GENERAL TERMS AND CONDITIONS

Great rent a.s.

1. Introductory provisions

• These General Terms and Conditions (hereinafter referred to as “GTC”) govern the relations, rights and obligations of the parties under the contract for work and/or purchase agreement, where on the one hand the company Great rent a.s., CIN: 05509769, registered office: Velvarská 1628/41, Dejvice, 160 00 Prague 6, registered in the Commercial Register kept by the Municipal Court in Prague, Section B, Entry No. 21952 (“Great rent a.s.“) as the contractor or seller and on the other hand, the customer or buyer, who can be a business entity, a legal person, a non-entrepreneur or a consumer. These GTC govern the mutual rights and obligations between the seller and the buyer, as well as between the customer and the contractor who has given the seller or the contractor a proposal for the conclusion of a purchase agreement or a contract for work, and these GTC are part of such a contract.

The Supplier declares that in relation to its customers he carefully takes care to comply with all his duties and obligations under the legal order of the Slovak Republic and the European Union and guarantees them the full exercise of their rights.

Terms and conditions are drawn up in accordance with the provisions of the Act No. 40/1964 Coll. Civil Code as amended and the Act No. 250/2007 Coll. on the protection of consumers and on the amendments to the Act of the Slovak National Council No. 372/1990 Coll. on offences as amended, as well as in accordance with the provisions of the Act No.513/1991 Commercial Code, as amended, in force in the Slovak Republic.

• The Parties defined the following terms for the purposes of the GTC:
  • “Supplier” or “Contractor” means Great rent a.s., whether acting as the seller from the purchase agreement or the contractor from the contract for work.
  • “Customer” means the Consumer or the Entrepreneur or legal entity or the non-Entrepreneur, whether acting as the buyer from the purchase agreement or the customer from the contract for the work.
  • “Consumer” means a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business or other business activity.
  • ”Entrepreneur” means:
• a person registered in the Commercial Register,
• a person who does business on the basis of a trade license,
• a person who does business on the basis of a non-trade license under specific regulations,
• a person who carries out agricultural production and is registered under a special regulation.

In the event that the Customer specifies the CIN in their order, the Customer shall be deemed to place an order as an entrepreneur and it shall be noted that the rules set out in the GTC for entrepreneurs apply to it.

• "Civil Code" means the Act No. 40/1964 Coll. Civil Code, as amended by later regulations.
• “Commercial Code“ means the Act No. 513/1991 Coll. Commercial Code, as amended by later regulations.
• “Goods” means a work and/or an object of sale, or a service to be made, provided and/or delivered to the Customer on the basis of the Contract.
• “Price” means, in accordance with legal regulations, the contractually agreed remuneration for the production of Goods or for the sale of Goods.
• “Act” means the Act No. 102/2014 Coll. on the protection of consumers when selling goods or providing services under a distance contract or a contract concluded outside the premises of the seller and on amendments and supplements to certain acts as amended, applicable in the Slovak Republic.
• “Contract” means a purchase agreement or a contract for work concluded between the Supplier and the Customer. An order submitted by the Contractor and accepted by the Customer shall also be considered a Contract. A contract concluded at a distance, or concluded by confirming the order given by the Customer through the e-shop on the websiteyophine.com is also considered a Contract.

• The legal relationships of the Supplier with the Customer, who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Contractor and the Customer shall be governed by the provisions of the Commercial Code.
• The legal relationships of the Supplier with the Customer, who is the Consumer, not expressly regulated by these GTC or the Contract between the Contractor and the Customer shall be governed by the relevant provisions of the Civil Code and related legislation.
• These GTC or the Contract do not in any way restrict the rights of the Consumer given to him by the applicable laws in the country of their jurisdiction. Any provision of the GTC or the Contract which would infringe the rights of the Consumer given to him by applicable law in the country of their jurisdiction shall be invalid. Instead of such a provision, the provisions of the given legal regulations shall apply.
• In the event of any differences between the GTC and the Contract, the regulation in the Contract shall prevail.
• By signing the Contract (including the order), the Customer confirms having become familiar with these GTC, the wording of which is available on the www.yophine.com website, and whose integral part is formed by the Notification prior to the conclusion of the purchase agreement for the Consumer, contained in Article 2 of the GTC, as well as the complaints procedure and the privacy policy, and declares to agree therewith, in the version in force and effective at the moment of conclusion of the Contract.
• These GTC also apply to all Contracts concluded at a distance via the e-shop on the websiteyophine.com, or other site operated by the Supplier through which the Supplier offers products, works and services.

2. Notice before the conclusion of the contract for the Consumer

• In accordance with the law, the Contractor informs the Consumer that:
  • the costs of means of long-distance communication do not differ from the basic rate (in the case of Internet and telephone connections according to the conditions of the Customer's operator, the Contractor does not charge any additional fees, this does not apply to possible contractual transport);
  • requires payment of the price before the acceptance of the performance by the Customer from the Contractor or the obligation to pay a deposit or similar payment related to the requirements of the Customer to provide specific services, if required and provided;
  • The Contractor shall not enter into Contracts with the subject of repeated performance, if such contracts are mediated (for example, in the case of credit financing in the case of payment of the purchase price in instalments), the shortest period for which the contract will bind the parties is announced by the provider of the repeated performance, including price data, or the method of its determination for the accounting period, which is always one month, if this price is constant;
  • in the case of license agreements concluded for an indefinite period, the price of the license shall be agreed for the entire period of the license, unless otherwise specified;
  • the prices of Goods and services are in the on-line store, if it will be operated by the Contractor, both including VAT and without VAT, including all fees established by law, but the costs of delivering the goods or services vary according to the method and type of transport providers chosen by the customer and the method of payment for the order,
  • The Consumer has the right to withdraw from the Contract under the conditions specified herein.

