- General Provisions
- Concluding the Purchase Agreement
- Rights and Obligations of the Seller
- Rights and Obligations of the Buyer
- Delivery and Payment Terms
- Purchase Price
- Acquisition of Ownership and Passing of Liability for Damage
- Product Return Policy
- Personal Data and its Protection
- Withdrawal from the Purchase Agreement
- Online Dispute Resolution Platform
- Product Reviews
- Gift Vouchers (Certificates)
- Second Hand
- Competitions and Prizes
- Final Provisions
- Use of Website Materials
- Liability
1. General Provisions
1.1 The Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") contain the rights and obligations of both parties involved in a contract of sales, which is concluded between the Seller – Katkyn, s.r.o.; registered office at Račianska 88 B, 831 02 Bratislava Nové Mesto, Slovak Republic; Company ID: 54 684 790 , Tax ID: 2121813067, registered in the Business Register of the Bratislava I. District Court, Odd.: SRO, File no.: 163551/B (hereinafter referred to as the "Seller") and the Buyer – Consumer (hereinafter referred to as the "Buyer"), the subject of which is the purchase or sale of products through the Seller's e-shop.
These Terms and Conditions apply to the purchases made through the trendy-mama.com e-shop. They further specify the rights and obligations of both the Seller and the Buyer. As such, they are an inseparable part of the contract of sales concluded between the Seller and the Buyer.
Supervisory Authority
Slovak Trade Inspection (STI)
SOI Central Inspectorate
Prievozská 32, P.O. Box 5, 820 07 Bratislava 27
1.2 Within this part of the Terms and Conditions, the Buyer is referred to as the Consumer.
1.3 Within these Terms and Conditions, the Consumer is understood to be a natural person who, while concluding and enacting the contract of sales, does not do so on behalf of their business, employment or professional occupation. Legal persons refer to a special set of rights and obligations.
1.4 The Buyer – Consumer shall provide their name, surname, home address, telephone number, and e-mail address when filling out their order.
1.5 Both parties involved (Seller and Buyer – Consumer) agree that, by sending the order to the Seller, the Buyer confirms that they agree to these Terms and Conditions and that these Terms and Conditions apply to all contracts of sales concluded through any e-shop website operated by the Seller, through which the Seller shall deliver the products presented on the Seller's website to the Buyer (hereinafter referred to as the "purchase agreement") and to all relations between the Seller and the Buyer, arising in particular when the purchase agreement is concluded or during a product complaint claim.
1.6 The Terms and Conditions are an inseparable part of the purchase agreement. In the event that the Seller and Buyer conclude a written purchase agreement in which they agree to provisions that differ from the Terms and Conditions, the provisions of the purchase agreement shall be prioritized before the Terms and Conditions.
1.7 All contractual relations between the Seller and the Buyer are concluded in accordance with the law. If one of the contracting parties is the Consumer, under Article 52 (4) of Act no. 40/1964 Coll. of the Civil Code, as amended ("Civil Code"), the contractual relations which are not governed by the Terms and Conditions shall be governed by the Civil Code, Act no. 250/2007 Coll. on Consumer Protection, as amended ("Consumer Protection Act") and Act no. 102/2014 Coll. on Consumer Protection when Buying Products on the Basis of so-called Distance Contracts or Contracts Concluded off the Premises of the Seller, as amended ("Consumer Protection Law for Distance Contracts"). If one of the parties involved is an entrepreneur, the contractual relations which are not governed by the Terms and Conditions shall be governed by Act No. 513/1991 Coll. of the Commercial Code, as amended ("Commercial Code").
The Business Terms and Conditions respect the laws of the Slovak Republic, as amended, namely:
Act no. 108/2000 on Consumer Protection in door-to-door Sales and mail-order Sales
Act No. 22/2004 Coll. on Electronic Commerce
2. Concluding the Purchase Agreement
2.1 The Purchase Agreement is concluded by the Seller's binding acceptance of the Buyer's Purchase Agreement, in the form of an e-mail message sent to the Seller by the Buyer, and/or in the form of a completed and sent form filled out by the Buyer on the website of the Seller, and/or in the form of a telephone order from the Buyer to the Seller (hereinafter referred to as "the order").
