Terms and conditions

1. GENERAL PROVISIONS AND DEFINITIONS

1. These Terms and Conditions (the “Terms and Conditions”) govern the rights and obligations of the parties arising from the purchase contract concluded at a distance through the online store www.oriental-spirit.com (Hereinafter) referred to as “online store” and/or “e-shop”) and are thus an integral part of a purchase contract.
2. The term Seller shall mean the company Atma Group, s.r.o., Dostojevského rad 23, 81109 Bratislava, IČO 54 639 701, DIČ 2121751313 registered in the Commercial Register of District Court Section Sro, insert no. 161413/B (hereinafter referred to as “Provider” or “Seller”).
3. The term Buyer shall mean the natural or legal person who purchases goods through an online store as a consumer or as an entrepreneur.
4. The term Consumer as defined in the Article 2 of Act No. 250/2007 Z.z. on consumer protection, as amended hereinafter (the “Consumer Protection Act”) shall mean a natural person who, when concluding and performing the contract does not act within the scope of business, employment or occupation.
5. The term Entrepreneur as defined in the Article 2 (2) of the Act No. 513/1991 Coll. of Commercial Code, as amended (the “Commercial Code”) shall mean a person registered in the business register; a person who does business under the trade license; a person who operates on the basis of other than trade license pursuant to special regulations; natural person engaged in agricultural production and is registered pursuant to a special regulation.
6. The legal relationships between Seller and Buyer, Consumer not regulated by these Terms and Conditions shall be governed by the relevant provisions of Law No. 40/1964 Coll. [[placeholder]]Civil Code, as amended (hereinafter the “Civil Code”) Act. 250/2007Z.z. on consumer protection, Act no. 102/2014Z.z., as amended, on consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated out of business premises, as well as other related generally binding regulations.
7. The legal relationships between Seller and Buyer, Entrepreneur not regulated by these Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended, and other related generally binding regulations.
8. Goods shall mean the products available in the online store www.oriental-spirit.com

2. ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

1. Buyers can order goods available in the online store www.oriental-spirit.com by properly and fully completed orders in the online store or by sending the order by e-mail to info@oriental-spirit.com
2. The condition of the valid electronic order is truthful and complete filling of all, by registration form required data, including the phone contact.
3. Truthfully and fully completed order is considered to be a draft contract. All received electronic orders or orders sent to the e-mail address info@oriental-spirit.com are considered binding. By sending the order, the buyer declares that he is aware of these terms and conditions and the complaint procedure.
4. The order (or part thereof) confirmed by the Seller is considered to be binding, while subject to confirmation of the order by the Seller the purchase agreement arises between the parties. Automatically made notice of the order, that will be sent to the buyer’s email address immediately after sending the order is not considered the binding order confirmation.

3. ORDER CANCELLATION

1. The Buyer has the right to cancel the order without giving any reason until its binding confirmation by the Seller.
2. 1Seller reserves the right to refuse the proper execution of the order or its part if,
   1. It is not possible to confirm buyer’s order solemnly, for example because of the wrong telephone number given by the Buyer, unreachable e-mail).
   2. The Buyer previously did not take over the product or otherwise violated the Terms and Conditions.
   3. Goods are no longer produced or provided or goods price significantly altered. In the event that this happens, the Seller will immediately contact the Buyer to agree on next step. If the Buyer has paid part or full amount of the purchase price, this amount will be transferred back to his account or sent to his address within 15 calendar days.

4. THE PURCHASE PRICE OF THE GOODS

1. The prices of goods in the online store are presented in EUR including VAT. The Seller reserves the right to change prices.
2. Shipping and handling prices are specified in section 5 hereof.
3. Discounted prices of goods are clearly marked “SALE” on the online shop site and are valid until stocks are exhausted and/or during the period referred to at the discounted price. In case of goods at discounted price also the original price is given.
4. The Buyer is informed about the final price when completing the order prior to its binding confirmation.
5. Sales note is the invoice that is the part of each consignment and that also serves as a delivery note.