3. Contract

• Unless otherwise specified in the GTC, the Contract is concluded at the moment of its signing by all Parties.
• In the case of a Contract concluded remotely, the order is considered to have been made remotely at the moment when the Customer places the selected Goods in the basket and submits the order in the manner specified on the relevant website. The Customer is obliged to check all data provided/selected when creating the order. The Customer acknowledges that the colour display of Goods on the monitor may not exactly correspond to the real colour shades as the Customer will perceive them in reality. The display of colour shades depends, among other things, on the quality of the display monitor, or other similar device.
• The distance Contract is concluded by confirmation of the order created by the Customer on the part of the Supplier, while the Supplier is not responsible for any data transmission errors. The Supplier shall immediately confirm the conclusion of Contract to the Customer by an informative e-mail to the e-mail provided by the Customer. The current version of the Supplier's GTC is attached to the confirmation.
• The resulting Contract (including the agreed price) may be changed or cancelled only upon agreement of the Parties in the form of an amendment or on legal grounds, unless these GTC provide otherwise.
• The Contractor undertakes to make and/or deliver the Goods subject to the Contract to the Customer, and to enable the Customer to acquire ownership rights to it, and the Customer undertakes to take over the Goods and pay the agreed price to the Contractor.
• The Customer acknowledges that there may be cases when the Contract between the Supplier and the Customer is not concluded, especially when the Customer orders the Goods at a price published by mistake due to the fault of the Supplier’s internal information system or a mistake by its staff. In such a case, the Supplier shall be entitled to withdraw from the Contract, even after the Customer has received an e-mail confirming his order, and the Supplier shall immediately inform the Customer. Examples of when the price may be erroneous are, but not exclusively, the following cases:
  • The price of Goods is at first sight incorrect (e.g. does not take into account the purchase Price or the usual Price of Goods);
  • The Price has one or more digits missing or extra;
  • The discount on Goods exceeds 50%, without the Goods being part of a special marketing campaign or a sale event marked with a special symbol corresponding to the amount of discount.

4. Supply of Goods

• The Supplier shall deliver the Goods to the Customer in the agreed quantity, quality and design. If it is not agreed how to pack the Goods, the Supplier shall pack the Goods according to the customs; if there are no customs, then in a manner necessary for the preservation of Goods and their protection.
• Unless otherwise specified in the Contract or the GTC, the Contractor shall meet the obligation to hand over the Goods to the Customer, if it allows him to handle the Goods at the place of performance, and shall notify him in due time. In the event that the Customer does not take over the Goods without the prior written withdrawal from the Contract within five working days after the expiry of the period specified in the Contract, the Supplier shall be entitled to claim compensation for the incurred damage in the amount of the actual costs of attempting failed delivery of the order. After five working days from the date on which the Customer is obliged to take over the Goods, the Supplier is entitled to withdraw from the Contract and sell the Goods to a third party.
• If the Supplier shall send the Goods via the carrier, and the Customer is not the Consumer, the Supplier’s obligation is deemed to be fulfilled by handing over the Goods to the carrier for transport to the Customer, while the Supplier also allows the Customer to exercise the rights from the transport contract to the carrier.
• If the Supplier shall send the Goods via the carrier, and the Customer is the Consumer, the Supplier’s obligation is deemed to be fulfilled by the delivery of the Goods to the Customer via the carrier. The Customer is obliged to inspect the Goods immediately and in the event of any obvious defects notify the Supplier without delay, otherwise the claims arising from these defects to the Supplier shall be extinguished. Provisions of point 4.5 below is not affected.
• The Customer is obliged to check the complete packaging when taking over the Goods (both personal and non-personal). Upon delivery by the carrier (courier), in case of finding damage and/or incomplete Goods upon receipt, the Customer is obliged to immediately write a damage report on the spot about the incomplete packaging. Any subsequent claims of this kind may be accepted only if the Customer proves that the Goods had the claimed defects already at the time of its takeover. The Customer is obliged to check the contents of the package when collecting in person, as it will be necessary to prove the incomplete packaging upon receipt of the additional claim.
• The period for the delivery of Goods is 30 days. In the case of distance contracts, the period of 30 days shall apply if there is no other period specified in the e-shop or in the Contract.
• In the case of pre-orders of Goods that are not yet in stock and in the case of Goods that are still to be manufactured, the estimated indicative delivery time is specified in the e-shop or in the Contract and the Customer acknowledges that this may be changed and is not binding on the Supplier.
• The Supplier shall have the right to cancel the order if, due to the stock sell-out or the unavailability of Goods or materials for its production, the Supplier is unable to deliver the Goods to the Customer within the period specified by these GTC or in the price specified in the on-line shop or agreed in the Contract, unless the Customer agrees to a substitute performance. The Customer shall be informed of the cancellation of the order by telephone or e-mail, and in case of payment of the Price or part thereof, the funds will be returned within 14 days to the bank account specified by the Customer, unless otherwise agreed with the Supplier.
• If the subject of delivery under the Contract is the Goods made-to-order, which is to be produced in the future, the Customer is aware of the fact that after payment of the advance, the Supplier will place the order in the process of production of Goods, thereby generating significant costs related to it. The Customer is therefore aware that if, after that time, for any reason arising from a substantial breach of the Contract by the Supplier, the Customer refuses to take over the Goods or does not take over it within an additional period of at least 5 working days, or otherwise causes the proper performance of the Contract or its termination to be prevented, the Supplier shall be entitled to claim compensation for the damage caused to the Supplier. In this case, the Customer will be obliged to pay the Supplier a contractual penalty in the amount of 25% of the Price. The Supplier is entitled to set off the contractual penalty or part of it against the paid deposit of the Price.
• If the subject of the Contract is the Goods to be produced, the delivery date of Goods specified in the Contract is agreed by the parties as the expected (indicative) delivery date. Due to the outages in the global supply of raw materials, materials and energy, as well as the outage in transport, the Supplier cannot guarantee any term of production of Goods. The Parties agree that the delivery date of Goods is postponed by the delay in delivery of the materials necessary for its production, and the Supplier undertakes to inform the Customer thereof without any delay. If the delivery time is extended by more than 30 days compared to the estimated delivery date specified in the Contract, the Customer shall be entitled to withdraw from the Contract within 10 days from the date the Supplier notifies him of a new expected delivery date, without any compensation for damages or other penalties against the Supplier.
• The Supplier shall not be obliged to deliver the Goods to the Customer before the full amount of the Price is paid.
• If the subject of Contract is Goods which are in stock with the Supplier, the delivery date of Goods specified in the Contract is considered to be agreed as the exact delivery date by the Parties. Otherwise, the Supplier shall deliver the Goods without undue delay after the conclusion of the Contract, the modification of Goods according to any requirements of the Customer and payment of the entire Price.
• The Supplier undertakes to inform the Customer about the readiness of the Goods for handover and the date of delivery (the “Delivery date”). In the event that the Goods are delivered to the Customer via the carrier, the Customer is obliged to take over the Goods from the carrier. In the event that the Customer cannot take over the Goods within the Delivery date, the Customer is obliged to inform the Supplier of the above without delay and propose a new delivery date, not later than 10 (ten) days from the Delivery date. The Customer shall be entitled to withdraw from the Contract at any time after the Delivery date. The Buyer's delay in taking over the Goods entitles the Supplier to storage fees in the usual amount, but at least in the amount of 5 EUR ex. VAT for each day of the Customer's delay in taking over the Goods, which the Customer undertakes to pay in full. The Supplier shall not be obliged to deliver the Goods to the Customer prior to payment of the entire storage fees hereunder.
• The Supplier shall not be in delay with the delivery of the Goods in case the Customer is in delay with payment of any part of the Price, and the delivery periods shall be extended by the Customer's delay in payment of the advance payment for the Price or the Price, as well as the duration of the obstacles that occurred independently of the Supplier's will and prevent him from handing over the Goods.
• The Supplier, who is otherwise obliged to deliver/hand over the Goods to the Customer, may withhold the Goods to secure any of its payable monetary claim against the Customer. The Supplier is obliged to notify the Customer without undue delay of the retention of Goods (exercise of the retention right) and the reasons for the retention. The retention right of the Supplier shall cease to exist by the full satisfaction of the secured claim. The Supplier shall not be in delay with the delivery of Goods and the delivery periods shall be extended by the Customer’s delay in paying the advance for the Price or the Prices, as well as the duration of the obstacles that occurred independently of the Supplier’s will and prevent him from handing over the Goods (e.g. force majeure circumstances).
• The Parties agree that in circumstances of force majeure affecting the delivery time of Goods, demonstrable outages in the supply of essential raw materials and materials necessary for the production of Goods and the delay in their supply, consisting in circumstances independent from the Supplier, such as the epidemic of communicable disease, war conflicts, government decisions, natural disasters, strikes, transport lockouts, delays in delivery by raw material suppliers, political conflicts, etc., as well as interruptions in production of the suppliers of Goods components caused by given circumstances