2.2 The Seller's binding acceptance of the Buyer's order shall be an e-mail confirmation, sent to the Buyer by the Seller. The e-mail shall contain the acceptance of the order after the Seller has received the order from the Buyer, verified the availability of the goods, the valid prices, and the delivery date for the goods requested by the Buyer, marked as "order confirmation". If the price is found to be higher, the Seller is obligated to request the Buyer's agreement for the price change, according to the current price list, before confirming the order. The contractual relationship is deemed to be concluded after the Buyer's acceptance of the price change and the Seller's subsequent confirmation (acceptance) of the order. All prices for goods, services, and fees in the online store are shown including VAT. The automatically performed Notice of Acceptance of the Order from the Seller's electronic system, which the Buyer receives on their e-mail address immediately after sending their order, is not considered a binding acceptance of the order; this notice is only informative and serves to notify the Buyer that their order was received. Any additional information regarding the order will be sent to the Buyer's email address if necessary.
All received electronic orders are considered as a draft of a Purchase Agreement.
2.3 The binding acceptance of an order contains, in particular, information about the name and specification of the goods the sale of which is the subject of the Purchase Agreement; details about the price of the goods and/or other services; the date of delivery; the name and location where the goods shall be delivered; information about the price, the method and date of delivery of the goods to the agreed upon location for the Buyer; details about the Seller (business name, registered office, company ID, the company's file no. in the Business Register, etc.), or other information.
2.4 Within 2 hours of the delivery of the order to the Seller, the Buyer may deliver a notice to the Seller (by e-mail or by phone) informing that they are canceling the order. The Buyer is obligated to include the number of the order, name, telephone number, e-mail, and the code of the ordered goods. If the order is canceled, the Seller shall not charge the Buyer with any cancellation fees. In the event that the Buyer has paid the Seller the purchase price or part of the purchase price before the cancellation of the order, the Seller shall return the purchase price or part of the purchase price within 14 days of the cancellation of the order by transferring the sum to the Buyer's bank account, unless the parties involved agree on a different way of refunding the purchase price.
2.5 According to the amendment to Act no. 222/2004 Coll. on Value Added Tax, the data in tax documents (invoices) that were already issued may not be changed as of 1.1. 2013. The tax document (invoice) data can only be changed if the customer has not yet accepted the goods or paid for the goods.
2.6 In the case of ongoing discounts, the sale of the goods on the Seller's website is managed by the binding terms of the relevant discount, in addition to these Terms and Conditions. In the event that the Buyer orders goods in violation of the terms of the relevant discount, the Seller is entitled to cancel the Buyer's order. The customer shall be informed of the cancellation of the order by e-mail and, in the
2.7 By sending the order, the Buyer confirms that they have become familiar with these Terms and Conditions, including the Product Return Policy, and agrees with them. Furthermore, by sending an order, the Buyer acknowledges that the order is linked with an obligation to pay. The Buyer is reminded of these Terms and Conditions and the Product Return Policy prior to making the order. The Buyer should not be charged any extra cost for using remote means of communication in connection with the conclusion of the Purchase Agreement and the Buyer shall have no objections to their use.
3. Rights and Obligations of the Seller
3.1 The Seller is obligated to:
- deliver the goods to the Seller in the agreed upon quantity, quality, and time of delivery, according to the confirmed order,
- prepare the goods for transportation in a manner necessary to preserve and protect the goods,
- ensure that the goods are delivered undamaged and comply with applicable legislation i.e. deliver all of the documents to the Buyer which are required to receive and use the product, as well as other documents prescribed by the applicable legislation (instructions in the official language, tax document). The document shall be delivered at the latest with the goods in printed form or by e-mail.
3.2 The Seller has the right to a proper and timely payment of the purchase price of the delivered product from the Buyer.
3.3 The Seller has the right to cancel the order if they are unable to deliver the goods to the Buyer within the time specified by these Terms and Conditions or for the price specified in the e-shop, due to the goods being unavailable or sold-out, if the Seller and the buyer do not agree on a substitute. The Customer shall be informed about the cancellation of the order by telephone or by e-mail. If the Customer already paid the purchase price or part of the purchase price, the amount shall be refunded within 14 days to the designated bank account, unless otherwise agreed upon with the Seller.
3.4 Katkyn, s.r.o. reserves the right to verify the identity of the Buyer or the person authorized to receive the goods when receiving the goods in person in the store of the Seller, specifically in cases where the goods have been paid in advance by card, bank transfer or through a due invoice.
