1. These General Terms and Conditions for remote purchase contracts are issued by:

Trade name: Mgr. Katarína Žiaková

Place of business: 97 701 Bystrá 140

ID: 50 533 169

Incorporation: Trades Register of Brezno County Authority Trades Register number: 630-16245

TRN: 1122490215

Bank details: Československá obchodná banka a.s.

Bank account number: SK6375002000020002011571

IBAN: SK6375002000020002011571

SWIFT (BIC): CEKOSKBXXXX

Trades Register of Brezno County Authority Trades Register number: 630-16245

Československá obchodná banka a.s.

SK6375002000020002011571

SK6375002000020002011571

CEKOSKBXXXX

1. These General Terms and Conditions apply to the purchases on the e-shop www. katarinaziak.sk. The purpose of these Terms and  Conditions is to lay down and set forth the rights and obligations of the Seller (supplier) on one side and those of the Buyer (customer, consumer) on the other side.

2. Operator of the e-shop www. katarinaziak.sk and the Seller is the natural person – businesswoman:

Trade name: Mgr. Katarína Žiaková

Place of business: 97 701 Bystrá 140

ID: 50 533 169

Incorporation: Trades Register of Brezno County Authority Trades Register number: 630-16245

TRN: 1122490215

Bank details: Československá obchodná banka a.s.

Bank account number: SK6375002000020002011571

IBAN: SK6375002000020002011571

SWIFT (BIC): CEKOSKBXXXX

Československá obchodná banka a.s.

SK6375002000020002011571

SK6375002000020002011571

CEKOSKBXXXX

3. E-shop address:

Mgr. Katarína Žiaková
Bystrá 140
97701 Bystrá

4. Name and surname of the responsible (contact) person who takes care of Buyer’s orders:

Telefón: +421911110631

E-mail: info@katarinaziak.sk

5. Opening hours:

1. For the purposes of these General Terms and Conditions, the following words and expressions shall have the following meaning:

Seller – natural person – businesswoman: Mgr. Katarína Žiaková, place of business: 97 701 Bystrá 140, ID: 50 533 169, registration: Trades Register of the Brezno County Authority, Trades Register number: 630-16245 acting within her business objective in executing and performing the consumer (purchase) contract;

Buyer – natural person capable of entering into legal transactions or a natural person with legal personality which showed interest in buying Goods over the E-shop and enter into a Purchase Contract with Seller covering the Goods offered in the E-shop and which filled out and submitted over the E-shop to that end an Electronic Order processed by the Seller’s system, which person does not act within that person’s business objective, employment, or occupation in executing and performing the consumer (purchase) contract;

Electronic Order – a submitted electronic form containing information about the Buyer, list of Goods ordered from the electronic catalogue of the Seller’s products, and the price of such Goods processed by the Seller’s system, with the order constituting an order with the obligation to pay the purchase price of the Goods ordered;

Goods – products (Goods), the list of which forms along with the description of their main properties and the purchase price the content of the electronic catalogues of Seller’s product posted on www. katarinaziak.sk;

E-shop – Seller’s web store located on the website  www. katarinaziak.sk allowing purchase of the Goods offered by the Seller on said website.

1. Execution of a Purchase Contract based on which Seller shall deliver the ordered Goods to Buyer (hereinafter also as “Purchase Contract”) takes place based on a contract proposal (hereinafter also as “Electronic Order”) made by the Buyer and its written acceptance made by the Seller (hereinafter “Acceptance of Electronic Order”).

2. Electronic Order of the Buyer means the selection of a specific piece of Goods by the Buyer from the Seller’s range offered in the electronic catalogue of Seller’s products on www. katarinaziak.sk , clicking the shopping cart icon. Validity of the Electronic Order is, among other things, conditional upon provision of true and complete data marked in the order form as required fields.

