1. These T&C govern:

• the process of the Consumer purchasing Goods through the E-shop,
• the conditions for the sale and purchase of Goods through the Seller’s E-shop,
• the rights and obligations of the contracting parties, i.e. the Seller and the Consumer, arising from the purchase agreement concluded between these parties, the subject of which is the purchase and sale of Goods through the Seller’s E-shop.

Article III – Order and Conclusion of the Agreement:

1. The Consumer orders Goods from the Seller through the E-shop located at the domain www.amare-ezoterika.sk.
2. The description of the Goods, their characteristics, and their price are stated in the E-shop next to the respective Goods.
3. Purchasing Goods in the E-shop is not conditional on registration in the E-shop.
4. The Consumer orders Goods from the Seller through the E-shop in accordance with the instructions provided in the E-shop.
5. After clicking the “ADD TO CART” button next to the Goods, the ordered Goods are automatically added to the Consumer’s shopping cart. The Consumer’s shopping cart is available for review by the Consumer at any time while creating the Order.
6. In the shopping cart preview, the Consumer also selects the method of delivery of the Goods from the options offered by the Seller.
7. The price for Shipping, according to the selected delivery method, will be added to the prices of individual Goods, if the Seller allows delivery of the Goods by several methods.
8. The Consumer completes the Order by clicking the “Order with Obligation to Pay” button. Before doing so, the Consumer is required to read these T&C and confirm this by ticking the box “I confirm that I have read the General Terms and Conditions of the E-shop www.amare-ezoterika.sk”.
9. By submitting the Order, i.e. by clicking the “Order with Obligation to Pay” button, the Consumer also confirms that they have been informed by the Seller about:

• the characteristics of the Goods,
• the total Price that the Consumer is required to pay to the Seller.

10. After the Order is created, it will be registered in the E-shop system. The Seller will send the following to the Consumer’s email address provided during registration:

• confirmation of the Order with information about the Order,
• the version of the T&C that is valid and effective at the time the Order is created by the Consumer,
• the Seller’s Complaints Procedure, if not included as part of the T&C.

11. The Seller will begin production of the Goods only after the full Price of the goods has been paid. If the Consumer does not pay the Price of the goods within 5 business days, the Seller has the right to cancel the Order.
12. Upon payment of the Price of the goods, the purchase agreement is considered concluded, the subject of which is the delivery of the Goods specified in the Order for the price stated therein, all under the conditions contained in the documents referred to in point 11 of this article of the T&C.

Article IV – Payment and Delivery Terms:

1. The Consumer may pay the Price according to the Order:
2. via the PayPal payment gateway;
3. by bank transfer;
4. by direct deposit at a bank into the Seller’s account.
5. in cash upon personal pickup
6. The Seller does not charge any fee for payment of the Price. However, the Seller has informed the Consumer that the entity through which the Price is paid may charge a fee for the payment (e.g. the respective bank for a deposit into the account).
7. The Consumer undertakes to pay the Price within the period stated in the Order.
8. Payment means the moment the Price is credited to the Seller’s account.
9. The Seller undertakes to deliver the ordered Goods to the Consumer within 30 business days of payment of the Order Price. If the Seller is unable to meet this deadline (e.g. due to taking leave, health reasons, etc.), the Seller is obliged to inform the Consumer properly and promptly of this situation.
10. The Seller will deliver the ordered Goods to the Consumer at the address stated by the Consumer as the delivery address in the Order.

Article V – Information on the Consumer’s Right to Withdraw from the Agreement:

1. In the case of the creation of a work – a painting, the consumer does not have the right to withdraw from the agreement, as its subject is the sale of individualized paintings/items, or the sale of goods made according to the customer’s specific requirements. Upon payment of the order, the agreement is considered non-cancellable.

Article VI – Transfer of Ownership and Passing of Risk of Damage to the Goods:

1. The Consumer acquires ownership of the Goods upon taking delivery of them from the Seller.
2. The risk of damage to the Goods passes to the Consumer at the time the Consumer takes delivery of the Goods from the Seller, or, if they fail to do so in time, at the time the Seller allows the Consumer to handle the Goods and the Consumer does not take delivery of them.

Article VII – Complaints Procedure (liability for defects, warranty, complaints):

1. Upon taking delivery of the Goods, the Consumer is required to check:

• whether the Goods delivered are in accordance with the Order,
• whether the quantity of Goods delivered is in accordance with the Order,
• whether the Goods or their packaging are damaged.

