of L.W.S., s.r.o., with its registered office at Drieňová 3, 821 01, Bratislava, Slovak Republic, Company ID (IČO): 35 775 521, registered in the Commercial Register of the District Court Bratislava 1, Section: Sro, Insert No.: 19917/B (hereinafter the “Terms”).

 

I. General provisions

 

1. These Terms apply to the contractual relationships that arise between the seller and the buyer on conclusion of a purchase contract, and form part of every purchase contract concluded between the contracting parties. The buyer may be either a natural person or a legal entity.
2. By completing the “Order” form and confirming that they have read these Terms (hereinafter the “order”), the buyer accepts these Terms of the seller, which form an integral part of every purchase contract and are permanently available on the seller’s website.
3. The seller is also the operator of the e-commerce system run through the seller’s website (hereinafter the “shop”).
4. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons who, when concluding a purchase contract under these Terms, are not acting in the course of their business activity are governed, in addition to the general provisions of Act No. 40/1964 Zb., the Civil Code, as amended, by special regulations, in particular Act No. 102/2014 Z. z. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded off the seller’s business premises, and Act No. 250/2007 Z.z. on consumer protection.
5. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with legal entities or with natural persons acting as entrepreneurs are governed by the provisions of Act No. 513/1991 Zb., the Commercial Code, as amended.
6. The buyer is any person (natural or legal) who has completed and submitted an order via the seller’s website, received an email notification that the order has been accepted and paid the purchase price. The buyer is also any person who has placed an order by telephone or by email and has confirmed by email their acceptance of the seller’s price quotation and of the Terms.
7. An order means the “Order” form completed and submitted by the buyer and processed by the shop system. If the buyer does not use the option of ordering via the order form within the meaning of the previous sentence, an order placed by telephone, or sent by email or by post to the seller’s address, is also considered an order.
8. The order contains information about the customer and the product ordered. On the basis of the order, an invoice for payment of the purchase price is generated automatically for the customer. If the buyer does not use the option of ordering via the order form but places the order by telephone, by email or by post to the seller’s address, the seller will send the buyer a price quotation by email.
9. A product means a movable item offered for purchase in the online shop, in particular textile products, clothing, leather goods and clothing accessories. Each product in the online shop is marked with an order number and a name and is shown in an illustrative photograph, which does not, however, reflect all size and colour variants.   The specification and functional properties of each product are stated with it.

 

II. Ordering a product

 Conclusion of the purchase contract

1. An electronic order for products placed by completing the “Order” form, followed by payment of the purchase price in accordance with the automatically generated invoice, constitutes the buyer’s proposal to conclude a purchase contract. The purchase price is deemed paid on the day the funds are credited to the seller’s account.
2. The seller accepts the order for products, and the purchase contract is thus concluded, on the basis of written (electronic) confirmation of receipt of the order and confirmation that the purchase price has been credited to the seller’s account; at the same time, the seller informs the buyer that the product has been submitted for dispatch.
3. Sending a price quotation prepared by the seller on the basis of the buyer’s telephone or email order is likewise considered a proposal to conclude a purchase contract. In this case, the purchase contract is concluded when the buyer confirms the price quotation in writing (electronically).
4. In the case of an order placed via the “Order” form, the buyer must always pay the seller the purchase price in advance; otherwise the purchase contract is not concluded.
5. In the case of an order under point 3 of this article of the Terms, the buyer must pay the purchase price on the basis of an invoice issued by the seller and delivered to the buyer.
6. The purchase contract is concluded for a fixed term and terminates when the obligations of the seller and the buyer have been fulfilled.

 

III. Purchase price and payment terms

1. The price of products ordered through the online shop (hereinafter the “purchase price”) is always generated specifically for each individual customer after the order has been completed on the seller’s website. In the case of an order under Article II point 5 of this article of the Terms, the seller will send the buyer a price quotation by email.
2. The seller does not guarantee that purchase prices will remain valid over time for the same order placed at any point in time. For the avoidance of doubt, the purchase price generated for a specific order does not change once it has been paid by the due date.
3. The purchase price of the products does not include the cost of delivery or any other costs related to delivering the products.
4. The base currency is the euro.

