The purpose of these terms and conditions is to define and specify the rights and obligations of the seller (supplier) on the one hand and the buyer (customer, consumer) on the other. All contractual relations between the seller and the buyer are concluded in accordance with the law of the Slovak Republic. In the event that the contracting party is a consumer, the legal relations not governed by these Terms and Conditions shall be governed by Act No. 40/1964 Coll. Civil Code, as amended, Act no. 250/2007 Coll. on Consumer Protection, as amended, Act no. 108/2000 Coll. on Consumer Protection at Home and Mail Order, as amended. If the contracting party is an entrepreneur, the legal relations not governed by these Terms and Conditions shall be governed by Act No. 513/1991 Coll. Commercial Code as amended.

1 Definition

1.1 In these Terms and Conditions:

1.1.1 "E-shop" means a computer program - an Internet application, which is available on the Internet through the Internet address maja1001.eu, whose main functionality is the display, selection and ordering of goods by the User;

1.1.2 "Consumer Contract" means the Purchase Contract if the contracting parties are, on the one hand, the supplier and, on the other hand, the consumer;

1.1.3 "Seller" (supplier) means a person who, in concluding and performing a consumer contract, acts within the scope of his commercial or other business activity. It is an entrepreneur who offers or sells products or services to a consumer and also an entrepreneur who, directly or through other entrepreneurs, supplies a product to the buyer;

1.1.4. "Consumer" (buyer) means a person who purchases products or uses services for his personal use or for members of his household and who, when concluding and performing a consumer contract, does not act within the scope of his commercial or other business activity;

1.1.5 A non-consumer buyer is a person who, in concluding and performing a sales contract, acts in the course of his business or other business activity;

1.1.6 Conclusion of the purchase contract - the buyer's order constitutes a proposal to conclude the purchase contract. The purchase contract itself is concluded at the moment of delivery of binding consent of the seller to the draft purchase contract to the buyer, i. binding confirmation of the order by the seller. From this moment, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these terms and conditions. The terms and conditions are an integral part of the sales contract;

1.1.7 “Shopping Cart” means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User in the context of its action in the user interface of the E-shop, in particular by adding or removing the Goods, respectively. Services / or by changing the quantity of the selected Goods, resp. services;

1.1.8 “Civil Code” means Act No. 40/1964 Coll., The Civil Code, as amended;

1.1.9 “Operator” means Marian Vajda, IČO: 41770358, with place of business Kubáňovo 7, 935 75 Kubáňovo, SLOVAKIA;

1.1.10 "Access Data" means a unique login name and a password associated with it entered by the User in the E-shop database during the Registration;

1.1.11 “Registration” means the electronic registration of the User to the E-shop database by filling at least the obligatory registration data in the E-shop user interface and Access data and then storing them in the E-shop database;

1.1.12 "User" means any legal or natural person using the E-shop;

1.1.13 “User Account” means the part of the E-shop that is established by each Registration for each User (ie it is unique for each User) and made accessible after entering the Access Data;

1.1.14 "Goods" means an item offered by the Operator for sale to the User through the E-shop and, if offered for the Goods, also a license to use this item;

2 The process of concluding the Contract

2.1 The Operator offers the Users the conclusion of the Purchase Contract through the E-shop. The offer for concluding the Purchase Contract by the Operator is the display of a button marked "BUY" in the user interface of the E-shop.

2.2 For the unconditional acceptance of the Provider's offer for the conclusion of the Purchase Contract pursuant to para. 2.1 of these Terms and Conditions by the User is considered a click on the button marked "DOKONČIŤ OBJEDNÁVKU" (COMPLETE ORDER).

2.3. 2.2 of these Terms and Conditions is a Purchase Contract.

2.4 The Contract is concluded at the moment when the electronic information about the click on the "DOKONČIŤ OBJEDNÁVKU" (COMPLETE ORDER) button is sent to the server where the E-shop is installed via the Internet.

2.5 The User undertakes to fill in the correct text fields in the user interface of the E-shop with truthful and complete data, in particular truthfully fill in his / her email address, identification data and eventually delivery address. The User acknowledges that the Operator will enter the data reasonablyto be correct and complete and is not obliged or authorized to check the entered data.

