General terms and conditions
General terms and conditions
1. General provisions and definition of terms
1.1 These general terms and conditions (hereinafter referred to as "GTC") apply to business relations between the buyer and the seller concluded through the system of the electronic store barefootky.sk (hereinafter referred to as the "e-shop").
1.2 GTC regulate the rights and obligations of participants in a purchase contract concluded remotely through the e-shop barefootky.sk. The rights and obligations of the parties to the purchase contract are governed by the legal regulation of the purchase contract according to section § 588 et seq. in connection with paragraph § 612 et seq. Act No. 40/1964 Coll., Civil Code.
1.3 The seller in the e-shop barefootky.sk is LIMIS, s.r.o., Domaniža 490, 018 16 Domaniža, ID 50 097 920 (hereinafter referred to as "operator" or "seller")
1.4 A buyer in the barefootky.sk e-shop is a natural or legal person who submitted an electronic order through the barefootky.sk e-shop.
1.5 Electronic order means an electronic form sent, containing information about the buyer, a list of ordered goods from the e-shop offer and the price of these goods, processed by the e-shop system or an e-mail sent to the seller's address.
2. Order
2.1 The condition for the validity of an electronic order is the true and complete filling in of all the required data and details in the registration form.
2.2 All received electronic orders are considered a draft contract and are considered binding.
2.3 The purchase contract, on the basis of which the sale of goods is carried out by the seller to the buyer, is created on the basis of a binding confirmation of the order. An order (or part of it) confirmed by the seller's e-mail is considered binding for both parties, if there is no violation of the conditions agreed upon at the time of confirmation, and then the relationship between the buyer and the seller also arises.
2.4 The content of the order (exact specification of the goods and their number), the price for the goods and transport, the method of delivery, the method of payment for the goods are considered essential conditions.
3. Order cancellation
3.1 Cancellation of the order by the buyer
The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation by the seller. After the binding confirmation of the order, only after mutual agreement with the seller. In case of cancellation of the confirmed order, the buyer is obliged to reimburse the seller for the damage caused by this transaction. The seller will exercise the right to compensation for damage mainly in the case of the purchase of goods "to order", which had to be procured at the request of the customer or in the event that demonstrable costs have already been incurred in connection with securing the goods. The cancellation fee can be up to 50% of the total price of the goods.
3.2 Cancellation of the order by the seller
The seller reserves the right to cancel the order or part of it in the following cases:
- in the event that the order could not be confirmed bindingly (incorrect phone number, e-mail, the buyer is unavailable, does not respond to e-mails, etc.)
- in the event that the buyer chose the method of payment to the account and did not make the payment within 5 calendar days,
- in the event that the buyer did not take delivery of the goods in the past or violated the terms and conditions in another way,
- the goods are no longer produced or supplied or the price of the supplier of the goods has changed significantly. If this situation occurs, the seller will immediately contact the buyer in order to agree on the next procedure. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address within 14 calendar days.
4. Withdrawal from the purchase contract (mail order)
4.1 The buyer has the right in accordance with the Consumer Protection Act no. 102/2014 Coll. withdraw from the purchase contract within 14 days of receiving the goods. In the case of exercising this right, the buyer is obliged to comply with the conditions and procedure specified in point 4.2. GTC.
4.2 If the buyer decides to withdraw from the contract within the period specified in point 4.1, he is obliged to comply with the following conditions:
- contact the seller by email or in writing with a request to withdraw from the contract, stating the order number, name and surname, date of purchase and your account number for a refund, or by filling out the withdrawal form. Another option is to fill out the return on the back of the invoice.
- if the buyer has already received and accepted the goods, he will send them back to our address Limis s.r.o., Domaniža 490, 01816 Domaniža, under the following conditions:
- the goods must be packed so that they are not damaged during transport (we recommend using the original packaging in which the goods were delivered)
- the goods must not be used
- the goods must be undamaged
- the goods must be complete (including the package leaflet and similar)
- an invoice or other proof of purchase must be sent together with the goods
- to speed up the process, we recommend filling out the return form on the back of the invoice.
We recommend sending the goods by registered mail and insuring them, as we are not responsible for their possible loss on the way from the seller to the buyer. Cash on delivery shipments will not be accepted. After fulfilling all the above conditions, the buyer will return to the seller the payment for the goods and delivery from the seller to the buyer (only in the amount of the cheapest regular delivery method offered by the seller and only if all the goods are returned, not only some item).
The direct costs of returning the goods are borne by the buyer. The buyer is responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the nature, properties and functionality of the goods. In the event that the returned goods are damaged, used, worn or incomplete, the operator may return the purchase price to the customer reduced by the value of the damage or wear of the goods in question, in the amount of min. 1% of the total price of the goods (in accordance with the relevant provisions of § 457 of the Civil Code).