5. Contract withdrawal

Withdrawal from the distance contract with the Consumer:

• The Consumer has the right to withdraw from the distance Contract (unless otherwise specified below) within 14 days, which elapses in the case of:

1. Contract with the subject of one or more Goods, from the date of receipt of each of the Goods,
2. Contract, the subject of which is delivery of several parts of one Goods, from the date of receipt of the last part of the Goods,

the Consumer must send this withdrawal to the Contractor’s address, to the Contractor’s e-mail address, to notify the Contractor in person at the Contractor’s operation or a registered user can use the form for withdrawing from the Contract, which is available for download on the website www.yophine.com, or it will be sent together with the order confirmation.

• The Consumer may withdraw from the Contract, the subject of which is the delivery of Goods before the withdrawal period begins.
• The Consumer may not withdraw from the Contract, the subject of which is:

1. the provision of service, if its provision started with the express consent of the Consumer and the Consumer said to be well informed that by expressing his consent he loses his right of withdrawal after full provision of service, and if the service was fully provided.
2. the sale of goods or the provision of service whose price depends on fluctuations in the financial market which cannot be controlled by the Contractor and which may occur during the withdrawal period;
3. The sale of goods made according to the specific requirements of the Consumer, custom-made goods or goods intended specifically for one consumer;
4. the sale of goods subject to rapid deterioration or destruction;
5. the sale of goods sealed in a protective packaging which is not suitable to be returned for health protection or hygiene reasons and whose protective packaging has been broken after delivery,
6. the sale of goods which, by their nature, can be inseparably mixed with other goods after delivery,
7. the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence,
8. the execution of urgent repairs or maintenance that the Consumer has expressly requested from the Contractor; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the Contractor's visit to the Consumer and the Consumer did not order these services or goods in advance,
9. the sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the Consumer has unpacked this packaging,
10. the sale of periodical newspapers, with the exception of sales under a subscription agreement, and the sale of books not supplied in a protective packaging,
11. the provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services within the agreed time or within the agreed time period,
12. the provision of electronic content other than on a tangible medium, if the performance of the contract has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that by expressing this consent he loses the right of withdrawal from the contract.
    • In the event of withdrawal from the Contract, the Consumer is obliged to send back the Goods or hand them over to the Supplier or to the person authorized by him at the store or to the carrier not later than within 14 days of the withdrawal from the Contract. The time period shall be deemed to have been met if the Foods have been handed over for transport at the latest on the last day of the period. The Goods must be returned in full, with complete documentation, undamaged, clean, preferably including the original packaging, in the state and value in which they were taken over. In the case of consumer Goods, it is possible to withdraw from the Contract only if the Consumer delivers the Goods undamaged and unused in the intact original packaging.
    • In the event of withdrawal from the Contract, the Consumer shall bear only the cost of returning the Goods to the Contractor or to the person authorized by the Contractor for the takeover of the Goods.
    • The Consumer is obliged to pay a proportion of the price for the performance actually provided only in the event of withdrawal from the Contract, the subject of which is the provision of services and its performance has already begun, for the performance actually provided until the date of delivery of the notification of withdrawal; the condition is that the Consumer has given explicit consent to such provision of services before the expiry of the withdrawal period.
    • The Consumer acknowledges that if gifts are provided with the Goods, a gift contract is concluded between the Contractor and the Customer with the condition that if the right to withdraw from the Contract is used, the gift contract loses its effectiveness and the Customer is obliged to return the returned Goods together with related provided gifts. In the event that these are not returned, these values will be understood as an unreasonable enrichment of the Customer. In case of withdrawal from the gift contract, the Contract does not expire, and gift contracts are considered separately from this point of view.
    • In the event of withdrawal from the Contract, the Contractor shall not be obliged to return the funds to the Consumer before the Goods are returned.