 

 IV. Delivery of products

1.  The seller must deliver the products to the buyer in the quantity and quality ordered and, in the case of a buyer within the meaning of Article I point 5, together with a written copy of these Terms if it has not already provided them earlier, together with the tax documents relating to the product and other documents, if any exist and are customary for the product concerned. If a written copy of these Terms was not delivered with the product to a buyer within the meaning of Article I point 5, the buyer must notify the seller of this in writing no later than three days from the day the product was received; otherwise the seller’s obligation to deliver a written copy of these Terms is presumed to have been fulfilled.
2. The seller processes all orders received in the order in which they are delivered to it. The delivery period for an ordered product is 7 working days from the day the purchase price is credited to the seller’s account. In the case of a special request (in particular, but not exclusively, a request for special finishing processes or a special raw material), the delivery period is extended by further  working days, which will be notified by email in the price quotation.
3. If the seller cannot deliver the ordered product to the buyer, despite the fact that the purchase contract has been concluded, it must inform the buyer of this without undue delay and refund the purchase price paid for the product within 15 days, unless the contracting parties agree on substitute performance. On refund of the purchase price paid, the contractual relationship between the seller and the buyer automatically terminates.
4. The place of delivery of the ordered product is the address given by the buyer in the order.
5. The seller will deliver the product by its own means into the hands of the buyer (or of a person authorised by the buyer in writing to receive the product), or through third parties (carriers and parcel delivery companies).
6. Delivery of the product takes place when it is handed over to the buyer (or to a person authorised by the buyer in writing to receive the product), or when it is handed over to the first carrier for transport.
7. The product being transported must be packed appropriately and securely. By signing the consignment note/delivery note, the buyer confirms not only delivery but also that the packaging was not damaged and that the product was delivered complete in accordance with the order.
8. On personal collection, if the product is visibly damaged or has detectable defects, the buyer is entitled to refuse to accept the product. By accepting the product, it is presumed that it had no defects detectable on personal inspection of the product. For both personal collection and delivery by parcel service, the buyer is   also  required to record a note of any damage to the product on the consignment note/delivery note with an accurate description of that damage, immediately on receipt in the case of defects detectable on receipt, or no later than 10 days after receipt in the case of hidden defects. Any defects and damage notified later, or complaints about the quantity and quality of the product delivered, will not be accepted by the seller.
9. Together with delivery of the goods, the seller will provide the buyer with confirmation of the conclusion of the contract on a durable medium.

 

 V. Acceptance of the product

1. The buyer must accept the ordered product that the seller has delivered to the place of delivery specified in the order.
2. If the buyer does not accept the product, the seller will store it at its premises and invite the buyer in writing to collect it. If the buyer does not collect the product within 30 days from the day the written invitation is delivered, the buyer must pay the seller a contractual penalty in an amount equal to the purchase price of the product including the delivery charge. This does not affect the seller’s claim to further costs incurred as a result of the buyer’s breach of the obligation to accept the product, nor its claim to compensation for damage. On expiry of the period for subsequent acceptance of the product, the contractual relationship established by the purchase contract between the seller and the buyer terminates.
3. The risk of damage to the product and liability for damage to the product pass to the buyer on acceptance of the product, regardless of whether the buyer accepts the product in person or through a designated/authorised person. In the case referred to in point 2 of this article of the Terms, the risk of damage to the product and liability for damage to the product pass to the buyer on the day the buyer failed to accept the product at the first delivery attempt.

 

 VI. Delivery charges

1. The seller’s delivery costs are not included in the purchase price of the product. They will be itemised in the automatically generated invoice or in the price quotation sent by email,  and the buyer undertakes to pay them together with the purchase price.
2. For the purpose of delivering the goods, the buyer’s personal data will be provided to the delivery company. Further information on personal data can be found in point IX Protection of personal data.