2. If the Consumer is delivered Goods that they did not order, the Consumer is required to contact the Seller immediately, no later than within 24 hours, by email. In such a case, the Consumer is entitled to refuse delivery of the Goods and draw up a Record of Non-Acceptance of Delivery with the person who delivered the Goods.
3. If the Consumer is delivered Goods showing signs of damage, obvious defects, or a smaller quantity than ordered, the Consumer is required to accept the Goods but must note these facts on the delivery note. The Consumer is required to send such a delivery note to the Seller immediately and assert their claims for defects. Later complaints regarding damage, destruction, or quantity of the Goods upon delivery will not be accepted.
4. The Consumer may file a complaint regarding the Goods by email at: asntexsro@gmail.com or by post at the Seller’s current registered office address, together with documents such as the delivery note and invoice. In the complaint, the Consumer is required to state:
5. their identification details,
6. the Seller’s details,
7. a description of the Goods being complained about,
8. a description of the defect in the Goods, and
9. the Order number to which the complaint relates.
10. If a complaint is filed through means of remote communication, the Seller is required to deliver confirmation of the complaint to the Consumer immediately; if immediate delivery is not possible, it must be delivered without undue delay, but no later than together with the document confirming resolution of the complaint.
11. The warranty period begins on the day the Consumer takes delivery of the Goods. The warranty period is 24 months, unless otherwise stated in the documents relating to the Goods. The warranty applies to defects in the goods. If a longer period is stated on the Goods, their packaging, or the instructions accompanying them, the warranty period will not end before that period expires. Rights arising from liability for defects are to be exercised with the Seller in the manner set out below.
12. The warranty does not apply to the artistic rendering of the subject matter of the agreement.
13. Nor does it apply to damage to the Goods arising, among other things, in particular from:
14. natural or excessive mechanical wear,
15. contamination of the Goods or their parts due to neglect of maintenance or neglect of care for the Goods,
16. use of the Goods in conditions that do not correspond, in terms of temperature, dust, humidity, or chemical and mechanical environmental effects, to the environment in which the Goods are normally used,
17. external effects, e.g. a fall or impact, water ingress, fire,
18. interference with the Goods by an unauthorized person (unprofessional repairs, assembly, or modifications),
19. use of the Goods contrary to the instructions, technical standards, other documentation for the Goods, or the purpose for which the Goods are intended,
20. mechanical damage, in particular Goods that are torn, cut, thermally damaged, or Goods damaged by careless, excessive physical handling, deliberate scratching of the Goods’ layers, etc.,
21. failure to report obvious defects upon taking delivery of the Goods,
22. after expiry of the warranty period.
23. The warranty also does not apply to damage arising as a result of natural events, natural disasters, violent damage, weather conditions, or operation under extreme and unusual conditions.
24. The Seller is liable for defects that the sold item has at the time of delivery to the Consumer. For used items, the Seller is not liable for defects arising from their use or wear. For items sold at a reduced price, the Seller is not liable for the defect for which the reduced price was agreed.
25. Unless the items are perishable goods or used items, the Seller is liable for defects that occur after delivery of the item within the warranty period (warranty).
26. The Seller is required to determine the method of handling the complaint immediately, in more complex cases within 14 days from the start of the complaint procedure, and in justified cases, especially where a complex technical assessment of the condition of the Goods is required, no later than within 30 days from the start of the complaint procedure. Notification of the determined method of handling the complaint may also be made by the Seller via email to the email address provided by the Consumer during registration. After determining the method of handling the complaint, the Seller will resolve the complaint immediately; in justified cases, the complaint may be resolved later. However, resolution of the complaint must not take longer than 30 days from the date the complaint was filed. After the fruitless expiry of the period for resolving the complaint, the Consumer has the right to withdraw from the Purchase Agreement.
27. If the defect can be remedied, the Consumer has the right to have it remedied free of charge, in a timely and proper manner. The Seller may always, instead of remedying the defect, replace the defective Goods with defect-free Goods. If the defect cannot be remedied and prevents the Goods from being properly used as if they were defect-free, the Consumer has the right to a replacement of the Goods or the right to withdraw from the agreement. The same rights apply to the Consumer if the defects are remediable but the Consumer cannot properly use the Goods due to the recurrence of the defect after repair or due to a greater number of defects. A greater number of defects is considered to be at least three defects, and a recurrence of a defect is considered to be the occurrence of the same defect after at least two previous repairs. If it is an irremediable defect that does not prevent the proper use of the item according to the Order, the Consumer has the right to a reasonable discount.
28. By resolving a justified complaint, the warranty period is extended by the duration of the complaint. If the complaint was resolved within the statutory warranty period by replacing the Goods with new ones, the warranty period will begin to run again from the date the complaint was resolved.
29. The Seller has not issued any further codes of conduct that it must comply with, other than these T&C.

