E-shop located on the domain www.bfamclothing.com is operated / ran by:
BFAM Clothing s.r.o.
Piešťany 921 01
GID: 50 046 667
TAX ID: 2120156489
Bank: Tatra Banka, Hodžovo námestie 3, 811 06 Bratislava,
Account No.: 2940039334/1100
IBAN: SK18 1100 0000 0029 4003 9334
The seller is registered under file number 110631/B, section Sro (Ltd) in Bratislava I. District court' s Business register.
The overseeing authority is Slovak business inspection, Trnava county inspectorate, address: Pekarska 23, 917 01 Trnava 1
Section I - TERMS
|Seller||By concluding a contract with Buyer is acting within it' s scope of business, as the Seller party of the contract, on company' s behalf and account through the E-shop sells it' s Goods (apparel and accessories)|
|Customer||Natural person by law, purchasing Goods through E-shop located on domain www.bfathe mclothing.com, whom after the purchase uses the Goods for purposes other than employment, working their job or business purposes|
|E-shop||E-commerce website operated by the Seller, located at www.bfamclothing.comdomain|
|Goods||Goods sold via E-shop|
|Order||Customers activity within the E-shop aiming towards puchase of the Goods|
|Total price||price of the order in total, including but not limited to price of the Goods ordered by Customer and are stated in the Order, VAT , other fees and taxes, the price of the Shipping|
|Shipping||The shipping price (From the seller to the Customer, might include manipulation fees, etc)|
|VOP||This document stating the TERMS and CONDITIONS|
Section II – General provisions
1. This VOP is dealing with:
- Goods purchase process performed by the Customer inside the E-shop., conditions of Sale and Purchase of the Goods through the Seller's E-Shop,
- Rights and duties of the contracting parties (Seller and Customer) resulting from contract of purchase cocluded between the contracting parties, the subject of which is the purchase and sale of the Goods through the Seller's E-Shop.
Section III – Order and contract conclusion
1. The Customer orders goods from the Seller using the E-shop located at http://www.bfamclothing.com/.
2. The Goods description, properties, availability and price are stated in it's E-shop listing.
3. In order to purchase Goods via E-shop, Customers have to register and while doing so submit the information required to complete the process. Upon registration an activation link will be delivered to the Customer via email, by following it the Customer will activate their account. If the link remains unused throughout the time of 180 days , Customer; s account will be terminated and the registration process won' t be completed.
4. Once the registration is successful the Customer may perform purchases via his account and use the account for their future purchases as well.
5. Customer orders Goods from the Seller through the E-shop and accordingly to instructions stated on http://www.bfamclothing.com/
6. After pressing the "ADD TO CART" button, the ordered Goods will automatically be added to the Customer' s shopping cart. The Customers shopping cart is available to this Customer at any time during the during shopping for viewing.
7. In the process of Order, the Customer also chooses the payment method and transportation of the Goods according to the options offered by the Seller.
8. The shipping price will be included in the Total price along with the actual price of the Goods, VAT, etc.
9. Order is completed by pressing the "Order with Payment Obligation" button. Previously, the Consumer is required to become acquainted with these GBCs (VOP).
10. By pressing the "Order with Payment Obligation" button, the Customer confirms being informed about and consents to/ accepts:
- Goods properties,
- the Total price that has to be paid to the Seller by the Customer
- these GBCs (VOP).
11. Once an Order has been created, this Order will be registered in the E-shop system. The seller will send to the e-mail address of the Consumer
at registration, the following:
- confirmation of Order with Order Information7),
- the wording of the GTC, which is valid and effective at the time the Order is created by the Consumer,
12. By delivering an acknowledgment of receipt of an Order pursuant to item 11 of this GBC together with other documents to the Consumer, the Purchase Contract of the Goods is considered to be closed, the subject of which is the delivery in the Order of the specified Goods for the price stated therein, all under the conditions which are contained in the documents referred to in point 11 of this Article of the GBC.
Section IV – Payments and Delivery
1. All the good' s prices are VAT included. The Total price can be paid using these options:
a) using GoPAY payment gateway,
b) via PAYPAL
2. The Seller does not charge any fees. However, the Seller has warned the Consumer that the entity with which the payment is made may charge a fee for payment (such as a given bank for a cash deposit).
3. Customer is required to pay for the order latest upon delivery.
4. The Seller reserves the right of ownership to the Goods until it is fully paid for.
5. Payment means the moment when the Prize is credited to the Seller's account, or when it is a cash on delivery, by paying the Price to the Carrier.
6. The invoice issued on the basis of a sales contract between the seller and the buyer is also a tax document and is sent to the buyer electronically. At the buyer's request, the invoice can also be sent by post.
