VŠEOBECNÉ OBCHODNÉ PODMIENKY

  GENERAL TERMS AND CONDITIONS

  DEFINITIONS

These General Terms and Conditions (hereinafter referred to as "GTC") govern legal relations, i.e. rights and obligations between the operator - the seller and customer - Buyer, which arise in the sale of goods or in the provision of services by the seller through the online store. The terms specified in this article have the following meanings for the purposes of these Commercial Terms and Conditions:

SELLER

BUYER

GOODS

The provisions of these GTC form an integral part of the purchase contract. Communication (including the concluded purchase contract) is in the Slovak language.

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  RECEIPT AND PROCESSING OF THE ORDER, PURCHASE CONTRACT

The Buyer’s costs associated with the use of distance communication means in connection with the conclusion of the purchase contract. These costs shall be borne by the Buyer.

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1.   The Buyer can cancel the order which was confirmed by the seller until the products are sent (i.e. before their dispatch), whereby the Buyer withdraws from the contract and the order is considered cancelled. The Buyer can send the cancellation of the order to the seller by e-mail to the e-mail address info@silviastredan.it or info@silviastredan.com or may notify the seller by telephone at the telephone number +421 908 615 774 or +421 948 502 238. Upon cancellation of the order, the Buyer is obliged to state the name and surname, e-mail and order number. In the event that the Buyer has already paid part or full  purchase price for the products according to the order, which is later cancelled by the Buyer in accordance with these GTC, the amount already paid will be transferred back to the Buyer's account from which it was paid, within 14 (fourteen) days; in case of payment by card, this period may be extended due to the bank's procedures.

2. The seller is entitled to withdraw from the contract (cancel the order) if it will not be possible to deliver the products due to their unavailability (e.g. sold out of stock or if the manufacturer, the importer or the supplier of the products agreed in the contract has discontinued production or made such significant changes that have made it impossible to fulfil the seller's obligations arising from the contract or for reasons of force majeure, etc.) or if, even with all efforts, it is not possible to deliver the products within the agreed time or price and/or procurement the products would cause the seller disproportionate difficulties and disproportionate expenses in relation to the value of the products. The seller shall immediately inform the Buyer of such cancellation of the order and return the money to the Buyer within 14 (fourteen) days from the notice of withdrawal, by transfer to the account from which the payment was made; in the case of payment by card, this period may be extended due to the bank's procedure.

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  SELLER'S OBLIGATIONS

1.    The seller undertakes to deliver the products to the Buyer in quantity, quality, design and at the price according to the concluded contract. The products will be suitably packed to prevent damage during transport.

2.    The Buyer acquires ownership of the products by paying the purchase price in full and by taking over the products. The ordered products remain seller's property until the full payment of the purchase price and until the takeover of the products by the Buyer

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  PAYMENT TERMS

We accept the following methods of payment:

In accordance with generally binding legal regulations, we will issue an appropriate invoice for each orders.

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  TERMS OF DELIVERY

1.     Place of delivery

2.     Time of delivery

In the event of non-acceptance of the delivered Goods, we may require reimbursement of shipping and packaging costs.

When accepting goods from the Courier, you should check that the shipment's packaging and contents are intact. If damage to the shipment's packaging (or damage to the goods) is evident, the Buyer is not obligated to take delivery from the Courier. In this case, we advise the Buyer to make a damage report to the Courier and, if possible, photograph the damage report. Failure to do so may subject the Buyer to an evidentiary investigation and possible rejection of the claim. The Buyer must immediately report the damaged shipment or damaged goods to the Seller.

