INTRODUCTORY PROVISIONS
(hereinafter referred to as "general terms and conditions") The seller in terms of these general terms and conditions of purchase refers to the company DIAMOND GROUP, s.r.o. with registered office at Vagonárska 2380/37 058 01 Poprad, ID number: 44250045, registered in the Commercial Register of the District Court of Prešov, section: Sro, insert no. 42628/P (hereinafter referred to as the "operator") and the return and claims branch of DIAMOND GROUP, s.r.o., Námestie sv. Egidia 15/35 058 01 Poprad.
CONTACTS
E-mail: info@gemsy.sk
Customer line: +421 902 111 600 (Mon - Fri: 9:00 - 18:00)
ORDERS
The goods can be selected by browsing the catalog on our website gemsy.sk and with the help of the operator on the line +421 902 111 600 (Mon – Fri: 9:00 – 18:00).
When ordering online, please provide the following information:
If you are purchasing as a consumer, i.e. as a natural person who does not act when concluding a contract at a distance within the scope of his business activity, employment or profession, please enter your first and last name, address. Enter your phone number and e-mail at the same time.
If you are purchasing in connection with your business activity, please also state the business name, ID number, VAT number and place of business or registered office
After sending the order, your order will be processed and a confirmation of receipt of the order will be sent to your e-mail. By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to section § 3 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or the provision of services based on a contract concluded at a distance, or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as the "Act on Consumer Protection in the Sale of Goods").
We will agree the details of the order and the expected date of delivery of the goods to the buyer by e-mail. If necessary, all additional information regarding your order will be sent to the e-mail address you provided.
SUPPLY OF GOODS
The seller is obliged to fulfill the order and deliver the goods to the buyer within 30 days at the latest. We usually ship goods in stock within 2 working days. However, we have an estimated delivery date for each product, which we try to keep. We deliver the goods on working days from 9:00 a.m. to 6:00 p.m. We will inform you by e-mail about the exact day of the shipment and the delivery of the goods.
In the event that the goods are delivered by a contracted carrier, the buyer gives the seller the right to sell to the carrier the minimum personal data necessary for the smooth delivery of the goods (name, address, telephone).
When taking over the goods, we will deliver a proof of receipt of the goods. The proof of receipt of the goods is also a written order for the goods. The buyer will receive the tax document with the calculation of the purchase price and VAT by e-mail no later than 14 days after the delivery of the goods. The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him takes over all parts of the ordered goods or if:
a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
WITHDRAWAL FROM THE CONTRACT (RETURN OF GOODS)
The seller is entitled to withdraw from the contract due to sold-out stocks, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the contract interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the contract or for reasons of force majeure, or if even when making all the efforts that can be fairly required of him, he is not able to deliver the goods to the buyer within the period determined by these general terms and conditions or at the price indicated in the online store. The seller is obliged to immediately inform the buyer about this fact and to return to him the deposit already paid for the goods agreed in the contract within 14 days from the notification of withdrawal from the contract by transfer to the account designated by the buyer.
The seller reserves the right to cancel the order or part of it in the following cases:
- in the case of a cash on delivery order, the order could not be confirmed bindingly (incorrect phone number, unavailable, does not respond to e-mails, etc.)
- in the event that the buyer - entrepreneur did not take delivery of the goods in the past or violated the business conditions in another way
The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the day of receipt of the goods. Within this period, the buyer has the right to unpack and test the goods in a similar way as is usual when buying in a classic "brick and mortar" store. However, testing does not mean starting to use the product and then returning it to the seller. The buyer can exercise the right to withdraw from the contract with the seller in a written form in a way that leaves no doubt that the contract has been withdrawn.
If the buyer withdraws from the contract, any additional contract related to the contract from which the buyer withdrew is also canceled from the beginning. Withdrawal from the contract must be notified to the seller in advance through a form that must be filled out online on the seller's website or by phone at +421 910 303 300. By withdrawing from the contract, the buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, in original undamaged packaging and unused within 14 days from the date of receipt of confirmation of the withdrawal form by the seller to the address provided by the seller.
It is recommended to insure the goods. The seller does not accept cash on delivery shipments. After a valid withdrawal from the contract, the seller will return to the buyer all payments that the buyer has demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price, including the costs of delivery of the goods. However, the seller is not obliged to reimburse the buyer for additional costs if the buyer has chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
Payments will be returned to the buyer within 14 calendar days from the day the seller receives the buyer's notice of withdrawal from the purchase contract. The payment will be made in the same way that the buyer used when paying the seller, if the buyer did not specify another payment method in the written declaration of withdrawal from the contract, without charging any additional fees.
In the event that you purchase the goods in connection with your business activity (which is determined by the identification number on the purchase document), the right of withdrawal does not arise, as the Commercial Code does not allow this option. In the event that the buyer withdraws from the contract and delivers goods to the seller that are used and damaged or incomplete, or the value of the goods in question is reduced as a result of such handling of the goods that goes beyond the treatment necessary to determine the properties and functionality of the goods, the seller has the buyer is entitled to compensation for damages in the amount of the value of repairing the goods and returning the goods to their original condition or the seller has the right to demand from the buyer reimbursement of the reduction in the value of the goods, and the buyer is informed of this fact.
REFUND
In the event that the buyer withdraws from the contract and delivers goods to the seller that are used, damaged or incomplete, the buyer undertakes to pay the seller the value by which the value of the goods was reduced in the actual amount, the costs incurred by the seller in connection with the repair of the goods and its restoring it to its original condition, calculated according to the price list for post-warranty service of goods.