2.6 The Operator shall send the User an e-mail about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user interface of the E-shop.

3 Purchase contract

3.1 By concluding the Purchase Contract, the following provisions become effective:

3.1.1 The User purchases from the Operator the Goods selected by the User in the E-shop user environment by inserting them into the Shopping Cart in the quantity that the User has chosen and / or set for the Goods in the E-shop user environment and the User undertakes to pay to the Operator the price for such Goods in the user environment of the E-shop.

3.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment the Goods are sent to the User for any reason or without giving any reason. The legal action of the Operator based on the notification to the User that the Goods ordered by the User cannot be delivered shall also be considered a withdrawal from the Purchase Contract.

3.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and until the receipt of the order confirmation from the User, the Operator is entitled to delay sending the Goods to the User.

3.1.4 The manner of packing the Goods is determined solely by the Operator.

3.1.5 The User is obliged to pay to the Operator the costs associated with packaging and delivery of the goods to the User in the amount stated in the given order in the user interface of the E-shop.

3.1.6 The User has the right to choose from the options displayed to the User in the user interface of the E-shop the method of payment of the purchase price for the Goods and eventually other monetary payments to the Operator.

3.1.7 If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making this payment, which are stated for the given payment in the user interface of the E-shop.

3.1.8 In the case of cashless payment by bank transfer, the User is obliged to state the variable symbol specified by the Operator.

3.1.9 In the case of a non-cash payment, the User's obligation to pay the purchase price is met when the respective amount is credited to the bank account specified by the Operator.

3.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on Goods may be combined with each other, unless expressly stated otherwise for a particular discount.

3.1.11 The Purchase Price for the Goods does not include any payments, fees or other remuneration that the User must incur for services rendered by third parties in connection with the payment of the Purchase Price for the Goods; these costs are solely the costs of the User.

3.1.12 The Operator reserves the right of ownership of the Goods, which is the subject of the Purchase Contract, until the User has paid the purchase price for the given Goods.

3.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Contract. All deadlines for delivery of the Goods stated in the user interface of the E-shop are only approximate.

3.1.14 The Provider shall always send the User a tax document - invoice in electronic form, to the User's e-mail address entered in the User Environment of the E-shop.

3.1.15 If the Operator together with the Goods is provided with a gift to the User, the donation agreement between the User and the Operator is concluded with the termination condition that if the withdrawal from the Purchase Agreement is terminated, the given donation agreement is canceled obliged to return the provided gift together with the purchased goods to the Provider.

3.1.16 The Operator provides the User with a warranty on the purchased Goods if the warranty period is stated for the Goods in the user interface of the E-shop for the period of the said warranty period, and such warranty applies only to Consumers.

3.1.17 The User is entitled to exercise rights from defective performance at the Operator's address and / or operation. The moment when the Operator receives the claimed Goods from the User is considered to be the moment of the claim.

3.1.18 If it is stated within the E-shop user environment of the Goods that it is used, the User buys the Goods in the used state, including the defects of this Goods.

3.1.19 The risk of loss, damage and / or destruction of the Goods subject to the Purchase Contract shall pass to the User who is the Consumer at the moment of acceptance of the goods by the User.

3.1.20 The risk of loss, damage and / or destruction of the Goods subject to the Contract shall pass to the User who is not the Consumer at the moment of acceptance of the goods by the User.

4 User account

4.1 The User has the right to open a User Account through the Registration.

4.2 The User is obliged to enter the Access Data before entering the User Account.

4.3 The User identification data entered in the Registration shall be considered as the data entered upon the order of each Goods made to the User after logging into his User account.

4.4 The User may not provide the Third Party with Access Data or any other access to the User Account. The user is obliged to take all reasonable precautions to keep it secret. The User is fully responsible for the unauthorized use of these access data or the User Account and for any damage caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User shall notify the Operator without undue delay. The Operator shall provide the User with new access data within a reasonable period of time.