Withdrawal from the Contract with the Consumer not concluded at a distance.

• In the case of a Contract with the Consumer not concluded at a distance, the provisions of the Civil Code, the Contract itself and the GTC apply to the withdrawal.
• The Parties agree that any Party may withdraw from the Contract only for reasons specified in the Contract or in the Act in the event of a material breach of the Contract.
• The Supplier is entitled to withdraw from the Contract also due to the stock sell-out, unavailability of Goods or if the production is impossible by another objective fact. The Supplier shall deliver the withdrawal from the Contract to the Customer with information on the reason for withdrawal without delay, via the email address specified in the Contract and/or in writing to the Customer's address specified in the Contract, and within 14 (fourteen) days from the notification of withdrawal from the Contract, return all funds to the Customer received on the basis of the Contract, in the same way as these were paid to him by the Customer, or in another way determined by the Customer.
• The Supplier shall be entitled to withdraw from the Contract also in the event that the Customer is in delay with taking over the Goods for more than 30 (thirty) days or refuses to accept the Goods and its delay or refusal is not caused solely by circumstances on the part of the Supplier or by force majeure; in such a case, in addition to the fee in the amount of the normal time and place, the Supplier shall also be entitled to compensation for damage. In case of delay of the Customer taking over the Goods within the meaning of the previous sentence, the Supplier shall at the same time have the right to payment of the contractual penalty in the amount of 25% of the Price of Goods. The Supplier is entitled to set off the contractual penalty against his obligation to return the advance. The provisions of Article 4 related to Goods to be produced to order are not hereby affected.
• The Supplier may withdraw from the Contract even if:
  • The Customer is late with payment of any part of the Price (including advance payment) and will not pay this in the additional period of at least 15 days,
  • The Customer is late in providing the cooperation under the Contract and does not provide it even within the additional 40-day period for its provision,
  • The Customer doesn't not take over the Goods without justification, even within the replacement period in which the Supplier has invited him to take over the Goods.
• The Customer has the right to withdraw from the Contract without giving any reason, at the latest until the moment of delivery of Goods, if he pays the Supplier a severance fee of 20% of the Price, while the withdrawal is valid only after full payment of the severance fee. The Supplier is entitled to unilaterally set off the entitlement to severance fees against the paid advance for the Price. If the amount of the advance exceeds the amount of the severance fee, the Supplier shall return the difference to the Customer within 30 days from the date of withdrawal. If the amount of the advance payment is less than the amount of the severance fee, the Customer is obliged to pay the difference to the Supplier, otherwise the withdrawal will not enter into force.
• The Customer may withdraw from the Contract even if:
  • any of the Supplier’s declarations and warranties under the contract prove false and, as a result, the use of Goods is substantially limited and the Supplier fails to remedy the situation within thirty (30) days of receiving the Customer's written request and returning the Goods to disposition of the Supplier; or
  • in cases specified in the Act and the GTC.
• The withdrawal from the Contract shall be effective on the date of its delivery to the other Party, unless otherwise specified in the GTC. By withdrawal from the Contract, it expires on the effective date of the withdrawal, except for the provisions regarding the choice of law, dispute resolution between the parties, contractual penalties, and other provisions that, according to the expressed will of the parties or due to their nature, should last even after the termination of the Contract. In the event of withdrawal, the Parties are obliged to settle mutual rights and obligations in the sense that they will return already provided performance under the Contract, unless otherwise agreed. The Customer is obliged to refrain from any further use of Goods at the moment of withdrawal and is obliged to deliver it at his expense and risk to the Supplier's premises, including all its components and accessories, cleaned and in condition in which the Customer took it from the Supplier taking into account normal wear and tear not later than within three (3) days. In the event of a breach of this obligation, the Customer shall pay the Supplier a contractual penalty of 10% of the Price. The payment of the contractual penalty shall be without prejudice to the Supplier’s right to the return of Goods. All costs related to the return of Goods by the buyer shall be borne by the Customer after termination of the Contract.
• Unless otherwise agreed, the Supplier shall be obliged to pay the Customer the price of Goods, less the amount of the set-off claims against the Customer, not later than 14 (fourteen) days after the delivery/return of Goods. The Supplier shall be entitled to claim damages against the Customer, caused by a decrease in the price of Goods due to its wear and/or damage.