7. The buyer can not take over the goods until he has paid it in full unless otherwise agreed.
8. The Seller undertakes to deliver the ordered Product to the Consumer within 14 working days from the payment of the Purchase Order or at the latest within 14 working days from the conclusion of the Contract, III point 12 of these GTC, if the cash on delivery option was chosen.
9. If the required goods are not in stock, the seller reserves the right to extend the delivery time to a maximum of 30 business days. The delivery period may be extended proportionately to circumstances where the delay is due to circumstances not attributable to the seller.
10. The Seller shall supply the Consumer with the Goods ordered to the address indicated by the Consumer as the delivery address in the Purchase Order.
11. The goods are delivered to the buyer by post office or by a selected parcel service company.
12. The consumer undertakes to take over the goods on delivery by courier company or post office in that country at the agreed time at the address stated in the order.
13. When taking goods, the consumer is required to check the physical integrity and completeness of the consignment. If the consignment is visibly damaged and destroyed, the consumer is obliged to immediately contact the seller and send the shipping company "Notification of damage to the consignment" without receiving the consignment. Any subsequent claims for quantity and physical violation of the goods will not be accepted.
Section V – Consumer's right to withdraw from the contract
1. The consumer has the right to withdraw from the contract without giving any reason within 14 calendar days from the day of receipt of the Goods, this period being deemed to have been maintained if the notice of withdrawal was sent to the Seller at the latest on the last day of the period. Goods are deemed to have been taken over by the Consumer at the moment when the Consumer or a designated third party other than the carrier takes over all parts of the Goods ordered or if:
a) multiple Goods ordered by the Consumers in one Order are delivered separately, upon receipt of the Goods delivered as the last,
b) delivers Goods consisting of several pieces or pieces, the moment of taking over the last part or the last piece,
c) the Goods are delivered repeatedly during the defined period, at the moment of receipt of the first delivered Goods.
2. The consumer shall have the right to withdraw from the contract under point 1 of this Article of the GBC as follows:
a) log in to Eshop under the account through which the order was placed and in the My Order section "selects a specific Product and confirms the refund - withdrawal from the contract.
b) by sending a Postal letter, to the Sellers' s business address stated above,
c) by sending an e-maill to email@example.com
3. If the Consumer exercises his / her right to withdraw from the contract pursuant to clause 1 of this Article, he shall return the Goods to the Seller to the address of the Seller's registered office specified in these GTCs within 14 days from the date when he exercised his right to withdraw from the contract.
4. Upon termination under paragraph 1 of this Article of the GBC the Customer shall bear the cost of returning the unwanted Goods
5. Returned Goods must not be damaged and must be sent to the Seller with proof of purchase (invoice), return form, complete accessories, documentation, packaging and the like. The Consumer is responsible for the reduction of the value of the Goods that did not occur during normal use during the withdrawal period according to clause 1 of this Article.
6. The consumer has the right to unpack the Goods within the retirement period after taking over the Goods and to try it in a manner appropriate to the property and functionality of the Goods.
7. In the event of a refusal of a complaint or a refusal to return the goods, the Buyer undertakes to pay the handling fee at the amount of the postage from the original order.
8. The Seller shall, within 14 days from the date of delivery of the withdrawal of the Consumer under paragraph 1 of this Article, return to the Consumer any payments that he or she has withdrawn from the Contract, received from or in connection with the Contract, including shipping, postage and other costs and fees. The Seller shall return to the Consumer a payment under the preceding sentence in the same way as the Consumer was used to pay for the Goods unless the Consumer with the Seller agrees otherwise. However, the shipping, shipping and postage costs are only paid by the Seller to the extent of the cheapest normal delivery method offered by the Seller, regardless of the delivery method chosen by the Consumer. Seller is not obliged to refund the Consumer before the Goods arrive.
9. The seller reserves the right to cancel the order (withdrawal from the contract) or its part if:
– the goods are not manufactured or ceased to be manufactured
– the price changed
– the price stated was incorrect
10. The Customer may not withdraw from a contract which is subject to:
a) sale of goods made according to special requirements of the customer, custom-made goods or goods designed for a particular customer;
b) sale of goods subject to rapid deterioration or destruction;
c) sale of phonograms, image recordings, sound recordings, books or computer software sold in the protective packaging, if the customer has unpacked the packaging;
d) the sale of goods enclosed in a protective packaging which is not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery;
e) the sale of goods or the provision of a service the price of which depends on the movement of prices on the financial market which the seller can not influence and which may occur during the withdrawal period;
f) the sale of goods which, by reason of their nature, can be inseparably mixed with other goods after delivery;
g) the sale of alcoholic beverages, the price of which was agreed at the time the contract was concluded, the delivery of which can be effected at the earliest after 30 days and their price depends on the movement of market prices which the seller can not influence;
i) the sale of periodicals, with the exception of sales under a subscription agreement, and the sale of books not supplied in a protective package;
j) providing content other than on a physical carrier if its provision has been initiated with the express consent of the customer and the customer has stated that he has been duly instructed to lose the right to withdraw from the agreement by expressing such consent.
