General Terms and Conditions

General Terms and Conditions

I.

Basic provision

1. These General Business Terms and Conditions (hereinafter referred to as the "Business Terms") are issued:

       Diamonds International Corporation - DIC SK s.r.o.

       Registered office: Krasovského 13, 851 01 Bratislava

       Company ID: 36645974

       VAT ID: SK 2022127140

       Represented by: Mgr. Katarina Petrenko, secretary

       Registered in the Business Register of the OS Bratislava I, dept. ltd. No. 59484 / B

       Contact: officesk@dicholding.com, Tel .: 00421 917496197

          (hereinafter referred to as the "Seller")

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who concludes the Purchase Agreement outside of his / her business as a consumer or in the course of his / her business activity (hereinafter referred to as the "Buyer") through a web interface located on a web site (www.dicholding.com) (hereinafter referred to as the "internet shop").

3. The provisions of Business Terms and Conditions are an integral part of the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.

4. These Business Terms and Conditions and the Purchase Agreement shall be concluded in the Slovak language.

II.

Information about goods and prices

1. Information about the goods, including the indication of the price of the individual goods and their main features are given for individual goods in the online store catalog. Goods prices are quoted including value added tax, all associated fees, and the cost of returning the goods, unless such goods cannot by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed terms.

2. All presentations of the goods placed in the internet shop catalog are of an informative nature and the Seller is not obliged to conclude a purchase contract for the goods.

3. The online store discloses information on the costs associated with packing and delivery of goods. Information on the costs associated with the packing and delivery of goods is given in the Traffic Conditions.

4. Any discounts on the purchase price of the goods cannot be combined together unless the Seller and the Buyer agree otherwise.

III.

Order and conclusion of the purchase contract

1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of Internet connection, telephone call costs) shall be borne by the Buyer himself. These costs do not differ from the basic rate.

2. The Buyer performs the order of goods in the following ways:

• By means of his / her customer number, if he / she has done the previous registration in the online store,

• filling in the order form without registration.

3. When placing an order, the Buyer selects the goods, the number of items, the way of payment and delivery.

4. Before the order is dispatched, the Buyer is allowed to check and modify the data he has placed in the order. The order is sent by the Buyer to the Seller by clicking Send. The information given in the order is considered by the Seller to be correct. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the Buyer that he has become acquainted with these terms and conditions.

5. As soon as the order has been received, the Seller will send the Buyer an acknowledgment of receipt of the order to the email address the Buyer entered when ordering. This acknowledgment is considered to be a contract. Attachment of the confirmation is the current business conditions of the Seller. The purchase contract is concluded by the Seller's confirmation of the order at the Buyer's email address.

6. If any of the requirements specified in the order cannot be fulfilled by the Seller, the Buyer will receive a modified offer to his / her email address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is then concluded by a Buyer's acknowledgment of receipt of this offer to the Seller at his email address specified in these Terms and Conditions.

7. All orders received by the Seller are binding. The Buyer may cancel the order unless the Buyer receives a notice of acceptance of the order by the Seller. The Buyer can cancel the order by phone at the Seller's phone number or by e-mail to the Seller's email, both of which are listed in these terms and conditions.

8. In the event of an obvious technical error on the part of the Seller when the price of the goods is placed in the online store or during the order, the Seller is not obliged to deliver the goods to the Buyer for this grossly erroneous price, even if the Buyer has received an automatic acknowledgment of receiving an order in accordance with these terms and conditions. The Seller will inform the Buyer of the error without undue delay and will send the Buyer a modified offer to his / her email address. The revised bid is considered a new draft Purchase Agreement, and the Purchase Agreement is then concluded by a Buyer's acknowledgment of receipt of this offer to the Seller at his email address specified in these Terms and Conditions.

IV.

Customer's account

1. Buyers can access their customer account after the registration to the online store. From the customer account, the Buyer can order goods. Buyer can order goods even without registration.

