Geschäftsbedingungen

General terms and conditions of the online store (e-shop) OhneGrafiken.de

Article I.

Definitions

1. The operator of the website (e-shop) OhneGrafiken.de ITeON, s.r.o., with registered office at Nemcovej 30, 040 01 Kosice, Slovak republic.
2. The seller is ITeON, s.r.o., with registered office at Nemcovej 30, 040 01 Kosice, Slovak republic.
3. A buyer is any e-shop visitor who has created a binding order through the e-shop. For the purposes of the Act, especially Act No. 108/2024 Coll. consumer means a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or profession.
4. An e-shop or online market is a computer system located on the Internet with public access, which enables the ordering of goods and services remotely via an electronic device.
5. Goods or services are all products published on the e-shop pages that can be ordered (they have a stated price and this price is not zero).
6. The buyer fully acknowledges electronic communication, especially through the e-shop, e-mail communication as well as telephone communication, as long as it is indisputable that the merchant communicates with the buyer or a person authorized by him.
7. To the relationship between the merchant and the buyer, which was established otherwise than through electronic devices at a distance and is not a relationship between the provider of information society services and the recipient of information society services, these general terms and conditions apply only to the extent necessary, which corresponds to legal regulations and the logical arrangement of the matter , unless otherwise agreed between them.
8. If the seller allows adding product ratings, he is obliged to ensure that only buyers who actually bought or used the goods or services can add ratings.

Article II.

Price

1. All stated prices for goods and services are final, including 19% ​​VAT.
2. The merchant is bound by the price indicated on the e-shop page at the time of making the purchase.

Article III.

An order

1. An order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete filling out of the order form and sending it to the merchant. For correct and orderly processing of the order, it is necessary to fill in the required data in the order and choose the shipping and payment options for the ordered goods or services.
2. By sending the order, the buyer agrees to the price of the ordered goods and services. Once sent, the order becomes binding for the buyer, i.e. it is a proposal for concluding a purchase contract with the merchant.
3. After sending the order in the e-shop, an information e-mail is automatically generated and sent to the buyer that the buyer's order has been delivered to the merchant by the e-shop for processing. This e-mail is not a confirmation of the goods in the sense of par. 5 of this article.
4. In case the buyer is asked to pay a deposit or advance payment or chooses payment by bank transfer, i.e. any other method of payment in which he transfers funds before the delivery of the goods or the provision of the service, he is obliged to make this payment within the deadline set by the supplier. In the event that payment is not credited to the supplier's account within the stated due date, the merchant may cancel such an order due to non-fulfillment of the buyer's obligations to pay the deposit or non-payment of the advance payment.
5. Confirmation of the order by the trader creates a purchase contract, which can be changed or supplemented only on the basis of a mutual agreement between the buyer and the trader, unless the law or other legal regulation stipulates otherwise. Confirmation of the order by the merchant is an electronic message from the merchant sent to the buyer's e-mail address or a short text message sent to the buyer's mobile phone number, which the buyer specified in his order, with information to what extent the acceptance of the buyer's order is undisputed. The merchant's electronic message, which does not confirm, reject or reject the buyer's order, or otherwise clearly does not accept is the rejection of the buyer's order.
6. If the merchant is not able to fulfill the order or part of it within the deadline for processing the order while making the best effort, for reasons such as that the goods are not produced, are not available at the manufacturer or at the supplier's external warehouse, the manufacturer has made such serious changes that it is impossible to implement the order or for reasons of force majeure, the merchant can cancel the order, which he informs the buyer about. The merchant also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, for example, an incorrect e-mail, telephone contact or incorrect or non-existent address. If the buyer has paid an advance payment, the merchant is obliged to return it within 14 days in case of cancellation or cancellation of the order.

Article IV.

Terms of payment

1. You can pay for goods and services in the e-shop in the following ways:
   1. cash on delivery payment (you pay directly to the courier when you pick up the goods)
   2. payment through the Stripe payment gateway:
      1. payment by payment card, especially Visa or Mastercard
      2. payment via the PayPal
      3. payment via electronic wallet, especially GooglePay or ApplePay
      4. another method supported by the Stripe payment gateway
   3. payment on the basis of an advance invoice - in advance, the goods will be shipped after receipt of funds to our account
   4. payment based on a gift voucher.
2. A gift voucher represents a prepaid volume of funds that the buyer can use for a purchase based on sufficient free prepaid funds. The date of validity of the coupon is indicated on it. The nominal value of the gift voucher can be agreed with the buyer.
3. Surcharges for individual payment options are listed in Art. VI of these general terms and conditions.
4. The merchant may provide the buyer with discount options:
   1. a discount on the price for registering in the e-shop,
   2. repeat purchase discount,
   3. discount based on a one-time discount coupon,
   4. individual discount based on the value of the order,
   5. discount for signing up for newsletters, the so-called newsletter,
   6. discount 4+1 for free, which is described in detail in art. VII of these general terms and conditions,
   7. another discount.
5. The discounts provided can be accumulated.