3. The information concerning availability of the specific piece of Goods may be assured by the Buyer checking the following symbols showed for each piece of Goods:

• in stock
• goods made to order. Find about the estimated delivery date
• not in stock
• while stocks last

4. Electronic Order for Goods may be placed by the Buyer by selecting Goods (where the Goods are offered in various colour or material versions, Buyer shall choose the colour/material for the Goods) from among the range offered on www. katarinaziak.sk , adding the desired number of pieces of said Goods to the shopping cart, filling out especially the Buyer’s contact data acting as the customer (particularly: trade name/name and surname, registered office/address of residence, ID, TRN, ID for VAT, contact data (phone, e-mail), delivery method and the payment method, and submitting the Order. If the Buyer wishes to have the Goods delivered to a place other than Buyer’s address, Buyer is requested to state the desired address of the place of delivery in the Electronic Order. If the Buyer does not state any other place of delivery, the place of delivery shall be deemed identical with the address specified within the Buyer’s contact data as Buyer’s registered office/residence. If Buyer wishes to take over the Goods alone, Buyer shall choose Seller’s branch in the Electronic Order in which Buyer will takeover the Goods.

5. The Electronic Order must also contain Buyer’s representation acknowledging that Buyer has become familiar with these General Terms and Conditions and the Complaints Procedure which form an integral part of the Purchase Contract and is in full agreement with the same, and the consent to personal data processing.  Placement of Electronic Order is not conditional upon registration of the Buyer in the system.

6. If the Electronic Order is accepted by the Seller, Buyer shall receive an acknowledgement of Acceptance of the Electronic Order to the e-mail address specified by the Buyer in the Electronic Order in the “Contact data” part. The acknowledgement of Acceptance of the Electronic Order also includes the Order number and a copy of the Order. Any further information concerning the Buyer’s Electronic Order shall be sent to the e-mail address specified by the Buyer on an as required basis.

7. Purchase Contract shall be deemed executed upon delivery of the Acceptance of the Electronic Order by the Seller to the Buyer to the e-mail address specified by the Buyer in the Electronic Order in the "Contact data" part. This is the moment when the Purchase Contract is formed between Seller and Buyer based on which Seller is obligated to deliver the Goods to the Buyer to the specified place of delivery and Buyer is obligated to accept the Goods in the place of delivery at the agreed time and pay the purchase price for the Goods and other fees agreed in the Purchase Contract or these GTC.

8. Buyer may revoke the contract proposal (Order) for convenience at any time before it is accepted by the Seller by e-mail at info@katarinaziak.sk.

9. Seller reserves the right not to accept the Order, or a part thereof (reject the contract proposal), or the liability, or a part thereof, of the Seller out of the Purchase Contract which has already been executed shall become null and void if the performance becomes impossible (Seller not being obligated to deliver Goods), including, without limitation, the following events:

a) Order could not be accepted (incomplete or incorrect data in the Order, Buyer not accessible /i.e. in spite of trying to call the Buyer, Buyer was unreachable by phone and/or Buyer fails to respond to e-mail and/or otherwise delivered notice of the Seller in three days from its delivery to the Buyer and/or if the notice is returned as undeliverable despite these conditions have been met, etc.);

b) desired Goods are not produced or delivered anymore or the purchase price has been significantly changed by the Goods supplier. In such event, Seller shall contact the Buyer in order to agree on the next steps. Unless the Buyer and the Seller agree otherwise, if the purchase price has already been paid, in whole or in part, by the Buyer, Seller shall refund the amount paid back – by a transfer to the account or through delivery to the address within 14 calendar days from the Order.

1. Seller’s obligation to deliver the Goods shall be deemed met upon handover of the Goods ordered to the Buyer or to the Buyer’s authorised person in the place of delivery.

2. Buyer is obligated to accept the Goods in the agreed place (delivery address). If the Buyer is unable to accept the Goods ordered in a proper and timely manner, Buyer is requested to inform the Seller or an entity designated by the Seller of such inability by phone without any undue delay after Buyer learns of the inability to accept the Goods ordered, otherwise Buyer shall be held liable for damage caused thereby.