5. POSTAGE AND PACKING

1. The seller does not charge packing fee.
2. Cost of delivery can be found at: https://www.oriental-spirit.com/faqs/

6. TERMS AND MEANS OF PAYMENT

1. The Buyer is obliged to mark the selected payment method – using PayPal, credit card via TrustCard or cash on delivery.
2. If the Buyer chooses to pay by credit card via PayPal or TrustCard and price of the ordered goods is not paid in full, the Seller has the right to suspend or refuse the delivery of the goods until the price is paid.

7. DELIVERY CONDITIONS

1. The goods ordered by the Buyer will be delivered according to availability and operational capabilities of the Seller as soon as possible, but no later than within 30 days from the date of order confirmation by the Seller.
2. The availability is given at each product. [[placeholder]]In the event that the Buyer ordered goods that are sold out at the time of ordering, the Seller has the right to extend the delivery time, about what he informs the buyer; in the event that the goods ordered by the Buyer are no longer manufactured, the Seller informs the buyer about this fact immediately while the Seller is bound to the 14-day period to return the Buyer the price paid or advance payment for the goods, until the Seller and Buyer agree on compensation.
3. The Buyer is informed about any changes in the status of their order by email. Order status can be checked by logging into the system.
4. The Buyer is obliged to take over the goods in a place that is specified in the order. If the Buyer does not take over the goods at the place specified in the order, the seller is entitled to compensation in the amount of effective costs connected to the delivery of goods ordered in this manner, while the Seller is entitled to refuse delivering the goods ordered by further order due the primarily not overtaken goods.
5. Ownership of the goods passes to the Buyer by its acceptance and payment of the purchase price.
6. Goods are delivered by a courier company DPD to the address specified in the order by the Buyer.
7. Delivery of goods to the territory of the Member States of the European Union, or other countries, is carried out only after prior written consent of the Buyer to the cost of postage and any other delivery terms.
8. The Seller is not responsible for consequences due to delayed delivery or loss of goods caused by the carrier or any unpredictable and insurmountable obstacle.
9. In the event that the shipment of the ordered goods will be returned back to the address of the Seller as undelivered for reasons on the part of the Buyer (eg. wrong address, the buyer did not overtake the consignment by mistake or intentionally), the Seller sends the Buyer a message by e-mail with a request for information how to further proceed in case of the goods ordered. If the Buyer requests to re-dispatch of consignments, the Seller adds the additional delivery fee to the total price of the consignment which will be at the same height as in case of the original delivery. If the delivery was free, the Buyer will be charged the amount of the postage according to the method of delivery.
10. Information on prices and delivery conditions are more fully described at: https://www.oriental-spirit.com/faqs/

8. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the contract by the Buyer Consumer is regulated by Act No. 102/2014 Coll, as amended.
2. The Buyer is entitled to withdraw from the contract without giving any reason within 14 days from receiving the goods. For this purpose he may use the withdrawal form.
3. By the withdrawal from the contract the purchase contract shall be terminated from the beginning.
4. Seller agrees promptly, but not later than 14 days from the date of receipt of the notification of termination, to return the Buyer all payments received from him on the basis of the purchase contract or in connection therewith, including other costs and fees. The Seller is not obliged to return the payment under the previous paragraph to the Buyer prior the Buyer returns goods to the Seller.
5. In case of the contract termination the Buyer sends the Seller unused and undamaged goods in their original and undamaged packaging (including package leaflet) together with the invoice.
6. If the Seller deliveres the Buyer gifts in kind along with the ordered goods, the Buyer acknowledges that the donation contract concluded between the Seller and the Buyer is bound to the purchase contract. If the Buyer withdraws from the contract pursuant to Section 7 of Act No. 102/2014 Coll, as amended, the donation contract expires and the Buyer is required to return provided gifts in kind along with the returned goods.

