Terms & Conditions

1. GENERAL TERMS AND CONDITIONS

These Terms and Conditions (hereinafter “Terms and Conditions”) govern the purchases made via e-shop located on the website www.kabella.store and its subpages. The purpose of these Terms and Conditions is to specify and define rights and obligations of the Seller (Provider) on the one hand and of the Buyer (Client, Consumer) on the other hand.

 

The Seller and the operator of e-shop on the website www.kabella.store is company WBS s. r. o. with its registered seat at Grösslingova 4, 811 09 Bratislava, Slovakia.  The Company is registered in the Commercial Register administrated by the Regional Court Bratislava I, Section S.r.o., No. 120766/B, ID-Company Registration Number: 50966171, Tax Registration Number: 2120556361, VAT ID: SK2120556361.

The contact e-mail address of the Seller is the Seller's email info@kabella.store.

 

All contract relations between the Buyer and the Seller are governed by and construed in accordance with the laws of the Slovakia. In the event that the Consumer represents a contractual party, legal relations that are not regulated by Terms and Conditions of e-shop located on the website www.kabella.store/terms-and-conditions are governed by Act No. 40/1964 Coll., Civil Code, as amended, by Act No. 250/2007 Coll., Consumer Protection Act, as amended and by Act No. 102/2014 Coll., Consumer Protection Act in relation to sales of goods or provision of services based on distance and off-premises contracts and amending certain laws. In the event the Businessman represents a contractual party, legal relations not regulated by Terms and Conditions e-shop located on the website www.kabella.store/terms-and-conditions are governed by Act No. 513/1991 Coll., Civil Code, as amended.

 

2. DEFINITION OF TERMS

“Seller“ means the person performing within the scope of his business or other business activity under the Contract.

 

“Seller” means the entrepreneur offering or selling products or performing services to the Buyer and the entrepreneur supplying products to the Buyer directly or through other entrepreneurs. For the purpose of these Terms and Condition, the Seller means WBS s. r. o. with its registered seat at Grosslingova 4, 811 09 Bratislava, Slovakia. The Company is registered in the Commercial Register administrated by the Regional Court Bratislava I, Section S.r.o, No. 120766/B, ID-Company Registration Number: 50966171, Tax Registration Number: 2120556361, VAT ID: SK2120556361.

“Provider“ means the person producing and/or providing goods to the Seller for its subsequent sale.

“Buyer“ means the physical or legal person purchasing goods of the Seller; it may address to the Consumer or the Entrepreneur.

“Consumer Contract“ means a purchase contract where the contractual parties is the Seller on the one hand and the Consumer who himself has not been able to influence the content of a beforehand prepared contact proposal on the other hand.

“Consumer“ means the person not performing within the scope of his business or other business activity under the Contract.

“The Buyer who is not the Consumer“ means the person performing within the scope of his business or other business activity under the Contract.

“Terms and Conditions“ mean contractual regulations agreed between the Seller and the Buyer in this document.

The Buyer confirms to agree with these Terms and Conditions at the moment of sending a confirmed and validated order. The Buyer agrees to be bound by these Terms and Conditions from the moment of the conclusion of the contract. The Buyer by sending its order confirms that he/she has acquainted with these Terms and Conditions prior to placing the order. The Buyer expresses his/her unreserved consent to these Terms and Conditions.

The Buyer by placing the order confirms his/her acquaintance with these Terms and Conditions and his agreement to them, including their valid and effective wording at the moment of placing the order.

3. CONCLUSION OF CONTRACT

The Purchase Contract is concluded by a binding and accepted offer of a purchase contract closure placed by the Buyer to the Seller by an electronic mail message sent by the Seller to the Buyer and/or by filling an order form sent by the Seller from the Buyer web page and/or by placing a telephone order from the Buyer to the Seller (hereinafter “Order“).

This Buyer's order becomes a binding contract when accepted upon its telephone or e-mail confirmation from the Seller to the Buyer upon prior placing the order and upon confirmation of availability and delivery date of the goods requested by the Buyer, marked as a “confirmed order“. An automatic notification of receipt of the order from the Seller's electronic system shall not be considered as an accepted binding contract.

