General Terms and Conditions

These General Terms and Conditions (“GTC”) govern the rights and obligations of you as the Buyer and us as the Seller within the framework of contractual relationships concluded through the e-shop on the website www.schmiedelaterne.eu.

All information regarding the processing of your personal data is contained in our Privacy Policy, which can be found here: Personal Data Protection.

As you certainly know, we communicate primarily remotely. Therefore, it also applies to our contract that means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of us and you.

If any part of these terms contradicts what we have mutually agreed upon as part of your purchase in our e-shop, that specific agreement shall take precedence over these terms.

Certain Definitions

  • Price is the monetary amount you will pay for the goods;

  • Delivery Price is the monetary amount you pay for the delivery of the goods, including the costs of packaging the goods;

  • Total Price is the sum of the Price and the Delivery Price;

  • VAT is the value-added tax in accordance with applicable legal regulations;

  • E-shop is the online store operated by us at schmiedelaterne.eu, where the purchase of goods takes place;

  • Invoice is a tax document issued in accordance with the VAT Act for the Total Price;

  • We/Us are Schmiedelaterne, a sole proprietor (individual entrepreneur) with its registered office at Dolná Streda 925 63, Slovakia, ID No. 40899039, registered in the Trade Register of the Slovak Republic. E-mail: info@schmiedelaterne.eu, telephone number: +421904063940. Legally referred to as the Seller;

  • Order is your irrevocable proposal to enter into a contract for the purchase of goods with us;

  • Goods are everything you can buy in the e-shop;

  • User Account is an account established on the basis of the data provided by you, which allows for the storage of the entered data and the history of ordered goods and concluded contracts;

  • You are the person shopping in our e-shop, legally referred to as the Buyer;

  • Contract is a purchase contract concluded on the basis of a properly completed order sent via the e-shop, and it is formed at the moment you receive an order confirmation from us.

General Provisions and Instructions

  • The purchase of goods is only possible through the web interface of the e-shop.

  • When purchasing goods, it is your responsibility to provide us with all information correctly and truthfully. We therefore assume that the information you provided when ordering the goods is correct and truthful.

Conclusion of the Contract

  • The contract with us can only be concluded in Slovak and German.

  • The contract is concluded at a distance via the e-shop, with the costs for using means of distance communication being borne by you. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e., in particular for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By submitting an order, you agree to the use of means of distance communication.

  • In order for us to conclude the contract, you must create a draft order in the e-shop. This proposal must include the following information:

    • Information about the purchased goods (in the e-shop, you mark the goods you want to buy by clicking “Add to cart”);

    • Information about the price, shipping costs, VAT, total price, and the desired delivery method of the goods; this information is entered during the creation of the draft order in the user environment of the e-shop, while the information about the price, shipping costs, VAT, and total price is automatically provided based on the goods and delivery method you have selected;

    • Your identification data that enable us to deliver the goods, in particular your first and last name, delivery address, telephone number, and e-mail address;

    • In the case of a contract where we deliver the goods to you regularly and repeatedly, also how long we will deliver the goods to you.

  • During the creation of the draft order, you can change and check the data until the order is created. After verification, by pressing the button “Order with obligation to pay”, the order is created. Before clicking the button, however, you must confirm that you have read and accepted these General Terms and Conditions, otherwise you will not be able to place the order. A checkbox is used for confirmation and consent. After pressing the button “Order with obligation to pay”, all completed information is sent directly to us.

  • We will confirm your order as soon as possible after its receipt by a message sent to your e-mail address specified in the order. The confirmation will contain a summary of the order and these terms and conditions. The confirmation of the order by us constitutes the conclusion of the contract between us and you. The General Terms and Conditions applicable at the time of the order are an integral part of the contract.

  • It may happen that we cannot confirm your order. These are mainly situations where the goods are not available or where you order more goods than we are able to deliver. However, we will always inform you in advance in the e-shop about the maximum quantity of goods, so this should not be a surprise to you. Should we be unable to confirm the order for any reason, we will contact you and send you an offer for a contract in a modified form compared to the order. The contract is concluded at the moment you confirm our offer.