Pursuant to this point of the general terms and conditions, the buyer is obliged to pay compensation to the seller at most in 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.
The seller undertakes to return to the buyer the price paid for the relevant goods within 14 calendar days from the date of delivery of the notice of withdrawal from the contract to the seller. The seller is not obliged to return to the buyer the price paid for the relevant goods before he received the goods from the buyer together with accessories, including documentation, etc. delivered or until the buyer proves that the goods have been sent together with accessories, including documentation, etc. back to the seller.
In case of withdrawal from the contract, the buyer bears the direct costs of returning the goods to the seller or the person authorized by the seller to take over the goods. When withdrawing from the contract, the buyer bears the direct costs of returning the goods, which due to their nature cannot be returned by post. The direct costs associated with returning goods cannot be adequately calculated in advance. According to the available information, the expected estimate of these costs depends on the size, weight of the goods, the distance from where the goods are returned and the prices at which the selected carrier provides its services to the buyer in the amount of EUR 2 to EUR 150.
In the event that the buyer fails to fulfill any of the above-mentioned obligations under these General Terms and Conditions, the withdrawal from the contract is not valid and effective, and the seller is not obliged to return all demonstrable payments under these General Terms and Conditions to the buyer, and at the same time is entitled to reimbursement of costs associated with by sending the goods back to the buyer.
The buyer cannot withdraw from the contract of which it is the subject
a) sale of goods made according to the special requirements of the buyer, goods made to measure or goods intended specifically for one buyer,
b) sale of goods that are subject to rapid deterioration or deterioration,
c) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
d) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery. The purchase price of the goods will always be confirmed to you in the details of the order by e-mail. The buyer confirms that he was aware that part of the order is the obligation to pay the price.
PRICES
All prices for goods and services and all fees in the online store are stated including VAT. All promotions are valid while stocks last, unless otherwise stated for a specific product.
The warranty conditions are regulated by the complaints procedure.
The seller is not responsible for delayed delivery of goods caused by the courier service, or by giving the wrong address of the buyer. The buyer is obliged to thoroughly check the goods when taking them over from the carrier/courier and to confirm the receipt of the goods with his signature on the receipt of the goods.
Complaints for possible non-delivery of goods due to the fault of the courier or damage to goods caused by the courier service must be made directly to the courier service employee in such cases. The buyer will not accept the damaged goods from the courier and the buyer will note the damage to the goods in the receipt of the goods.
Claims of mechanical damage to the goods caused by transport, the receipt of which was confirmed by the buyer without defects to the courier service worker, will not be recognized by the seller as justified, and payment from such a claim will not be provided to the buyer.
The buyer has the right to cancel the order without giving a reason at any time before the shipment of the goods by e-mail or by phone. In case of non-delivery of the goods due to force majeure or due to the end of its production, the seller immediately informs the buyer about the reason for the non-delivery. The seller is obliged to provide the possibility of delivery of replacement goods. The buyer has the right to refuse the possibility of delivery of replacement goods and to withdraw from the order of said goods. In case of payment of the purchase price or part thereof, upon cancellation of the order, the funds will be returned to the buyer within 14 calendar days to the indicated bank account.
DIAMOND GROUP, s.r.o. processes and stores personal data in accordance with the EU Data Protection Regulation 2016/679 (GDPR) and the Personal Data Protection Act No. 18/2018 Coll. which is in force from 25.5. 2018. Personal data and their protection
ALTERNATIVE METHOD OF RESOLVING DISPUTES
Dear consumer. If you believe that we have violated your rights, or you are not satisfied with the way we handled your complaint, send your request for correction to our email address: reklamacie@gemsy.sk
If we answer this request negatively, or if we do not respond to it within 30 days of sending it to the email address provided, or if you are not satisfied with our solution, then based on the amended Act no. 102/2014 and Act no. 391/2015 on the alternative resolution of consumer disputes, you have the right to an alternative (out-of-court) method of dispute resolution.
You can submit a proposal in the manner specified in accordance with §12 of Act 391/2015 Coll. To submit a proposal, you can use a form, the model of which is also available on the website of the relevant ministry and each entity of alternative dispute resolution.
The address for submitting submissions in electronic form to the Slovak Trade Inspection is ars@soi.sk.
The subject of alternative dispute resolution may reject the consumer's proposal, e.g.:
if the quantifiable value of the dispute does not exceed the amount of 20 euros;
if, considering all the circumstances, it is obvious that an alternative resolution of the dispute could only be conducted with the development of disproportionate effort, and so on.
A consumer can also file a complaint through the RSO's alternative dispute resolution platform, which is available online at this link. A consumer living in the EU can file a complaint against a trader based in the EU.
The costs associated with the alternative resolution of the dispute shall be borne by each of the parties to the dispute separately without the possibility of reimbursement.
We determine your satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which our e-shop is involved. We will send them to you every time you make a purchase from us, unless in accordance with § § 62 of the Act no. 351/2011 Coll. on electronic communications, as amended, you will not refuse to send electronic mail for marketing purposes. We process personal data for the purpose of sending questionnaires as part of the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. To send questionnaires, evaluate your feedback and analyze our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal, for these purposes we can sell information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not provided to any third party for its own purposes. You can opt-out of the Customer Verified email questionnaires at any time by opting out of further questionnaires using the link in the questionnaire email. In case of your objection, we will not send you the questionnaire any further.