The Buyer's order that is accepted and bound includes product details, such as a name and specification of the goods that are object of the Purchase Contract, product price and/or other services, name and registration details of the Seller, his/her delivery address and price details, form of transport of goods to the agreed delivery place of the goods for the Buyer, potentially other details.

Communication expenses for the use of means of distance communication (telephone, internet, etc.) for an order realization are of current price, depending on telecommunication tariff of services used by the Buyer.

The Seller reserves ownership of the delivered goods until complete payment of its purchase price by the Buyer.

4. SELLER'S RIGHTS AND DUTIES

The Seller undertakes to deliver and sell to the Buyer:

  1. Types and quantity of the goods at the agreed time of delivery, for purchase price and price conditions valid/effective on the day of sending the order, with an exception of obvious mistakes and in case of a significant change in price of the goods that has arisen from an objective cause irrespective of the Seller's intent. In such a case, the Seller is obliged to inform the Buyer of an obvious mistake or change in price of the goods. The Buyer is in right or to accept such a change of conditions or of the Purchase Contract or to back out of the Contract. In such cases (an obvious mistake or significant change in price of the goods) the Seller is not obliged to deliver the goods to the Buyer in accordance with the original order.

  2. The goods that will be properly packaged in order not to get damaged during its transport. The Seller will pack the goods according to habitual practice; unless otherwise specified, to guarantee protection and safety of the goods.

 

The Seller is not liable to the Buyer for:

  1. A delayed delivery of the goods caused by postal service operator.

  2. A delayed delivery of the goods caused by the Buyer who has wrongly specified recipient address.

  3. A damaged shipment caused by postal service operator.

  4. A possible non-delivery of the goods caused by the Supplier in consequence of any restriction, possible termination of distribution rights or other unpredictable obstacles.

The Seller reserves the right to declare the Purchase Contract invalid and void, in case of an abuse of personal data, payment card etc., or on the grounds of administration or judicial body intervention. The Seller shall be informed of on the mentioned.  

 

5. BUYER´S OBLIGATIONS

The Buyer is liable:

  1. To accept delivery of the ordered items, to inspect that the packaging and the goods have not been damaged and to inform the Seller of any defaults or damage of the above mentioned without delay.

  2. To pay the purchase price for the items in accordance with the payment conditions valid at the day of placing order and at a given time. In the event that the time is not given, due period is considered to be no more than five (5) working days upon the Buyer's order acceptance by the Seller.

 

6. TERMINATION OF CONTRACT

In accordance with Sec. 7 of Act No. 102/2014 Coll., on Consumer Protection in relation to sales of goods or provision of services based on distance and off-premises contracts, as amended, the Consumer has the right to withdraw from the Contract within fourteen (14) calendar days from receiving the goods for any reason. When withdrawing from the contract, both contractual parties shall return mutual performances.

In the event that the Consumer has already received ordered goods, the Consumer is obliged to return the goods in their undamaged original packaging with the tag. We draw the attention to the fact that by withdrawing from the Contract the Consumer pays the return expenses to the Seller.

 

Please return the Withdrawal Form and the goods to the following address:

WBS s. r. o.

Agatova 3386/8

920 17 Trnava

Slovakia EU

 

Notice! In accordance with Sec. 7  (6)  (c) of Act No. 102/2014 Coll., on Consumer Protection in relation to sales of goods or provision of services based on distance and off-premises contracts, as amended, the Buyer is not allowed to withdraw from the Contract and to return the goods manufactured on demand of the Consumer, items made-to-measure or items designated for one consumer specifically, inclusive of any print-on-demand items.

 

Model Withdrawal Form

 (Complete and return this Form only if you wish to withdraw from the Contract)

 

We hereby give notice (*) that I/we withdraw from (*) the Purchase Contract of sale of the goods /from the Contract of provision of this service (*):

...............................................................................................................................................   

 

Order Date/Acceptance Date (*)

 

.....................................................................................   

 

Name of the Consumer/Consumers (*)

 

.......................................................................................   

