supervisory authority is the Slovak Trade Inspection (SOI), the Inspectorate for Žilina region, Predmestská 71, P.O. Box B-99, 011 79 Žilina, phone no.: 041/7632130, e-mail: firstname.lastname@example.org
d.The Buyer´s rights are governed by the Consumer Protection Act and the Law on Consumer Protection in distance selling and remain unaffected by these Terms and Conditions. The above mentioned laws regulate these Terms and Conditions. Any potential disputes arising from these Terms and Conditions shall be governed by the relevant provisions of the Civil and Commercial Code.
e.The Parties agree that the communication between them will be carried out at distance – by telephone or electronically by e-mail.
f. These Terms and Conditions are valid from 01/01/2017.