Article 1: Introductory provisions
These general terms and conditions (hereinafter referred to as "GTC") regulate the rights and obligations of Gingear International s.r.o., with its registered office at Nevädzová 6F, 821 01 Bratislava, Slovak Republic, Business ID No.: 55560890, Tax ID No.: 2122031483, registered in the Commercial Register of the District Court Bratislava III, section: Sro, entry no.: 170737/B (hereinafter referred to as the "Seller") and the buyer (hereinafter referred to as the "Buyer") when purchasing goods offered by the Seller through an electronic store on the website www.badassleather.eu (hereinafter referred to as the "E-shop"), and they are an integral part of the purchase agreement concluded between the Buyer and the Seller remotely through the E-shop (hereinafter referred to as the "Purchase Agreement").
These GTC apply to the purchase of goods ordered through the E-shop. All relationships between the Buyer and the Seller that are not governed by these GTC are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended. If the Buyer is a consumer, the relationships not regulated by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code, as amended, Act No. 250/2007 Coll. on Consumer Protection, and Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside Business Premises.
The term "Buyer" shall mean a natural person or a legal entity that orders goods electronically through the E-shop.
A buyer means:
- A natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his/her business or other entrepreneurial activity (Section 52 (4) of Act No. 40/1964 Coll. Civil Code),
- A natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his/her business, employment, or profession (Section 2 (a) of Act No. 250/2007 Coll. on Consumer Protection).
An electronic order means an electronic form processed by the E-shop system, containing information about the Buyer, a list of the ordered goods from the E-shop offer, and the total price of these goods.
Goods mean all products listed in the E-shop offer.
The supervisory authority overseeing the activities of the Seller is:
Slovak Trade Inspection (SOI)
Inspectorate of SOI for the Bratislava Region
Prievozská 32, P.O. Box 5
820 07 Bratislava
Contact details of the Seller for Buyers:
Gingear International s.r.o.
821 01 Bratislava
Business ID: 55560890
Tax ID: 2122031483
Registered in the Business Register of the District Court Bratislava III, Section: Sro, entry no.: 170737/B.
Phone number: +421 948 545303
Article 2: Ordering of Goods
The order arises based on the confirmation of the goods placed in the shopping cart on the E-shop. To correctly process the order, it is necessary to fill in the required information and choose the options for delivery and payment.
The order becomes binding by electronically submitting it to the Seller. The received order is considered a proposal for a Sales contract and is binding.
The Sales contract between the Seller and the Buyer arises based on the binding confirmation of the order in the Seller's system. After creating an order in the E-shop, the Buyer will automatically receive an email confirming the receipt of the order by the E-shop. At the same time, the registered Buyer's order will be available in the Account Management section after logging in.
Article 3: Order Cancellation
The buyer has the right to cancel an order that has not yet been processed and dispatched by the seller free of charge. In such a case, please contact us as soon as possible at firstname.lastname@example.org and provide the order number. If the buyer has already paid all or part of the purchase price, this amount will be refunded to them without undue delay, but no later than within 14 days.
Cancellation of an already dispatched order is only possible for a fee equal to the shipping costs. In the event of cancellation of an already dispatched order by the buyer, the seller reserves the right to deduct the fee for shipping costs from the paid purchase price and subsequently send the remaining amount to the buyer's account. The purchase price reduced by the shipping costs will be refunded to the buyer's account only after the canceled goods have been delivered to the seller's address. Do not send the canceled goods as a cash-on-delivery shipment, as such goods will not be accepted.
The seller reserves the right to cancel the buyer's order for goods if the seller is unable to deliver the goods due to their being sold out. The buyer will be informed of the cancellation of the order by phone or email without delay. If the buyer has already paid all or part of the purchase price, this amount will be refunded to them without undue delay, but no later than within 14 days.
Article 4: Purchase Price
The purchase price of goods offered by the Seller through the E-shop is always indicated next to the selected goods. All purchase prices stated for goods are final. The price of shipping will be added to the purchase price of the goods according to the chosen method of delivery.