3. The average dispatch period from Seller’s warehouse to the carrier ranges from 1 – 3 business days for shipments within Slovakia, or 2 – 5 business days for international orders from acceptance of the Order; provided, however, that the Goods are in stock. Delivery of the Goods ordered shall be carried out as soon as possible depending on the availability of products and operational conditions of the Seller. The dispatch period for the made-to-order Goods (i.e. Goods which are not in stock) from Seller to the carrier ranges from 7 – 21 business days from Order acceptance. However, Seller is obligated to deliver the Goods no later than in 30 business days from Buyer’s order acceptance, unless Seller and Buyer agree otherwise in the Purchase Contract (delivery period). If the payment method chosen by the Buyer is other than by cash on delivery (i.e. other than payment for the Goods at their delivery), the delivery period shall be counted from the day following the date on which the Seller’s Account is credited with the relevant purchase price.

4. Orders received after 1:00 PM or on weekends and bank holidays shall be processed on the next business day! As regards Goods not in stock, customers will be informed of a change of the delivery period for the Goods by e-mail.

5. Seller delivers Goods in the form of a letter/package or a cash on delivery letter/package delivered to the address specified in the Electronic Order as the place of delivery (delivery address) by way of Slovenská pošta (Slovak Post Office) or a courier service – GLS (only within the European countries), or by way of personal collection.

6. Delivery terms and conditions of individual carriers:

a) Slovenská pošta:

The postage applies to down payments (payment by transfer to the bank account). The cash on delivery option may only be applied for shipments within the Slovak and Czech Republics. All postal items are posted twice a week. 

Postage and delivery period within xy business days from dispatch of items by the carrier: EUR 4 / World: EUR 8

Slovakia: delivery within 1-2 business days; Czech Republic: 3-5 business days; European countries: 3-5 business days; World: 5-14 business days.

b) GLS Courier Service:

Delivery of Goods within Europe only. Prices apply to down payments (by transfer to the bank account); cash on delivery option is only possible for the Slovak Republic. All postal items are posted twice a week.

Postage and delivery period within xy business days from dispatch of items by the carrier.

Slovakia: EUR 6.00 delivery within 1-2 business days;
Czech Republic, Hungary: EUR 9.15, delivery within 1-2 business days;
Croatia, Poland, Germany, Austria, Romania, Slovenia: EUR 12.00, delivery within 2-3 business days;
Belgium, Bulgaria, Denmark, France, the Netherlands, Liechtenstein, Lithuania,
Latvia, Luxembourg, Great Britain: EUR 15.50, delivery within 3-4 business days;
Esthonia, Finland, Ireland, Portugal, Spain, Sweden, Italy, Vatican: EUR 23.00, delivery within 4-5 business days.

c) Slovenská pošta – Courier Service:

Slovakia: EUR 6.00 delivery within 1-2 business days;

In addition to the postage fee set out in section 6.A/6.B/6.C, Buyer is also expected to pay the Seller the cash on delivery charge amounting to EUR 1.00 if choosing delivery under sections 6.A/6.B/6.C of this Article.

7. Buyer is requested to check the packaging at the time of Goods acceptance for damages and completeness. If the protective tape is damaged, the packaging contains cracks, the edge is deformed, the cardboard is broken through, or there are other signs of damage, the Goods delivered might have been damaged as well. If there is obvious damage to the packaging, Buyer is recommended not to accept the shipment and put down a damage report with the carrier about damage caused in transport. Damages caused in transport are the responsibility of the carrier. If the Buyer accepts the Goods in spite of obvious damage to the packaging, complaint concerning the Goods, if any shall not be admitted.

8. At acceptance of the Goods ordered, Buyer shall give the Seller (carrier) the Order number and prove his/her identity in order to allow identification of the Buyer and the Order. If a third person is authorised by the Buyer to accept the Goods, the third person shall show the Seller (carrier) at acceptance of the Goods ordered a written power of attorney authorising the third person to accept the Goods ordered.