Article VIII – Personal Data and Its Protection:

1. The Seller collects the Consumer’s personal data to the extent required by registration in the E-shop, through registration in the E-shop for the purpose of performing the agreement in which the Consumer acts as one of the contracting parties. In accordance with Section 10(3)(b) of Act No. 122/2013 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as amended (hereinafter “Act No. 122/2013 Coll.”), the processing of the Consumer’s personal data pursuant to the preceding sentence does not require the consent of the Consumer as the data subject.
2. If, during registration, the Consumer clicks the “consent to the processing of personal data” button, they thereby grant consent to the Seller pursuant to Section 11 of Act No. 122/2013 Coll. to process and store their personal data, to the extent provided during registration, for marketing purposes, i.e. in particular for sending information about new offers of the Seller’s Goods, discounts, benefits, etc. The Consumer grants consent to the processing of personal data to the Seller for an indefinite period, and the Consumer may withdraw it at any time in writing. The consent expires within 1 month from the Seller’s receipt of the Consumer’s withdrawal of consent. If the Consumer withdraws consent to the processing of personal data, their access to their account created in the E-shop will also expire within the period specified in the preceding sentence.
3. By clicking the “consent to the processing of personal data” button, the Consumer confirms that they have been informed of the voluntary nature of providing the requested personal data, as well as of their rights as a data subject under Act No. 122/2013 Coll. The Consumer confirms that, before giving consent to the processing of personal data, they were informed by the Seller in particular about:
4. the Seller’s identification details,
5. the purpose of processing personal data,
6. the scope of personal data being processed,
7. other information necessary for the Consumer to ensure their rights and legally protected interests, in particular that

• the Seller will provide the Consumer’s personal data to third parties in the event of an investigation of a crime, offense, or violation of other regulations (e.g. in the case of a violation of personal rights or intellectual property rights), in particular to law enforcement authorities, courts, district offices, etc.,
• the Seller will not disclose the Consumer’s personal data,
• the Seller has informed the Consumer of their rights as a data subject arising mainly from Section 28 of Act No. 122/2013 Coll.

4. The Consumer has the right, based on a written request, to require the Seller to provide:
5. confirmation of whether or not their personal data is being processed,
6. information, in generally understandable form, about the processing of personal data in the information system, and to be informed of the procedure for processing and evaluating operations,
7. accurate information, in generally understandable form, about the source from which the Seller obtained their personal data for processing,
8. a list, in generally understandable form, of their personal data that is subject to processing,
9. correction or liquidation of their incorrect, incomplete, or outdated personal data that is subject to processing,
10. liquidation of their personal data whose purpose of processing has ended,
11. liquidation of their personal data that is subject to processing if there has been a violation of the law,
12. blocking of their personal data due to withdrawal of consent before the expiry of its validity period, if the Seller processes personal data based on the consent of the data subject.
13. Based on a written request, the Consumer has the right to object with the Seller to:
14. the processing of their personal data which they believe is or will be processed for direct marketing purposes without their consent, and to request its liquidation,
15. the use of personal data in the scope of – title, first name, surname, and address – for direct marketing purposes by mail, or
16. the provision of personal data in the scope of – title, first name, surname, and address – for direct marketing purposes.

Article IX – Final Provisions:

1. Relations not governed by the Order and these Terms and Conditions shall be subject to the relevant provisions of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Away from the Seller’s Business Premises and on Amendments to Certain Acts, Act No. 250/2007 Coll. on Consumer Protection and on Amendment of the Slovak National Council Act No. 372/1990 Coll. on Offenses, as amended, Act No. 22/2004 Coll. on Electronic Commerce and on Amendments to Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll., and Act No. 40/1964 Coll., the Civil Code, as amended.
2. The consumer declares that they have familiarized themselves with these Terms and Conditions and undertake to comply with them.
3. These Terms and Conditions come into force and effect on September 1, 2018.