4. Rights and Obligations of the Buyer
4.1 The Buyer is obligated to:
- receive the purchased or ordered goods,
- pay the Seller the agreed upon purchase price within the agreed upon period, including the delivery fees,
- not damage the Seller's good business name,
- confirm that they have received the goods by signing the delivery note (or a transport document). If another person is appointed by the Buyer to receive the goods, the receiving person shall sign the delivery note.
4.2 The Buyer has the right to have the goods delivered in the quantity, quality, time, and place agreed upon by the parties during the binding acceptance of the order.
5. Delivery and Payment Terms
5.1 All merchandise is sold according to the models, catalogs, data lists, and sample lists displayed on the Seller's website.
5.2 The Seller is required to complete the Buyer's order and deliver the goods to the Buyer within 30 days of receiving the Buyer's order; this delivery period is accepted by the Buyer without reservation. However, we usually ship the goods immediately or within 2 business days. The delivery of goods takes place via a courier company during business days. The Buyer shall be informed by e-mail about the exact day of the shipment and delivery.
5.3 The Buyer is obligated to receive the goods at the place which is stated in the Seller's acceptance of the Buyer's order. If the Buyer does not receive the goods within five business days after the expiry of the term specified in the purchase agreement, without prior withdrawal from the contract, the Seller shall become entitled to claim compensation for damages of a minimum of € 5.50 or a maximum of the actual costs of the unsuccessful attempts to deliver the ordered goods. Upon expiration of five business days from the date when the Buyer was required to receive the goods, the Seller is entitled to withdraw from the purchase agreement and sell the goods to a third party.
5.4 The Seller is entitled to ask the Buyer to receive the goods before the expiry of the period agreed upon in the purchase agreement.
5.5 The weight, size, color, pattern, and other details of the merchandise contained in the catalogs and other sales documents of the Seller may differ by around 10% of the stated value.
5.6 The place of delivery of the goods is the place specified in the Seller's acceptance of the Buyer's order unless the parties agree otherwise in the purchase agreement. The delivery of the goods is completed by handing the goods over to the Buyer in person or by handing it over to a third party which provides transportation.
5.7 If the Seller transports the goods to the Buyer at the place specified by the Buyer in the purchase agreement, the Buyer is obligated to receive the goods in person or to ensure that the goods are received by a person asked to do so if the Buyer is absent and to sign the delivery protocol. The third person authorized to receive the goods specified in the purchase agreement is obligated to present to the Seller the original or a copy of the purchase agreement, proof of payment for the goods, and written authorization. If it is necessary to repeat the delivery due to the Buyer's absence at the place specified in the purchase agreement, all costs incurred are paid by the Buyer, in particular in the case of repeated delivery of the goods to the place specified in the purchase agreement. Goods are deemed to have been received under point 10.2 of these Terms and Conditions.
5.8 The Buyer is obligated to check the received goods (the purchased merchandise), as well as its packaging, immediately upon its delivery. In the event that the Buyer discovers that the goods or the packaging of the goods are mechanically damaged, they are obligated to immediately notify the carrier and check the condition of the goods in his presence. If the goods are found to be damaged upon delivery, the Buyer is obligated to write a record of the extent and nature of the damage to the goods (damage record), the accuracy of which shall be confirmed by the carrier. On the basis of such a written damage record delivered to the Seller, the Seller may provide the removal of the defect, a refund or, in the case of unavoidable defects, deliver new goods to the Buyer.
5.9 Upon receiving a shipment via shipping company (courier), in the event of damage to the goods, damage to the packaging, and damage where goods are missing, we recommend that the Buyer does not receive the goods or try and resolve the problem directly with the shipping company's employee (or the employee of the post office). In the case of receiving a shipment with damage to the goods, damage to the packaging, and damage where goods are missing, we request that the Buyer report this event no later than 24hrs from the delivery of the shipment by the shipping company. In order to write a damage report, it is necessary to provide the damaged product, the packaging of the shipment, a receipt for receiving the shipment, and an invoice is required. You can find the nearest branch of the shipping company here: www.geis.sk. You can inform us by e-mail at info@trendy-mama.com about the registration and writing of the damage record at any branch office of the shipping company.
