Business conditions

Business and complaint conditions

Seller - Divamoda sro, IČO: 50711610, e-shop operator: www.divamoda.sk and www.divamoda.cz
Buyer - a natural or legal person who has entered into a business relationship with the seller.
Order - purchase contract (invoice) on the basis of which the sale and delivery of goods is realized.
Goods - products or services in the e-shop offer www.divamoda.sk, www.divamoda.cz

Buyer means a person who, by providing his contact details to the operator of the online store www.divamoda.sk, www.divamoda.cz and orders the purchase of goods and becomes a registered user of this online store.
The operator of the internet and mail order store www.divamoda.sk and www.divamoda.cz is Divamoda sro; Myslina 50, 066 01 Myslina, SK, IČO: 50711610, DIČ: 2120438166, VAT payer - IČ DPH: SK2120438166, OU-HE-OZP-2017 / 001770-2, č. of business register 720-22109, Bank connection: (SLSP), SK - IBAN: SK1609000000005126545842, CZ - Account number: 2202140879/2010 (FIO BANKA) CZ, CZ - IBAN: CZ95 2010 0000 0022 0214 0879

Supervisory and supervisory authority:

SOI Inspectorate for the Prešov Region
Konstantinova 6, 080 01 Presov 1
Department of Technical Product Inspection and Consumer Protection
tel. No .: 051/7721 597
fax no .: 051/7721 596
e-mail: pr@soi.sk

I. Protection of personal data

We use the personal data we request from you exclusively for our internal use in connection with the fulfillment of obligations arising from the order and we do not provide them to third parties. We work with your personal data only and exclusively to the extent permitted by Act no. 122/2013 Coll. On personal data protection.
Your personal data is secured against misuse with us and will not be otherwise used commercially without third party access. When registering, you have the option of receiving news or other marketing information from the seller. They are used exclusively for the tasks associated with processing your order in our company and sending it through the courier company GLS. The buyer has the right to access their personal data, the right to correct them, including other rights to this data. Personal data can be removed from the database based on a written request from the buyer delivered to the seller.

By sending the order, the customer agrees to the collection and use of information about himself and the purchases made.

We place the greatest emphasis on the protection of personal data!

I I. Order and conclusion of the contract

All orders executed through the online store www.divamoda.sk and www.divamoda.cz are binding for both parties. By sending the order, the customer confirms that he has read these purchase and complaint conditions.
The condition for the validity of the electronic order is the true and complete completion of all data and requirements required by the system during registration or during the execution of the order.
The purchase contract between the seller and the buyer is created by sending the order by the buyer and its receipt on the part of   seller . By sending the order, the buyer agrees to the terms and conditions and understood them. The buyer can place an order of goods from the seller only through the online store www.divamoda.sk and www.divamoda.cz.

I II. Prices of goods

The prices listed in the online store www.divamoda.sk and www.divamoda.cz are valid at the time of ordering the goods. We reserve the right to make typographical errors and price changes in the event of a significant change in exchange rates. The price of the goods is stated with VAT. The price of the goods does not include postage and packing.
The proof of sale is the invoice, which is attached to each shipment and which serves as both a delivery and warranty card.

IV. Order Cancellation

a) The buyer has the right to cancel, cancel the placed order before its binding confirmation at any time without giving a reason.
b) The buyer has the right to cancel, cancel the placed order after its binding confirmation in the event that the seller has not fulfilled its obligation to deliver the goods within the agreed or additionally communicated period.
c) The buyer has the right to cancel, cancel the placed order after its binding confirmation, even without giving a reason, until the goods have been sent to the buyer's address.
If the buyer has paid part or all of the price, this amount will be refunded immediately from the cancellation of the order.
Please cancel the order by e-mail: info@divamoda.sk

V. Methods of payment

5.1 Cash on delivery - You will order the goods, but you will only pay when you receive the package.
In this case, we charge a fee according to the amount of the order.
We send goods cash on delivery only within the Slovak Republic and the Czech Republic.
If the customer orders the goods by cash on delivery and does not accept the goods, the goods will be sent to him the next time only after payment of the amount by transfer to the account!