9. Delivery of Goods by way of the so-called personal collection shall be carried out by the Seller through handover of the Goods ordered to the Buyer or to a person authorised by the Buyer at a Seller’s branch specified in the Buyer’s Electronic Order during opening hours of such Seller’s branch. At acceptance of the Goods ordered, Buyer shall give the Seller the Order number and prove his/her identity in order to allow identification of the Buyer and the Order. If a third person is authorised by the Buyer to accept the Goods, the third person shall show the Seller at acceptance of the Goods ordered a written power of attorney authorising the third person to accept the Goods ordered.

10. If Buyer fails to takeover the Goods in the delivery period and/or returns the Goods back to Seller, Seller may withdraw from the Purchase Contract after the lapse of the delivery period and request the Buyer to reimburse the Seller for the cost of delivery and packing (amounting to EUR ….) connected with unsuccessful delivery of the  Goods.

11. Seller shall issue a delivery note for the Buyer at delivery of the Goods. Each delivery note must contain particularly proper identification of both the Seller and the Buyer; type (name) of the Goods delivered; quantity of the Goods delivered; total price of the Goods delivered; Goods delivery date; stamp and signature of both the Seller and the Buyer, or of the persons authorised to act on their behalf giving the name and surname of the person who signs the delivery note; or other prerequisites. If Seller only hands over the invoice to the Buyer at delivery of the Goods, such invoice may be considered to be a replacement for the delivery note; provided, however, that the invoice provides so. If Seller only hands over the cash receipt to the Buyer at delivery of the Goods, such receipt can in no event be considered to be a replacement for the delivery note. Both the delivery note and the tax document (invoice or cash receipt) should be archived for the purposes of complaints, if any.

12. Title to the Goods shall pass to the Buyer upon acceptance thereof and, concurrently, upon payment of the purchase price.

1. Buyer is obligated to pay the Seller the purchase price for the Goods delivered set in the electronic catalogue valid on the Order submission date. The purchase price agreed is inclusive of the value added tax (VAT). Purchase prices in e-shop are only valid for the purchases over the web store and are not necessarily identical with the purchase prices in the retail stores of Mgr. Katarína Žiaková.

2. Seller reserves the right to adjust, at any time, the price of Goods on the web site of the web store www.katarinaziak.sk. Such price adjustment shall not apply to the Goods which have already been ordered irrespective of whether or not the Goods have already been delivered.

3. Purchase price of the Goods does not include the cost of transport of the Goods to the place of delivery; this cost shall be charged to the Buyer separately depending on the transport method to the place of delivery and the payment method chosen by the Buyer in the Order form. (Cost of transport is also specified in the Order form). Packing is included in the price of transport.

4. Buyer is entitled to pay the Seller the purchase price for the Goods delivered in a manner defined in the Purchase Contract. Buyer may choose one of the following payment methods in the Order form:

a) cash on delivery – payment in cash on delivery of the Goods to the Buyer. The cash on delivery payment option for deliveries by Slovenská pošta is only available for the Slovak and the Czech Republics. The cash on delivery payment option for deliveries by the GLS courier service is only possible for deliveries within Slovakia;

b) personal collection – payment in cash or by payment card at the cash register of the Seller;

c) transfer to account – payment by transfer to Seller’s Account. After Order acceptance, Buyer shall receive an acknowledgement e-mail and the relevant information required for payment to the e-mail address provided by the Buyer. Buyer is obligated to identify the payment using the variable symbol which is identical with the Order number. The Goods shall not be shipped to Buyer before the Seller’s Account is credited with the relevant
purchase price.

1. Warranty, complaints, and resolution of complaints and other suggestions are covered by a separate document titled Complaints Procedure .

1. Buyer is entitled to withdraw from the Purchase Contract for convenience in 14 days from acceptance of the Goods by the Buyer or by a third person, other than the carrier, authorised by the Buyer.

2. The period for withdrawal from the Contract shall expire after 14 days from acceptance of the Goods by the Buyer or by a third person, other than the carrier, authorised by the Buyer.