Withdrawal from Contract with the Customer, who is not the Consumer

• In the case of Contract with the Customer, who is not the Consumer, regardless of whether it is a Contract concluded at a distance or not, the provisions of the Commercial Code and the Contract itself and these GTC apply to the withdrawal.
• The Parties agree that any Party may withdraw from the Contract only on the grounds specified in the Contract or in the law in the event of a material breach of the Contract.
• The Supplier is also entitled to withdraw from the Contract due to the stock sell-out, unavailability of Goods or if the production and/or import of Goods is impossible by another objective fact. The Supplier shall deliver the withdrawal from the Contract to the Customer without delay, via the email address specified in the Contract and/or in writing to the Customer’s address specified in the Contract, and within 14 (fourteen) days from the notification of withdrawal from the Contract return all funds to the Customer, which he received from him on the basis of the Contract, in the same way as these were paid to him by the Customer, or in another way determined by the Customer.
• The Supplier shall be entitled to withdraw from the Contract also in the event that the Customer is in delay with taking over Goods for more than 30 (thirty) days or refuses to accept the Goods and its delay or refusal to accept the Goods is not caused solely by circumstances on the part of the Supplier or by force majeure; in such a case, in addition to the storage fee in the amount of EUR 10 for each started day, the Supplier is also entitled to compensation for damages. In case of delay of the Customer taking over the Goods within the meaning of the previous sentence, the Supplier shall at the same time have the right to payment of the contractual penalty in the amount of 30% of the Price of Goods. The Supplier is entitled to set off the contractual penalty against his obligation to return the advance.
• The Supplier may withdraw from the Contract even if:
  • The Customer is late with payment of any part of the Price (including advance payment) and will not pay this in the additional period of at least 10 days,
  • The Customer is late in providing the cooperation under the Contract and does not provide it even within the additional 40-day period for its provision,
  • The Customer doesn't not take over the Goods without justification, even within the replacement period in which the Supplier has invited him to take over the Goods.
• The Customer has the right to withdraw from the Contract without giving any reason at the latest until the moment of delivery of Goods, if he pays the Supplier a severance fee of 30% of the Price of Goods, while the withdrawal is valid only after full payment of the severance fee. The Supplier is entitled to unilaterally set off the entitlement to severance fees against the paid advance of the Price. If the amount of the advance exceeds the amount of the severance fee, the Supplier shall return the difference to the Customer within 30 days from the date of withdrawal. If the amount of the advance payment is less than the amount of the severance fee, the Customer is obliged to pay the difference to the Supplier, otherwise the withdrawal will not enter into force.
• The Customer may withdraw from the Contract even if:
  • any of the Supplier’s declarations and warranties under the Contract prove false and, as a result, the use of Goods is substantially limited and the Supplier fails to remedy the situation within thirty (30) days of receiving the Customer's written request; or
  • in cases specified in the law and the GTC.
• The withdrawal from the Contract shall be effective on the date of its delivery to the other Party, unless otherwise specified in the GTC. By withdrawal from the Contract, it expires on the effective date of the withdrawal, except for the provisions regarding the choice of law, dispute resolution between the parties, contractual penalties, and other provisions that, according to the expressed will of the parties or due to their nature, should last even after the termination of the Contract. In the event of withdrawal, the Parties are obliged to settle mutual rights and obligations in the sense that they will return already provided performance under the Contract, unless otherwise agreed in the GTC. The buyer is obliged to refrain from any further use of Goods at the moment of withdrawal and is obliged to deliver it at his expense and risk to the Supplier's premises, including all its components and accessories, cleaned and in condition in which the Customer took it from the Supplier taking into account normal wear and tear not later than on the next business day. In the event of a breach of this obligation, the Customer shall pay the Supplier a contractual penalty of 15% of the Price of Goods. The payment of the contractual penalty shall be without prejudice to the Supplier’s right to the return of Goods and compensation for the damage incurred. All costs related to the return of Goods shall be borne by the Customer after termination of the Contract. The Customer is not entitled to unilaterally set off his mutual claims arising from the Contract against the claim of the Supplier.
• Unless otherwise agreed in the GTC, the Supplier shall be obliged to pay the Customer the price of Goods, less the amount of the set-off claims against the Customer, not later than 14 (fourteen) days after the delivery/return of Goods. The Supplier shall be entitled to claim damages against the Customer, caused by a decrease in the price of Goods due to its wear and/or damage. The evaluation of the Goods by the Customer is not taken into account.

6. Price

• The Price of Goods is stated in the Contract. In the case of distance sales, the Prices stated for each product are final, i.e. including VAT, or all other taxes and fees that the Customer must pay to obtain the Goods; however, this does not apply to any charges for transport, cash on delivery and the costs of distance communication, which are stated only within the so-called shopping cart and their amount depends on the choice of the Customer.
• The Price does not include taxes and various types of fees, which under the applicable legislation burden the Customer.
• The Supplier shall have the right to unilaterally change the agreed Price in the event of a change in tax, foreign exchange, customs or other legislation affecting the Price of Goods, by the amount of higher costs and prices so incurred and by the increase in prices of Supplier's components of Goods independent of the Supplier’s will, namely for the price of such an increase in the price of inputs. In this case, the Supplier shall notify the Customer without delay. In the event that these changes increase the Price, the Customer shall be entitled to withdraw from the Contract within 10 days from the date of notification to the Supplier (with the justification of the increase in the price), without the Customer being entitled to compensation or other penalties against the Supplier, otherwise it shall be deemed that he agrees with the change of Price.
• The Price may also change to the inflation rate, i.e. changes in the Consumer Price Index (CPI) in the euro area (countries with an official Euro currency) declared by Eurostat for the period from the conclusion of the Contract to the time of acceptance of Goods by the Customer, if this is equal to or greater than 2.0%.
• The possible methods of payment of the Price are indicated in the on-line store, where the Customer chooses the method of payment for Goods when ordering. In the case of an agreement other than through the on-line shop, the method of payment of the Price is agreed and stated in the Contract.
• The Customer’s delay in paying the Price or any part thereof, including the advance, is considered a material breach of the Contract and establishes the Supplier’s right to withdraw from the Contract.
• In the event of delay in payment of the Price or any part thereof, including advance payment, the Supplier is entitled to the payment of interest on late payment in the amount of 0.05% of the amount due for each day of delay. This shall not affect the Supplier’s right to compensation for damages or the right to withdraw from the Contract. The Supplier shall be entitled to unilaterally set off the paid advance of the Price against its claim for interest on late payment under this point.
• In the event of delay in payment of any part of the Price or the existence of other due obligations of the Customer, the Supplier shall not be obliged to deliver any further ordered Goods until all due obligations of the Customer toward the Supplier are fully met.
• For each payment, also the advance payment for Goods, the Customer is obliged to mark the payment using the variable symbol, which is the Contract number, unless another number for the payment marking is specified in the Contract.