Article V.

Terms of Delivery

1. The trader is obliged to send the goods to the buyer within 30 days from the creation of the order, unless they have agreed otherwise, or if a longer delivery period has not been specified for the goods.
2. If the goods are in stock, they are shipped according to capacity in the shortest possible time.
3. If the order contains several goods and services and some of them are not in stock, we inform the buyer about this with the possibility of partial deliveries.
4. Together with the goods, the customer is sent an invoice (tax document), instructions as well as other documents for the goods or service from the manufacturer.
5. The place to which the goods are delivered is considered the place of performance.
6. The trader realizes the transport to the buyer through:
   1. GLS General Logistics Systems Slovakia s.r.o., with registered office Budca 1039, 962 33 Budca, phone: +421 45 52 42 500, email: [email protected],
   2. Direct Parcel Distribution SK, s.r.o., with registered office Pri letisku 5, 821 04 Bratislava, phone: +421 2 32 773 373, email: [email protected],
   3. Packeta Slovakia s. r. o., with registered office at Kopcianska 3338/82A, 851 01 Bratislava, phone: +421 221 201 135, e-mail: [email protected]
   4.  by the seller's own transport

Article VI.

Shipping fees, packaging and payment options

1. The amount of fees for package delivery, additional cash on delivery service (if available) and standard package delivery times after collection by a courier from our warehouse are shown in the table:

2. The merchant can also agree with the buyer on a procedure other than the standard (mentioned above) when sending goods or services, as well as prices for these services.
3. The merchant can send the goods that are immediately available to the buyer and deliver the remaining part of the order additionally within the legal period, but provided that the buyer will not be charged any additional postage, except that which was included in the order.

Article VII.

Discount 4+1 free

1. The seller automatically provides the buyer with a "4+1 free discount" calculated according to the following rules:
   1. the buyer orders at least 5 pieces of products marked with a yellow "4+1 free" sticker, while he can combine them at will (various product models, e.g. t-shirts, sweatshirts, polo shirts and others in any colors and sizes),
   2. the sales price of the cheapest product in the buyer's order, which is marked as "4+1 free", is used as the basis for calculating the discount.
   3. The e-shop automatically calculates the number of full five products marked as "4+1 free" in the buyer's order (the mathematical formula is the number_of_products_4+1_in_the_order divided by 5 and this result rounded down to a whole number),
   4. the resulting "4+1 free" discount is calculated as a multiple of the basic amount of the discount according to letter 1. b. of this article and the number of whole fifths of products according to letter 1. c. of this article.
   5. The "4+1 free discount" will not be applied if the seller provides the buyer with a different discount in a greater value than the automatic "4+1 free" discount calculated according to letter 1. d of this article.

Article VIII.

Transfer of ownership

1. The right of ownership passes from the merchant to the buyer at the moment of taking over the item from the merchant or carrier.

Article IX.

Cancellation of the purchase contract

1. The buyer has the right to cancel the ordered goods or services within 24 hours from the conclusion of the purchase contract without a cancellation fee for goods that are made to order, according to the specific requirements of the consumer or specifically for one consumer. After this time, it is no longer possible to cancel such an order.
2. This does not affect the consumer's right to withdraw from the contract.

Article X.

The right of the consumer to return the goods without giving a reason and the instruction of the consumer