4.5 The Operator is entitled to unilaterally change these Terms and Conditions; notify the User of the change via the E-shop and / or by e-mail to the e-mail address of the User entered into the E-shop database. The User has the right to refuse to change the Terms and Conditions within 3 days from the first login to the User Account after notification of the change to the Terms and Conditions (in case of delivery via E-shop) or from delivery of the given email message to the User's inbox for this reason, the obligation to terminate within a period of 14 days' notice, which the Parties agree to be sufficient to obtain similar supplies from another supplier.

5 Consumer Information

5.1 The consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several second Goods or delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement shall be sent to the Operator (as the Seller) within the period specified in this paragraph.

5.2 If the Consumer withdraws from the Purchase Agreement, he is obliged to notify in writing his bank account number for the refund of the purchase price for the Goods, which may be reduced if legal reasons are met.

5.3 If the Consumer withdraws from the Purchase Agreement in respect of the Goods returning to the Operator damaged and / or worn out, especially if the original markings of the Goods are removed (ie signs, stickers, etc.), the Consumer shall reimburse the Operator for the costs of restoring the Goods.

5.4 If the Consumer withdraws from the Purchase Agreement, the Operator is obliged to return the purchase price to the Consumer without undue delay, at the latest within 14 days from the day when he was informed of the Consumer's decision to withdraw from the Purchase Agreement.

5.5 If the Consumer received the Goods consisting of movable goods under the Purchase Agreement, it is obliged to send it back to the Operator within 14 days from the date of withdrawal of the Purchase Agreement without undue delay or to hand it over to the Operator's address or registered office. The time limit shall be deemed to be maintained even if the movable goods are sent to the Operator no later than the last day of the above mentioned time limit.

5.6 The Consumer shall be liable to the Operator for impairment of the Goods as a result of handling these goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.

5.7 The operator uses the possibility of extrajudicial resolution of consumer complaints. In the event of a complaint, Consumers may contact the relevant Operator at no cost to vmarian001@gmail.com.

6 Complaints procedure

6.1 The Operator shall be liable to the Consumer that the Goods are free from defects upon receipt. This does not apply if the subject of the Purchase Contract is the goods with defects, which are the Operator, if they are known to them or, having regard to all circumstances, should be known to the Consumer.

6.2 If the Goods contain defects, the Consumer has the right to demand the delivery of a new Goods without defects unless this is disproportionate due to the nature of the defect, or if the subject of the Purchase Contract was the Goods with defects that the Operator, if known circumstances should have been known, he informed the consumer. If the defect concerns only a part of the Goods, the Consumer may only require replacement of that part of the Goods; if this is not possible, he has the right to withdraw from the Purchase Agreement.

6.3 The Consumer has the right to the delivery of a new Goods or the replacement of a part of the Goods even in the case of a removable defect, unless the Goods can be properly used for repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.

6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver a new Goods without defects, nor to replace its parts or to repair the Goods, it may request a reasonable discount on the price of the Goods. The consumer is entitled to a reasonable discount on the price of the Goods even if the Operator cannot supply new Goods without defects, replace its component or repair the Goods, or if the Operator fails to rectify the goods within a reasonable time or caused considerable difficulties for the consumer.

6.5 The Consumer is not entitled to defective performance if the Consumer knew before the Goods were taken over that the Goods were defective or if the Consumer caused the defect itself.

6.6 The Operator's liability for defects of the Goods does not apply to the wear and tear of the Goods caused by its normal use; Consumers or if this is due to the nature of the Goods.

6.7 If the Goods are warranted, the Consumer has the right to assert liability for defective performance within the warranty period.

6.8 At the Consumer's request, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods permits, it is sufficient to issue to the Consumer a proof of purchase of the Goods containing the information which must be included in the Guarantee Certificate instead of the Warranty Certificate.

6.9 In the event that the Consumer exercises its right to remedy the defects of the Goods by repair thereof, in the case of the Goods where the undertaking designated for the purposes of warranty repairs is different from the Operator whose registered office or place of business is in the same place as the Operator or the Consumer in particular, the consumer shall exercise the right to a warranty repair with that trader.

6.10 Claims of the Goods, including the removal of defects of the Goods, must be handled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer shall have the same rights as if it were a material breach of the Contract.