5.2 Bank transfer - you will order the goods and we will send you our account number and variable symbol. So you will first pay for the goods by transfer to our account max. up to 3 works. days and after receiving the payment we send the package to you and inform you by e-mail about its sending.

5.3 Payment by card - TRUST PAY

VI. Shipping and shipping costs

All prices for transport can be found HERE .

We send the goods through the courier company GLS.

We deliver the goods within 1-3 working days from the dispatch of the shipment. You will receive information by e-mail at the time of shipment. In unexpected circumstances, the delivery time may be extended. In this case, we will notify you in advance by e-mail or telephone about the change in the delivery time of your goods and you will have the opportunity to cancel the order or change the order.

After sending your order, we will send you a confirmation e-mail, in case the goods are not delivered to you within 3 days of dispatch, please contact us.

The seller undertakes:
- deliver to the buyer the type and quantity of the ordered goods at the purchase price and under the payment conditions that apply on the day of sending the order to the address within the Slovak Republic.
- deliver the goods to the buyer, suitably packed, so as not to damage them during handling at the transport company.
- the seller delivers the ordered goods to the place specified by the customer, ie the buyer. Delivery of the goods to the place of delivery designated by the buyer is considered to be the fulfillment of the delivery. The goods are delivered together with the tax document. In the event that the seller mistakenly sends a different type of goods, or in a different size than ordered by the buyer, the seller will return to the buyer the full amount the buyer paid for the order, including postage and packaging costs incurred after sending the shipment back to the seller.

The seller reserves the right, depending on the nature of the order (quantity, price, shipping costs, distance, etc.), especially at a higher order price (80 euros) and more to ask the buyer to pay in advance to the account, which must be made within 24 hours orders by buyers. The seller also reserves the right to authorize the order in a trustworthy manner, e.g. by telephone or in writing. In the case of non-authorization by the customer, the operator considers the order invalid.

The seller is not responsible for:
- late delivery of goods caused by the transport company.
- delayed delivery of goods due to incorrectly entered address of the consignee
- for damage to the consignment caused by the transport company
- non-delivery of goods due to unforeseeable events.

The buyer undertakes:
-The buyer confirms that he has chosen the object of purchase in accordance with the seller's offer in the online store www.divamoda.sk or www.divamoda.cz. The buyer declares that he is familiar with the terms and conditions, they are understandable to him and he undertakes to comply with these conditions.
- take over the ordered goods, check the integrity of the packaging
- pay the price for the goods in full and in accordance with the payment terms valid on the day of sending the order.

VI I. Exchange and return of goods

You can find more information about the exchange and return of goods HERE .

Pursuant to Act 102/2014 Coll. On consumer protection in the sale of goods or provision of services under a distance contract, you have the right to withdraw from such a contract without giving a reason within 14 calendar days from the date of receipt of the goods, and it is necessary that within your withdrawal letter together with the original proof or a copy of the purchase delivered to the seller. The seller is not responsible for any loss of goods before delivery to the seller, so it is recommended that the buyer sends the goods to sleep through the registered shipment and the insured. The seller will not accept the goods returned cash on delivery. In the event that the goods are returned to the seller in a damaged condition, the customer is obliged to reimburse the seller the costs associated with restoring the goods to their original condition and the damage to the goods (incomplete content, worn or dirty goods, damaged goods, etc.). The seller is entitled to deduct the costs of restoring the goods to the original condition from the amount to be returned to the buyer by the title of withdrawal from the purchase contract. Withdrawal from the contract can be made by electronic form of communication by filling out and sending the form for withdrawal from the purchase contract to email: info@divamoda.sk

If the customer orders goods worth more than 80 EUR, when he will not be charged postage, if he subsequently partially returns the order and the value of the rest of the order will no longer exceed 80 EUR, the customer will also be charged postage according to our terms and conditions. The amount for postage will be deducted from the refund amount.

ATTENTION: The money will be returned to you on condition that you have not used the goods! If obvious signs of wear are found on the goods (eg soiling with make-up or other contamination, various scents, eg perfume, cigarette smoke, etc.), we will immediately send the goods back to your address for a cash on delivery fee of € 3! After examining the integrity of the goods, the amount for the goods will be returned to your bank account or by voucher.