1. On the basis of Act no. 108/2024 Coll. on consumer protection (hereinafter referred to as the "Act"), according to the provisions of § 19 et seq., the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the goods or the provision of the service, in the event that the delivery includes several goods, the date of delivery of the last delivered goods, if the merchant has fulfilled the information obligations according to this Act, for other cases, para. 2 or 3 of the Act. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
2. If the consumer wishes to use this right, the consumer is obliged to personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified period to the merchant's contact address during his business hours, or to submit this withdrawal by postal transport no later than on the last day of the period to the address specified in contacts, or such exercise of the right can also be exercised in the form of a record on another durable medium. After notification of withdrawal from the contract, the consumer is obliged to personally send or deliver the object of the contract from which he is withdrawing together with all documentation - e.g. instructions and other documentation for the goods, which were delivered to him together with the goods, but no later than 14 days from the date of withdrawal (§21 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. To withdraw from the contract, you can use the following withdrawal from the purchase contract form.
3. Do not send the goods to us on cash on delivery, the shipment will not be accepted.
4. The operator of the e-shop will return the payment made for the goods/services, including the costs of transport in accordance with para. § 22 par. 1) of Act no. 108/2024 Coll. as well as the costs demonstrably spent on ordering the goods within 14 days from the date of delivery of the withdrawal from the contract, but he does not have to return the money before the goods are delivered to him or the consumer does not prove that the goods have been sent, this does not apply if the trader has suggested that he collects the goods himself.
5. The cost of returning the goods is borne by the consumer.
6. The right to withdraw from the contract does not apply to goods and services defined in §19 par. 1 letter a) to m) of Act no. 108/2024. z.z.
7. The consumer bears any reduction in the value of the goods, which was caused by its use beyond the scope necessary to determine the functionality and properties of the goods.

Article XI.

Rights and obligations of the contracting parties

1. The merchant and the buyer are considered to be the parties to the contract.
2. The buyer is obliged to:
   1. take over the ordered goods, this does not affect the right to withdraw from the contract,
   2. pay the agreed remuneration to the merchant for the goods or services,
   3. check the integrity of the package or and the goods themselves when they are received.
3. The trader is obliged to:
   1. deliver the goods to the customer in the required quality, quantity and at the agreed price,
   2. ensure that the offered goods comply with the legal regulations in force in the Slovak Republic,
   3. together with the goods or additionally send the customer all documents related to the goods, such as the invoice for the goods, complaint form, operating instructions in a codified form of the Slovak language.

Article XII.

Privacy

1. Personal data are processed in accordance with Act No. 18/2018 Coll. on personal data protection as amended.
2. The operator does not provide the buyer's personal data to a third party, except for the selected transport company that ensures the delivery of goods or services, or to state authorities in the event of an inspection, or to an intermediary on the basis of a mutual agreement concluded in accordance with Act no. 18/2018 Coll.
3. The operator is obliged to secure personal data before making them available to unauthorized persons, by adopting appropriate technical and organizational measures. Also, all employees of the operator are obliged to observe confidentiality in relation to personal data.
4. The person concerned has the rights defined in accordance with sec. § 19 et seq. Act no. 18/2018 Coll. on the protection of personal data as amended, specifically:
   1. the right to information, which is fulfilled by this content and terms and conditions,
   2. the right to request access to personal data concerning the person concerned - § 21 of the Act consists in your right to request in what way and for what purposes your data is processed, while you can address this request to the contact e-mail.,
   3. the right to correct personal data - § 22 of the Act allows you to correct personal data if they are out of date,
   4. you can use the right to delete personal data - § 23 of the Act if you are not interested in the operator continuing to process personal data,
   5. the right to restrict the processing of personal data - § 24 of the Act, if you believe that personal data have been processed in violation of the law,
   6. the right to object to the processing of personal data - § 27 of the Act,
   7. the right to portability of personal data,
   8. the right to submit an initiative to the supervisory authority in relation to the processed personal data.
5. The operator obtains the following personal data from the buyer: name, surname, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct processing of your order. This personal data is stored for 10 years for archiving purposes. As part of the processing of the order, personal data is processed for the purpose of issuing invoices, issuing warehouse (delivery) notes, ensuring transport as well as accounting.
6. The operator entrusted an intermediary who is the operator of the internet portal heureka.sk or heureka.cz with the service Verified by customers, the company Heureka Shopping, s.r.o. with registered office at Karolínksa 650/1, 186 00 Prague, IČO: 02387727, to process personal data on behalf of the e-shop operator in the scope of first name, last name, e-mail and information about the ordered goods for the purpose of evaluating the quality of the purchase. For the purposes of this evaluation, the intermediary will send a one-time e-mail to the buyer with the possibility of evaluation.
7. These sites record your IP address, information about the time and how much time you spend viewing those pages, and information about which pages you come to us from and what content you browse. Cookies are text files that are stored on your computer and are also used to measure site traffic and customize the display of pages, and thanks to these files we can offer you better quality. Some cookies are files of third parties, e.g. Youtube, Google and the like.
8. The site processes the so-called technical cookies that are necessary for the proper functionality of the site, preference cookies that contain information, e.g. about the language and name you set, as well as analytical cookies that help us understand your behavior on the site, but also advertising cookies that help us keep track of your interests. You can refuse the last three types of cookies.
9. You can delete cookies at any time or set their collection directly in the Internet browser settings as well as on our website.
10. If the buyer agreed to the processing of personal data in the e-shop for the purposes of e-mail marketing, he agreed to the sending of e-mail messages to the contact e-mail address.
11. Personal data for e-mail marketing purposes in the scope of first and last name, e-mail address are provided for a period of five years. These personal data are not provided to third parties.
12. The buyer can revoke his consent at any time by sending a Revocation with the processing of personal data, while we delete them immediately. Logging out is also possible by unchecking the box in the user's user account (if the buyer has requested the creation of a user account). We will no longer use the personal data provided by you for e-mail marketing purposes.