2. When registering to a customer account and ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The details given in the user account are obligatory for the Buyer to update upon any of their changes. The information given by the Buyer in the customer account and when ordering the goods are by the Seller considered as correct.

3. Access to the customer account is secured by username and password. Buyer is required to maintain confidentiality regarding the information required to access his customer account. Seller is not responsible for third parties' possible misuse of the customer account.

4. The Buyer is not entitled to allow the use of the customer account to third parties.

5. The Seller may cancel the user account, especially if the Buyer does not use his user account for a long period of time or if the Buyer violates his obligations under the sales contract and these terms and conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller or necessary maintenance of hardware and software of third parties.

V.

Payment terms and delivery of goods

1. The Buyer may pay the price of the goods and any costs associated with delivering the goods under the sales contract in the following ways:

• Non-cash transfer to the Seller's bank account

IBAN: SK55 1100 0000 002923123614 SWIFT: TATRSKBX led by Tatra Bank

• with cashless payment card

• by wire transfer to the Seller's account via the payment gateway

in cash or by credit card upon personal collection at the premises.

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods at the contractual amount. Unless stated explicitly otherwise, the purchase price includes costs of delivery of goods.

3. In the case of cash payments, the purchase price shall be payable upon receipt of the goods.

4. In the case of a non-cash payment, the purchase price is payable within 2 days of the conclusion of the purchase contract.

In the case of payment via a payment gateway, the Buyer proceeds according to the instructions of the respective electronic payment provider.

5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require the Buyer to forward any deposit or other similar payment. Payment of the purchase price before shipment of goods is not a pre-payment.

7. Under the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with tax administrators online, in the event of a technical outage, then within 48 hours at the latest.

8. Goods are delivered to the Buyer:

- to the address specified by the Buyer in the order

- by personal pick-up at the vendor's shop (showroom)

9. The method of delivery is chosen during the ordering of the goods.

10. The cost of delivering goods depending on the method of dispatch and receipt of the goods is specified in the Buyer’s order and in the Seller’s order confirmation. If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.

11. If the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, according to the purchase contract, the Buyer is obliged to accept the goods upon delivery. In case it is necessary for the Buyer to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another delivery method.

12. Upon receipt of the goods from the transporter, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating an unauthorized intrusion, the Buyer is not required to accept the delivery of the consignment from the carrier.

13. The Seller shall issue to the Purchaser a tax document - an invoice. The tax document is attached to the goods delivered.

14. The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, returning the delivery costs, but first by taking over the goods. Responsibility for accidental loss, damage or destruction of the goods passes to the Buyer at the moment of taking over the goods or when the Buyer has the obligation to take over the goods but does not do so in contravention of the purchase contract.

VI.

Withdrawal from the contract

1. A Buyer who has concluded a purchase contract outside his / her business as a consumer has the right to withdraw from the sales contract without giving any reason.

2. The withdrawal period shall be 14 days

• from the date of receipt of the goods,

• From the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts

• from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.

3. The Buyer cannot, in addition, withdraw from the purchase contract:

• if it has been fulfilled with his prior explicit consent before the expiration of the withdrawal period and the Seller has informed the Buyer, before concluding the contract, that he has no right to withdraw from the contract to complete the service,

• for the delivery of goods or services whose price depends on financial market fluctuations, regardless of the Seller's will, which may occur during the withdrawal period,

• for the supply of goods the price of which was agreed upon at the time of conclusion of the contract, which may be delivered after thirty days and whose price depends on market fluctuations independent of the Seller's will,

• of the delivery of goods adjusted according to the Buyer's wishes, tailor-made goods or goods intended personally for one Buyer,

• of the delivery of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery due to their nature,

• of the delivery of goods in a sealed envelope which is unsuitable to return for health or hygiene reasons and whose protective packaging has been damaged after delivery,

• of the supply of audio recordings, image recordings, audio image recordings, books or computer software if sold in a protective package and the Buyer has unpacked the packaging,

• of the delivery of newspapers, periodicals or magazines, except for sales under a subscription and sale agreement for books not provided in the protective package,

• the delivery of electronic content other than on a physical carrier if its provision has begun with the express consent of the purchaser and the Buyer has stated that he has been duly instructed that, by expressing this consent, he is missing the right to withdraw from the contract,

• in other cases mentioned in § 7 par. 6 of Act No. 102/2014 Coll. on the protection of consumers in the sale of goods or the provision of services on the basis of a distance contract or contracts concluded outside the premises of the Seller's premises as amended by the worst regulations.

