- The buyer and the seller agreed that the buyer is a natural person, obliged to inform the seller of his name and surname, address of residence, including postal code, telephone number and email address.
- The buyer agrees with the seller that if the buyer is a legal entity, he is obliged to inform the seller of his business name, address, including postal code, MB of the company, PIB number, telephone number and email address.
- The seller hereby notifies the buyer that, under Section 10 (3) b) of Act no. 122/2013 Z.z. on the protection of personal data as amended, the seller as an operator in the process of concluding a purchase contract will process the personal data of the buyer without his consent as the person concerned as the processing of the buyer’s personal data will be performed by the seller in pre-contractual relations with the buyer and processing of the buyer’s personal data is necessary for the fulfilment of a purchase contract in which the buyer acts as one of the parties.
- The buyer, by ticking the box before submitting the order, expresses his / her approval in accordance with the Section 11(1) of the Personal Data Protection Act, in order to process and store his personal data, in particular those mentioned above and / or which are necessary for the seller’s activities concerning the transmission of information on new products, discounts and shares on the goods offered and processed in all of its information systems concerning the transmission of information on new products, discounts and actions on the goods offered.
- The Buyer grants the Seller such time-limited approval to fulfil the purpose of processing the buyer’s personal data. Following the fulfilment of the purpose of the processing, the seller will immediately secure the liquidation of the buyer’s personal data. The buyer may withdraw the consent to the processing of personal data at any time in writing. Consent expires within 1 month of receipt of the revocation of consent by the buyer to the seller.
- The website operator wishjewelrybyyou.com undertakes that the data provided will only be used for the purpose of concluding and performing the contract on the basis of the business terms and conditions specified by the seller.
- The processed data will not be disclosed, made available, or provided to a third party, except for the carrier.
- The seller hereby notifies the purchaser that, in accordance with Section 15 (1) (e) points 3 and 4 of the Personal Data Protection Act for the processing of buyer’s personal data, it is assumed that the purchaser’s personal data will be provided and made available to the following third parties, of the beneficiaries:
Slovenská pošta, a.s., having the seat at Partizánska cesta 9, 975 99 Banská Bystrica, Identification No: 36631124, registered in the Commercial register of the Regional Court of Banská Bystrica, Department Sa, File No 803/S
- Buyer may require the Seller to process his or her personal data and provide:
9.1 the confirmation that his/her personal data are processed or not
9.2 the purpose of processing his or her personal data
9.3 in a generally understandable form of information on the processing of his or her personal data in the information system and on its status concerning:
- identification details of the seller and the seller’s representative, if appointed
- identification data of the intermediary; this does not apply if the seller does not proceed to obtain personal data under Section 8 of Personal Data Protection Act.
9.4 in a generally understandable form, accurate information concerning the source from which it obtained its personal data for processing
9.5 in a generally comprehensible form, counterpart his or her personal data that is being processed,
9.6 supplementary information that is necessary for the purchaser in view of all the circumstances and conditions of the processing of personal data in order to guarantee its rights and the rights of the protected interests:
- lessons learned of the willingness or obligation to provide the required personal data; if the seller acquires the buyer’s personal data under the consent of the purchaser under Section 11 of Personal Data Protection Act, he shall also notify him of the period of validity of the consent and if the buyer has the obligation to provide personal data resulting from a directly enforceable legally binding act of the European Union of the international treaty to which the Slovak Republic is bound, the seller notifies the purchaser of the legal basis which imposes this obligation and notifies the buyer of the consequences of the refusal to provide personal data,
- information about third parties, if this is foreseen or it is obvious that personal data will be provided to them
- circle of recipients where this is foreseen or is obvious that personal data will be made available to them,
- on the form of disclosure, if personal information is to be disclosed
- third countries, if it is foreseen or is evident that personal data will be transferred to these countries
9.7 correcting his or her incorrect, incomplete or outdated personal data that is being processed,
9.8 liquidation of his/her personal data, where the purpose of their processing has been met; where these are processed by official documents containing personal data, they may request their return,
9.9 the destruction of his or her personal data that is subject to processing, the violation of the Personal Data Protection Act or other applicable law of the Slovak Republic.
- The seller undertakes to treat and store the buyer’s personal data in accordance with the applicable Slovak legislation.
- The Seller declares that he/she will process personal data in accordance with good morals and will act in a manner that does not conflict with or violate the Personal Data Protection Act or other generally binding legal regulations. The seller declares that the consent of the person concerned will not be enforced or made conditional on the threat of refusal of the contractual relationship, service, goods or obligations established by the seller.
- The Buyer, upon a free written request, has the right to object to the Seller against:
- the processing of his or her personal data that is presumed to be or will be processed for direct marketing purposes without his consent and requesting their liquidation,
- the use of the personal data referred to in Section 10 Article 3 (d) for the purposes of direct marketing by post, or
- the provision of personal data specified in Section 10 par. Article 3 (d) for the purposes of direct marketing.