Article XIII.

Compensation for damage in the event of non-acceptance of the goods

1. The merchant has the right to compensation for damages (according to § 420 et seq. of the Civil Code), in the event that the buyer ordered goods that he did not cancel or did not withdraw from the contract and at the same time did not take over the goods from the carrier or, upon request from the trader, in the case of choosing personal collection, did not take over the goods within the specified period for collection. By this action, the buyer violated his obligation stated in Art. X point 2 letter a), according to which the buyer is obliged to take over the ordered goods.
2. When determining the amount of compensation for damages, the merchant takes into account primarily transport costs and related fees in the case of sending the goods, costs associated with packaging, shipping and administration of the order as well as all other costs incurred by him with the implementation of the order in question, and at the same time he has the right to charge lost profit.
3. The merchant has the right not to exercise the right to compensation for damages or to exercise this right only in part.

Article XIV.

Final provisions

1. The merchant reserves the right to change and supplement these general terms and conditions and complaint conditions even without prior notice to the buyer. In the event of a change to the general business conditions or complaint conditions, the entire purchase process is governed by those general business conditions that were valid at the time the order was sent by the buyer and are accessible on the merchant's website.
2. Complaint conditions are also an integral part of these general terms and conditions.
3. By sending the order, the buyer has read the general business conditions as well as the complaint conditions.
4. These general business conditions and complaint conditions are available at the company's headquarters for inspection by buyers, as well as published on the website of the e-shop.
5. If the consumer is not satisfied with the way in which the trader handled his complaint or if he believes that the trader has violated his rights, he has the opportunity to contact the trader for a rectification request. If the merchant responds negatively to the request for correction or does not respond to it within 30 days from the day it was sent, the consumer has, in accordance with § 12 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, the right to submit a proposal to initiate an alternative resolution of one's dispute. Any authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie- consumer-disputes-1/list-of-subjects-of-alternative-resolution-of-consumer-disputes-1), while the consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to. At the same time, the consumer can use the online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute. The consumer can find information about fees for the proposal on the website of a specific alternative dispute resolution entity.
6. Relationships not otherwise regulated in these general terms and conditions as well as in their inseparable parts (appendices) are governed by the relevant provisions, primarily Act no. 40/1964 Coll., Act no. 108/2024 Coll., Act no. 18/2018 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
7. In case of concluding another contract with the buyer with different conditions, the conditions stated in the contract take precedence over the general business conditions.
8. These general terms and conditions, including their integral parts, become valid and effective on 01.10.2024.