7. Transfer of ownership right and risk of damage

• The Supplier shall deliver the Goods to the Customer under his exclusive ownership under the terms of the Contract and the GTC and undertakes to allow the Customer to acquire the Goods into his exclusive ownership without defects, whether legal or defects related to the characteristics of the Goods.
• The ownership right to the Goods passes to the Customer only at the moment of full payment of the Price in full and payment of all related costs, in particular costs for other method of delivery of Goods, costs incurred as a result of delayed receipt of Goods, etc.
• The risk of damage to the Goods, including damage caused by accidental destruction or deterioration of Goods, passes to the Customer (I) at the moment of receipt of Goods by the Customer, or (ii) at the moment when the Customer is in delay with taking over the Goods.

8. Liability for defects and warranty

• In the case of Contract concluded with the Customer, who is not the Consumer, the Contractor shall be liable for defects within the meaning of the Commercial Code. The Contractor may provide the Customer with a quality assurance within the meaning of the Commercial Code.
• A defect is understood as a deviation in the quality of Goods, the scope and parameters of Goods specified in the Contract. The defect is not a deviation from the colour shade, nor other layout of decorative elements.
• The Customer is obliged to carefully inspect the Goods upon receipt and notify the Supplier of any defects, damages, missing equipment or accessories.
• The Supplier shall be liable for defects that the Goods have at the time of passing the risk of damage to the Customer and which were caused by a fault of the Supplier’s obligations. The rights and obligations arising from the warranty are not affected. The Supplier shall not be liable for defects of Goods which the Customer knew about at the time of taking over or, taking into account the circumstances in which the Goods were handed over to him, unless the defects relate to such properties of Goods which it should have had in accordance with the Contract. The Supplier shall not be liable for defects of Goods resulting from the performance of defective operations in the maintenance of Goods and the care of Goods and operations carried out in violation of the instructions for the use and maintenance of Goods listed below in these GTC.
• The warranty period starts from the date of receipt of Goods, even if the Customer was obliged to take over the Goods within a certain period, but did not do so for reasons for which the Supplier is not responsible, unless otherwise specified in the Contract or in the applicable legislation.
• The occurrence of any defect in Goods or the exercise of any right by the Customer from the Supplier's responsibility for defects in Goods do not invalidate the Contract and the parties are obliged to meet it. The Customer’s claims from defects in Goods will be settled according to the Contract, the GTC and the applicable legislation.
• If a defect, which the Supplier did not inform the Customer of, subsequently becomes apparent, the Customer has the right to a reasonable discount from the Price corresponding to the nature and extent of the defect; if it is a defect that makes the Goods unusable, he also has the right to withdraw from the Contract.
• If the defect can be removed, the Customer has the right to have it removed free of charge, in time and properly. The Supplier may at any time, at its own discretion, replace the defective goods for a defect-free instead of removing the defect, unless it causes serious difficulties to the Customer.
• In the event of a defect that cannot be removed and which prevents the Goods from being properly used, the Customer has the right to exchange the Goods or has the right to withdraw from the Contract. In the event of a non-removable defect, which does not prevent the use of Goods, the Customer has the right to a reasonable discount from the Price.
• The Customer is obliged to prove proper maintenance of Goods and care for Goods in accordance with the Instructions for its use and maintenance when making a complaint.
• The warranty for Goods does not apply and the claims for performance from liability for defects and from the warranty are excluded, and the Supplier is not responsible for defects arising in particular as a result of:
  • The wear and tear of Goods and its components resulting from the natural consequence of its use,
  • External action such as natural phenomena, force majeure, vandalism, scratches, etc., including damage to Goods due to the action of such external forces,
  • Incorrect maintenance and treatment of Goods, neglect of the due diligence of Goods,
  • Improper use of Goods, especially its use in aggressive environments, such as salt water, chemicals, etc.
  • The use of Goods contrary to its purpose and the normal way of use, such as the use of Goods in physically demanding sports,
  • Non-professional repair or maintenance of Goods,
  • Any interference in Goods, including its modifications, remodels, repairs,
  • Use of Goods in violation of the provisions of these GTC.
• The Customer must claim the defects from the Supplier without undue delay. The rights arising from liability for defects in Goods for which the warranty period applies will expire if they have not been exercised within the warranty period.
• All and any data on the appearance, equipment, dimensions, weight, construction, materials used and other data on the Goods given or published for advertising and promotional purposes are always indicative only and are not binding data on the properties and quality of Goods and their use does not give rise to any rights to the Customer, except for the data specified in the Contract.
• Guarantee
• In the case of a Contract concluded with the Consumer, the warranty on Goods is governed by the provisions of the Civil Code.
• In the case of a Contract with an Entrepreneur, the warranty on Goods shall only apply if it has been provided by the Contractor in the Contract, to the extent and length of which it was provided, in which case it shall be governed by the provisions of the Commercial Code.
• The warranty does not cover normal wear and tear of Goods and its parts, which wear out and lose their service life and in cases of exclusion of liability for defects mentioned above.