4. In order to comply with the withdrawal period, the Buyer must submit a cancellation notice within the withdrawal period.

5. In order to withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer resigns from the sales contract by sending the withdrawal to the Seller's email address or mailing address specified in these terms and conditions. The Seller will acknowledge receipt of the form without delay.

6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by postal route.

7. If the Buyer withdraws from the contract, the Seller shall return the funds, including delivery costs received by him, in the same manner without delay, but no later than within 14 days of withdrawal. Seller will only accept the funds received by the Buyer in a different way if the Buyer agrees and does not incur additional costs.

8. If the Buyer opts for a different than the cheapest way of delivering the goods the Seller offers, the Seller will return the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.

9. If the Buyer resigns from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer submits the Goods or proves that the Goods have been dispatched to the Seller.

10. The goods must be returned by the Buyer to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally offset the claim for damages arising out of the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to the resale of the stock, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller shall immediately inform the Buyer by the e-mail address given in the order and within 14 days of the notice of withdrawal of the purchase contract, return all funds, including the delivery costs he has received under the contract, in the same manner or in the manner specified by the Buyer.

VII.

Rights from defective performance

  1. The Seller is liable to the Buyer that the goods are not defective upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

• the goods have properties that the parties have negotiated and if there is no negotiation, it has properties that the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertiser's advertising,
• the goods are fit for the purpose for which they are used by the Seller or to which goods of this type are normally used,
• the goods correspond to the quality or performance of the agreed design or masterpiece if the quality or design has been determined in accordance with the agreed pattern or masterpiece,
• the goods are in the appropriate quantity or weight; and
• the goods comply with legal requirements.

  1. If the defect occurs within six months of receipt of the goods by the Buyer, the goods shall be deemed to have been defective at the time of acceptance. The Buyer is entitled to claim the rights to a defect that occurs with consumer goods within twenty-four months of the takeover. This provision does not apply to goods sold at a lower price for a defect for which the lower price has been agreed for the wear and tear of goods caused by its normal use, the used goods for a defect corresponding to the degree of wear or tear used by the goods upon takeover by the Buyer from the nature of the goods.
  2. In the event of a defect, the Buyer may submit a claim to the vendor requesting:

• with regard to a defect that can be eliminated:

• free removal of the defect,

• replacement of goods for new goods,

• for a defect that cannot be eliminated:

• a reasonable discount on the purchase price,

• withdraw from the contract.

  1. The Buyer has the right to withdraw from the contract,

• if the goods have a defect that cannot be eliminated and which prevents the thing from being properly used as a thing without fault,

• if the goods cannot be properly used for repeated defects or defects after repair,

• if he can not properly use the goods for more defects of goods.
 

  1. The Seller is obliged to accept a complaint at any premises where the claim is accepted, possibly at the registered office or place of business. The Buyer can apply the claim even to the person designated by the Seller. If the consumer's claim is handled by a person designated by the Seller, he can only handle the complaint by handing the repaired goods, otherwise the claim will be transferred to the Seller. Seller is required to provide the Buyer with a written confirmation of the Buyer's right to claim, what the complaint is, and which complaint settlement does the Buyer require, as well as a confirmation of the date and method of processing the claim, including the confirmation of the repair and the duration of the claim, or written justification for the refusal of the claim.
  2. If a consumer claims a claim, the Seller or employee or designated person is obliged to instruct the consumer about his rights resulting from faulty performance.
    Based on consumer choice, which of rights arising from the defective performance he applies, the Seller or an authorized officer or designated person must determine the method of settling the claim immediately, in complicated cases, no later than in three working days after the complaint, in justified cases, especially if a complex technical improvement of the condition of the goods is required, no later than 30 days after the date of the claim.
    After determining how a complaint is handled, complaints, including the removal of a defect, must be handled immediately, and in justified cases a complaint may be dealt with earlier.