We ask our esteemed customers not to write us invoices! Then the withdrawal form is used!

Please do not send the goods on delivery! We will not accept the goods sent by cash on delivery and they will be returned to you, thus incurring unnecessary postage costs.
According to the mentioned law, we are obliged to return the entire amount paid for the goods no later than 14 days from the date of withdrawal from the contract, but we usually handle the return of payments in less than 14 days by transfer to your bank account or voucher . The seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a delivery method other than the cheapest standard delivery method offered by the seller or if the goods were sent abroad with an increased postage rate. Additional costs are the difference between the delivery costs chosen by the buyer and the costs of the cheapest normal delivery method offered by the seller.
VI II. Making a complaint

We recommend the buyer to check that the shipment is not damaged before taking over and paying for the shipment. In case of extensive damage (torn packaging, deformation and other extensive damage), we recommend not accepting the shipment. If you take over the package despite the visible damage to the packaging, it is at your own risk, claims under this title will not be accepted. The carrier is responsible for damage during transport.
Complaints handling is governed by the warranty conditions of the specific goods and the Civil Code.

According to the Civil Code No. 150/2004, a warranty of 2 years is provided for each product.
If you find a product defect that is covered by the complaint during the warranty period, write to us at the e-mail address info@divamoda.sk and wait for instructions on how to proceed. After receiving the information, send the goods together with the original invoice or a copy of it to the address given below via Slovenská pošta, recommended 1st class. The seller is not responsible for any loss of the package caused by the carrier, so we recommend insuring the package. Do not send goods on delivery!
Send complaints by mail to:

Divamoda s ro

In strawberries 10

148 00 Prague4 - Kunratice

- Only goods cleaned and free of all impurities must be submitted for a complaint.
- Please attach a complaint form to the shipment (you can download itHERE )
- Attach a copy of proof of purchase (invoice)
- Describe the exact definition of the defect, damage and place, if possible, in the claim document
- If we accept the complaint, please also state your account number where we will return the money, or let us know that you are interested in the same goods (if it is still available)
- We will also ask you to provide your telephone number, email, so that we can express the complaint expressly and provide you with information about it.

The costs of transporting the claimed goods from the buyer to the seller are paid by the buyer.
The return transport after the settlement of the justified complaint is paid by the seller.

In the case of goods that need to be sent for repair to the manufacturer, we reserve the right to extend the time for handling the complaint by the time necessary for this repair.

Only goods purchased and paid for at www.divamoda.sk and www.divamoda.cz can be claimed. A justified warranty claim is free of charge; in the event of an unjustified claim, you are obliged to pay the costs incurred in resolving this claim.
The warranty does not cover damage caused by:
- natural or excessive mechanical wear
- contamination of the goods or parts thereof due to neglect of maintenance
- by using the goods in conditions which do not correspond to their temperature, dust, humidity, chemical and mechanical influences of the environment in which the goods are normally used
- external influences, e.g. fall or impact
- tampering with the goods by an unauthorized person (unprofessional repairs or modifications)
- when using the goods in contravention of the operating instructions
- mechanical damage - torn, cut, heat-damaged goods, goods damaged by careless disproportionate physical treatment, intentional scratching of layers of goods, etc.
The warranty also does not cover damage caused by natural disasters, natural disasters, violent damage, weather conditions, or operation in extreme and unusual conditions.
In the event of an unjustified complaint, the goods will be returned to the buyer with the appropriate opinion.

Important information you should know when making a complaint:

  • The statutory warranty period of 24 months applies to goods sold from April 1, 2004.
  • Warranty periods begin to run from the receipt of the item by the buyer. The warranty does not cover the defect for which a lower price was agreed.
  • If the goods are exchanged during the complaint, the warranty period begins to run again from the receipt of the new item. The same is true.
  • In the case of defects that occur after the purchase, they must be pointed out without undue delay within 6 months of the discovery of the defect, at the latest by the end of the specified warranty period. After the expiration of the warranty period, the right to make a complaint expires.
  • The consumer has the right to have his complaint settled no later than 30 days from the day following the day the goods were taken over by the seller. In the event that the seller does not comply with this legal deadline, the consumer has the right to decide whether to request an exchange of goods or a refund (§ 623, § 622 of the Civil Code).
  • In the event of a remediable defect, the consumer has the right to have it removed free of charge, in a timely manner and properly. The seller decides on the method of eliminating the defect and is obliged to eliminate the defect without undue delay.
  • The seller can always replace the faulty item with a faultless one instead of eliminating the defect (repair), if this does not cause serious difficulties for the buyer.
  • In the event of an irreparable defect that prevents the proper use of the item for the purpose, the consumer has the right either to exchange the item or to withdraw from the contract (refund). It is up to the buyer to exercise the right to exchange or refund. However, if he chooses one of these rights, he can no longer change that choice on his own.
  • Proof of purchase must be submitted when making a complaint.
  • In the case of complaints about already used goods, the consumer is not entitled to a refund of the postage already paid, or to reimbursement of costs associated with the delivery of the shipment to the seller.
  • The consumer should no longer use the thing on which he found the defect.
  • Wear characteristic of the material or use is not considered a defect.

    I X. Cash on delivery

    In the event that the customer does not receive the goods upon the first delivery and requests re-delivery of the order, he is obliged to pay the costs of the first delivery attempt as well as re-delivery of the order. If the customer does not accept the cash on delivery package from us, we reserve the right to request payment in advance by bank transfer for the next order.
    In the event of non-compliance with these conditions and the principles of correct conduct, we reserve the right not to enter into a sales relationship.

    X. Information on the possibility and conditions of dispute resolution through the system of alternative dispute resolution

    1. The buyer as a consumer (not "entrepreneur") has the right to contact the seller with a request for redress (by e-mail to: info@divamoda.sk), if he is not satisfied with the way in which the seller handled his complaint or if he considers that the seller violated his rights. If the seller responds to this request in a negative manner or does not respond within 30 days of its dispatch, the consumer has the right to file a motion to initiate alternative dispute resolution of the ADR entity under Act 391/2015 Coll., Which is an ADR body and is entitled legal entity registered in the list according to § 3 par. 2 and § 5 par. 2 of the Act 391/2015 Coll. The consumer may submit the proposal in the manner determined pursuant to Art. §12 of Act 391/2015 Coll. The consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
    2. Alternative dispute resolution may be used only by the consumer - a natural person who, in concluding and performing a consumer contract, does not act within the scope of his business, employment or profession. Alternative dispute resolution only concerns a dispute between a consumer and a seller arising out of or in connection with a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the quantified value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for initiating ADR up to a maximum of EUR 5 including VAT. The list of all ADR entities is published by the Ministry of Economy on the website www.economy.gov.sk.

    XI. Special provisions

    1. Legal relations not expressly regulated by the purchase contract or these OPs are governed by the provisions of the relevant general legal regulations valid in the territory of the Slovak Republic, while the contracting parties expressly exclude the application of the UN Vienna Convention on Contracts for the International Sale of Goods. The contracting parties in accordance with § 37e of Act no. 97/1963 Coll. on international private and procedural law, agreed that all disputes and claims arising from this agreement will be decided by Slovak courts.
    2. Documents and messages delivered by e-mail shall be deemed to have been delivered at the moment of successful sending of the e-mail message from the sender's e-mail box to the recipient's e-mail address, unless the sender's server delivers a message to the sender about the impossibility of delivering the sent e-mail message to the recipient.

    XII. Final provisions

    1. If some provisions of the purchase contract and / or OP become invalid as a result of a change in legislation, this does not result in the invalidity of the entire purchase contract and / or GTC and the seller undertakes ineffective, resp. replace invalid provisions with new ones within 10 working days, unless otherwise agreed.
    2. The buyer expressly declares that before accepting the draft purchase agreement he has read these GTC, which are published on the seller's website and online store and are an integral part of the purchase agreement and agrees with them, which confirms by sending the order to the seller.
    3. The Seller reserves the right to change these OPs. The obligation to give written notice of a change to these GTC is fulfilled by placing them on the seller's website.
    4. These GTC are valid in the wording in which they are published on the seller's website www.divamoda.sk and www.divamoda.cz
    These business conditions come into force on 01.01.2015