9. Complaints procedure

• In the event that the Goods sold have a defect, the Customer is entitled to complain about this in the Contractor's premises. The Customer is entitled to complain about the Goods by mail, or using a delivery service, by delivering the Goods to the Contractor's premises with a written description of the claimed defect. The costs of delivery shall be borne by the Customer. In the case of Goods purchased at a distance, the Customer has the right to make the complaint also electronically, via the complaint form located in the e-shop on the websiteyophine.com.
• In the event that the Goods have a removable defect, the Customer is entitled to request its removal within 30 days from the receipt of the subject of complaint by the Supplier. The Supplier is entitled to repair or replace the Goods at his own discretion.
• In the event that the service repair of Goods is not carried out within 30 days and it is a Contract concluded with the Consumer, the Customer is entitled to withdraw from the Contract.
• In the event that the service repair of Goods is not carried out within 30 days and it is a Contract concluded with the Entrepreneur, while the delay in repair was caused by delay in delivery of the replacement part, without which repair is not possible, the Contractor shall inform the Customer that in this case the period for resolving the defect is extended by another 30 days. If the Goods are not repaired or provided to the Customer, the Customer has the right to withdraw from the Contract.
• If the defect is not covered by the warranty, or it is a defect for which the Contractor is not responsible in accordance with the law or these GTC, the complaint shall be rejected and the Customer informed. In case of a Contract with the Entrepreneur, in case of an unjustified complaint, the Customer is obliged to reimburse the Contractor all costs that he had with the verification of the eligibility of the claim.
• Special provisions for Consumer complaints
• If the Consumer has made a claim within the first 12 months of the purchase, the Contractor may settle the claim by rejecting it only on the basis of a professional assessment; regardless of the outcome of the expert assessment, the Consumer cannot be required to pay the costs of expert assessment or other costs related to professional assessment. The Contractor shall provide the Consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the date of complaint.
• If the Consumer has made a claim after 12 months from the purchase and the Contractor has rejected it, the person who has handled the claim is obliged to indicate in the complaint settlement document to whom the Consumer can send the product for expert assessment. If the Goods are sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs shall be borne by the Contractor regardless of the outcome of the expert assessment. If the Consumer proves the Contractor’s liability for the defect by professional assessment, the claim may be reclaimed; during the performance of the expert assessment, the warranty period does not run. The Contractor is obliged to reimburse to the Consumer within 14 days from the date of the reclaim all costs incurred for the expert assessment, as well as all related costs reasonably incurred. The reclaimed claim cannot be rejected.
• The Contractor is obliged to issue a confirmation to the Consumer when making a claim. If the claim is made by means of distance communication, the Contractor is obliged to deliver the claim confirmation to the Consumer immediately; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, but at the latest together with the document on the settlement of the claim; the claim confirmation does not need to be delivered if the Consumer has the opportunity to prove the claim in another way.
• The Contractor is obliged to issue a written document within 30 days from the date of the claim settlement, but at the latest with the document on the settlement of the claim, if the period for its settlement began to run from the date of receipt of the subject of claim by the Contractor.
• The complaint is not affected by the right of the Consumer to compensation under a special regulation.

10. Force majeure

• If there is a situation which could not be foreseen at the time of conclusion of the Contract and which causes an obstacle on the part of the Supplier in the performance of his contractual obligations, the Supplier is entitled to postpone the date of performance by the time that the obstacle lasted.
• Force majeure also includes events that are beyond the control of the Supplier, such as wars, revolts, riots, strikes, natural disasters, as a result of these facts, delayed supply of materials not caused by the Supplier, energy outages, pandemics and epidemics, including measures by states aimed at overcoming them and similar events of force majeure, which interfere with the meeting of the Supplier's contractual obligations.
• The Supplier shall immediately inform the Customer of the impediment of force majeure.
• If the impediment of force majeure lasts more than 60 days, each of the Parties is entitled to withdraw from the Contract.

11. Instructions for use, maintenance and care for Goods

• Do not expose the Goods or parts to increased moisture, excessive heat and mechanical damage.
• Treat the Goods with a soft fabric that does not leave hairs or dust. Never push to break the installed expensive opals and other stones.
• Care for Goods
• Your Goods may contain opal. Please note that Opal is harder than pearl, but softer than sapphire.
• All precious jewellery on hands and feet must be worn only occasionally, for exceptional occasions. No gemstone (including diamond) can withstand strong impacts.
• Do not wear jewellery with opal, opal itself or other products that include precious stones in sports, outdoor work, housekeeping, sauna, wellness, when bathing in fresh or salt water or during activities where you could expose it to high pressure, impact, abrasion, or contact with chemicals (e.g. cleaning agents). Especially pay attention to the corners of the gemstone, which can easily be damaged by impact or pressure.
• Only clean the opal with a soft cloth, ideally silk.
• Do not expose precious stones to chemicals, including detergents and acids. Do not use ultrasound for cleaning.
• Do not expose the opal to thermal shock. The opal has bound water, it is a gemstone that can react to thermal shocks, especially due to the water content in the opal. Fast transfer from warm to cool place etc. can cause even complete destruction of opal and thus its degradation. For example, a transition from a cold environment to a sauna can cause the destruction of an opal.
• Store opal in healthy room air humidity between 40-60%.
• Do not expose the opal to a high source of heat, including sunlight, fire, etc.
• If you notice a scratch when checking the gemstone with your naked eye, please deliver it to us, we will treat your gemstone professionally.
• Opal can be porous. Do not expose highly porous pieces to any liquid, especially paints and chemicals.
• We can clean your jewellery with opal and other precious stones professionally and gently.

12. Recommendations for resale of Slovak opal – Dubník

• The purchase of precious stones has been verified by centuries.
• Advantages of Slovak opal:
  • Considerable property will fit in your pocket.
  • The possibility of a significant recovery of the funds spent.
  • Certified origin from Dubník.
• If you bought an opal for the purpose of investing, be aware that such a form represents a long-term investment. Since the highest price increase is usually the case with minimal or no stock of the bearing, the investment in the opal from Dubník is a good long-term investment.
• Protect your opal from damage, any damage reduces its value.
• If you decide to sell the Slovak opal – Dubník, ensure its thorough cleaning, polishing. It will increase its attractiveness and add to its beauty. This maximizes your profit.
• If you are interested in our service before selling your opal, please contact www.yophine.com, we will provide cleaning of the jewel and Slovak opal from the historical deposit of Dubník.

13. Changes to the GTC

• The Supplier is entitled to change these General Terms and Conditions by publishing the change or the new version on its website and from that moment the change is effective for all subsequent Contracts made after this date of publication.