3.     Additional terms of delivery

3.    The Buyer may exercise his right of withdrawal in paper form or in the form of a record on another durable medium (e.g. by e-mail). The withdrawal must be accompanied by proof of purchase of the Goods (invoice, cash receipt). The withdrawal must be sent to:

- to our registered office or

4.    The withdrawal period shall be deemed to have been complied with if the notice of withdrawal is sent by the Buyer no later than on the last day of the said period

5.   The Buyer is obliged t.o send the products back to the seller together with a copy of the tax document (invoice), respectively delivery note no later than 14 (fourteen) days from the date of withdrawal from the contract. The period for returning the products shall be deemed to have been maintained if the products were handed over for transport not later than the last day of the period. The costs associated with returning the products to the seller are borne by the Buyer. The products must be delivered complete, including accessories, undamaged, preferably in the original packaging, unopened and unused. The Buyer is responsible for the impairment of the products resulting from the handling of the products beyond what is necessary to determine the properties and functionality of the products. Withdrawal from the contract does not affect the consumer's obligation to pay the seller for the services provided to the consumer until the moment of withdrawal from the contract. The products must be sent by registered mail with insurance (cash on delivery will not be accepted by the seller). Shipping costs are borne by the Buyer.

6.    The seller is obliged without undue delay, no later than 14 (fourteen) days from the date of delivery of the Buyer's notice of withdrawal from the contract to return to the Buyer all payments received from him under the contract or in connection with the contract. The seller is obliged to return the payments to the Buyer in the same way as the Buyer used in his payment. The seller is not obliged to return the payments to the Buyer before the products are delivered to him or until the buyer proves that the products have been sent to the seller.

7.    In case of unauthorized withdrawal from the contract, the products will be returned to the buyer at his expense.

8.    If the products are returned to the seller in a condition other than intact (with the exception of a reduction in the value of the products as a result of treating the products in the manner necessary to ascertain the nature, characteristics and functionality of the products), the Buyer is responsible for the damage caused to the products and is obliged to reimburse in particular the costs associated with restoring the products to their original condition and the damage caused to the products. Reimbursement of these costs and damages will take place in such a way that the purchase price, which is returned by the seller to the Buyer in the event of withdrawal, is reduced by these costs and damages in a proportionate manner.

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  LIABILITY FOR DEFECTS, WARRANTY PERIOD, RETURN POLICY

1.    The Seller is responsible for defects that the products have when they are taken over by the Buyer and for errors that occur after the takeover during the warranty period. In the case of products sold at a lower price, the Seller is not responsible for the defect for which a lower price was agreed. The Seller is not responsible for defects of which the buyer was aware before taking over the products or caused himself.

2.    The warranty period for products purchased in the online store www.silviastredan.it or www.silviastredan.com is standard 24 (twenty-four) months for consumers, unless is otherwise specified for a specific product (in the case of cosmetic products, the shelf life is indicated on the packaging of the specific cosmetic product). The warranty period begins on the day the products are taken over by the Buyer. The evidence of sale is an invoice, which also serves as a guarantee certificate. The products, which are a cosmetic products, are always delivered at least 3 (three) months before the end of the shelf life stated on its packaging.

3.    Incomplete shipment or damage to the products must be reported to the seller within 48 hours from receipt of the products, later claims for incompleteness of the shipment or mechanical damage to the products may not be accepted.

4.    If the products are defective, the Buyer has the right to file a claim with the Seller by delivering the products together with the claim report to the Seller's address Biorealis, s.r.o., Komenského 13, 900 01 Modra. The Buyer is obliged to provide a description of the defect in the complaint. The claim procedure is initiated if all the following conditions are met:

a) delivery of the complaint to the Seller and at the same time
b) delivery of the claimed products to the Seller.

5.    The commencement of the complaint procedure is the date of the complaint. The products complained of must be delivered to the Seller.

6.    The Buyer is obliged to complain about defects in the products to the seller without undue delay.

7.    The Seller shall issue to the Buyer a confirmation of the claim in the form of an e-mail or in writing, in which he shall indicate the defects of the products and instruct the Buyer - consumer about his rights arising from the provisions of § 622 and § 623 of the Civil Code. The Seller shall be entitled to deliver to the Buyer the confirmation of the complaint settlement at the latest together with the proof of the complaint settlement.