 

 VII. Withdrawal by the buyer from the purchase contract

1. The buyer may withdraw from the purchase contract in accordance with, and in the manner set out in, the Civil Code. The buyer has the right to withdraw from the purchase contract without giving a reason within 14 calendar days from the day on which the buyer, or a third party designated by the buyer other than the carrier, takes receipt of the product.
2. To exercise the right of withdrawal, the buyer must inform the seller of the decision to withdraw from the contract by an unequivocal statement, by letter sent by registered post to the seller’s address given in these Terms. For this purpose, the buyer may use the model withdrawal form published on the seller’s website.
3. The withdrawal period is met if the buyer sends the notice of exercise of the right of withdrawal before the withdrawal period expires, that is, no later than on the 14th day from the start of the withdrawal period.
4. Following withdrawal from the contract, the seller will refund to the buyer all payments made by the buyer in connection with the conclusion of the contract, in particular the purchase price including the cost of delivering the goods to the buyer. This does not apply to additional costs if the buyer chose a type of delivery other than the least expensive standard delivery offered by the seller. Payments will be refunded to the buyer without undue delay and no later than 14 days from the day the notice of withdrawal from the contract is delivered. The refund will be made using the same means of payment that the buyer used to pay the purchase price and related costs, unless the buyer has expressly agreed to a different means of payment, and without any further fees being charged.
5. Payment for the purchased goods will be refunded to the buyer only after the returned goods have been delivered back to the seller’s address.
6.  In the event of withdrawal from the contract, the buyer must send the goods back or bring them to the seller’s address given in these Terms no later than 14 days from the day the right of withdrawal was exercised. The period is met if the buyer sends the goods back before the 14-day period expires. The direct cost of returning the goods is borne by the buyer. The buyer is liable for any reduction in the value of the goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Withdrawal from the contract by buyers that are business entities is subject to the statutory conditions set out in the Commercial Code.
8. The buyer may cancel, without a financial penalty, only an order placed via the “Order” form, within 24 hours from the day the payment order for the purchase price was submitted, but no later than before  the purchase price is credited to the seller’s account, and must at the same time notify the seller of this by telephone and in writing. The seller undertakes to refund the purchase price to the buyer within 15 days if it has been credited to the seller’s account, unless the contracting parties agree on substitute performance. If the seller’s price quotation has been accepted by sending a confirmation email, cancellation is not possible.
9. If the order is cancelled after the purchase price has been credited to the seller’s account, or if the buyer does not fulfil the notification obligation under point 5 of this article of the Terms, the seller is not obliged to accept the cancellation of the order and the purchase contract is deemed to have been duly concluded.
10. The seller does not accept returned products sent cash on delivery. Where there are statutory grounds, the buyer must return the product as a standard postal parcel or via a parcel delivery company.
11. The seller’s contact details in the event of withdrawal from the contract or a complaint under the following article are as follows:

address: L.W.S., s.r.o.,

Magnetová 13, 831 04 Bratislava,

Slovak Republic

telephone: +421 2 43193964fax: +421 2 43193960email. info@alaindelon.sk

 