The Seller reserves the right to change the purchase price in justified cases, however, the Seller is obliged to inform the Buyer of this change in the purchase price and at the same time, with the fulfillment of the order at the new purchase price, the Buyer must express acceptance of this purchase price. Otherwise, the Buyer has the right to withdraw from the Purchase Agreement without any cancellation fee.
Article 5: Payment Terms
The Seller requires one of the following payment methods:
- Payment by card;
- Payment by online services (Apple Pay, Google Pay).
Article 6: Delivery Conditions
The goods are delivered via courier service.
Orders will be processed as quickly as possible, usually within 3 working days from receipt of payment, but no later than 7 working days.
If the goods or a notice of delivery or shipment by courier are not delivered within 7 days after dispatch, please contact the Seller at email@example.com.
The Seller sends the goods well packaged and secured. The Buyer is obliged to check the shipment upon receipt, if it is possible to check the completeness and integrity of the shipment. Do not accept visibly damaged goods (damaged package and the like). Any discrepancies or errors must be reported immediately. Later complaints about the violation of the shipment or quantity of goods will not be accepted by the Seller.
The Seller reserves the right to extend the delivery time in the event of unforeseeable circumstances. The Buyer will be promptly informed of any extension of the delivery time.
Article 7: Transfer of ownership
Ownership rights are transferred from the Seller to the Buyer at the moment of payment of the purchase price.
A legally prescribed warranty period of 24 months is provided for all sold goods, which begins to run from the day of receipt of the goods by the Buyer.
The e-shop is responsible to the Buyer for:
- adherence to the price that was valid at the time the order was sent to the Buyer;
- delivery of goods so that they are not damaged;
- delivery of goods in the quantity and assortment as specified in the order.
The e-shop is not responsible for:
- delayed delivery of goods caused by the carrier (post or courier company);
- delayed delivery of goods caused by an incorrectly stated address of the recipient;
- damage caused by the carrier (post or courier company).
Article 8: Consumer contracts and information on the right to withdraw from a contract
In the event that a purchase contract is concluded using distance communication means (in this case, electronic commerce on the internet), and if the Seller has provided the Buyer, as a consumer, with timely and proper information on the right to withdraw from the contract according to Section 3(1)(h) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises (hereinafter referred to as the "Consumer Protection Act"), the Buyer, as a consumer, is entitled to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods. Pursuant to Section 7(4) of the Consumer Protection Act, the goods are considered to have been received by the consumer at the moment when the consumer or a person designated by him, except the carrier, takes possession of all parts of the ordered goods.
The Buyer, as a consumer, may withdraw from a purchase contract for the delivery of goods, even before the commencement of the withdrawal period from the purchase contract.
The Buyer, as a consumer, may not withdraw from a contract whose subject matter is:
- Provision of a service, if the provision of the service began with the express consent of the consumer and the consumer declared that they had been duly informed that by giving this consent they lose the right to withdraw from the contract after the full provision of the service, and if the service has been fully provided.
- Sale of goods made to the consumer's specifications, custom-made goods or goods specifically intended for one consumer.
The buyer may exercise the right to withdraw from the contract according to § 7 para. 1 of the Consumer Protection Act at the Seller in one of the following ways:
- In written form, i.e. by sending a registered letter addressed to the Seller's registered office.
- By sending an email to the Seller's email address firstname.lastname@example.org.
The period for withdrawing from the contract is considered to have been observed if the notice of withdrawal from the contract was sent to the Seller no later than the last day of the period under § 7 para. 1 of the Consumer Protection Act.
The buyer is obliged to send the goods back to the seller's address, in an undamaged condition, without any signs of use or wear and tear, along with all the documentation that was delivered to them with the goods, no later than 14 days from the date of withdrawal from the contract. The deadline in the first sentence is considered to be met if the goods are handed over for transport no later than on the last day of the deadline. We recommend sending the goods as a package.
The seller is obliged to refund the buyer all payments received from them under the contract or related to it, including shipping, delivery, and postage costs, and other costs and fees, without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal from the contract. The seller is obliged to return these payments to the buyer in the same way that the buyer used to make their payment. The buyer and the seller may agree on a different payment method, provided that no additional fees are charged to the buyer in connection with this. The seller is not obliged to refund the above-mentioned payments to the buyer before the goods are delivered to them or until the buyer proves that the goods have been sent back to the seller.