  • If an obviously incorrect price is stated in the e-shop or in the draft order, in particular due to a technical error, we are not obliged to deliver the goods to you at this price, even if you have received an order confirmation and the contract has thus been concluded. In such a case, we will contact you immediately and submit an offer to enter into a new contract in a modified form compared to the order. The new contract is then concluded at the moment you confirm our offer. If you do not confirm our offer even within 3 days of its transmission, we are entitled to withdraw from the concluded contract. An obvious error in the price exists, for example, if the price does not match the usual price at other sellers or if an extra digit is missing or added.

  • If the contract is concluded, you are obliged to pay the Total Price.

  • If you have set up a User Account, you can place an order through this account. However, even in this case, you are obliged to check the accuracy, truthfulness, and completeness of the pre-filled data. The procedure for creating an order is the same as in the case of a buyer without a user account, with the advantage that it is not necessary to enter your identification data repeatedly.

  • In some cases, you can claim a discount when buying goods. In order for the discount to be granted, you must enter the details of this discount in the designated field in the draft order. If you do so, the goods will be delivered to you with a discount.

User Account

  • Upon registration in the e-shop, you can access your User Account.

  • When registering for a User Account, you are responsible for providing all information correctly and truthfully, and for updating it if it changes.

  • Access to the User Account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access data and not to disclose them to third parties. In the event of misuse, we are not liable for such misuse.

  • The User Account is personal, and you are not entitled to allow third parties to use it.

  • We may terminate your User Account, in particular, if you have not used it for more than 1 year or if you violate your obligations under the contract.

  • The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

Price and Payment Conditions, Retention of Title

  • The price is always stated in the e-shop, in the draft order, and, of course, in the contract. In the event of a discrepancy between the price stated for the goods in the e-shop and the price stated in the draft order, the price stated in the draft order shall apply, which always matches the price in the contract. The draft order will also state the price for shipping, or the conditions under which shipping is free of charge.

  • The Total Price includes VAT, including all fees required by law.

  • Payment of the Total Price is required from you after the conclusion of the contract and before the delivery of the goods. You can settle the Total Price in the following ways:

    • By bank transfer. We will send you the information for the payment within the order confirmation. In the case of payment by bank transfer, the Total Price is due within 7 days.

    • By card online. In this case, the payment takes place via the GOPAY payment gateway and the payment is subject to the terms and conditions of this payment gateway, which can be found at: gopay.com. In the case of online payment by card, the Total Price is payable within 5 minutes.

    • By cash on delivery (COD). In this case, payment is made upon delivery of the goods against the handover of the goods. In the case of payment on delivery, the Total Price is due upon receipt of the goods.

    • Cash payment upon personal collection. It is possible to pay in cash when collecting the goods at our branch. In the case of cash payment upon personal collection, the Total Price is due upon collection of the goods.

  • The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address specified in the order.

  • Ownership of the goods passes to you only after you have paid the Total Price and accepted the goods. In the case of payment by bank transfer, the Total Price is paid upon credit to our account, otherwise, it is paid at the time of payment.

Delivery of the Goods and the Transfer of Risk of Accidental Destruction and Accidental Deterioration of the Object of Purchase

  • The goods will be delivered to you in the way you requested, and you can choose from the following options:

    • Personal collection at our store: Martin Bartko 215, Dolná Streda 925 63;

    • Personal collection at the delivery points of the company Packeta;

    • Delivery via the transport company DPD, parcel delivery.

  • The goods can only be delivered within the Slovak Republic.

  • The delivery time of the goods always depends on their availability and on the chosen delivery and payment method. The estimated time of delivery of the goods will be communicated to you in the order confirmation. The delivery time stated in the e-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you via e-mail about the possibility of collecting the goods.

  • Upon receipt of the goods from the carrier, you are responsible for checking the integrity of the packaging of the goods and, in the event of damage, immediately notifying the carrier and us. If the packaging is damaged, indicating tampering and penetration into the shipment, you are not obliged to accept the goods from the carrier.