VIII. Liability for defects, warranty and complaints

1. The seller is not liable for defects in the product if they are caused by poor-quality materials supplied by the buyer.
2. The seller is not obliged to notify the buyer that the materials supplied are of insufficient quality. The seller does not check the quality of the materials supplied and does not modify or alter them in any way,  but processes them automatically. Likewise, the seller is not responsible for the content of the materials or their compliance with generally binding legal regulations, nor for any infringement of third-party intellectual property rights.
3. The buyer alone is liable for defects in products caused by the supply of defective/poor-quality materials.
4. The buyer is responsible for the content of the materials and their compliance with the generally binding legal regulations of the Slovak Republic and/or with general morality, and is liable for any damage that may be caused to third parties in connection with the use of the products.
5. If, when processing an order, the seller finds that the content of the materials supplied is defamatory, or contrary to the seller’s moral and ethical views or to generally binding legal regulations, the seller is entitled to withdraw from the purchase contract by sending written notice by email that the order confirmation has been cancelled. The buyer is not entitled to any compensation other than a refund of the purchase price already paid.
6. The seller provides a warranty on the products delivered in accordance with the applicable legal regulations of the Slovak Republic. The warranty period starts on the day the buyer takes receipt of the product. For buyers that are business entities, liability for defects in the product and the warranty conditions are governed by the provisions of the Commercial Code.
7. If a product is returned with a defect that became apparent only after receipt and that was not obvious or detectable during a normal check on receipt, the buyer is entitled to a reasonable discount on the purchase price corresponding to the nature and extent of the defect, or to a refund of the purchase price. If the defect makes the item unusable, the buyer is entitled to withdraw from the contract. By agreement between the contracting parties, the defective product may also be replaced with a new product free of defects. Damaged or defective goods must be complete.
8. The buyer is entitled to make a complaint about a product within the warranty period, without undue delay after becoming aware of the defect, by sending a written complaint to the seller’s address given in these Terms, in accordance with generally binding legal regulations.
9. The seller must deal with the complaint and notify the buyer in writing (electronically or by post) of the outcome within 30 days from the day the written complaint is received.
10. The procedures set out in this article also apply, by analogy, to the submission of a grievance or a notice by the buyer.

 

IX. ALAIN DELON CLUB

 

1. Any customer who makes a purchase of any value in any ALAIN DELON store or through the alaindelon.sk online shop may become a member of the ALAIN DELON Club. 
2. If the customer has given consent to the processing of personal data (information on the processing of personal data is available in point IX of the Terms) by signing when registering for the ALAIN DELON Club, the customer’s purchases can be added together. Once the total exceeds EUR 300 including VAT, the customer is entitled to a 5% discount on full-price items until the end of the current calendar year and throughout the following calendar year.
3. The customer can extend the club discount for a further period through repeated cumulative purchases totalling at least EUR 300 including VAT in the calendar year concerned.

 

X. Protection of personal data and privacy

 

1. By submitting an order through the online order form, the Buyer confirms that they are familiar with the conditions for the protection of personal data, that they agree with their wording and that they accept them in full.
2. The Seller is the controller of the Buyer’s personal data under Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 "GDPR"). The Seller undertakes to process personal data in accordance with the law, in particular the GDPR and Act No.18/2018 Z.z. on the protection of personal data.
3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or 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.
4. When an order is placed, the personal data needed to process the order successfully are required (in particular name and address, and contact details). The purpose of processing personal data is to process the Buyer’s order and to exercise the rights and fulfil the obligations arising from the contractual relationship between the Seller and the Buyer. A further purpose of processing personal data is to send commercial communications and carry out other marketing activities. The legal basis for processing personal data is the performance of a contract under Article 6(1)(b) GDPR, compliance with a legal obligation of the controller under Article 6(1)(c) GDPR and the legitimate interest of the Seller under Article 6(1)(f) GDPR. The Seller’s legitimate interest is the processing of personal data for direct marketing purposes (sending newsletters).
5. To perform the purchase contract, the Seller uses the services of subcontractors, in particular a mailing service provider (personal data are stored in third countries) and a web hosting provider. The subcontractors have been vetted for the secure processing of personal data. The Seller and the subcontractors have concluded a data processing agreement under which the subcontractors are responsible for properly securing personal data and are therefore directly liable to the Buyer for any leak or breach of personal data.
6. The Seller stores the Buyer’s personal data for as long as necessary to exercise the rights and fulfil the obligations arising from the contractual relationship between the Seller and the Buyer and to pursue claims arising from these contractual relationships (for 10 years from the end of the contractual relationship). After this period, the data will be erased.
7. The Buyer has the right to request from the Seller access to their personal data under Article 15 GDPR, rectification of personal data under Article 16 GDPR, or restriction of processing under Article 18 GDPR. The Buyer has the right to erasure of personal data under Article 17(1)(a) and (c) to (f) GDPR. The Buyer also has the right to object to processing under Article 21 GDPR and the right to data portability under Article 20 GDPR.
8. The Buyer has the right to lodge a complaint with the Office for Personal Data Protection of the Slovak Republic if they believe that their right to the protection of personal data has been infringed.
9. The Buyer is not obliged to provide personal data. However, providing personal data is a necessary requirement for concluding and performing the purchase contract, and without it the purchase contract cannot be concluded or performed by the Seller.
10. The Seller does not carry out automated individual decision-making within the meaning of Article 22 GDPR.
11. Once an order has been placed and delivery by post or courier has been selected, the Seller provides the Buyer’s personal data, namely first name and surname, address, telephone number and email address, to a third party (a company providing courier services) for the purpose of delivering the goods.
12. Consent to the processing of personal data may be withdrawn at any time by email to info@alaindelon.sk or in writing to L.W.S., s.r.o. Drieňová 3, 821 01 Bratislava. 