Claim conditions of the online store (e-shop) OhneGrafiken.de

an integral part of the general terms and conditions

1. Complaints can only be made on goods that were purchased from the merchant and that are owned by the consumer.
2. If the buyer is a consumer (a natural person who does not act within the scope of his business activity or profession), all offered goods are guaranteed for a period of 24 months, unless otherwise stated with the goods and the procedure is in accordance with the Consumer Protection Act and the Civil Code and these complaint conditions. If the buyer ordered a used item and the buyer was informed about it, the warranty period is 12 months. If the buyer is not a consumer, the procedure is carried out in accordance with the provisions of the Commercial Code and the warranty period is 12 months, and these complaints are not covered by these complaint conditions, but are followed according to the provisions of the Commercial Code.
3. The warranty period begins on the day of receipt of the goods from the transport company or directly from the merchant if the goods are collected by the buyer personally, the buyer or a person authorized by him, on the day of receipt.
4. The buyer is obliged to make a claim within two months from the discovery of the defect, but no later than before the expiry of the warranty period. However, we recommend making a claim immediately.
5. Liability for defects does not apply to defects caused by the following use:
   1. the defect was caused by mechanical damage to the product caused by the buyer,
   2. improper handling of the product, in a way other than what was stated in the instructions for use,
   3. using the goods in conditions that do not correspond to the humidity, chemical and mechanical effects of the natural environment of the goods according to the instructions for use,
   4. neglecting the care and maintenance of the goods,
   5. damage to goods due to excessive loading,
   6. damage to the warranty seal or its deterioration if the product contains it,
   7. by unprofessional assembly or disassembly, if required by relevant legal regulations,
   8. intervention in the product, which makes changes that improve the quality of the product but were not made by the manufacturer or a person authorized by him, e.g. overclocking the processor,
   9. using the goods in violation of the conditions stated in the documentation, general principles, technical standards or safety regulations or other violation of the warranty conditions.
6. Defects caused by a natural disaster are also excluded from liability for defects.
7. Liability for defects also does not apply to normal wear and tear of the goods (or parts thereof) caused by the use of the goods. It is not possible to consider as a defect, as already follows from the nature of the thing, the period of its minimum shelf life or the period of consumption, which can be limited to a shorter time. The minimum durability period, shelf life, consumption period or similar period is indicated on the goods if the goods are subject to such marking.
8. Claimed goods must be sent to our address listed below, but not cash on delivery or personally delivered to the contact address. The goods need to be packed appropriately so that there is no damage to the goods during transport, and we recommend sending the goods by registered mail or as an insured shipment. A copy of the proof of purchase (invoice) and a description of the defect must be attached to the goods, or we recommend attaching a completed Complaint Form together with the proof of purchase. We recommend sending the complaint exclusively in writing (by post) or in person (not by e-mail).
9. If the subject of the complaint is a product that is, for example, permanently installed, the buyer is obliged to provide maximum cooperation in order to carry out an inspection of the subject of the complaint by the merchant or a third party designated by the merchant.
10. The seller confirms the acceptance of the complaint of the defect and issues the buyer a confirmation of the application of the goods complaint in an appropriate form, indicating the deadline by which he will ensure that the defect is removed. The date of application of the complaint is considered to be the day of its delivery to the seller, but no later than the moment when the seller makes it impossible or prevents the taking over of the object of the complaint. If it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim. Confirmation of the processing of the claim will be sent in writing in the event that the defect complaint was rejected.
11. The seller is obliged to determine the method of handling the claim immediately, in complex cases within 3 days from the date of application of the claim. In justified cases, especially if a complex technical evaluation of the goods is required, no later than 30 days from the date of application of the claim. After determining the method of handling the complaint, the seller will handle the complaint immediately, in justified cases, the complaint can be handled later. However, processing of the claim must not take longer than 30 days from the date of application of the claim. However, this does not apply if, for objective reasons beyond the control of the merchant, it was not possible to handle the claim within the given period, especially if it was necessary to procure the appropriate equipment for the handling.
12. Buyer's rights when applying for a claim:
    1. if it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly, while this defect must be removed without unnecessary delay,
    2. instead of removing the defect, the buyer can demand the replacement of the item, or the defect concerns only a part of the item, the replacement of the part if this does not result in disproportionate costs for the seller considering the price of the goods or the severity of the defect,
    3. instead of removing the defect, the seller can replace the defective item with a flawless item, if this does not cause serious difficulties for the buyer,
    4. if it is a defect that cannot be removed and which prevents the proper use of the item, the buyer has the right to exchange the item or withdraw from the contract. The buyer has the same right in the event that it is a defect that can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects, this also applies if the merchant has declared that the goods have certain properties or that has no defects and this assurance will prove unconvincing,
    5. if there are other non-removable defects that do not prevent the use of the goods, the buyer has the right to a reasonable discount on the price of the item.
13. A complaint is considered completed if the complaint procedure ends with the delivery of the claimed goods, its exchange or return of the purchase price of the goods, the provision of a discount, a written request to take over the performance or its justified rejection, while the buyer confirms personal acceptance or the confirmation of the transport company is also a document in case the buyer does not personally accept the claim.
14. The consumer is informed about the outcome of the complaint procedure within the statutory period.
15. If the buyer does not take over the item within 6 months from the day he was supposed to take it over, the seller can sell it. In the case of an item of higher value, the seller must notify the buyer of his intention to sell the item and provide an additional deadline for taking over the item, all according to section § 623 paragraph 5) of the Civil Code.
16. No damage to goods, or the integrity of the packaging (according to the instructions when receiving the goods) must be checked when receiving the goods, as the goods may be damaged during transport. We recommend buyers to unpack the goods and inspect them in the presence of the carrier. With your signature, you declare to the courier that the packaging is undamaged.
17. These complaint conditions are an integral part of the general terms and conditions, and the seller reserves the right to change them at any time, even without prior notice to the seller.
18. Contact for sending complaints ITeON sro, Němcovej 30, 040 01, Košice, Slovak republic, [email protected].