6.11 The time limit for handling the complaint does not apply if the Operator has not received all the documents necessary for the handling of the complaint from the Consumer until such documents are delivered.

6.12 After proper handling of the complaint, the Operator or the entity designated by the Operator shall ask the Consumer to take over the repaired Goods.

6.13 The right to assert rights arising from defects in the Goods shall cease in the event of improper installation or unprofessional commissioning of the Goods, as well as in the case of improper handling of the Goods; especially when using the Goods under conditions that do not match the parameters listed in the Goods documentation.

7 Alternative Dispute Resolution

7.1 The Customer - Consumer - has the right to contact the Seller's Operator with a request for remedy by e-mail to vmarian001@gmail.com if he is not satisfied with the way the Seller settled his claim or if he believes the Seller has violated his rights. If the Seller refuses to respond to this request or fails to respond within 30 days of its dispatch, the Consumer has the right to file an alternative dispute resolution entity (ADR entity) pursuant to Act 391/2015 Coll. ADR entities are bodies and authorized legal entities pursuant to Section 3 of Act No. 391/2015 Coll. The Consumer may submit a petition in the manner specified pursuant to Section 12 of Act No. 391/2015 Coll.

7.2 The consumer can also file a complaint through the Alternative Dispute Resolution ODR platform available online at: http://ec.europa.eu/consumers/odr/index_en.htm.

7.3 Alternative dispute resolution can only be used by a Consumer - a natural person who, when concluding and performing a consumer contract, does not act within the scope of his / her business, employment or profession. Alternative dispute resolution only concerns a dispute between the Consumer and the Seller arising out of or relating to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Consumer to pay a fee for initiating an ADR up to a maximum of EUR 5 with VAT.

8 Privacy Policy

8.1 When processing personal data The controller shall proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. GDPR ') and Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws.

8.2 Details of how we collect, process and protect our customers' personal information while using our services are governed by the Privacy Policy at PERSONAL DATA PROTECTION.

9 Using the E-shop

9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.

9.2 The operator has the right to change the E-shop, ie its technical solution and / or user interface.

9.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for the maintenance or repair of the E-shop.

9.4 The user is obliged to observe the valid and effective legal regulations of the Slovak Republic and the European Community when using the E-shop. The User is obliged to fully compensate any damage that the Operator or third parties would breach this obligation of the User.

9.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to terminate the User Account.

10 Operator Statements

10.1 The Operator declares that data records in the E-shop, as an electronic system, are reliable and are systematically executed and protected against changes.

10.2 Due to a technical error in the E-shop, the purchase price may be displayed for the Goods whose amount does not correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contact the User and notify him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price. .

10.3 The User acknowledges that the photographs at the Goods in the E-shop may be illustrated or distorting as a result of their being displayed in the technical equipment of the User, therefore the User is always obliged to read the entire description of the Goods and to contact operator.

10.4 Contact details of the Operator for communication with the User are given in the E-shop user interface in the section CONTACTS.

11 Right of withdrawal

11.1 The Buyer is entitled to withdraw from the Purchase Contract without giving a reason in accordance with the provisions of § 7 et seq. Act no. 102/2014 Z.z. on Consumer Protection in Distance Selling (hereinafter referred to as the “Consumer Protection Act in Distance Selling”) within 14 days of receipt of goods, respectively. from the date of conclusion of the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the Seller fulfilled the information obligations in accordance with the provisions of Art. Section 3 of the Consumer Protection Act.

11.2 The Buyer has the right to unpack and test the goods within this time limit after the takeover and to test it in a similar way as it is usual for a classic stone shop to the extent necessary to detect defects, properties and functionality of the goods.

11.3 The Buyer is obliged to send the goods back or hand them over to the Seller or a person authorized by the Seller to take over the goods within 14 days from the date of withdrawal. This does not apply if the Seller proposes to collect the goods in person or through a person authorized by him. The period referred to in the first sentence shall be deemed to be maintained if the goods were handed over for carriage no later than the last day of the period.