  • You are obliged to collect the goods at the agreed place and time. If you do not accept the goods in accordance with the preceding sentence, we will inform you via e-mail where you can collect the goods, including the deadline for collection, or we will redeliver the goods to you based on your written request sent no later than 14 days after the date when you should have collected the goods, and you agree to pay us all costs associated with the redelivery of the goods. In the event that you violate your obligation to accept the goods (except in accordance with clause 6.4 of these terms), this does not result in a violation of our obligation to deliver the goods to you. At the same time, your failure to accept the goods does not constitute a rejection of the contract between us and you. If you do not accept the goods, even within an additional period, we are entitled to withdraw from the contract because you have materially breached the contract. If we exercise this right, the termination becomes effective on the day we deliver the termination to you. Withdrawal from the contract does not affect the claim for damages for the actual costs of the attempt to deliver the goods, or a further claim for damages, if any.

  • If the goods are delivered repeatedly or in a different way than agreed in the contract for reasons on your side, you are obliged to reimburse us for the costs associated with such repeated delivery. The details for the payment of these costs will be sent to your e-mail address specified in the contract and are due within 14 days of receipt of the e-mail.

  • The risk of damage to the goods passes to you at the moment you take delivery of the goods. If you do not accept the goods, the risk of accidental destruction and accidental deterioration of the goods passes to you at the time when you had the opportunity to accept the goods but did not do so for reasons not on our part, unless clause 4 of these terms provides otherwise. The transfer of the risk of accidental destruction and accidental deterioration of the goods means that from this moment on you bear all consequences associated with the loss, destruction, damage, or depreciation of the goods.

  • In the event that the goods were not listed as in stock in the e-shop and a tentative availability period was stated, we will always inform you in the event of:

    • an extraordinary disruption in the production of the goods, whereby we will always inform you about the new expected availability period or the information that the goods cannot be delivered;

    • delays in the delivery of the goods by our supplier, and we will always inform you about the new estimated delivery time.

  • If we cannot deliver the goods to you even within 30 days of the order confirmation for any reason, you are entitled to withdraw from the contract.

  • If the standard delivery time for the goods is longer than 30 days from the order confirmation, we will inform you in advance, in particular by providing you with information about the indicative availability time of the goods, which will be published in the e-shop, and by sending you a separate e-mail asking you to confirm that you acknowledge this delivery time for the goods. If you do not agree to this delivery time, you have the right to withdraw from the contract.

Rights from Liability for Defects

7.1 Introductory Provision on Liability for Defects

  • We undertake to deliver the goods to you in the required quality, quantity, and without defects.

  • We are liable for any defects in the goods upon receipt. We are not liable for defects in used goods caused by their use or wear and tear. In the case of goods sold at a lower price, we are not liable for defects for which a lower price was agreed.

  • The general warranty period is 24 months. The warranty period begins from the time of acceptance of the goods by you.

  • If the goods are replaced, the warranty period begins to run anew from the date of receipt of the new goods by you.

  • Your rights from liability for defects in the goods for which the warranty period applies will expire if you do not exercise them within the warranty period. However, you must exercise your liability rights for perishable goods no later than the day after the purchase, otherwise your rights will expire.

7.2 We warrant that the goods are free from defects at the time of the transfer of the risk of accidental destruction and accidental deterioration of the goods according to clause 6.7 of the terms, in particular that:

  • it has the characteristics that we have agreed with you and, if not expressly agreed, the characteristics that we specified when describing the goods or that can be expected due to the nature of the goods;

  • they are suitable for the purposes stated by us or for the purposes that are customary for goods of this type;

  • corresponds to the quality or execution of the agreed sample, if the quality or execution was determined by the sample;

  • is in the appropriate quantity and weight;

  • it meets the requirements imposed on it by specific legal regulations;

  • it is not encumbered with the rights of third parties.