 

Address of the Consumer/Consumers (*)

 

.......................................................................................   

 

Signature of the Consumer/Consumers (*) (only if this Form is notified on paper)

 

..........................................

 

Date

 

..........................................

 (*) Delete where not applicable.

 

 

7. LIABILITY FOR DEFECTS, WARRANTY, COMPLAINT

The Seller offers the Buyer a warranty of 24 months. The warranty period shall start from the moment of delivery of the goods to the Buyer. The Buyer takes into consideration the obligation to inspect the goods immediately after receipt. In the event that the goods received by the Buyer fail to correspond to the Purchase Contract, the Buyer is obliged to inform the Seller on the mentioned immediately by email (email address) or in written form to the Seller's company address.

In the event of:

  • a correctable defect, the Buyer has the right to get it removed properly, free of charge and in time, without a purposeless delay, or, more precisely, to exchange the goods. The Buyer takes into consideration that the Seller has always the right to exchange a faulty item for a perfect one, instead of removing its defect, provided that it will not cause a serious problem to the Buyer.

  • an uncorrectable defect that stops the proper use of the goods, the Buyer has the right to exchange the returned goods or to withdraw from the Contract

  • an uncorrectable defect that does not stop the proper use of the goods, the Buyer has the right to an appropriate discount

  • a correctable defect, provided that the Buyer is not able to use the item properly due to its repeated defect or higher amount of defects, the Buyer has the right to exchange the goods or to withdraw from the Contract

 

The Buyer takes into consideration that the Seller is not liable for any defect (damage) of the goods caused by a causal link between the Buyer's actions or omission. At once, the Seller is not liable for any damage of the goods caused by the shipper.

Upon a warranty claim within the legal warranty period, the Buyer has the obligation to prove the Purchase Contract Closure with the Seller by the purchase documentation. The Seller shall undertake to settle the complaint that is justified and correctly applied with accordance to Terms and Conditions, immediately, no later than in 30 calendar days from the claim application, unless agreed otherwise between the Seller and the Buyer.

8. PAYMENT CONDITIONS

In www.kabella.store on-line-shop, the Buyer has the right to pay the purchase price as follows:​

  • Card pay – the most comfortable method of payment when the Buyer pays for the goods by card. An order confirmation is conditioned by correct fulfillment of all debit or credit card details and by correct termination of all order process.

  • Invoice –the Seller might supply the goods on invoice by mutual consent. The invoice due date is a standard of fourteen (14) days. In case the due date has not been kept, the Seller will charge a fine reminder fee of 20,00 Euros and 0.5% of outstanding amount per a daily delay.

10. DELIVERY CONDITIONS

The delivery time will begin from the day of acceptance of the Buyer's binding order by the Seller, provided that the order contains all necessary details for its processing. The order is accepted and dispatched in period within two (2) working days, provided that the goods are in store. In the event that the goods are not available, the time of delivery shall be from two up to four weeks, if not stated differently. In the event that the requested goods are not available or in case of an unpredictable problem that has arisen in the meantime, the Client will be informed by e-mail or on telephone number given on the order.

 

www.kabella.store online shop delivers its products via:

Slovenska posta, a.s. (Slovak post) – is governed by terms and conditions of Slovak Post in effect.

  • Standard Post – package, delivery time of 3-9 days, postage and packing is not paid by the Client (included)

 

It applies that the goods are submitted to the Buyer at the moment of its submission to the post office operator, to the Consumer at the moment of its submission by the shipper.

 

11. DELIVERY EXPENSES

In accordance with Article 10 of these Terms and Conditions, the Seller has the right to charge the following additional delivery fees:

 

Delivery: Worldwide

  1. Delivery by Slovak post

 

Postage and Packing to countries worldwide for free.


12. PRIVACY POLICY

The Seller (the Controller) processes the personal data  of the Buyer  in the sense of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter as ‘GDPR’) and Act No. 18/2018 Coll. and in the bellow-described extent.

The Seller hereby informs the individuals whose personal data is processed about details of such processing and their rights in relation to the personal data protection.

