General terms and conditions

I. General provisions

These general terms and conditions govern the rights and obligations between the seller and the company

WAKIVAKY j.s.a.,

registered office: Katarína Franklovaj 5791/10, 902 01 Pezinok,

business address: Laca Novomeského 56, 902 01 Pezinok,

ID: 52667383,

VAT number: 2121126040,

VAT number: SK2121126040,

registered in OR Okr. of the Bratislava I Court, Dept. Sja, insert no. 96/B,

tel. No.: +421 915 151 063

e-mail: eshop@wakivaky.eu

website: https://www.wakivaky.eu.

(hereinafter referred to as the "seller") and the buyer.

The buyer is a natural or legal person who registers through the seller's online store or an intermediary (hereinafter referred to as the "buyer")

Contract means a purchase contract agreed on the basis of a properly completed order sent via the seller's online store.

II. Order and formation of purchase contract

The buyer orders the goods remotely through the seller's online store, by phone or e-mail.

The order made in this way is considered binding and is in accordance with Act no. 102/2014 Coll. on consumer protection as amended and regulations understood as a contract concluded at a distance.

The buyer is obliged to state his name and surname, delivery and billing address, telephone number, e-mail, product name, number of pieces, chosen method of payment and delivery of the order with each order; a natural person, an entrepreneur or a legal entity is also obliged to indicate the ID number, VAT number and VAT number. These data will be used in accordance with the provisions stated on the seller's website in the "GDPR" section.

A condition for the validity of the order is its true and complete completion.

By sending the order, the buyer accepts all the provisions of these terms and conditions as valid on the day the order is sent, as well as the valid price of the ordered goods listed on the seller's website.

The draft contract is created at the moment the order is sent by the buyer.

The seller checks the order and the data in it, and after crediting the payment to the seller's bank account, confirms it via e-mail.

Confirmation of the order by the seller results in the conclusion of a contract between the seller and the buyer.

This contract is binding for both contracting parties.

III. Withdrawal from the contract (Individual)

In the event that the seller is unable to deliver the ordered goods for any serious reasons, he has the right to cancel such an order. If the payment for the order has already been made by the buyer, the seller will send this payment back to the buyer to the account from which it was received.

The buyer has the right to cancel the order free of charge before it is equipped and shipped, for any reason. In that case, however, he is obliged to immediately notify the seller of this fact by e-mail or by telephone.

In case of cancellation of the order after it has been equipped and shipped, the buyer is obliged to fill out the order return form, which is part of the delivered goods, or it can be downloaded electronically from the seller's website. It will be delivered electronically or by mail to the seller.

The seller confirms receipt after registering the form.

Subsequently, within 14 days from the date of withdrawal from the contract at the latest, the buyer will send the goods back. The cost of returning the goods is borne by the consumer. (§10, paragraph 3, Act 102/2014 Coll.)

The consumer must return the goods complete, they must not be damaged, used, together with the goods, the consumer must hand over the accessories and all documents related to the goods in question (user manual, warranty card, proof of purchase, etc.) that he received when purchasing them.

The seller is not responsible for damage to goods during transport for a claim. In such a case, the consumer applies for compensation for damage to the goods with the selected carrier in accordance with the valid claim conditions of this carrier (we recommend insuring the shipments). All payments will be returned to the consumer no later than 14 days from the date of delivery of the notice of withdrawal. However, the seller is not obliged to return payments to the consumer before the goods are delivered to him or until the consumer proves that the goods have been sent back to the seller to the company's headquarters.

The consumer acknowledges the fact that if gifts are provided with the goods and the consumer uses his right to withdraw from the contract according to §7, Act 102/2014 Coll., any supplementary contract related to the contract from which the consumer withdrew, including the gift contract, is canceled from the beginning concluded between the seller and the consumer. Along with the returned goods, the consumer is obliged to return the provided gifts related to it.

After registering the receipt of the goods, the seller confirms this fact to the buyer and assesses the condition of the returned goods.

If the goods meet the criteria for return, the funds will then be sent back to the buyer's bank account. The seller is entitled to a handling and complaint fee (min. 10%, or min. 10 EUR). This can be forgiven after assessment. The customer has no legal right to forgiveness.

IV. Withdrawal from the contract (Legal entity)

In the event that the buyer is an entrepreneur, he can opt out of the entire buying and selling process, i.e. from ordering to the moment of completion of the process to the moment of signing the order or contract. After the date of fulfillment of the contract, it is possible to withdraw in the form of a complaint, and the buyer is obliged to fill out the return form and deliver it electronically or by mail, similarly to the buyer - a natural person (paragraph III., point 3-4). When withdrawing from the sale, it is necessary to document the sales contract or order.

In the case of a signed sales contract, its validity ends based on the conditions published in the contract.

After registering the return form, the seller will confirm its receipt in writing to the buyer.