When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller.
The provisions of Article 8 of these Terms and Conditions expressly do not apply to entities that do not meet the definition of a consumer.
Article 9: Goods defects
The Buyer has the right to claim liability for defects in the goods only for goods that exhibit defects for which the Seller is responsible, the guarantee applies, and were purchased from the Seller via the E-shop.
If it is a defect that can be eliminated, the Buyer has the right to have it eliminated free of charge, in a timely and proper manner. The Seller is obliged to remove the defect without undue delay. If the claimed defect is not proven or it is proven that it is not a guarantee defect, the complaint will be rejected.
The Buyer may request the exchange of the goods instead of eliminating the defect, or, if the defect concerns only a part of the goods, the exchange of the part, provided that this does not result in unreasonable costs for the Seller in relation to the price of the goods or the seriousness of the defect.
The Seller may always replace defective goods with non-defective ones instead of eliminating the defect, if it does not cause significant difficulties for the Buyer.
If it is a defect that cannot be eliminated and which prevents the goods from being used properly as an item without defects, the Buyer has the right to exchange the goods or the right to withdraw from the purchase agreement. The same rights belong to the Buyer if it is indeed eliminable defects, but the Buyer cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects.
If there are other non-removable defects, the Buyer has the right to a reasonable discount from the price of the goods. It is necessary to make a complaint without undue delay, immediately after the defect appears. Any delay in the continued use of the goods may cause the defect to deepen, the goods to be devalued and may be a reason for refusing the complaint.
If the goods exhibit defects, the Buyer has the right to make a complaint to the Seller by delivering the advertised goods together with the proof of payment for the goods and the notification of the complaint to the address of the Seller for the return of the goods. Do not send the advertised goods by cash on delivery, such goods will not be accepted. The Buyer is obliged to truthfully state all required information in the notification of the complaint.
The Buyer can make a notification of the complaint by one of the following methods:
- in writing, i.e. by registered letter addressed to the Seller's registered office,
- by sending an e-mail to the Seller's e-mail address email@example.com.
The complaint process begins on the day when all of the following cumulative conditions are met:
- delivery of the notification of the complaint and the proof of payment for the goods to the Seller,
- delivery of the claimed goods from the Buyer to the Seller.
The Seller is obliged to inform the Buyer of the validity of the complaint and the procedure for handling it within 3 business days from the beginning of the complaint process, and in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the start of the complaint process. In the event of a justified complaint, the seller undertakes to settle the complaint within 30 days from the date of the complaint.
In the event of an unjustified complaint, the goods will be returned to the Buyer with the corresponding statement.
The claims arising from defects in the goods expire:
- if they were caused by mechanical damage to the product by the Buyer;
- if they were caused by improper handling of the product in a way other than specified in the user manual;
- by not reporting obvious defects upon receipt of the goods;
- if they were caused by use of the goods under conditions that do not correspond with the humidity, chemical, and mechanical influences of the natural environment of the goods;
- if they were caused by neglecting care and maintenance of the goods;
- if they were caused by using the goods in a way that contradicts its purpose, general principles or other breach of warranty conditions.
The warranty does not apply to normal wear and tear of the product (or its parts) caused by the use of the product, which naturally changes the appearance of the product.
If the Buyer is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, he has the option to contact the Seller with a request for remedy. If the Seller responds negatively to the request for remedy or does not respond within 30 days from the date of its sending, the Buyer has the right to submit a proposal for the initiation of alternative dispute resolution according to Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution in force. The competent subject for alternative consumer dispute resolution with the Seller is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava, Slovak Republic (www.soi.sk) or another authorized legal entity registered in the list of alternative dispute resolution entities kept by the Ministry of Economy of the Slovak Republic (the list is available at www.mhsr.sk). The consumer has the right to choose which of the listed alternative consumer dispute resolution entities to contact. The consumer can use the online dispute resolution platform available on the website www.ec.europa.eu/consumers/odr to submit a proposal for alternative dispute resolution.
The provisions of Article 9 of these GTC expressly do not apply to entities that do not meet the definition of a consumer.