7.3 Prerequisites for Exercising the Right of Liability for Defects (Claims)

  • Upon receipt of the goods, you are obliged to thoroughly examine and check the goods. In the event of obvious defects (e.g., mechanical damage), you must immediately file a complaint in accordance with clause 7.4.1. A subsequent complaint due to obvious defects in the goods, including a defect consisting in the incompleteness of the goods, will not be considered by us.

  • You are obliged to exercise the right to liability for other defects (hidden defects) in the manner specified under point 7.4.1 immediately after the discovery of the defect in the goods, but no later than the expiration of the warranty period.

  • The warranty only covers manufacturing defects of the goods and defects caused by mechanical damage (if they existed upon receipt). In particular, you cannot claim liability for defects due to wear and tear, mechanical damage (caused by you), use of the goods under unsuitable conditions, etc.

  • You are not entitled to assert the right to liability for defects if you already knew about the defect before receiving the goods, or if we informed you about the defect or if a reasonable discount on the goods was granted to you for this reason.

7.4 Exercise of Liability Rights (Claims)

  • Should the goods be defective, i.e., in particular, if one of the conditions specified in Article 7.2 is not met, you can notify us of this defect and exercise your rights from liability for defects (i.e., claim the goods) by sending an e-mail or a letter to our addresses listed in our identification data or by appearing personally at our business premises. You can also use the model claim form provided by us, which is attached to the General Terms and Conditions as Appendix 1.

  • In your complaint notification, please state in particular the description of the product defect and your identification data, including the e-mail address to which you wish to receive a notification about the method of processing the complaint, and also specify which of the liability claims mentioned in clauses 7.5.4 to 7.5.8 you are asserting.

  • When submitting a complaint, please also present us with proof of purchase for the goods (invoice) to prove the purchase from us, otherwise we are not obliged to accept your complaint.

  • As the date of the start of the complaint procedure, we consider the date of delivery of the defective goods together with the relevant documents (according to clause 7.4.3). Should your complaint be incomplete (in particular illegible, unclear, incomprehensible, without the required documents, etc.), we will ask you to supplement the complaint in writing, in particular by e-mail. In this case, the complaint procedure begins on the day of receipt of your complete documents.

  • If you do not complete the claim submitted in accordance with clause 7.4.4 of this article immediately, but no later than within 10 days of receipt of our notification in accordance with clause 7.4.4 of this article, we will consider your claim to be unjustified.

7.5 Processing of Complaints

  • Based on your decision as to which of the rights according to § 622 and § 623 of Act No. 40/1964 Coll. as amended by the Civil Code (hereinafter “Civil Code”) (stated in section 7.5.4 to 7.5.8) you assert, we will determine immediately, in complex cases no later than within 3 working days from the date of your complaint, the method of processing the complaint. In justified cases, especially if a complex technical assessment of the condition of the goods is required, no later than 30 days after the date of your complaint.

  • After we have determined how the claim is to be treated, we will process the claim immediately; in justified cases, we can also process the claim later; however, the processing of the claim must not take longer than 30 days from the date of the claim. After the deadline for processing the complaint has expired, you have the right to withdraw from the contract, or you have the right to exchange the goods for new goods, if possible.

  • We will issue a written proof of the complaint to you within 30 days from the date of the complaint and inform you about the complaint via e-mail. If the complaint is accepted, we will send you repaired goods or replace the goods with new goods or refund the price paid for the goods, unless we agree otherwise.

  • If it is a defect that we can remedy, you have the right to have the defect remedied free of charge, in a timely and proper manner. We will remedy the defect in the goods without delay.

  • Instead of rectification, you can demand the replacement of the goods or, if the defect affects only a part of the goods, the replacement of this part, provided that this does not incur disproportionate costs for us in relation to the price of the goods or the severity of the defect.

  • Instead of remedying a defect in the goods, we can always replace the defective goods with flawless goods if this does not mean serious inconvenience to you.