The seller is entitled to deduct the costs incurred by the buyer up to the moment of withdrawal from the contract.

After registering the receipt of the goods, the seller confirms this fact to the buyer and assesses the condition of the returned goods.

If the goods meet the criteria for return, he will send the funds back to the buyer's address to his bank account. The seller is entitled to a handling and complaint fee (min. 10%, or min. 10 EUR). This can be forgiven after assessment. The customer has no legal right to forgiveness.

V. Pricing conditions

Price proposals are listed on the seller's website, or they are agreed in the form of an e-mail order, contract, or as part of other negotiations, confirmed by a written output. By purchasing, both parties agree to the proposal of these prices.

Price changes are possible by agreement and must be agreed by both parties.

Changes to already agreed prices are only possible with a new agreement. The amount of new prices is determined by Wakivaky based on a new internal directive.

The final price is always indicated in the order confirmation.

Discount codes and other discounts can be claimed by the buyer when creating an order before it is sent. Requests to apply discount codes after order confirmation will not be accepted by the seller.

VI. Payment for goods

1. In general, the seller accepts the following payment methods: credit card or debit card, non-cash transfer for the purpose, or payment in cash, or in the form of a gift or discount voucher or voucher.

2. Voucher is a form of voucher that cannot be purchased. Vouchers are part of the order during promotional/advertising campaigns with limited time validity, for the purpose, they can be transferred to another person with the consent of the seller.

3. Vouchers can be used in connection with the order only once and only during the specified time period. Vouchers cannot be used to purchase gift cards. Please note that their use may be subject to a certain minimum purchase value.

4. The value of the purchased goods must not be lower than the value of the voucher. If the value of the voucher is not enough to pay the purchase price of the goods, the difference can be paid using any of the accepted payment methods. The voucher cannot be exchanged for cash and does not bear interest. When returning all or part of the purchase, the value of the promotional voucher is not returned and cannot be legally claimed.

5. Gift vouchers are vouchers that can be purchased and are valid for a limited time. They can only be used to purchase Wakivaky goods. If the value of the gift voucher is not enough to pay the purchase price of the goods, the difference can be paid using any of the accepted payment methods.

6. Gift vouchers cannot be exchanged for cash.

VII. Terms of Delivery

1. The buyer chooses the method of delivery of the order himself when creating the order, from the following options:

a. personal collection at the seller's business address (date and time of order collection after mutual agreement with the seller.

b. courier to the address chosen by the seller.

2. The amount of costs for the delivery of the order will be indicated to the buyer together with the price of the goods when sending the order through the e-shop or agreed in advance in the contract or in the e-mail order. In the case of delivery outside the Slovak Republic, transportation may be subject to agreement.

3. The buyer also chooses the method of payment for the order himself when creating the order, from the following options:

a. by bank transfer to the seller's bank account (in this case, however, payment processing may take 2-3 working days, thereby extending the time for order confirmation and processing according to Article II, paragraph 4 of these terms and conditions),

b. online payment via VISA, Maestro or MasterCard payment card (in this case, the payment will be processed immediately).

The invoice will be issued and sent to the buyer immediately after the equipment and dispatch of the order, in electronic form to the e-mail address specified in the order.

4. If the buyer has a user account set up on the seller's website, the invoice can be downloaded electronically from this account as well.

5. The seller will send the order by the selected delivery method within 3-5 working days after receiving the payment to the bank account, but within 10 working days at the latest.

VIII. Delivery and collection of goods

1. The buyer undertakes to take over the goods in the manner agreed in the contract.

2. When receiving the goods, the buyer is obliged to check the physical integrity and completeness of the shipment.

3. If there has been damage to the packaging, which indicates unauthorized handling and access to the shipment, the buyer is not obliged to collect the shipment from the carrier. However, he is obliged to inform the seller of this fact and to agree on the next procedure for dealing with this situation.

4. In the event that the goods inside the shipment are damaged, the buyer is obliged to inform the seller of this fact immediately and is entitled to file a claim, see article IX.

IX. Complaint conditions, warranty and return of goods

1. After taking over the goods, the seller is responsible for all its defects. In the case of used goods, it is not responsible for defects caused by its use or wear. In the case of goods sold at reduced prices, the seller is not responsible for defects on the basis of which the reduced price was agreed upon.

2. The warranty applies only to manufacturing defects of the goods and defects caused by mechanical damage to the goods even before their delivery.

3. The seller is not responsible for product defects caused by wear and tear, mechanical damage by the buyer, use of the product in inappropriate conditions, etc.

4. After finding out the production, or so-called of hidden defects in the goods, the buyer is entitled to file a claim in the manner specified in the next point of these terms and conditions without delay, but no later than by the expiration of the warranty period.