Article 10: Rights and Obligations of the Contracting Parties
The contracting parties shall be deemed to be the Seller and the Buyer.
The Buyer is obliged to:
- take delivery of the ordered goods;
- pay the agreed price for the goods to the Seller;
- check the integrity of the packaging and also the goods themselves upon receipt.
The Seller is obliged to:
- provide the Buyer with the goods of the required quality, quantity, and at the agreed price.
Article 11: Other important information
The Seller is not a VAT payer.
The goods are sold based on a sample (photograph) displayed on the website of the Seller's online store. Photographs (images) assigned to individual goods are illustrative. Differences between photographs and delivered goods are not a reason for the Buyer to withdraw from the contract, provided that the Seller delivers the ordered goods to the Buyer.
Article 12: General information on personal data processing
The website operator is responsible for the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR").
- Data subject - buyer/visitor of the website, operator - operator of the online store
- Recipients of personal data: The operator does not provide the buyer's personal data to third parties, except for the carrier who provides delivery of goods or services, accounting company, or state authorities in case of inspection, in which case these entities are third parties.
- The data subject is obliged to provide truthful and up-to-date personal data. The rights of the data subject are governed by Chapter 3 of the GDPR. These include, for example, the right to lodge a complaint with the supervisory authority, the right to object to processing, the right to request access to personal data concerning the data subject from the operator, the right to rectification or erasure or restriction of processing of personal data, as well as the right to data portability.
Processing of personal data for the purpose of fulfilling an order
- Purposes of personal data processing: issuance of a tax document, contacting the customer regarding the order, fulfillment of the contract.
- Legal basis for processing personal data: a) Processing of personal data (name, surname, title, street and number, zip code, city) is necessary according to a special regulation or international agreement to which the Slovak Republic is bound. Especially according to the Act No. 222/2004 Coll. on Value Added Tax. b) Processing of personal data (email, phone contact) is necessary for the fulfillment of the contract.
- Storage period of personal data - the storage period of personal data is not directly determined as it depends on several criteria such as voluntary registration of the data subject on our website, activity of the data subject on our website, etc., but the data subject has the right to have their personal data deleted, as well as the right to information about what data we process about them and for what purpose. We process personal data only for the purpose of pre-filling the order form, delivery and recording of your orders, and invoicing.
Processing of personal data for the purpose of sending marketing information:
For the processing of personal data for the purpose of sending marketing information, the general information regarding the processing of personal data mentioned above also applies, as well as:
- Purpose of processing personal data: sending marketing information.
- Legal basis for processing personal data: Article 6(1)(a) of the GDPR - the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- Storage period of personal data: the storage period of personal data is not directly specified, as it depends on several criteria such as voluntary registration of the data subject on our website, activity of the data subject on our website, etc. However, the data subject has the right to request deletion of personal data that we hold about him or her, as well as the right to information on which data we process about him or her and for what purpose. We process personal data only for the purposes of pre-filling the order form, delivery and recording of your orders and invoicing, and marketing tools such as Facebook and sending informational emails and satisfaction surveys.
Processing of personal data for the purposes of processing cookies
For the processing of personal data for the purposes of processing cookies, the general information on the processing of personal data stated above applies, as well as:
- Legal basis for processing personal data: Article 6(1)(a) GDPR - the data subject has given consent to the processing of their personal data for one or more specific purposes.
- Retention period of personal data - The cookie files used on our website can be divided into two basic types in terms of their durability. Short-term "session cookies" which are temporary and remain stored in your browser only until you close the browser, and long-term "persistent cookies" which remain stored in your device for a longer period of time or until you manually remove them, with the retention period of the cookie files in your device depending on the cookie itself and your browser settings.
Article 13: Final provisions
The Seller and Buyer undertake to maintain confidentiality about the information and data obtained during the performance of this contractual relationship, for at least 12 months after the termination of the contractual relationship.
The Seller reserves the right to change and supplement these general terms and conditions without prior notice to the Buyer. In the event of a change in the general terms and conditions, the entire purchasing process will be governed by the general terms and conditions that were valid at the time of the Buyer's order submission.
These General Terms and Conditions become valid and effective on November 6, 2023.