  • If there is a defect in the goods that cannot be remedied and that prevents you from using the goods properly, as if they were free of defects, you have the right to have the goods replaced or to withdraw from the contract. You have the same rights if you cannot use the goods properly despite remediable defects because the defect occurs again after repair or there is a larger number of defects.

  • In the case of other non-remediable defects, you are entitled to a reasonable reduction in the price of the goods.

  • We will settle the complaint by handing over the repaired goods, replacing the goods, refunding the price of the goods, paying a reasonable discount on the price of the goods, a written invitation to accept performance (goods), or a reasoned rejection of the complaint.

  • The provisions of §§ 619 et seq. of the Civil Code, Act No. 250/2007 Coll. on Consumer Protection and on amendments to Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter “Consumer Protection Act”) 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 the business premises of the seller and on amendments and supplements to certain laws as amended (hereinafter “Consumer Protection Act for Distance Sales”) apply to the exercise of rights from liability for defects and goods claims.

  • If you are an entrepreneur, it is your responsibility to report and complain about the defect immediately after you could have detected it, but no later than 3 days after receipt of the goods.

  • If you are a consumer, you have the right to assert liability rights for defects that occur in consumer goods within 24 months of receipt of the goods.

Withdrawal from the Contract

  • Withdrawal from the contract, i.e., the termination of the contractual relationship between us and you from its inception, can take place for the reasons and in the manner specified in this article or in other provisions of the General Terms and Conditions in which the possibility of withdrawal is explicitly mentioned.

  • If you are a consumer, i.e., a person who buys the goods outside of their business activity, you have the right to withdraw from the contract without giving reasons within 14 days from the date of delivery of the goods, in accordance with the provisions of § 7 of the Act on Consumer Protection in Distance Sales. If we have concluded a contract that includes several types of goods or the delivery of several parts of the goods, this period begins on the date of delivery of the last part of the goods, and if we have concluded a contract according to which we deliver the goods to you regularly and repeatedly, it begins on the date of delivery of the first delivery. You can withdraw from the contract in any verifiable manner (in particular by sending an e-mail or a letter to us at our address specified next to our identification details). You can also use the model withdrawal form provided by us, which is attached to the terms as Appendix 2.

  • However, even as a consumer, you cannot withdraw from the contract if the subject of the contract is:

    • goods whose price depends on fluctuations in the financial market independent of our will and can occur during the withdrawal period;

    • delivery of alcoholic beverages, the price of which was agreed at the conclusion of the contract, which can be delivered after 30 days at the earliest and whose price depends on market price fluctuations over which we have no influence;

    • goods manufactured according to your specific requirements, which have been custom-made for you or goods designed specifically for an individual consumer;

    • goods that are subject to rapid deterioration or are perishable, and goods that have been inextricably mixed with other goods after delivery;

    • goods in sealed packaging that have been removed from the packaging and are not suitable for return for health or hygiene reasons;

    • the delivery of audio recordings, video recordings, audio-visual recordings, or computer software sold in protective packaging if the original packaging is damaged;

    • the delivery of newspapers, journals, or periodicals, with the exception of sales under subscription contracts and the sale of books not delivered in protective packaging;

    • delivery of digital content, unless it was delivered on a tangible medium and delivered with your prior express consent before the expiration of the withdrawal period and we have informed you that you have no right to withdraw from the contract.

  • The withdrawal period according to Article 8.2 of the terms is deemed to have been observed if you send us a notification during the withdrawal period that you are withdrawing from the contract.

  • In the event of withdrawal from the contract, the price will be refunded within 14 days from the date of the effective withdrawal to the account from which it was credited, or to the account selected when withdrawing from the contract. However, the amount will not be refunded until you have sent the goods back to us or can prove that they have been sent back to us. Please return the goods to us clean and, if possible, in the original packaging. The goods must not have been used! The goods may only be tried out to the extent that you would try on the goods in a retail store. Withdrawal from the contract is not to be interpreted as free use of the goods within the specified period. The goods are to be sent to Martin Bartko 215, 925 63 Dolná Streda, Slovakia. If you send the goods to another address, it is not possible to resolve this return.