 

Basic Terms

  1. ‘Personal data’ is any information relating to an identified or identifiable natural person (‘data subject’).

  2. ‘Data subject’ means an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  3. ‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

  4. ‘Processing of personal data’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  5. ‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  6. ‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

Extent, purpose, legal basis and duration of the personal data processing

The Seller is entitled to process the personal data about the data subject in the below-described extent:

Categories of Personal Data:

The Buyer:

  1. Purpose of Personal Data Processing​​​: 

    1. ​Sending of commercial communications in the form of e-mail newsletters (information and messages, marketing material, service offer)

      1. Extent of Personal Data Processing:

        • E-mail address​

        • Phone number

      2. Legal Basis of Processing:

        • Legitime interest​

      3. Duration of Processing:

        • ​An indefinite period until the withdrawal from the subscription by the Buyer

    2. ​Performance and the realization of the contracts to which the Buyer and Seller are contractual parties
      1. Extent of Personal Data Processing:

        • Name and surname

        • E-mail address

        • Phone number

        • Billing address

        • Delivery address

        • Order Data (details about the order)

      2. Legal Basis of Processing:

        • Performance of the contract

        • Compliance with a legal duty

        • Legitimate interest​

      3. Duration of Processing:

        • ​Duration of the contractual relationship and besides for a period of 4 years from the last part of the contract performance for the protentional future exercise of Buyer´s or Seller´s rights and defense (unless a legal regulation does require the storage of documents for a longer period, ex. tax laws)

Subscribers:

  1. Purpose of Personal Data Processing:

    1. ​Sending of commercial communications in the form of e-mail newsletter (information and messages, marketing material, service offer)

      1. ​Extent of Personal Data Processing:

        • E-mail address

        • Phone number

      2. Legal Basis of Processing:

        • ​Consent of the Data subject

      3. Duration of Processing:

        • ​An indefinite period until the withdrawal of the consent/ from the subscription

When the Seller and the Buyer enters into the contract, the above-mentioned personal data of the data subject (the Buyer) must be processed for handing of the order and performance of the contract. This data processing is based on Art. 6 (2) (b) of the Regulation – the processing is necessary for the performance of the contract. The Seller processes this data also for the purpose of the potential future exercise of the contractual parties´ rights and defense for a period of 4 years from the last part of the contract performance unless a legal regulation does require the storage of documents for a longer period, ex. tax laws. This processing is based on Art. 6 (1) (c) and (f) of the Regulation – the processing is necessary for compliance with a legal duty and for Seller's legitimate interests.

The Seller can send the commercial communications in the form of e-mail newsletters (information and messages, marketing material, service offer) via Buyer's e-mail or Buyer’s phone number. The legal basis is either the consent of the affected individual or Controller’s legitimate interest according to Art. 6 (1) (f) of the Regulation and Sec. 62 (3) of Act No. 351/2011 Coll., on electronic communication if the order of a product or service was done and the data subject did not regret this processing in advance.

Whenever the Buyer gets the commercial communications, the Buyer is entitled to regret this processing of the contact information by an easy way and free of charge. This processing is possible until the withdrawal from the subscription of commercial communications.

 

Personal data recipients

The Seller makes the personal data available to his employees. The Seller may them available also to other recipients who may include Seller's processors who process the personal data in accordance with his guidance.

It is particularly about:

  • IT suppliers

  • carriers

  • other suppliers

  • accounts clerks

In these circumstances the personal data may be transferred to third countries (outside the EU); if the effected processors are based in the USA, they keep the principles of the program ‘Privacy Shield’ (Shield the EU and USA for the privacy protection).

 

Methods of the processing

The personal data may be processed in both automatic and manual way for the above-mentioned purposes.

During the processing there is no existence of an automated decision-making, i.e. a decision based solely on automated processing including profiling.

 

Buyer's rights

Right of access to the personal data: The Buyer shall have the right to obtain from the Seller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, the Buyer has to right to access to this personal data.

Right to rectification: The Buyer shall have the right to obtain the rectification of inaccurate personal data concerning him or her if it is inaccurate.