Section VI – Guarantee and return policies
1. The legal warranty period of 24 months is valid for goods purchased through the www.bfamclothing.com online store. The warranty period begins with the conclusion of a consumer contract, ie. the moment when the buyer pays the goods and then takes over from the seller through the courier company or personally at our address.
2. The warranty entitlement shall expire in the event that the error has been caused by mechanical damage to the goods, the operation of the goods in unsuitable conditions, misconduct, non-observance of the relevant standards by the consumer or third party, or if the intervention has been transferred to goods other than the authorized person. Warranty errors are also exempt from natural disasters.
3. In the event of a complaint, it is advisable for the consumer to inform the seller by telephone that the goods in question are error-prone and how they have occurred. Based on this information, the consumer will be advised to follow up on the complaint.
4. The Consumer shall have the right to claim the Goods pursuant to Section 1 of this Article of the GBC as follows:
a) Sign in to Eshop under the account through which the order was placed and in the My Order section, "select a specific Product, confirm the claim, and send the Goods back to the Seller at their own shipping cost.
5. The provisions of the Civil Code, Act no. 250/2007 Coll. on Consumer Protection and Act No. 108/2000 Coll. on consumer protection in the case of door-to-door sales and mail order sales.
6. Consent to the warranty terms is confirmed by the buyer by taking over the goods.
Section VII – Alternative Consumer Dispute Resolution
1. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the seller's handling of his claim or if he believes that the seller has breached his rights. If the seller answers or fails to respond at the consumer's request within 30 days of the date of dispatch, the consumer has the right to make a claim for alternative dispute resolution (ARS). ARS can only deal with disputes arising out of a contract between seller and consumer and disputes with this agreement, except for disputes under the law. § 1 par. 4 of Act no. 391/2015 Z.z. and disputes not exceeding EUR 20. A proposal to initiate an ARS is submitted to an ARS subject to § 3 of the cited law, with the help of the designated platform or form, the model of which is annex no. 1 of the cited law. The ARS may require the consumer to charge the ARS, up to a maximum of EUR 5 with VAT. If there are multiple entities in the ARS, the consumer has the right to choose which one to make. In addition to the ARS, the consumer has the right to apply to the appropriate and local competent General or Arbitration Court. The ARS platform is available on the website: ec.europa.eu/consumers/odr/index_en.htm
1. The Seller declares that all personal data are confidential and will be used exclusively under the Personal Data Protection Act no. 122/2013 Z.z. to perform fulfillment of a purchase contract between the seller and the buyer and will not otherwise be disclosed and given to a third party except for a distribution or payment situation related to the ordered goods. By purchasing the purchase agreement, the buyer gives the seller permission to process the personal data to the extent necessary to fulfill the subject of the purchase contract.
Section IX. - Final Provisions
1. These Business Terms apply as stated on the seller's website on the day of sending a binding electronic order in the event that there is no written agreement between the Participants. By submitting the electronic order, the buyer accepts without reservation all the provisions of the Business Terms and Conditions as in force on the day of dispatch of the order, the valid amount of the purchase price of the ordered goods stated on the website, unless otherwise proved otherwise in the particular case.
2. Also, the consumer declares that he has become acquainted and agrees with these terms and conditions prior to filling in or notifying the order.
3. Notwithstanding any other clauses of the agreement, the seller shall not be liable to the consumer for lost profits, loss of opportunity or any other indirect or consequential loss due to negligence, breach of contract or otherwise arising.
4. These General Terms and Conditions have been formulated and established in good faith in order to meet the legal conditions and to correct fair trade relationships between the seller and the consumer. In the event that certain provisions of these terms are invalid or enforceable to the competent authorities of the Slovak Republic, in whole or in part, the validity and enforceability of the other provisions and the rest of the relevant provision remain unaffected.
5. Buyer's rights in relation to the seller under Consumer Protection Act no. 250/2007 Coll. as amended, remain unaffected by these terms. Legal relationships and conditions here not expressly regulated as well as any disputes arising out of non-fulfillment of these conditions are governed by the relevant provisions of the Commercial and Civil Code.
The seller and the buyer agree that they fully recognize the electronic form of communication, in particular through electronic mail and the Internet, and in limited situations, telecommuni- cation as valid and binding for both parties.
These Terms and Conditions enter into force on the day of 01.02.2018.