However, the settlement of the claim, including the removal of the defect, may not take more than 30 days from the date of the claim. The expiration of this period is considered a substantial breach of contract and the Buyer has the right to withdraw from the sales contract or has the right to exchange the goods for new goods. The claim is considered to be applied is the moment when the Buyer's will (application of the right of defective performance) occurs to the Seller.

  1. The Seller shall inform the Buyer in writing of the outcome of the claim no later than 30 days after the date of the claim.

  1. The right of defective performance does not belong to the Buyer if the Buyer knew that the thing has a defect, or if the Buyer itself caused the defect.

  1. In the event of a legitimate claim, the Buyer is entitled to a refund of the expense incurred in connection with the claim. This right may be exercised by the Buyer at the Seller within one month after the expiration of the warranty period.

  1. Choosing the way of claiming and handling it, if there are more options, has the Buyer.
     
  2. The rights and obligations of the parties to the rights of defective performance are governed by Sections 499 to 510, Sections 596 to 600, and Sections 619 to 627 of Act No. 40/1964 Coll. The Civil Code as amended and the Act No. 250/2007 Coll., On Consumer Protection as amended.
     
  3. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's claim rules.

VIII.

Delivery

1. The Contracting Parties may communicate all written correspondence by electronic mail.

2. The Buyer delivers the Seller's correspondence to the email address specified in these Terms and Conditions. The Seller delivers the correspondence to the Buyer at the email address listed in his customer account or in the order.

IX.

Out-of-court dispute resolution

  1. The consumer has the right to contact the Seller for a remedy if he is not satisfied with the way the Seller has dealt with his claim or if he believes that the Seller has breached his rights. The consumer has the right to make a proposal to start an alternative (extrajudicial) dispute settlement with an ADR entity if the Seller has responded negatively or refused a request within 30 days from the date of dispatch. This is without prejudice to the consumer's ability to apply to court.
  2. The responsibility of the out-of-court settlement of consumer disputes under the sales contract has the Slovak Trade Inspection, with registered office: Prievozská 32, 827 99 Bratislava, IČO: 17 331 927, which can be contacted for this purpose at the Slovak Trade Inspection, Central Inspectorate, relations and alternative dispute resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at ars@soi.sk or adr. @ soi.sk. Internet address: https://www.soi.sk/. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the sales contract.
  3. European Consumer Center Slovak Republic, with registered office at Mlynské nivy 44 / a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council from 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
  4. The Seller is authorized to sell goods on the basis of a trade license. Trade control is exercised within its authority the District Office Department of trading. The Slovak Trade Inspection exercises, among other things, the supervision of compliance with Act No. 250/2007 Coll. on consumer protection in the wording of the worst regulations.

X.

Final provision

  1. All arrangements between the Seller and the Buyer are governed by the legal order of the Slovak Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship is governed by the law of the Slovak Republic. This is without prejudice to consumer rights resulting from generally binding legislation.
  2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Act No. 250/2007 Coll. on Consumer Protection as amended.
  3. All rights to the Seller's website, in particular copyrights to the content, including layout of the site, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.
  4. The Seller shall not be liable for any errors resulting from third-party interference with the Internet Store or as a result of its use contrary to its intended purpose. Buyer may not use procedures that may adversely affect its operation and may not engage in any activity that might allow him or third parties to tamper with or use the software or other components of the Internet shop and use the Internet shop or its parts or software equipment in a way that is inconsistent with its purpose.
  5. The purchase contract, including the business terms and conditions, is archived by the Seller in electronic form and is not publicly accessible.
  6. The Seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
  7. An annex to the Business Terms and Conditions is a template for withdrawal.

These Terms and Conditions become effective on 1.11.2018.