Business Terms and Conditions

Business Terms and Conditions

General provision

These business terms and conditions apply to online purchase on www.eshop.digitalartforce.com, operated by company Digital Art Force s. r. o., with the registered office at J. Murgaša 1325/43, Michalovce 071 01, BIN: 45249172, registered in the Register of Companies of District Court Košice 1, file no.: 24480/V, e-mail: info@digitalartforce.com, phone no.: +421918875780

The operator is not a VAT payer.

These business terms and conditions are part of the concluded purchase contract between the buyer and seller. All contractual relationships are entered into in compliance with the Slovak law. If a consumer is a party to the contract, the relationships not regulated herein are governed by Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on consumer protection, Act No. 102/2014 on consumer protection in doorstep and distance selling, Act No. 22/2004 Coll. on electronic commerce as amended. If an entrepreneur is a party to the contract, the relationships not regulated herein are governed by Act No. 513/1991 Coll. as amended.

Definitions

Consumer contract means each contract disregard of the legal form, concluded by and between the supplier and consumer.

Supplier (seller) means person/company acting within his/her/its business purpose upon the performance and concluding of consumer contract. For www.eshop.digitalartforce.com seller is Digital Art Force s.r.o.

Buyer – consumer means natural or legal person purchasing products or using services for his/her/its own needs or needs of the persons of his/her household.

Buyer – entrepreneur means legal person acting within its business purpose and purchasing products or using services for the purposes of its business activities and for the purpose of their resale or trading.

Order placing and purchase contract concluding

Buyer is to select a product from the current offer displayed on web site www.digitalartforce.com, confirm the selection by clicking on “Buy”, by which the product is automatically added to “Cart”. Upon termination of buying, buyer is to click on icon “Cart“, then select the manner of payment and fill-in the information necessary to complete the order (registration, personal information, address, etc.), then confirm the order.

Orders placed via web site www.digitalartforce.com are binding. By the order sending, buyer confirms that he/she has read the business terms and conditions and agrees therewith.

Display of the offered goods on web site www.digitalartforce.com is the contract proposal, by the order sending by buyer and order receipt by seller, the contract is concluded. Seller is to immediately confirm the order to buyer’s e-mail address. However, the order confirmation does not affect the contract. A so concluded contract must not be unilaterally modified.

Information about individual steps leading to the contract concluding are contained herein and buyer is always allowed to check and/or modify his/her order prior to the order sending.

The contract is concluded in Slovak language; if there are no impediments on the part of buyer or seller, the contract may be concluded in other language understandable by both parties.

Order cancellation

Orders can be cancelled without sanctions until the goods are dispatched, otherwise the procedure which applies in the event buyer fails to collect a delivery will apply.

Prices

The prices for products include the value-added tax (VAT) and all other taxes. Consumers have the possibility to verify the period during which the offer and displayed price are binding on seller.

The final price is provided in the order form immediately before the order sending, including VAT and/or all other taxes and fees (fee for packaging, delivery fee…) to be paid by consumer to receive the product or service. Seller is not authorized to unilaterally modify the final price.

Payment terms

The purchase price is to be paid by buyer to operator in/by:

payment card via payment gateway BESTERON (EUR 0)

For details about the payment terms, click here

Delivery terms

Customer will receive a link via email where digital product can be downloaded. It will be valid for only 1(one) download.

Warranty (warranty letter)

The warranty period is 24 months and starts to run on the day when buyer collects the delivery. If a period of use is marked on a sold item, item packaging or user manual, the warranty period shall not expire prior to the expiry of that period of use.

Upon buyer’s request, seller is obliged to provide buyer with a written warranty (warranty letter). A payment receipt may be issued instead of warranty letter if the nature of the item allows that.

The warranty letter contains the identification data of seller (name and surname, trade name, registered office or place of business), scope of warranty and conditions, warranty period and information necessary to exercise a warranty claim. Even if the warranty letter does not contain all the required elements, the warranty shall remain unaffected.