11.4 It is not possible to withdraw from the contract in the case of goods enclosed in a protective packaging which is not suitable for health or hygiene reasons and whose protective packaging has been damaged after delivery.

11.5 If the Buyer has already taken over the ordered goods, he is obliged to return it in the original undamaged package. In the event that the Buyer returns the ordered goods damaged, partially consumed respectively. in a state that does not correspond to the state in which it was sent by the Seller, it acknowledges that the Seller is entitled to pay for such damage, which the Seller is obliged to prove, from the amount paid by the Buyer for the ordered goods.

11.6 At the same time, the Buyer is obliged to state in the withdrawal from the contract the contact details and the account number to which the amount for the ordered Goods shall be paid by the Seller. The Seller shall return to the Buyer, without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, all payments received from him under or in connection with the Contract. The Seller shall not be obliged to return these payments to the Buyer before the goods are delivered to him or until the Buyer proves that the goods have been returned to the Seller, unless the Seller proposes to collect the goods in person or through a person authorized by him.

11.7 If the Buyer withdraws from the Purchase Agreement, it shall be canceled from the beginning as well as any supplementary contract related to the Purchase Agreement from which the Buyer withdraws. The Buyer may not be required to pay any costs or other payments related to the cancellation of the ancillary contract except for the payment of the costs and payments referred to in Art. § 9 par. 3, ust. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the subject of the contract is the provision of the service and the service has been fully provided.

11.8 The Buyer shall bear the cost of returning the goods to the Seller or a person authorized by the Seller to take over the goods. This shall not apply if the Seller has agreed to bear them himself or if he has not fulfilled his obligation under § 3 par. 1, par. (i) of the Consumer Protection Act.

11.9 The Buyer shall only be liable for any diminution in the value of the goods resulting from the handling of the Goods beyond what is necessary to ascertain the characteristics and functionality of the Goods. The Consumer shall not be liable for any reduction in the value of the Goods if the Seller has not complied with the information duty on the Consumer's right to withdraw from the contract pursuant to § 3 para. 1, par. h) Consumer Protection Act in Distance Selling.

11.10 In the event that the Buyer withdraws from the contract and delivers to the Seller the Goods which are used, damaged or incomplete, the Buyer undertakes to pay the Seller the value by which the value of the Goods has been reduced in accordance with the provisions of Art. § 457 of the Civil Code in actual amount and costs incurred by the Seller in connection with the repair of the Goods and their restoration, calculated according to the price list for (after) warranty service of the Goods. The Buyer is obliged to pay the Seller compensation within the amount of the difference between the purchase price of the Goods and the value of the Goods at the time of withdrawal from the Purchase Contract.

11.11. § 7 par. 6 of the Consumer Protection Act in distance selling The buyer cannot withdraw from the contract, which is:

    - the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer,
    - the sale of goods enclosed in a protective packaging which is not appropriate to return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
    - the sale of phonograms, video recordings, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unpacked the packaging,
    - the provision of electronic content other than on a tangible medium, where the provision of such content has started with the express consent of the consumer and the consumer has declared that he has been duly advised that he is losing his right of withdrawal by expressing such consent.
    - the sale of goods which have been assembled, folded or used at the time after the conclusion of the contract and takeover of the goods from the seller to the buyer in such a way that their restoration to the original condition by the seller is not possible without incurring increased effort and costs; folded or assembled furniture, etc.

12 Final Provisions

12.1 The relevant provisions of the Civil Code, Act no. 22/2004 Coll. on e-commerce and on amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act no. 102/2014 Z.z. on the protection of consumers in distance selling.

12.2 The supervisory authority is the Slovak Trade Inspection.

12.3 The Consumer has the possibility to contact the ADR body, which (although only non-bindingly) is entitled to assess any disputes between the Consumer as an E-shop customer and the E-shop Operator.

12.4 These Terms and Conditions shall enter into effect against the Buyer upon conclusion of the Purchase Agreement.

13 Applicable law

13.1 These Terms and Conditions and the Purchase Agreement are governed by the laws of the Slovak Republic.

14 Effectiveness

14.1 These Business Terms and Conditions are effective from December 23, 2019