5. Price conditions
5.1 The price of the products represents the price including VAT of 20%. We are VAT payers.
5.2 The prices of postage and packaging are listed in point 6
5.3 The buyer has the option to pay in the following currencies: EUR
6. Postage and packaging
6.1 The seller does not charge for packaging.
6.2 The price of postage is stated including VAT and is determined from the total amount of the order after applying all discounts as follows:
Slovakia delivery:
- €3.50 - delivery by GLS courier - payment in advance (by bank transfer, payment card, online immediate payment)
- €4.50 - delivery by GLS courier - payment on delivery
EU delivery: various - delivery by post/courier (depending on the country) - payment in advance (by bank transfer, payment card, online immediate payment) We do not send cash on delivery abroad.
7. Payment terms
7.1 One-time transfer from the account to the seller's bank account specified in the email notification.
7.2 Payment of cash on delivery upon receipt of goods at the post office/courier.
7.3 Payment through the GoPay payment gateway (Instant payment, Card payment).
7.4 If the price for the delivered products is not paid in full, the seller has the right to suspend further deliveries of goods until the price is paid.
8. Delivery conditions
8.1 Deliveries of the subject of performance (ordered goods) will be dispatched as soon as possible, depending on the availability of products and the seller's operational capabilities. For goods in stock, usually within 2 working days after confirmation of the cash on delivery order. When paying in advance (by bank transfer, payment card, online instant payment) usually within 2 working days after crediting the payment to the account.
8.2 Each customer is informed of all changes in the status of the order by email notification.
8.3 The goods are delivered via Slovak Post or by a courier company to the address specified by the customer in the order. Delivery usually takes 2-5 working days via Slovak Post, 1-2 working days via courier company. The shipment always includes an invoice.
8.4 Ownership of the products is transferred to the buyer upon acceptance and payment of the purchase price.
9. Liability for errors on the website www.barefootky.sk
9.1 The seller warns that the information provided on www.barefootky.sk is partly taken from third parties, may contain inaccuracies and may be updated without prior notice.
9.2 The seller may change the products and services described on his website at any time without prior notice and does not guarantee the material accuracy of their content.
9.3. The seller is not liable to another party for direct, indirect or special damages caused by the use of information from its own or linked websites.
10. Protection of personal data
10.1 In connection with the introduction of new legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (general regulation on data protection) (hereinafter referred to as "GDPR") and implementing measures to ensure compliance of Limis s.r.o. with the GDPR as well as with related relevant legal regulations governing the protection of personal data (e.g. Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts, decrees of the Office for the Protection of Personal Data of the Slovak Republic), the general information obligation regarding the protection of personal data customers can find data on the website https://www.barefootky.sk/general-terms-and-conditions/gdpr/
11. Complaints procedure
11.1 A warranty period of 24 months applies to all goods sold through the barefootky.sk e-shop. The warranty applies to material and manufacturing defects that occurred during the warranty period while observing the correct use and care of goods purchased through the barefootky.sk e-shop. A defect is understood as a change in the property of the goods, which limits its further use, while the defect did not arise as a result of its wear, misuse, insufficient or inappropriate treatment, as a result of natural changes in the materials from which the goods are made, as a result of intentional or unintentional damage, non-observance of the method use and mechanical damage.
11.2 The buyer sends a description of the error and photo documentation by email to info@barefootky.sk After email confirmation, he sends the claimed goods together with a copy of the invoice and a completed return on the back of the invoice to the address: Limis, s.r.o., Domaniža 490, 01816 Domaniža. The day of delivery of the goods to the seller is considered the day of application of the claim. The seller confirms receipt of the complaint by email and informs the buyer as soon as possible about the method of handling the complaint - no later than 30 days after receiving the complaint.
The seller will handle the complaint no later than 30 days after receiving it, in one of the following ways:
- by correction, if it is a recoverable error,
- in exchange for new goods by agreement with the buyer,
- by withdrawing from the contract and returning the funds to the buyer.
In the event that the claim is not resolved within 30 days, the buyer has the right to immediately withdraw from the contract and return the funds for the claimed goods. The seller will send the buyer an opinion on the handling of the claim by email. In the event of a recognized claim, the buyer has the right to reimbursement of postal costs for delivery of the claimed goods to the seller.
11.3 If the buyer is not satisfied with the handling of the claim or other actions of the seller, § 24 para. 1 letter a) of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, the right to submit an initiative to initiate an alternative resolution of one's dispute. The list of entities is available at the following address http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/
12. Loyalty program
For each purchase, the registered buyer has the opportunity to receive points that can be used as a discount in the next order. Points are added to the buyer's account at the moment the order is shipped.
- 1 EUR paid = 1 point
- registration on the website www.barefootky.sk = 10 points
- 1 point = 0.02 EUR discount in the next order
The discount cannot be paid in cash or without cash. It can only be used when sending the next order. In case of withdrawal from the contract (return of goods), the customer's point account will be reduced by a value corresponding to the equivalent of the price of the goods.
13. Final regulations
The operator reserves the right to change these GTC. The obligation of written notification of changes to the General Terms and Conditions is fulfilled by placing them on the store's website. These GTC are valid from 01/05/2019 and fully replace the previous GTC. The operator reserves the right to change the GTC even without prior notice.