3. Buyer may also withdraw from the Purchase Contract for convenience before the period for withdrawal from the Contract under section 1 of this Article starts running.

4. If Buyer exercises the right to withdraw from the Contract, Buyer is required to inform Seller of Buyer’s decision to withdraw from such Contract through an unambiguous representation either by a letter sent by post to the place of business of Mgr. Katarína Žiaková, registered office: Bystrá 140, 97701 Bystrá or by e-mail at: info@katarinaziak.sk. Buyer may, to that end, make use of the following template for withdrawal from the Contract:

5. The period for withdrawal from the Contract shall be deemed met if the Buyer sends the notice of Buyer’s decision to exercise the right to withdraw from the Contract before the period for withdrawal from the Contract expires.

6. If Buyer withdraws from the Contract by way of e-mail, Seller shall forthwith after receipt of the notice of withdrawal from the Contract acknowledge receipt of the notice of withdrawal from the Contract replying to the e-mail address specified by the Buyer in the notice of withdrawal from the Contract.

7. Buyer is obligated to send the Goods back no later than in 14 days from the date of withdrawal from the Contract (by registered mail to the address: Mgr. Katarína Žiaková, Bystrá 140, 97701 Bystrá) or handover the same to the Seller or to the person authorised by the Seller to takeover the Goods. This shall not apply in the event that the Seller suggests to pick up the Goods alone or by way of a person authorised by Seller. The period under the first sentence shall be deemed met if the Goods are handed over for transport no later than on the last day of the above period.

8. Seller is obligated to refund to Buyer all payments received from Buyer based on or in connection with the Purchase Contract including the cost of transport, postage and other costs and fees (hereinafter also as “Buyer’s Payments”).

9. Seller is obligated to refund Buyer’s Payments back to Buyer without any undue delay, but no later than in 14 days from delivery of the returned Goods (Goods not damaged or used) back to the Buyer’s address using the same refund method as used by the Buyer for Buyer’s Payment. This shall not affect Buyer’s right to agree with the Seller on a different payment method, provided that no further fees are charged to Buyer in connection with such other method.

10. Seller is not obligated to reimburse the Buyer for additional cost if Buyer expressly selected a delivery method other than the cheapest delivery method offered by the Seller. Additional cost means the difference between the cost of delivery chosen by the Buyer and the cost of the cheapest delivery method offered by the Seller.

11. In the event of withdrawal from the Contract covering sale of Goods, Seller is not obligated to refund to the Buyer payments under sections 8 and 9 of this Article before the Goods are delivered, or before Buyer proves Buyer’s posting the Goods back to Seller, unless the  Seller proposes to collect the Goods alone or by way of a person authorised by the Seller.

12. Buyer is obligated to pack the Goods covered by withdrawal using genuine package or package which is appropriate for preventing damage to the Goods in transport.

13. In the event of withdrawal from the Contract, Buyer shall bear the cost of returning the Goods back to Seller or to the person authorised by the Seller to takeover the Goods, and the cost of Goods returning.

14. Buyer is not entitled to send the Goods (including the documents pertaining thereto/user manual, warranty card, etc./) by way of cash on delivery; such shipment will be returned back to the sender! Along with the Goods, Buyer shall also deliver to the Seller:

a) copy of the invoice/cash receipt (covering the purchase price of the Goods returned by the Buyer/delivery note;

b) completed withdrawal from the contract form (unless already sent to the Seller).

15. Buyer is not entitled to withdraw from the purchase contract particularly if:

a) Goods affected by the withdrawal have been damaged (with damage to the Goods attributable to the Buyer);

b) Buyer is unable to return complete Goods affected by the withdrawal – Goods must be returned along with everything they were delivered to Buyer;

c) Goods have been used – Goods must not show any visible signs of using or wearing. If a label is attached to the Goods, the label must not be cut in two, the serial number must not be damaged.

