TERMS AND CONDITIONS
General
terms and conditions
BASIC PROVISIONS
1. These General Terms and Conditions (hereinafter referred to as "GTC")
govern legal relations, i.e. rights and obligations between the operator - the
seller, which is a business company Silke s.r.o., with registered seat at:
Kyjevská 4, 831 02 Bratislava - mestská časť Nové Mesto, Slovak Republic, ID:
50 195 816, VAT number: 2120217022, registered in Commercial Register
of District Court Bratislava I, section: Sro, file no.: 109548/B, e-mail: info@noilibeauty.com,
tel.: 0948 039 085 (hereinafter referred to as „seller“) and
customer - buyer, which arise in the sale of goods or in the provision of
services by the seller through the online store (e-shop) www.noilibeauty.com.
2. Customer – buyer can be any natural person capable of legal acts or a legal
person who expresses an interest in shopping on the website www.noilibeauty.com
(hereinafter referred to as „buyer“).
3. The parts of these GTC which regulate the rights of the buyer as a consumer
do not apply to a buyer who cannot be considered as consumer. The consumer is
exclusively a natural person who, when concluding and fulfilling a purchase
contract or order, does not act within the scope of its business activity, employment,
or profession.
4. The buyer, who is a consumer, is covered by protection under Act no.
250/2007 Coll. on consumer protection and on the amendment of the Act of the
Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no.
102/2014 Coll. on consumer protection in the sale of goods or provision of
services on the basis of a contract concluded at a distance or a contract
concluded outside the premises of the seller and on the amendment of certain
laws and other regulations governing the rights and obligations of the consumer.
5.
An inseparable part of these
GTC are also the Terms of Personal Data Protection, which you can find on this
address.
RECEIPT AND PROCessing OF THE ORDER, Purchase contract
1. A duly completed and sent buyer's order via the website www.noilibeauty.com
is an offer of purchase contract. The purchase contract itself is concluded
between the seller and the buyer at the time of delivery of a binding order
confirmation by the seller to the buyer, by which the seller expresses his acceptance
of the offer of purchase contract (hereinafter referred to as "contract").
The order confirmation will be sent to the buyer to the e-mail address
specified by the buyer in the order. Upon delivery of the confirmation e-mail
confirming the order by the seller, the order becomes binding for the seller
and the buyer and mutual rights and obligations arise from the contract between
the buyer and the seller.
2. By sending the order, the buyer confirms that:
a) it is, according to the valid legal regulations of the Slovak Republic, or
the country of its citizenship or residence, entitled to conclude a valid
contract with the seller;
b) if it sends the order as a representative of another person, it is validly
and effectively entitled to represent such person;
c) if it is necessary, it has the consent of the legal or other representative
to conclude the contract and confirm and accept these GTC;
d) it is able to comply with and fulfil all rules, conditions, obligations,
commitments, declarations and warranties set out in these GTC;
e) it is duly acquainted with the main characteristics of the products stated
in its description and, if the purchase also includes insurance of the products,
as well as with all conditions of providing this insurance, which are an
integral part of the contract and that it agrees with them in full;
f) it is duly acquainted with these GTC, including the return conditions, and
that it agrees with them;
g) it was sufficiently informed about these GTC and the return policy before
the actual execution and dispatch of the order and had the opportunity to
become properly acquainted with them;
h) it was duly informed and instructed of the possibility, conditions, time
limit, procedure, rights and obligations relating to withdrawal from the
contract;
i) all data and information stated in the order are correct.
3. The seller reserves the right not to confirm the buyer's order,
respectively cancel the buyer's order or its part before concluding the
contract if any of the ordered products:
a) is no longer manufactured or supplied, or
b) if the price of the supplied product has changed significantly, or
c) if it is not available or its delivery to the buyer is not possible for
other reasons.
In the event that any of the above mentioned situations occur, the seller
shall immediately inform the buyer about it. In the event that the buyer has
already paid part or all of the purchase price, the amount already paid will be
transferred back to the account of the buyer from which it was paid, within 14
(fourteen) days; in the case of payment by card, this period may be extended
due to the bank's procedure, in which case the contract will not be concluded.
4. For each product listed on the website www.noilibeauty.com, it is shown
whether the products are in stock. If the products are not in stock, the buyer
will be immediately informed about the delivery date. In the event that after
confirmation of the order by the seller it turns out that certain products cannot
be delivered (e.g. due to stock shortages), the buyer may be offered other
replacement products of the same type for the same or different price before
shipping the order. In the case of acceptance of the offer, the buyer will be supplied
with replacement products instead of the original ordered products, while, if
necessary, the purchase price of the order will be adjusted accordingly. Otherwise,
the ordered products will be delivered without this item and the purchase price
will be reduced accordingly, whereas if the buyer has already paid part or all
of the purchase price for such undelivered products, the amount already paid will
be transferred back to the buyer's account from which it was paid.