Seller may provide a warranty exceeding the scope of statutory warranty by a statement in the warranty letter issued to buyer, or in an advertisement. The conditions and scope of such warranty are to be determined by seller in the warranty letter.

The warranty does not apply to regular wear and tear, mechanical damage, etc.

Compliance with purchase contract

The quality, amount, volume or weight of sold items must correspond to the requested quality, amount, volume or weight and/or quality, amount, volume or weight, stipulated by the legal regulations. The sold items must be free of defects and comply with the binding technical standards. If it is necessary to observe special rules upon the use of an item, in particular if the use is regulated by user manual or technical standard, seller is obliged to inform buyer about the special rules, unless the rules are generally known. If seller fails to fulfill this obligation, it is obliged to compensate damage incurred as a result of that failure.

Non-collection of ordered delivery

In the event a delivery, which is the subject of purchase contract concluded following an order of buyer placed via www.digitalartforce.com, is not collected, seller is entitled to compensation of damage from buyer, amounting to the necessarily paid costs in relation to the performance of the concluded purchase contract.

Goods collecting

Buyer which is not a consumer is obliged to accept the ordered goods, check whether the packaging is undamaged and delivery shows no clear signs of defect. If defects are uncovered, it is necessary to prepare a record of/protocol on defects with the courier; if buyer uncovers damage or other defects after accepting the delivery, buyer is obliged to immediately inform seller about that fact. If buyer fails to observe this procedure, seller may refuse to accept buyer’s claim.

Buyer – consumer is recommended to observe the procedure provided above, however, if buyer – consumer fails to observe it, his/her/its right to exercise a claim remains thereby unaffected.

If a delivery is damaged, buyer shall reject it and prepare a protocol with the delivering company.

Claims and claims exercising

Seller is liable for defects to goods upon the collection of goods by buyer.

If a defect can be removed, buyer is entitled to free and due removal thereof. Seller is obliged to remove the defect without undue delay. Buyer may request a replacement of items instead of defects removal, or if the defect occurs on a part of the item only, replacement of that part, if seller thereby does not incur unacceptable costs with regard to the price of goods or seriousness of defect. Seller may always replace items instead of defects removing if the removal does not lead to serious problems on the part of buyer.

If a defect cannot be removed and if it impedes the due use of the item, buyer is entitled to replacement of the item or authorized to withdraw from the contract. Buyer shall have the same rights also in the event defects are removable but buyer cannot use the item because a defect recurs after the removal thereof or the item has few simultaneous defects impeding the due use of it. In the event of other irremovable defects, buyer is entitled to an appropriate discount.

Seller is obliged to determine the manner of claims handling immediately, in complex cases no later than on the 3rd working day of the day of the claim exercise, in justified cases, in particular if a complex technical assessment of the product or service condition is required, no later than on the 30th day of the day of the claim exercise. Once the manner of claim handling is determined, the claim shall be handled immediately, in justified cases, a claim may be handled later; however, a claim handling must not exceed 30 days of the day of the claim exercise. When the period of claim handling expires, consumer is authorized to withdraw from the contract or entitled to have the product replaced by a new one. The period from the exercise of the right derived from liability for defects until the end of the claim handling procedure (handing the repaired product over, written call for the collection of repaired product or justified rejection thereof) is not included in the warranty period. If an item is replaced by a new one, the new warranty period shall start to run from the day of the item collection.

If consumer exercises a claim during the first 12 months of the purchase, seller may reject the claim only following an expert opinion; disregard of the result of expert opinion, consumer must not bear the costs of expert opinion or other costs related thereto.

If consumer exercises a claim after the first 12 months of the purchase and if seller rejects the claim, seller is obliged to state, in the claim-handling documentation, to whom consumer may send the product for expert opinion. If the product is sent to an appointed person for expert opinion, the costs of expert opinion and all other related purposefully paid costs shall be borne by seller disregard of the result of expert opinion. If consumer proves, on the basis of expert opinion, that seller is liable for the defect, consumer may exercise the claim again. The warranty period shall not run during the period of expert assessment. Seller is obliged to reimburse to consumer all the costs of expert opinion and all other related purposefully paid costs within 14 days of the claim exercise. A re-exercised claim must not be rejected.