8.   On the basis of the Buyer's decision which of its rights under the provisions of § 622 and § 623 of the Civil Code it claims, the Seller is obliged to determine the method of handling the complaint immediately, at the latest within 3 (three) days from the date of commencement of the complaint procedure. After determining the method of handling the claim, the Seller shall handle the claim as soon as possible, at the latest within 30 (thirty) days from the date of the claim. After the expiry of the period for processing the claim, the buyer has the right to withdraw from the contract or has the right to exchange the products for new products. The Seller shall inform the Buyer by e-mail or letter of the end of the complaint procedure and the outcome of the complaint.

9.     If the Buyer has made a claim for products within the first 12 (twelve) months from the conclusion of the contract, the Seller may reject the claim only on the basis of an expert opinion or an opinion issued by an authorized person. Irrespective of the outcome of the expert assessment of the Products, the costs of the expert assessment of the Products and other costs related to the expert assessment of the Products shall be borne by the Seller.

10.   If the Buyer has made a claim for the Products after 12 (twelve) months from the conclusion of the contract and the Seller has rejected it, the claim document shall indicate to whom the Buyer may send the products for their professional assessment. If the Buyer sends the products to the person indicated in the document of complaint handling for their professional assessment, the costs of the professional assessment of the products as well as all other costs shall be borne by the Seller regardless of the result of the professional assessment of the Products. If the Buyer proves the Seller's liability for the claimed defect of the products by the professional assessment of the products, the Buyer may reassert the claim; during the professional assessment of the products, the warranty period shall not expire. The Seller is obliged to reimburse the Buyer within 14 (fourteen) days from the date of the re-claim for all costs incurred for the professional assessment of the products, as well as all related costs reasonably incurred. The Seller may not reject the resubmitted claim.

11.   The warranty does not cover errors and defects of which the buyer was notified by theSeller at the time of concluding the contract or of which, taking into account the circumstances under which the contract was concluded, the Buyer must haveknown.

12.    In the case of a defect in the products which can be fixed, the Buyer has the right to have such defect fixed free of charge, in a timely and proper manner. The Seller is obliged to fix the defect without undue delay. The Buyer may, instead of fixing the defect, request the replacement of the products or, if the defect concerns only a part of the products, the replacement of the part, if the Seller by this does not incur disproportionate costs due to the purchase price of the products or the severity of the defect. The Seller may, at his own discretion, always replace the defective products with not defective ones instead of fixing the defect, if this does not cause serious difficulties for the Buyer.

13.   In the case of a defect which cannot be fixed, and which prevents the products from being properly used as products without defects, the Buyer has the right to exchange the products or has the right to withdraw from the contract. The same rights belong to the Buyer in the case of fixable defects, but if the Buyer can not properly use the products due to the reoccurrence of the defect after repair or for a larger number of defects. In the case of unfixable defects that do not prevent the products from being used properly, the Buyer is entitled to appropriate discount from the purchase price.

14.    The Seller is not responsible for the defects of the products, if:

15.   The warranty does not cover normal wear and tear of the item (or parts thereof) caused by normal use.

16.   The seller is obliged to handle the complaint and end the complaint procedure by one of the following ways:

17.   The Seller is obliged to issue a written document to the buyer about the method of determining the method of handling the complaint and about the handling of the complaint no later than 30 (thirty) days from the date of filing of the complaint through the postal or courier or delivery service provider or via e-mail.

18.   For the purposes of a complaint, the occurrence of 1 (one) removable defect more than twice is considered as a repeated removable defect. For the purposes of the complaint, the occurrence of more than 3 (three) different removable defects at the same time is considered to be a larger number of different removable defects.