Payment conversion statement
“Please note that all payments will be effected in the Serbian currency – dinar (RSD). If the payment is done using foreign issuers payment cards, total amount of transaction will be converted into bank settlement currency, according to the current exchange rate of the Serbian National Bank. Once when transaction is settled the already converted amount will be converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.”
Data protection when paying
When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. At no time is the payment card information available to the merchant.
3D Secure protection for all merchants and customers – AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All merchants using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, guaranteeing customers the security of their purchases. Customer payment card numbers are not stored on the merchant’s system and the registration itself is protected by SSL data encryption.
PCI DSS Standards – AllSecure Payment Gateway is constantly complying with all the requirements of card organizations in order to increase the level of security of merchants and customers. From 2005 until today, without interruption, the system is certified as PCI-DSS Level 1, which is the highest standard in the industry. The PCI Data Security Standard (PCI-DSS) is a standard that defines the necessary security measures when processing, storing and transmitting sensitive card data. PCI Standards protect sensitive cardholder data during the entire payment process: from the moment of entering data at the merchant’s point of sale, during communications between the merchant and relevant banks and card organizations, as well as the subsequent storage of this data.
Enabled payment methods
Payment for products on our online store can be made in one of the following ways: payment cards – VISA, Maestro or MasterCard that support payment over the Internet. Card payments are made in cooperation with AllSecure doo and UniCredit and are done in a secure and certified way through the AllSecure Paymet Gateway, by simply entering the data from the payment card.
After entering the card data and confirming the payment, the bank authorizes the transaction and thus the order is approved and enters the further process of preparation for delivery. The amount will be reserved on your card (account) and will not be available for another purpose.
The transaction will be completed and the amount deducted from your account only when the products are prepared for transport and handed over to the courier service. In the event that payment is not completed, or the amount is not deducted from the account by the expiration of 14 days from the acceptance of your order, that order will be canceled and deleted. After the expiration of the 14-day period, the money reserved in your account will be released and will be available to you again. You can then repeat the same or a new order, and make a payment related to them.
Check with the card issuing bank to see if your card supports online payments.
Delivery, repair and return
WARRANTY AND LIABILITY FOR THE DEFECTS OF THE GOODS
- The buyer is obliged to check the condition of the package when he takes over the goods and, where this mechanical damage is found, he shall write a record of the damage with the carrier. The carrier is responsible for the damage arising from the carriage of the goods. On the basis of a written record of damages incurred during the transport, the buyer will be provided with new goods or a reasonable discount after the occurrence of the damage event.
- Claims of goods consisting of mechanical damage to goods which were not apparent when the consignment was taken over shall be applied immediately upon its detection, immediately after the first use of the product. Later claims of this kind will only be recognized if the buyer proves that the defects complained of occurred at the time of its receipt.
- Before the first use, the Buyer is required to study the warranty conditions, including instructions for the operation and use of the goods, and thoroughly manage this information.
- The warranty on goods does not apply to the normal wear and tear of the item (or parts thereof) caused by use. A shorter service life cannot be considered a fault and this fact cannot be claimed.
- Seller is not responsible for defects in goods:
- caused by mechanical damage to the goods,
- caused by normal wear, e.g. crazing,
- goods degraded due to non-compliance with the instructions for due diligence.
- When the claim is made, the goods shall be delivered in full.
- The goods guarantee is 24 months. The warranty begins with the moment of receipt of the goods by the buyer.
TRANSFER OF DANGER CONCERNING THE DAMAGE TO GOODS, OWNERSHIP RELATED TO GOODS
- Ownership of goods is transferred to the buyer at the moment of taking over the goods at the agreed place.
- A buyer who does not meet the consumer definition set out in Section 2 písm. a) of the Consumer Protection Act, he/she acquires the ownership of the goods only following the full payment of the entire purchase price for the goods.
- The risk of damage of the goods is transferred to the buyer at the time the buyer takes over delivery of the goods from the seller or from his agent charged with delivering the goods or when doing so in time when the seller allows the buyer to dispose of the goods and the buyer will not accept the goods.
WITHDRAWAL OF THE CONTRACT BY A BUYER WHO IS A CONSUMER
- A buyer who meets the definition of a consumer is entitled to withdraw from the purchase contract without giving any reason in accordance with Section 7 and following provisions of Act no. 102/2014 Coll. (hereinafter referred to as the “Consumer Protection Act for the Sale at a Distance”) within 14 days of the taking over of the goods where the Seller fulfilled the information obligations in due time and duly in accordance with the provisions of Section 3 of the Act on the Protection of Consumers in the Sale at a Distance. The consumer has the right within this time limit to unpack and test the goods in a manner similar to that normally used when buying in a classic “stone” shop to the extent necessary to ascertain the nature, characteristics and operation of the goods. The consumer is responsible for any reduction in the value of the goods. Do not try to start using the goods and return it to the seller after a few days.