Upon a claim exercise, seller is obliged to issue a confirmation of claim (claim protocol). If a claim is exercised using the means of distance communication, seller is obliged to send a confirmation of claim to consumer immediately, if that is impossible, then without undue delay, together with the claim-handling documentation at the latest; a confirmation of claim does not have to be delivered if consumer has the possibility to prove the claim exercise otherwise.

Buyer is entitled to reimbursement of costs necessarily incurred in relation to the exercise of rights derived from liability for defects.

Withdrawal from contract

Consumer is authorized to withdraw from the contract without stating the reason within seven working days of the goods collection or contract on the provision of service concluding.

The contract expires from the beginning by consumer’s withdrawal therefrom. Seller is obliged to take the goods back or not to continue to provide the service, return the entire purchase price paid by consumer for the goods or services or advance payment, including costs (delivery fee) paid by consumer in relation to the goods or services ordering to consumer no later than on the 30th day of the withdrawal from contract. Consumer shall bear the costs related to the goods return only if the product fully complies with the quality requirements and is free of defects. Consumer shall send a withdrawal notice to the address of the registered office of seller:

Digital Art Force s. r. o.

Murgaša 1325/43

Michalovce 071 01

E-mail: info@digitalartforce.com

Unless otherwise agreed on by seller and consumer, consumer must not withdraw from a contract, subject of which is:

a) service providing, which started with consumer’s consent prior to the expiry of the withdrawal period,
b) sale of goods or providing of services, price of which depends on the fluctuation of prices on the financial market, which cannot be affected by seller,
c) sale of goods manufactured according to consumer’s special requests or sale of goods particularly destined for one consumer, or goods which cannot be returned with regard to their properties, or goods prone to spoilage,
d) sale of audiovisual work, sound recordings or sound-visual recordings of art performance or multimedia work, casing of which consumer opens,
e) sale of newspapers, magazines and periodic press,
f) lottery and similar games.
i) providing virtual content(such as .pdf files etc) provided on other than physical medium, if usage of the content was agreed upon by customer and customer was appropriately informed about loosing his rights for contract cancellation.

Protection of personal information

Information about customers are processed in compliance with Act No. 428/2002 Coll. on the protection of personal information as amended. By the contract concluding, buyer gives his/her/its consent to the processing and gathering of personal information in the operator’s database until the consent is revoked in writing, by a letter of revocation delivered to the address of seller’s registered office or e-mail address of seller: info@digitalartforce.com. The operator does not submit buyers‘ personal information to any other person, apart from external transport providers, who/which are provided with the personal information in order to perform the order, i.e. deliver the goods to buyer.

Concluded contracts are archived by seller and available to buyer when buyer signs in to the user interface.

Supervising body

The Slovak Trade Inspection, Košice Slovak Trade Inspection Inspectorate, Vrátna 3, 043 79 Košice 1, department of technical products control and consumer protection and legal department, phone no.: 055/6220 781, fax no.: 055/6224 547, is the body supervising the observance of seller’s obligations vis-à-vis consumers.

Final provisions

These business terms and conditions apply in the wording displayed on web site www.eshop.digitalartforce.com as of the day of the order placing by buyer, who/which accepts them without reservations by checking the relevant box upon the order confirmation.

The operator reserves the right to modify and amend the business terms and conditions.

These business terms and conditions are valid and effective from July 26, 2013.

These business terms and conditions were discussed with unincorporated association SOS – consumer protection (www.ochrana-spotrebitela.sk),

which is the operator of web site www.obchodne-podmienky.sk.

That is confirmed by the awarded certificate and logo of SOS.

For any queries related to the business terms and conditions, contact SOS at info@obchodne-podmienky.sk.

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