Right to erasure: The Buyer shall have the right to erasure the personal data unless the exceptions for this processing by the Seller exist. The personal data will be erased if the consent with its processing is withdrawn and there is not another legal basis for that processing.

Right to restriction of the processing: The Buyer shall have the right to obtain from the controller restriction of the processing particularly where the accuracy of the personal data is contested by the Buyer or the Buyer has objected to the processing.

Right to data portability:  The Buyer shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. The Buyer shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

Right to object: The Buyer shall have the right to object to processing of personal data concerning him or her which is based on Seller's legitimate interest or in case of the processing for the purposes of direct marketing (commercial communications).

Right to withdraw the consent: If the processing of the personal data is based on the consent, the Buyer shall have the right to withdraw this consent at any time. The withdrawal of the consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal of the consent may be taken in a written form at any time. The withdrawal of the consent does not mean that the Seller shall erasure the personal data which are processed for the purpose of performance of the contract to the affected person.

Mentioned rights may be exercised via e-mail or a letter shipped to the contact address of the Seller stated in the heading of this document, the withdrawal from the subscription of the commercial communications may be made at any time according to the information herein

Right to lodge a complaint with a supervisory authority, i.e. Data protection office.

12. ALTERNATIVE DISPUTE RESOLUTION

  1. The Consumer has the right to ask the Seller to take remedial action (by email on info@kabella.store), upon the Consumer's feeling that the Seller has broken his rights or has not settled a complaint/warranty claim to Consumer's satisfaction. Provided that the Seller, upon the Consumer's request to take remedial action to remedy to breaking the Consumer rights denies or the claim remains unresolved more than 30 days from submitting the claim, the Consumer has the right to file a motion on Alternative Dispute Resolution (ADR entity) in accordance with the Act No. 391/2015 Coll., about Alternative Dispute Resolution. According to § 3 Act. No. 391/2015 Coll., about Alternative Consumer Dispute Resolution ADR entities mean authorities and authorized legal entities. The Consumer has the right of choice of an ADR entity. A motion may be submitted according to paragraph § 12 Act No. 311/2015 Coll., about Alternative Dispute Resolution.

  2. The list of Alternative Dispute Resolution entities shall be found on the Ministry of Economy of the Slovak Republic web pages http://www.mhsr.sk/. On the stated web page, other important information for consumers on Alternative Dispute Resolution are published.

  3. The Consumer may file a motion following the to the paragraph § 12 Act No. 311/2015 Coll., about Alternative Dispute Resolution. In addition to this, the Consumer may file a motion by the use of the ADR/RSO platform, available online at http://ec.europa.eu/consumers/odr/.

  4. By means of ADR shall be solved solely the disputes that may arise out of contractual relationship between the Buyer and the Consumer and disputes that are related to this contract, with the exception of disputes according to the provisions § 1 Article 4 Act No. 311/2015 Coll., about Alternative Dispute Resolution and disputes where the amount does not exceed 20 Euros. A motion for an ADR commencement shall be submitted to an ADR entity in accordance with the provisions § 3 Act No. 311/2015 Coll., about Alternative Dispute Resolution, by the use of a specific platform or a form that is a part of the Appendix No. 1 of the Act No. 311/2015 Coll., about Alternative Dispute Resolution.

  5. ADR entity may require a maximum filling fee payment of 5 Euros, inclusive of VAT.

  6. In the event that ADR is represented by more entities, the Consumer has the right to opt out of ADR entities when filing a motion. In addition to ADR, the Consumer has the right of recourse to material and local general or arbitral court.

 

13. FINAL TERMS

  1. The Seller has the right to withdraw from the Contract in case of a late payment of the purchase price and a violation of the payment conditions on the Buyer side.

  2. To the extent any translated version of these Terms and Conditions conflicts with the Slovak version, the Slovak version shall prevail.

  3. These Terms and Conditions are valid from January 1, 2019, terminating the previous version of Terms and Conditions. The Seller reserves the right to change these Terms and Conditions without any preceding order of warning. Notification of changes of Terms and Conditions are declared by pronouncement on changes on the web site of the www.kabella.store on-line shop.

 
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