ORDER CANCELLATION
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@noilibeauty.com
or may notify the seller by telephone at the telephone number 0948 039 085. 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.
OBLIGATIONS OF THE SELLER
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.
PRICE
1. The price listed on the website www.noilibeauty.com for a specific product
is binding at the time of making of the order and shall include VAT.
2. If the price of the packaging is not part of the price of the products, the
buyer will be clearly informed of this before confirming the order.
3. The costs of delivery of products are charged to the buyer separately
according to the chosen method of delivery and delivery address and the buyer shall
be acquainted with them before confirming the order. The buyer can choose from
several delivery options for the ordered products, which will be made available
for him to choose from in the order, along with the price of the chosen method
of delivery. The amount of postage will be added to the total purchase price
before the confirmation of the binding order.
4. If the seller offers discount prices of products, these are valid until the
date of validity of the discount price specified for a particular product, and
the seller reserves the right to shorten the discount period in the event the discount
products are sold out.
5. In the event that the price of "0 €" appears on the online store
www.noilibeauty.com for any item, or if no price or other price appears that is
obviously and unjustifiably (e.g. it is not a discounted product) negligible
compared to the usual price of products (e.g. 1/10 of the usual price, etc.),
the seller is not obliged to deliver the products at this price and shall offer
the buyer the delivery of products at a proper price.
6. The seller reserves the right to change the price of products in cases of
significant changes in exchange rates and changes in prices at suppliers.
SUPERVISORY AUTHORITIES
Regional Office of Public Health Bratislava
Ružinovská
8, 820 09 Bratislava, Slovakia
Tel. no.
+421 2/43338 286, +421 917 426 111
Fax no. +421
2/43338 288
E-mail:
ruvzba@uvzsr.sk
Slovak
Trade Inspection
SOI
Inspectorate for the Bratislava Region
Bajkalská
21/A, P. O. BOX 5, 820 07 Bratislava, Slovakia
Supervision
Department
Tel. no.
+421 2/58 27 21 72, +421 2/58 27 21 04
Fax no.
+421 2/58 27 21 70
TERMS OF PAYMENT
1. Payment of the purchase price for the ordered products may be made by the
buyer in a manner made available for this purpose by the seller, in particular:
a) in cash upon receipt of the shipment (cash on delivery at the post office
or courier) ‒ cash on delivery is only possible when delivering products within
Slovakia;
b) by VISA, MasterCard or Maestro credit card via the Besteron payment portal;
c) by transfer to an account;
d) by direct deposit into an account.
terms of delivery
Delivery method
1. The products are primarily sent to the buyer by courier service, but the
seller is entitled to add other methods of delivery of products (e.g. at the delivery
point, etc.). In such case, the seller will publish information about the new
method of delivery on the website of the online store www.noilibeauty.com or by
change of these GTC.
Place of delivery
1. The ordered products will be delivered to the place specified by the buyer
in the order. The seller reserves the right not to allow delivery outside the
territory of the Slovak Republic, in such case, the buyer will be informed
about the cancellation of his order, and if the buyer has already paid part or
all of the purchase price, this amount already paid will be transferred back to
the buyer's account.
2. The seller's obligation to deliver the products is considered fulfilled
even if the buyer does not take over the products at the agreed time and on the
agreed place, respectively refuses to accept the products. In the event that
the buyer does not take over the products and the products are returned, the
seller has the right to withdraw from the contract and demand from the buyer
reimbursement of the costs associated with sending and returning the products.
Time of delivery
1. For each product, a delivery period is indicated, which determines the
number of working days from the conclusion of the contract, the seller usually
sends the products. The delivery dates stated on the website
www.noilibeauty.com are for information purposes only.
2. If the ordered products are in stock and the buyer has chosen to pay in
advance directly to the account, the seller will send the ordered products immediately
upon receipt of payment (on working days). If the ordered products are in stock
and the buyer has chosen cash on delivery or the buyer has successfully paid
the purchase price by credit card, the seller will send the ordered products to
the buyer on the next working day after order confirmation.
3. In the event that the seller will not be able to meet the delivery date for
any reason (e.g. if the ordered products are not in stock, etc.), the seller shall
inform the buyer without undue delay and shall state the expected delivery date.
If the seller does not secure the products even within the additional delivery
period notified to the buyer, the buyer has the right to withdraw from the
contract. The buyer agrees to extend the delivery period of individual products
in the event that it is not possible to deliver all the ordered products within
the agreed period.
4. The buyer is informed about the dispatch of the products by telephone or
via e-mail, which the buyer stated in the order. If necessary, the seller or
delivery person will inform the buyer about the exact time of delivery of the products,
whereas the buyer and seller may agree on other than the proposed delivery time.