 

XI. ALTERNATIVE DISPUTE RESOLUTION

A customer who is a consumer has the right to contact the seller ALAIN DELON - L.W.S., s.r.o. (hereinafter also the “seller”) with a request for redress if they are not satisfied with the way in which the seller has dealt with their complaint, or if they believe that the seller has otherwise infringed their rights.

If the seller rejects the request for redress or does not respond to it within 30 days from the day it was sent, the consumer has the right to submit to an alternative dispute resolution body a request to initiate alternative resolution of a consumer dispute, containing the particulars required under § 12 of Act No. 391/2015 Z. z. on alternative resolution of consumer disputes, as amended (hereinafter the “Alternative Dispute Resolution Act”).

The body for alternative resolution of consumer disputes is the Slovak Trade Inspection (Slovenská obchodná inšpekcia), Prievozská 32, P.O. Box 5, 820 07 Bratislava 27 (

http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi) or another competent authorised legal entity entered in the list of alternative dispute resolution bodies kept by the Ministry of Economy of the Slovak Republic (the list is available at

http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov).

The buyer who is a consumer is entitled to choose which alternative consumer dispute resolution body to approach.

In the case of a contract concluded online, the consumer may use the online dispute resolution platform for the alternative resolution of their dispute, which is available at http://ec.europa.eu/consumers/odr/

When submitting a complaint to the ODR platform, the consumer completes the electronic complaint form in the language of their choice. The information submitted must be sufficient to determine the competent online alternative dispute resolution body. The consumer may attach documents in support of the complaint.

Alternative dispute resolution may be used only by a consumer (a natural person who, when concluding and performing a consumer contract, is not acting in the course of their business, employment or profession) who, on the day the contract was concluded or, in the case of a distance contract, on the day the order was sent, had their permanent or habitual residence in the Slovak Republic (domestic dispute) or in another EU member state (cross-border dispute). Alternative dispute resolution concerns only a dispute between a consumer and the seller arising from or relating to a consumer contract. The alternative dispute resolution body may reject the request if the quantifiable value of the dispute does not exceed EUR 20.

If necessary, please contact the seller at ALAIN DELON - L.W.S, s.r.o. Drieňová 3, 821 01 Bratislava. The seller’s email address for resolving disputes with consumers is: info@alaindelon.sk.

More detailed information can be found in Act No. 391/2015 Z. z. on alternative resolution of consumer disputes, in Regulation (EU) No 524/2013 of the European Parliament and of the Council, in Act No. 102/2014 Z. z. on consumer protection in the distance selling of goods or the provision of services under a distance contract, and on the website of the Ministry of Economy of the Slovak Republic (http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/alternativne-riesenie-spotrebitelskych-sporov).

 

***

These Terms apply in the wording published on the seller’s website and have been approved by the competent body of L.W.S., .s.ro.

This version of the Terms is effective from 25.5.2018

***

These Terms apply in the wording published on the seller’s website and have been approved by the competent body of L.W.S., .s.ro.

This version of the Terms is effective from 25.5.2018