5. The buyer shall notify the seller of the facts that are the reason for the claim, choosing from the following methods:

a. by sending the complaint protocol in paper or electronic form within the completed form.

b. In the notification, the buyer shall include in particular a description of the defect in the goods, or photos showing the damage to the goods, his identification data, including the e-mail address to which he is interested in receiving notification of how to handle the claim.

c. the buyer shall attach an invoice or other proof of the purchase of the goods to the notification, otherwise the seller is not obliged to accept the claim.

d. The seller then confirms receipt of the complaint, explains the following procedure and assesses the legitimacy of the complaint.

It will then notify the buyer of a possible method of processing the claim in one of the following ways:

a. by removing a defect on the product, or repairing the product, or replacing its part, as we act in favor of supporting the circular economy.

b. By exchanging the claimed product for a new (different) piece on the basis of agreement (in the case of a different price of the claimed product and the new product, it is necessary to agree on the method of settlement of the difference).

c. By returning the money.

d. By not acknowledging the complaint, if it becomes clear after examination that it is a defect caused by the buyer's inappropriate handling or use of the product in a way for which the product is not intended.

6. In the case of an unrecognized claim, the seller will inform the buyer with a reference to the internal directive, which will contain information on the fulfillment and distribution of costs for product repair.

7. The duration of the warranty period is twenty-four months. The warranty period starts from the moment of receiving the goods. The rights arising from the warranty for defective goods, which are covered by the warranty period and which are not applied during the duration of the warranty period, expire.

8. Exceptions for which the statutory regulations on goods are not imposed, see point 1 - 8 of paragraph IX., are products with the quality label B.

9. Wakivaki products are divided into 2 quality categories (products with quality in category A and B), since we also employ disadvantaged groups of people:

Products in quality A - from the point of view of quality and design, they are in a state where they show minimal deviations from the required state. Output control monitors dimensional tolerances, sewing quality, aesthetic appearance, functionality and strength of joints, incorporation of accessories, weight and other defined parameters. The only thing that we cannot guarantee, and therefore may have a deviation during quality control, is = the quality of the surface of the upcycled material, its color and tolerances for material thickness. Small deviations, however, are certainly balanced by the feeling that by purchasing the product we helped to upcycle material that could otherwise end up as surplus, without further use and often in an incinerator or a landfill.

Products in quality B - from the point of view of quality and execution, they are in a condition where they show the tolerances set by us, and therefore may have deviations from the desired condition. These are mainly minor deviations in the joining and stitching of materials. Usually these deviations are visible to the naked eye. Nevertheless, the products marked in this way are fully functional. Quality B products are mainly the output of the work of disadvantaged people with whom we work. By purchasing a product labeled quality B, the customer buys a product with tolerated deviations, but with the knowledge that a significant part of the purchase price represents the wages we pay to the disadvantaged person who produced the product.

10. The complaint procedure begins on the date of receipt of the complaint report at the seller.

X. Protection of personal data

1. The seller undertakes not to provide the buyer's personal data to third parties without the buyer's consent.

2. The exception is business partners listed on the seller's website, with the exception of the carrier, who can deliver the ordered goods to the buyer. The subject of the sharing of personal data is the data that is necessary for the realization of the sale and the delivery of the goods to the customer. The buyer agrees to provide his personal data for this purpose.

3. The buyer agrees to use the processing of his personal data through the purchase through the seller's e-shop, or through the signing of the sales contract. His personal data will be processed in the scope of: first and last name, address for invoicing and shipping of the ordered goods, telephone contact and email address.

4. The seller will store the buyer's personal data listed in point 3.1. of these General Terms and Conditions for an indefinite period and in electronic and/or paper form, exclusively for the purposes of internal statistics, within the marketing and sales system, for the purpose of the seller's business analysis and for convenience, he will provide this information without delay by sending it to the buyer's email address.

5. The buyer acknowledges and agrees that the online store www.wakivaky.eu uses "cookies" files to provide better services to its customers. If the buyer does not agree to the use of "cookies", he can prevent them by setting his internet browser accordingly on the electronic device he uses to connect to the www.wakivaky.eu online store (computer, tablet or mobile phone of the buyer or potential buyer). .

6. Handling of buyers' personal data is subject to the regulation of Act no. 122/2013 Coll., On the Protection of Personal Data and on Amendments and Supplements to Certain Acts, as amended by later legislation. e future purchases of the buyer from the seller.

7. If it is necessary to delete his data (after the proper completion of the business-sales process and payment of his obligations), the buyer can request the deletion of his data from the database through the form on the seller's website.

8. After deleting the buyer's data, the seller informs the buyer about this fact by confirming this request in writing.

XI. Final provisions

1. By using the seller's online store and confirming the order, the buyer expresses his consent to these terms and conditions.

2. The relevant provisions of the Commercial or Civil Code apply to relationships not regulated by these general terms and conditions.

In Pezinok on November 25, 2022