Additional terms of delivery
1. Delivery may also be subjected to a special transport regulations of the delivery
carrier, in which case the transport regulations will be accessible to the
buyer before confirming and sending the order.
2. The ordered products will usually be delivered to the buyer in one
shipment, but the seller is also entitled to deliver the products to the buyer
in multiple shipments within the delivery period according to the concluded
contract.
3. The seller undertakes to send the buyer the ordered products in the
shortest possible time and packed in such a way to minimize the risk of damage
of the delivery during transport. Upon receipt of the delivery, the buyer is
obliged to check whether the packaging is not damaged and whether the products are
free of defects.
4. The seller is not responsible for damage and/or delay of the delivery of products
caused by the delivery carrier (i.e. by post, courier company, etc.),
incorrectly entered delivery address of the buyer in the order or force majeure.
5. If the package is visibly damaged or if the protective tape is broken, the buyer
is obliged to file a complaint directly with the carrier. The seller is not
responsible for damage caused during transport.
WITHDRAWAL FROM THE CONTRACT by the buyer who is
CONSUMER
1. If the buyer is a consumer, it has the right to withdraw from the contract
concluded at a distance through the online store www.noilibeauty.com within 14
(fourteen) days from the date of receipt of the products or the conclusion of
the contract for the provision of electronic content, without giving a reason
and without penalties. The right to withdraw from the contract can be used by
the buyer also before taking over the products.
2. The withdrawal form is
available on the website of the online store www.noilibeauty.com. The address
for delivery of products in case of withdrawal from the contract by the buyer -
consumer is Silke s.r.o., Údernícka 11 – Acord building, 851 01 Bratislava,
Slovakia.
3. The buyer is obliged to exercise the right to withdraw from the contract
with the seller by written notice (by filling the withdrawal form), in paper
form or by e-mail to the address: info@noilibeauty.com. The period for
withdrawal from the contract is considered to be maintained if the notice of
withdrawal is sent no later than the last day of the period. Withdrawal
terminates the contract from the beginning. The buyer may also withdraw only in
relation to part of the contract, i.e. to a separate product, in which case the
contract is terminated in this part.
4. The buyer is obliged to 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.
5. The consumer may not withdraw from the purchase contract the subject of
which is:
a) the sale of products which are
subject to rapid quality reduction or destruction;
b) the sale of products which, by
their nature, may, after delivery, be inseparably mixed with other products;
c) the provision of the service,
where the provision of the service began with the express consent of the
consumer and the consumer has stated that he has been duly informed that, by
giving his consent, he loses the right to withdraw from the contract after full
provision of the service, and if the full provision of the service has taken
place;
d) the sale of products made
according to the consumer's specific requirements, custom-made products or products
intended specifically for a single consumer;
e) the sale of products enclosed
in protective packaging which cannot be returned for health or hygiene reasons
and whose protective packaging has been broken after delivery;
f) the sale of phonograms, image
recordings, audio - visual recordings, books or computer software sold in
protective packaging, if the consumer has unpacked the packaging;
g) the sale of periodicals, with
the exception of sales under a subscription agreement and the sale of books not
supplied in protective packaging;
h) the provision of electronic
content other than on a material carrier, where such provision has begun with
the express consent of the consumer and the consumer has stated that he has
been duly informed that, by giving his consent, he loses the right of
withdrawal.
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 its 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.
LIABILITY FOR DEFECTS, WARRANTY PERIOD and Product COMPLAINTS
by the buyer who is CONSUMER
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.noilibeauty.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 show defects, the buyer has the right to file a complaint
with the seller, by delivering the products together with the complaint form to
the seller's address Silke s.r.o., Údernícka 11 – Acord building, 851 01
Bratislava. The complaint form is published on the seller's website. The buyer
is obliged to state a description of the defect in the complaint form. In the
case of selected products, the buyer may also file a complaint with a person
authorized by the manufacturer of the products to perform warranty repairs
(hereinafter referred to as "warranty service"), the list of
which is published on the seller's website. The complaint procedure begins when
all of the following conditions are met:
a)
delivery of the completed complaint form to the seller; and simultaneously
b)
delivery of the complained products to the seller.
5. The beginning of the complaint procedure is the day of the complaint. The
complained products must be delivered to the seller, unless the seller has
entrusted the warranty service with handling the complaint, in this case, the
buyer can deliver the products and the complaint form directly to the warranty
service.
6. The buyer is obliged to complain about defects in the products to the
seller without undue delay.
7. The seller or warranty service shall issue to the buyer a confirmation of
the complaint in the form of e-mail or in writing, stating the indication of
the defect of the products and instructing the buyer - consumer about his
rights arising from the provisions § 622 and § 623 of the Civil Code. The
seller is entitled to deliver to the buyer a confirmation of the complaint no
later than together with a document about the handling of the complaint.