19. The Buyer is in accordance with Act no. 391/2015 Coll. on alternative dispute resolution (ADR) of Buyer disputes authorized to submit to the ADR body a proposal to initiate ADR, if the seller has rejected or has not commented within 30 (thirty) days from the date of dispatch of the request for remedy, on the basis of which the Buyer expresses his dissatisfaction with the way the Seller handled his complaint, or if the Buyer believes that the seller has violated his rights. The body of alternative dispute resolution (ADR) for e-commerce services www.silviastredan.com is the Slovak Trade Inspection, www.soi.sk. A consumer who has ordered the products and/or service offered in the Seller's e-shop may also submit an ADR proposal through the ADR platform which can be found on the website http://ec.europa.eu/odr.

20. Entrepreneurs as Buyers - natural and legal persons who enter into a contract in the course of their business activities, acknowledge that the conditions of responsibility for defects of products are governed by the Commercial Code and are different from the warranty conditions of the consumer.

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  INTELECTUAL PROPERTY

In accordance with generally applicable copyright and industrial property rights legislation, thewww.silviastredan.it or www.silviastredan.com website and the materials published on they (trademarks, texts, drawings, graphics, logos, etc.) are the exclusive property of Biorealis, s.r.o.. Their copying and publication without the prior consent of Biorealis, s.r.o. is prohibited.

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  FINAL PROVISIONS

1.    These GTC come into force on February 22, 2020. Biorealis, s.r.o. reserves the right to change these GTC;

2.    The seller is entitled to transfer all rights and obligations under these GTC and under the contract to third parties, the buyer is not entitled to transfer these rights.

3.    Failure of the Seller to exercise any right or claim under these GTC does not constitute a renunciation or waiver of these rights and the Seller is entitled to exercise such right or claim at any time;

4.   The Buyer, who is not a consumer, is not entitled to unilaterally set off his receivables against the seller's receivables against the Buyer. The Seller is entitled to unilaterally set off any of his receivables (due and outstanding) against any receivables of the buyer (non-consumer) against the Seller.

5.    The Seller is not liable for damages or possible non-compliance with obligations under the contract and these GTC if the damage or non-compliance with the obligation occurred without his fault as a result of an unavoidable and unforeseeable event (force majeure). For the avoidance of doubt, force majeure shall also be deemed to include, for example, any restrictions adopted or imposed by public authorities in connection with COVID-19.

6.    If any provision of these GTC should be invalid at the time of their issuance, or if it becomes invalid later, this does not affect the validity of other provisions of the GTC. Instead of invalid provisions of the GTC, the provisions of the Civil Code, the Commercial Code and other valid legal regulations of the Slovak Republic shall be used, which are closest in content and purpose to the content and purpose of the invalid provision of these GTC.

7.    For the delivery of electronic messages (e-mail) applies, that the electronic document is considered as delivered to the buyer by sending it to the recipient's e-mail box. For the delivery of documents applies, that the shipment shall be deemed to have been delivered even if the recipient refuses to accept it, or even if the recipient does not accept it due to his own fault or omission. In this case, it shall be considered as delivered after the expiration of the storage period at the post office in the duration specified by the sender and the return of the shipment to the sender, of which the sender must prove undamaged proof. Notifications delivered via courier - courier service will be considered as delivered at the moment of receipt by the recipient. In case of unsuccessful delivery by courier service, it will be considered as the moment of delivery on the 3rd (third) day after the first attempt of delivery, while the execution of the attempt of delivery will be proved by a declaration of the courier - courier service.

8.    The Seller reserves the right to change the wording of these GTC at any time, and the changes of these GTC take effect on the day of their publication on the website or from the date specified therein.

9.    Legal relations between the Seller and the Buyer, which are established by concluding the contract, are governed by the law of the Slovak Republic, unless it conflicts with mandatory standards of generally binding legal regulations. The Seller and the Suyer have agreed that their disputes will be decided by the competent courts of the Slovak Republic unless it conflicts with the mandatory standards of generally binding legal regulations.

Responsible person and contact: Silvia Stredanská, PhD.; +421 908 615 774