16. Consumer is not entitled to withdraw from the Contract covering:

a) sale of Goods or provision of service the price of which depends on price trends in the financial market which are out of Seller’s control and which may occur in the course of the period of withdrawal from the Contract;

b) sale of Goods made to special requirements of the Buyer; Goods tailored to, designed separately for, a single specific Buyer;

c) sale of Goods subject to rapid quality decrease or deterioration;

d) sale of Goods in protective packaging which may not be returned owing to protection of health or due to hygienic reasons, and the packaging of which was removed after delivery;

e) sale of Goods which may be, considering their nature, inseparably mixed with other goods after delivery;

f) performance of inevitable repairs or maintenance expressly requested by the Buyer; this shall not apply to service contracts and to contracts covering sale of other Goods, such as the spare parts required for repair or maintenance, if executed during Seller’s visit to the Buyer’s place and Buyer has not placed an order for such services or Goods beforehand;

g) sale of audio recordings, video recordings, audio-visual recordings, books, or computer software sold in protective packaging, if such packaging was removed by the consumer;

h) provision of electronic content other than on a physical medium, if the provision thereof was initiated with the Buyer’s consent and Buyer made a representation that Buyer has been duly informed of the fact that giving such consent Buyer waives the right to withdraw from the Contract.

17. Buyer shall be held liable for the decrease in the Goods quality which occurred as a consequence of Goods handling going beyond the handling required to learn about the Goods properties and functionalities.

1. Goods offered by the Seller over the e-shop www.katarinaziak.sk bearing the trademark set out in this Article are subject to the copyright protection in accordance with Act No. 185/2015 Coll. Copyright Act and the industrial copyright.

2. All photographs and texts used in the e-shop www.katarinaziak.sk are subject to copyright. Any dissemination, copying, or other use is only permissible with author’s consent.

3. The Katarina Žiak® trademark is a registered trademark of the European Union and its use without consent is strictly prohibited. All products (Goods) bearing the trademark are protected by the trademark which warrants the originality of the products.

4. Buyer may not use the Goods in a manner which would infringe Seller’s intellectual property rights. Particularly, Buyer may not, without limitation to:

a) change, show in public, disseminate, or otherwise use the Goods;

b) make imitation or replica products of the Goods;

c) offer for sale or otherwise disseminate imitation or replica products of the Goods;

d) register the Goods for any type of industrial copyright or other protection.

5. Unauthorised infringement of the intellectual property rights to the Goods constitutes violation of the copyright which may lead to civil and criminal liability. In the event of Buyer’s violation of the intellectual property rights, Seller shall be entitled to seek protection of Seller’s intellectual property rights and appropriate financial compensation.

1. Buyer represents that upon submitting the Electronic Order, Buyer gives Mgr. Katarína Žiaková his/her permit to the processing of Buyer’s personal data in this Contract in accordance with the provisions of Art. 11 of Act No. 122/2013 Coll. for the purposes of Purchase Contract drafting (personal data processing within the Electronic Order in Seller’s E-shop), record keeping, its submission to the competent authorities and entities which will make decisions with regard thereto and verify its data. This consent shall remain valid for an indefinite period of time. The consent may only be revoked in the event of discharge of the Contract other than through the performance thereof.

1. The consent to these General Terms and Conditions, Complaints Procedure, and the processing of Buyer’s personal data is deemed to be given upon submission of Buyer’s Electronic Order within Seller’s E-shop.

2. Legal relations established between the Seller and the Buyer shall be governed by the laws of the Slovak Republic, particularly by the Act No. 102/2014 Coll. on the Protection of Consumers in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed outside the Business Premises of the Seller, and Act No. 40/1964 Coll. Civil Code.

3. These General Terms and Conditions form an integral part of the remote purchase contract and may only be changed based on an express consent of both parties.

4. These General Terms and Conditions are effective as of 7 December 2016.

5. If a Seller’s notice sent to Buyer to the address provided by the Buyer returns back as undeliverable, parties agree that the notice shall be deemed delivered on the date the notice is delivered back to the Seller.

6. In the event of any inquiries, complaints, suggestions, or uncertainty, Buyer may contact the following contact address: info@katarinaziak.sk.