5.10 Complaints of mechanical damage to the product which was not apparent when the product was received must be applied immediately after receiving the shipment, no later than within 24 hours of receiving the shipment. It is the duty of the Buyer to prove that the mechanical damage was not possible to spot even with a thorough examination of the shipment and its packaging according to Article 5.8. The Buyer will be able to claim the damages from the defects that were discovered later only if the Buyer proves that the defects were present at the time of receiving the shipment from the carrier. Prior to the first use of the product, the Buyer is required to review the warranty conditions, including the operating instructions, and then follow these instructions thoroughly.
5.11 The Buyer is required to check the completeness of the packing when receiving the shipment (both in person and not in person). If the product is delivered by courier, the Buyer must write a damage report about the incompleteness of the package on the spot on the delivery. In the case of receiving the shipment in person, the Buyer is required to check the contents of the shipment immediately. Additional claims will not be accepted.
5.12 The Buyer is entitled to withdraw from the purchase agreement if the goods were not delivered by the Seller within the time specified under 5.3 of the Terms and Conditions and the Seller is obligated to return the part of the purchase price already paid, under Article 10.8 of these Terms and Conditions.
5.13 The Buyer receives an invoice together with each shipment in the same package as the ordered goods. The invoice also serves as a warranty card, so it must be kept for further use.
5.14 Payment methods:
- cash when receiving the shipment in our store in person,
- online payment,
- cash on delivery,
- payment by bank transfer.
5.15 Payment in advance by bank transfer. If you choose to pay by conventional bank transfer, we will automatically send you payment instructions to your e-mail address. If you do not receive an
5.16 Online payment by credit card. When paying online by credit card, the order is paid through the GoPay payment gateway when the transaction is completed. Once the payment is credited to our account, you will receive an e-mail containing information about the shipment of your order or about other changes. This operation is carried out by our automated system on the same day.
5.17 The Seller is not responsible for a delayed delivery caused by the shipping company or by an incorrect delivery address.
5.18 Undelivered shipments – shipments not received by Buyers are considered to be a breach of the Terms and Conditions.
5.19 If the Buyer requests the re-sending of a shipment which they have not received, they will be charged with additional shipping costs in the amount equal to the applicable postage charges specified in the Terms and Conditions.
5.20 Undelivered shipments shall be re-sent on a prepayment basis (bank transfer). A new PDF invoice, payable within 5 days, will be sent to the Buyer by e-mail.
5.21 If the Buyer fails to pay the invoice within the required time, the order will be canceled by the system. The Buyer will be informed about the cancellation of the order by e-mail.
5.22 Any further orders by the Buyer through the store's electronic system shall be made only by means of prepayment or by a mutual agreement between the Buyer and the Seller.
6. Purchase Price
6.1 The Buyer is obligated to pay the Seller the price of the goods which has been agreed upon in the purchase agreement and/or according to the Seller's price list that was valid at the time of conclusion of the purchase agreement, including the delivery cost of the goods (hereinafter referred to as the "purchase price"). The payment shall be made by cash payment at the Seller's store; cash on delivery at the place of delivery by courier; by online bank transfer to the Seller's account specified in the binding acceptance of the order.
6.2 If the Buyer pays the purchase price by bank transfer, the day of payment is considered to be the day when the entire purchase price is credited to the Seller's account.
6.3 The Buyer is obligated to pay the Seller the purchase price for the agreed goods within the term specified in the purchase agreement, but at the latest when the goods are delivered.
6.4 If the Buyer pays the Seller the purchase price for the goods agreed upon in the purchase agreement, the Buyer is entitled to withdraw from the purchase agreement and demand the return of the purchase price only in accordance with the applicable legal regulations.
6.5 The costs associated with the assembly and delivery of goods are not included in the purchase price of the goods and the Seller is not obligated to provide these services to the Buyer.
6.6 The assembly of the product or putting the product into operation is not part of the process of delivery and the Buyer declares that they are familiar with the method of putting the product into operation.
6.7 All discounts are valid until the stock is sold out unless stated otherwise for a specific product.
6.8 In the event that the purchased goods are paid for by gift certificates or the combination of gift certificates and money and the goods are then returned, a claim is filed, or one of the parties has withdrawn from the purchase agreement, the Seller shall return the purchase price to the Buyer in the same way it was originally paid for by the Buyer. However, the value of the gift certificates returned to the Buyer cannot be higher than the value of the gift certificates originally paid by the Buyer upon purchasing the goods. If returning the gift certificates is not possible for objective reasons, especially if the Seller does not have gift certificates of the required amount, the Seller shall provide a cash refund.