8. Based on the decision of the buyer, which of its rights in the sense of §
622 and § 623 of the Civil Code he claims, the seller or warranty service is
obliged to determine the method of handling the complaint immediately, in more
complex cases within 3 (three) days from the beginning of the complaint
procedure, in justified cases, especially if a complex technical assessment of
the condition of the products is required, no later than 30 (thirty) days from
the day of the beginning of the complaint procedure. After determining the
method of handling the complaint, the seller or warranty service will handle
the complaint immediately, in justified cases later. However, the handling of
the complaint may not take longer than 30 (thirty) days from the date of filing
the complaint. After the expiration of the period for handling the complaint,
the buyer has the right to withdraw from the contract or has the right to
exchange the products for new products. The seller informs the buyer by e-mail
or letter about the ending of the complaint procedure and the result of the
complaint.
9. If the buyer has filed the complaint of the products during the first 12
(twelve) months from the conclusion of the contract, the seller may handle the
complaint by rejecting it only based on an expert opinion or opinion issued by
an authorized person or warranty service, which is a person determined by the
manufacturer to perform service (hereinafter referred to as "expert assessment
of the products"). Irrespective of the result 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 filed a complaint of the products after 12 (twelve) months
from the conclusion of the contract and the seller has rejected it, in the
document about the handling of the complaint shall be stated to whom the buyer
can send the products for expert assessment of the products. If the buyer sends
the products for expert assessment of the products to the person specified in
the document about the handling of the complaint, the costs of expert
assessment of the products, as well as all other related reasonably incurred
costs shall be borne by the seller, regardless of the result of the expert
assessment of the products. If the buyer proves by expert assessment of the
products the liability of the seller for the complained defect of the products,
the buyer may refile the complaint; the warranty period does not expire during
the expert assessment of the products. The seller shall reimburse the buyer
within 14 (fourteen) days from the date of the refiled complaint all costs
incurred for the expert assessment of the products, as well as all related reasonably
incurred costs. The seller cannot reject the refiled complaint.
11. The warranty does not cover errors and defects of which the buyer was
notified by the seller at the time of concluding the contract or of which, taking
into account the circumstances under which the contract was concluded, the
buyer must have known.
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:
a) the warranty period of the products
has expired;
b) the buyer caused the defect of
the products himself (e.g. due to incorrect storage, mechanical damage of the products
caused by the buyer, etc.);
c) the buyer knew about the
defect of the products before taking over the products, respectively the buyer
was explicitly and clearly notified about the defect, and if a discount from
the purchase price of the products has been granted because of the defect of
the products;
d) the defect arose as a result
of wear and tear of the products caused by incorrect or excessive use of the products;
e) the protective seals on the products
have been broken;
f) the defect of the products was
caused by the intervention of an unauthorized person in the products or their
parts;
g) the defect of the products was
caused by the use of the products in conditions that do not correspond to their
humidity, chemical and mechanical influences to the natural environment;
h) the defect of the products was
caused by the use of the products by the buyer in conflict with technical
standards or safety regulations valid in the Slovak Republic;
i) the defect in the products or
their damage occurred after the products were taken over by the buyer as a
result of unavoidable and/or unforeseen events and/or damage of products by
accidental destruction and accidental deterioration;
j) the defect of the products was
caused by unprofessional intervention, damage during transport, damage by
water, fire, static or atmospheric electricity or other force majeure;
k) the defect of the products was
caused by intervention to the products by an unauthorized person.
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:
a) by handing over the repaired products;
b) exchange of products;
c) by returning the purchase
price of the products;
d) by paying an appropriate
discount from the price of the products;
e) a written request to take over
the fulfilment specified by the seller;
f) by reasoned rejection of the complaint
of the products.
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 consumer is in accordance
with Act no. 391/2015 Coll. on alternative dispute resolution (ADR) of consumer
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 consumer
expresses his dissatisfaction with the way the seller handled his complaint, or
if the consumer believes that the seller has violated his rights. The body of
alternative dispute resolution (ADR) for e-commerce services www.noilibeauty.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. Buyers - entrepreneurs - 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.
INTELLECTUAL PROPERTY
1. In accordance with generally binding legal regulations governing copyright
and industrial rights, the website www.noilibeauty.com and the materials
published on it (trademarks, texts, drawings, graphics, logos, etc.) are the
sole property of Silke. Their copying and publishing without Silke's prior
consent is prohibited.
FINAL PROVISIONS
1. These GTC come into force on March 30, 2021. Silke 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, any
restrictions adopted or imposed by public authorities in relation to COVID-19
disease shall also be considered as force majeure.
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 www.noilibeauty.com 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 buyer 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.
Thank
you for the time you spent reading these GTC.
Responsible
person and contact:
MUDr. Zuzana Gyárfášová
gyarfasova@noilibeauty.com
+421 948 039 085