14. Personal data protection

• The personal data provided by the Customer will be processed by the Supplier as the Controller (the “Controller”) within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation - GDPR) and the Act No. 18/2018 Coll. from on the protection of personal data and on supplements and amendments to certain acts, as amended.
• In the processing of personal data, the Customer is the data subject, i.e. the person whose personal data are processed, relate to the Customer. For the purpose of processing personal data, the supplier is in the position of the Controller.
• For the order, it is necessary for the Customer to provide the Contractor with some personal data, namely: name and surname, address of residence (street, number, postal code, municipality, Country), e-mail and telephone, as well as payment details (payment card details, bank account number) for payment of the Price, as well as possible refund of the Price in case of withdrawal from the Contract. We further process this personal data for the purpose of performing the Contract and our legal obligations toward you as the Customer.
• All personal data you provide to us is confidential and will be treated accordingly. The Supplier takes a responsible approach to the protection of personal data, has implemented and is constantly improving its protection system. Personal data are processed only to the extent necessary and for the necessary time, in accordance with applicable law and established internal rules.
• Personal data of the Contractor is processed for the purpose of concluding Contracts and selling Goods, as well as for the purposes of any claims, and if you give us your consent for marketing purposes and for keeping a loyalty card system if it is in place.
• The Customer has the right to be informed about the processing of their personal data, in particular access to personal data, correction of incorrect or completion of incomplete data, in justified cases to limit the processing or deletion of personal data, and in case of violation of the provisions of the GDPR or the Personal Data Protection Act to lodge a complaint with a supervisory authority, Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27. The Customer's personal data will be stored for the period necessary for the delivery of Goods, and compliance with our contractual and legal obligations as the Supplier, for registration in the loyalty system, if the Customer wants to be registered in this system and any complaints; after the expiry of the stated period it will be disposed of.
• Personal data are processed in accordance with the basic principles of personal data processing, where:
  • the personal data may be processed only in a lawful manner and in such a way that there is no breach of the fundamental rights of the data subject;
  • the personal data may only be collected for a specific intended and legitimate purpose;
  • the personal data processed must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • the personal data must be correct and updated as necessary;
  • the personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing of the personal data, accidental loss, destruction or damage to the personal data, by appropriate technical and organizational measures;
  • the personal data of the data subject must be processed exclusively and only in a manner that adequately ensures the protection of the rights and freedoms of natural persons with regard to the processing of their personal data in information systems.
• For more detailed information on the protection of personal data, please refer to the Contractor’s Privacy Policy.

15. Dispute resolution and communication

• Pursuant to the Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and on on supplements and amendments to certain acts, the Slovak Trade inspection, the Central Inspectorate, the Department for International Relations has competence for the alternative dispute resolution for consumer disputes, with the registered office at Bajkalská 21/A, P.O. BOX 29, 827 99 Bratislava, Tel.: +421 (0)2/58 27 21 23 or +421 (0)2/58 27 21 41; internet address: https://www.soi.sk/sk; electronic submission address: ars@soi.sk or adr@soi.sk.
• The on-line dispute resolution platform is also available at http://ec.europa.eu/consumers/odr and it can be used to resolve disputes between the seller and the buyer from the purchase agreement. European Consumer Centre in the Slovak Republic, Ministry of Economy of the Slovak Republic, Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, Tel.: +421 905528 477, E-mail: ECCNET-SK@ec.europa.eu; Internet address: https://esc-sr.sk/ is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and complements the Regulation (EC) No. 2006/2004 and the Directive 2009/22/EC (the on-line consumer dispute resolution regulation).
• The Supplier is entitled to sell the Goods to the Customer as the final consumer on the basis of a trade license. The trade control is carried out within its competence by the relevant trade authority.
• The Slovak Trade inspection performs within the defined scope, inter alia, the supervision of compliance with the Act on Consumer Protection.
• Each Consumer has the right to turn to the ADR entity in order to protect their consumer rights. The Supervisory Authority for compliance with the Consumer Protection Act is the Central Inspectorate of the Slovak Trade inspection, P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, www.soi.sk, Consumer Protection Department, Tel. +421/2/58 27 21 32.
• If the document is served in person, by post or by courier to the address of the party, it shall be deemed to have been served:
  • by receiving it by the addressee of the document, or
  • in the event that the addressee has refused to accept it, or it has returned to the sender for any other reason as undeliverable, it is considered delivered on the day the undelivered item is returned to the sender.
• In the case of delivery by e-mail, the shipment shall be deemed to have been delivered on the day following the date of dispatch to the e-mail address of the party specified in the Contract.
• Regular operational relations between the parties will be conducted in person, by telephone or by e-mail.
• Contact person on behalf of the Supplier in technical matters: Mgr. Igor Kromka, telephone number: 00421 911 114 833, e-mail address: igor@yophine.com.
• The contact details of the Customer are stated in the Contract.

16. Final provisions

• All agreements between the Supplier and the Customer shall be governed by the laws of the Slovak Republic. This shall be without prejudice to the rights of the consumer arising from applicable law.
• The provisions of the GTC are part of the Contract. Different arrangements in the Contract take precedence over the provisions of these GTC.
• If the relationship established by the Contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic and the dispute is discussed and decided by the courts of the Slovak Republic.
• All rights to the Supplier's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and features belong to the Supplier or to any of its contractual partners. It is prohibited to copy, modify or otherwise use the websites or any part thereof without the permission of its owner. The Supplier shall not be liable for errors resulting from interference by third parties to the websites of its e-shop yophine.com or as a result of their use in violation of their designation.
• In the event that any provision of the Contract or these GTC is invalid, ineffective or unenforceable, or if this is the case after the conclusion of the Contract, this shall not affect the validity, effectiveness or enforceability of the other provisions of the Contract or these GTC. The Parties undertake to replace without delay the invalid, ineffective or unenforceable provision of the Contract or these GTC with such a valid, effective and enforceable provision which, by its content, corresponds as much as possible to the economic purpose pursued by the invalid, ineffective or unenforceable provision.
• The Supplier reserves the right to change these GTC. The Seller shall be entitled to change these Terms and conditions from the date of their publication at the Seller’s website. The Customer declares that he had sufficient time to become familiar with the contents of the valid GTC, he has been thoroughly acquainted with their contents, these are known to him, understood their content and agrees with the terms and conditions in their entirety, and confirms this by signing and concluding the purchase agreement.
• These GTC enter into force and effect on 4.8.2023.