  • In the event of withdrawal from the contract according to clause 8.2 of the terms, you must return the goods to us within 14 days of the withdrawal, hand them over to us or to a person authorized by us to receive the goods, and you shall bear the costs of returning the goods to us. This does not apply if we agree to collect the goods personally or through a person authorized by us. The deadline is met if the goods were handed over for transport no later than the last day of the deadline. You, in turn, are entitled to a refund of the transport price (towards you) by us, but only in an amount corresponding to the cheapest delivery method offered by us for the delivery of the goods.

  • You are liable for damage resulting from the fact that you handled the goods differently than is necessary according to their nature and characteristics. In such a case, we will invoice you for the damage after the goods have been returned to us, and the due date for the amount is 14 days. If we have not yet refunded the price to you, we are entitled to offset the cost claim against your claim for a refund of the price.

  • We are entitled to withdraw from the contract if the goods are not in stock, are unavailable or if the manufacturer, importer, or supplier of the goods agreed in the contract has stopped production or made significant changes that make it impossible for us to fulfill our obligations under the contract, or for reasons of force majeure, or if, despite all our efforts that can reasonably be required of us, we are unable to deliver the goods to you within the period specified in these terms. In this case, we will inform you immediately and refund the Total Price for the goods already paid within 14 days from the date of the notification of withdrawal from the contract. We will refund the Total Price paid for the goods in the same way you paid the Total Price, without prejudice to our right to agree with you on a different type of refund, provided that no further costs are incurred in connection therewith.

  • We are also entitled to withdraw from the contract if you have not accepted the goods within 5 working days after the date on which you were obliged to accept the goods.

Making Suggestions and Complaints

  • As a consumer, you have the right to submit suggestions and complaints in writing by e-mail to: ba@soi.sk

  • We will inform you via e-mail at your e-mail address about the evaluation of the complaint.

  • The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, with its registered office at Bajkalská 21 A, tel. no. 02/58272172.

  • If you are not satisfied with the processing of your complaint, you can also submit your complaint electronically via the platform available on the website: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

Alternative Dispute Resolution with Consumers

Final Provisions

  • If our legal relationship with you has an international element (e.g., if we ship goods outside the Slovak Republic), the relationship is always governed by the law of the Slovak Republic. However, if you are a consumer, your statutory rights under the legal regulations are not affected by this arrangement.

  • All correspondence with you will be conducted via e-mail. Our e-mail address is listed next to the information about our identity. We will send the correspondence to your e-mail address specified in the agreement, in your User Account, or through which you contacted us.

  • The contract can only be modified by written agreement between us. However, we are entitled to change these terms, whereby such a change will have no effect on contracts already concluded, but only on contracts concluded after the change comes into force. However, we will only inform you about the change if you have created a User Account (so that you have this information in case you order new goods, but the change does not trigger a right of termination, as we do not have an existing contract that can be terminated) or we are to deliver goods to you regularly and repeatedly under the contract. We will send you information about the change to your e-mail address at least 14 days before the change comes into force. If we do not receive a notification from you within 14 days of sending the change notification, the new terms become part of our contract and apply to the next delivery of goods after the effective date of the change. The notice period in the event of termination is 2 months.

  • In the event of force majeure or unpredictable events (natural disasters, pandemics, operational disruptions, failures of subcontractors, etc.), we are not liable for damages caused by or in connection with force majeure or unpredictable events, and if this condition lasts longer than 10 days, we and you have the right to withdraw from the contract.

  • A sample complaint form and a sample withdrawal form are attached to the General Terms and Conditions.

  • The contract, including the terms, is archived electronically by us but is not accessible to you. However, you will always receive these General Terms and Conditions and the order confirmation with a summary of the order via e-mail and thus always have access to the contract without our intervention. We recommend that you always save the order confirmation and the General Terms and Conditions.

  • Our activity is not subject to any code of conduct according to § 3(1)(n) of the Act on Consumer Protection in Distance Sales.

  • These terms are valid and effective as of January 1, 2022.