9. WARRANTY TERMS AND COMPLAINT POLICY

1. The Buyer can apply Complaint only to goods purchased through the online store www.oriental-spirit.com.
2. The warranty period is 24 months and commences from the date of takeover of the goods by the Buyer. (Warranty period in handling complaints of goods purchased by a legal entity or natural person who is assigned an ID is 12 months and commences on the day of the takeover of the goods.)
3. Warranty does not cover defects caused by product misuse, improper storage, or damage to the goods by the Buyer.
4. Buyer shall apply complaint by completing claim protocol and sending it over via his own account at www.oriental-spirit.com along with sending the claimed goods and purchase note to the address of the Seller: Atma Group s.r.o., Dostojevského rad 23, 811 09 Bratislava, Slovakia or by completing claim form enclosed in the package of goods ordered and by purchase note sent to the address of the Seller. More on https://www.oriental-spirit.com/faqs/
5. If the defect can be rectified, the Buyer is entitled to its free, timely and proper remedy and the Seller is obliged to rectify the defect promptly.
6. If the defect cannot be rectified and it prevents the product’s proper use, the Buyer is entitled to redemption of defective goods or is entitled to withdraw from the contract. The Buyer has the same rights, in case of removable defects, but when the Buyer cannot use the item properly for the repeated occurrence of the defect after repair or due to a greater number of defects.
7. In the case of irremovable defects, the Buyer is entitled to a reasonable discount from the price of the product.
8. The Seller undertakes to determine the manner of the complaint within 3 working days after the takeover of the goods claimed, but no later than 30 days after the takeover of the goods claimed.
9. The Consumer may contact the Seller to request the corrective action if he is not satisfied with the way the Seller responded to his complaint. Any disputes arising between the Buyer and Seller can be settled by agreement or out-of-court redress. For this purpose, please contact us by e-mail at: info@oriental-spirit.com
10. In the event that the Parties fail to reach an agreement on the subject of the dispute, the Consumer can contact the Slovak Trade Inspection as one of the possible alternative dispute resolution entities and bring an alternative dispute resolution in accordance with the procedure specified in § 12 of Act No. 391/2015 Coll, as amended. In case of interested in litigation of dispute arising between the Seller and the Buyer, either Party is entitled to apply to the competent local court in the Slovak Republic with a proposal to resolve the dispute.
11. All communications and other operations in compliance with generally binding legislation or agreement of the parties should have been made in writing, or will be made in writing, shall be delivered to the other Party to the last known address of that Party.

10. PRIVACY POLICY

1. Seller processes personal data of the Buyer as the person concerned in accordance with the Act. 122/2013 on protection of personal data, as amended.
2. Seller in fulfillment of their obligations arising from his purchase contract conducted with the Buyer processes personal data of the Buyer as the person without his consent, while the processing of personal data of the Buyer is necessary for the performance of the purchase contract in which the Buyer acts as one of the Parties.
3. The Seller processes the personal data of the Buyer and/or the person concerned for marketing purposes with the consent of the person concerned in accordance with Section 11 of Act No. 122/2013 on protection of personal data which were granted to him by the person concerned to that purpose when ordering goods through the online shop www.petratoth.sk, while registration at online store www.petratoth.sk or other appropriate means. The person concerned expresses his consent by ticking the appropriate box, for the seller could process and keep his personal data in the scope of name, surname, e-mail address in case of the Seller’s activities regarding sending information about news, special offers, competitions organized by the Seller and to process them in their information system on marketing purposes. The person concerned gives the Seller the consent for a specified period until fulfilling the purpose of processing the personal data of the person concerned. After the fulfillment of the purpose of processing, the Seller shall immediately ensure the disposal of data of the person concerned. The person concerned may withdraw the consent to the processing of personal data any time in writing by either delivered to the registered office of the Seller or by email to: info@oriental-spirit.com. The consent shall expire within one month from receipt of the appeal.
4. The Seller agrees that he does not provide the personal data of the Buyer to any third party with the exception of the carriers who are provided these data for the purpose of goods delivery.

11. FINAL PROVISIONS

1. These Terms and Conditions apply as stated on the website of the online store on the day of submitting the order by Buyer who accepts them without reservation.
2. Seller reserves the right to change or supplement these Terms and Conditions.
3. In the event that the Buyer has the feeling that his consumer rights have been violated he is entitled, under Law No. 391/2015 Coll. on consumer ADR, to apply to alternative dispute resolution entity to resolve the dispute.
4. These Terms and Conditions shall come into force and effect by 15.02.2017.

SUPERVISORY AUTHORITY:

Slovak Trade Inspection
STI Inspectorate for Bratislava region
Bajkalská 21/A
P. O. BOX č. 5
820 07 Bratislava
Odbor výkonu dozoru
tel. 02/58 27 21 72, 02/58 27 21 04
fax 02/58 27 21 70