- The buyer may withdraw from the purchase contract that is the purchase of the goods before the commencement of the withdrawal period.
- The buyer may not withdraw from the contract in the case of goods made according to the specific requirements of the buyer or goods specifically intended for one buyer or goods that cannot be returned due to their properties.
- The buyer is liable for a reduction in the value of the goods resulting from the treatment of goods beyond what is necessary to ascertain the characteristics and functionality of the goods.
- Goods shall be returned, including any gifts. Costs of goods’ shipping to the Seller are covered by the Buyer. We do not collect the consignments. Goods shall be returned in their original packaging, unused and undamaged, including accessories (original proof of purchase, warranty card (if included), instructions for use etc.
- The seller does not bear any liability for the loss or damage of the consignment.
- The seller shall return to the buyer, without undue delay, within 14 days of the date of delivery of the notice of withdrawal, all payments received by him or her in connection with the purchase contract, including the cost of transport, delivery and postage, and other costs and charges.
Order and refund
The seller will send a confirmation of the receipt of the buyer’s order by e-mail to the buyer’s email address given in the order.
- SUPPLY CONDITIONS AND TIME LIMITS
- Ordered goods are delivered through the company Slovenská pošta (general post services). The delivery time is usually 5-7 business days following the receipt of the order. The seller of the ordered goods will also attach the accounting documents – the invoice.
- Where the buyer buys goods for which a promotion is published, the price for these goods is valid until the stock is sold out.
- Where the buyer and seller do not agree otherwise in the purchase contract, the seller is obliged to deliver the ordered goods without undue delay, as soon as possible, but no later than within 30 days from the date of the purchase contract. Where the seller fails to fulfil his obligation to deliver the goods within 30 days following the purchase contract, the buyer will ask him / her to deliver the goods in a reasonable time indicated by the buyer. Where the seller does not deliver the goods within this additional reasonable period, the buyer has the right to withdraw from the purchase contract.
PAYMENT FOR GOODS, FEES FOR CHARGE
- PAYMENT WITH PAYMENT CARD VIA PAYPAL
Concerning ordered goods, the buyer may pay by credit card, for example, Visa Card, MasterCard Card.
- PAYMENT BY PAYPAL
Buyers can also pay via PayPal account the amount indicated in the order.
- FEES FOR DELIVERY
The delivery charge for all countries of the European Union, Great Britain and Switzerland is € 5.90.
In the case of ordering goods above 150 EUR, the delivery fee for EU is not charged, so the transport is FREE.
CLAIM OF GOODS
- The relevant provisions of the Civil Code as well as the Consumer Protection Act are applicable to the claim of goods.
- Claims shall be applied without undue delay.
- The Buyer is obliged to fill in the claim form, which he finds on our website and give his name and surname, address, tel. number, order number, date of receipt of the goods and description of the claimed defect of the goods. The buyer is obliged to send a copy of the invoice to the seller when he claims the goods.
- Returned goods properly wrapped shall be sent to the address:
WISH VITA s.r.o., having the seat at: Gusevova 26, 821 09 Bratislava – municipality Ružinov
NEVER send return items on a cashback.
- The seller decides on the claim of goods as a rule immediately, but not later than within 5 business days. In case where a complex assessment of the technical condition of the goods is required, the seller decides to claim the goods within 30 days of delivery to the seller. If he does not decide within this time limit, the buyer has the right to withdraw from the purchase contract or has the right to exchange goods for new goods.
- The seller is obliged to issue a written document about the equipment of the claim no later than 30 days following the date of the claim.
- The seller is required to reclaim and terminate the claim in one of the following ways, by:
- a) the exchange of goods;
- b) the repair of goods;
- c) returning the purchase price;
- d) paying a reasonable discount for the goods;
- e) the rejection of the claim, while the refusal of the claim shall be justified.
- The seller shall inform the Buyer of the claim equipment in writing.
- The seller is required to issue a receipt to the buyer.
- The seller is required to keep records of claims made in accordance with the relevant generally binding legal regulations.
- Where the buyer is not satisfied with the seller’s handling of his/her claim or if he/she believes that the seller has breached his rights, he/she is able to contact the seller for a remedy. If the seller answers or fails to respond to a request for redress within 30 days of the date of dispatch, the buyer has the right to make a proposal to open an alternative dispute resolution pursuant to Section 12 of Act no. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment of some laws.
- The relevant business entity for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, www.soi.sk or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available on http://www.mhsr.sk); the consumer has the right to choose which of those alternative dispute resolution entities to address. The consumer may use the on-line dispute resolution platform to make a proposal for an alternative dispute resolution available at http://ec.europa.eu/consumers/odr/.
In the case of a refund to a customer who has previously paid for one of the payment cards, in part or in full, and regardless of the reason for the refund, the refund is made exclusively through the same VISA, Maestro or MasterCard card used for payment. This means that our bank will, at our request, refund the funds to the cardholder’s account.