6.9 The Seller reserves the right to cancel the draft of the order and the purchase agreement and the Buyer acknowledges that there may be cases when the agreement between the Seller and the Buyer is not concluded, especially if the Buyer orders goods for a price published by mistake due to a technical error of the internal Information system of the Seller. In this case, the Seller shall inform the Buyer this fact.
In the event that the price on the www.trendy-mama.com website is obviously wrong, for example, if the goods are commonly available and widely known and their price differs from the usual price or, due to a system error, the price of "€ 0" or "€ 1" is displayed, the Seller is not obligated to deliver the goods at the wrong price, but he can offer to deliver the goods to the Buyer at the correct price.
6.10 The Seller reserves the right to change the prices in the event of a change in legislation, a change in exchange rates, a significant increase in inflation and a change in prices by producers or suppliers of the products. In this case, the Buyer has the right to withdraw from the contract.
7. Acquisition of Ownership and Passing of Liability for Damage
7.1 The Buyer acquires ownership of the goods only when they pay the purchase price to the Seller in full.
7.2 The liability for damage to the goods transfers over to the Buyer when they receive the goods from the Seller or if they do not do so in a timely manner, during the time the Seller allows them to use the goods and the Buyer does not receive the goods.
7.3 The props which are displayed on the website of the Seller's e-shop (balls, toys, balloons, flowers, teddy bears, plush toys, etc.) which are placed and photographed together with the product for sale are not sold or shipped together with the product unless specifically stated in the name of the product (e.g. T-ball + wallet,stroller with doll, etc.). The Buyer shall not demand that these items are sold together with the bought product.
8. Product Return Policy (Liability for Damage, Warranty, Product Complaints)
8.1 The Seller is liable for any defects or faults of the product and the Buyer is obligated to file a defect complaint with the Seller immediately, in accordance with the valid Product Return Policy.
8.2 Complaint claims shall be handled according to the valid Product Return Policy posted on the www.trendy-mama.com website. By submitting a binding order to the Seller, the Buyer confirms that they have read, familiarized themselves and completely agreed with the Product Return Policy. The Buyer also confirms that they have been informed about the terms and manner of filing a defect complaint claim, including the details of where the complaint can be applied, as well as information about warranty and repairs, in accordance with Article 18 (1) of Act no. 250/2007 Coll. on Consumer Protection and on the Amending Act of the Slovak National Council no. 372/1990 Coll. on Offenses, as amended (hereinafter referred to as the "Act").
8.3 The Product Return Policy applies to the goods purchased by the Buyer from the Seller in the form of an e-commerce transaction through the Seller's website.
8.4 The Product Return Policy is valid for all business cases unless other warranty terms are negotiated.
8.5 The Buyer has the right to claim a warranty only if the purchased product displays defects or faults that have been caused by the manufacturer, supplier or Seller, is covered by the warranty and was purchased from the Seller.
8.6 The buyer is obligated to check the completeness and flawless condition of the product immediately upon receiving the product. In the case of defects or faults, the Buyer is obligated to notify the Seller of the irregularities through the complaint form on our website within 24 hours of receiving the product. If the Buyer fails to do so within 24 hours, they may file a complaint only if they prove that the defects occurred before they have received the product. In this case, relevant evidence of damage is the "damage record" from the shipping company, otherwise, the complaint will not be recognized due to incompleteness or damage to the product.
8.7 During the warranty period, the Buyer is entitled to a free removal of the defect after returning the product including accessories, documentation, and instructions to the authorized representative of the Seller together with the warranty card and proof of payment. The 30-day period for complaint handling shall begin after all the necessary documents to assess the complaint have been delivered to the Seller.
8.8 If the product displays defects, the Buyer has the right to file a complaint in the Seller's store, in accordance with Article 18 (2) of the Act. After an agreement with the Seller, the Buyer shall deliver the product to Katkyn, s.r.o., Areál Istrochem, Vajnorská 127/C, 831 04 Bratislava, Slovakia, fill out a complaint form, and deliver it to the Seller. The shape of the complaint form shall be determined by the Seller and a model of the form shall be displayed on the Seller's website. The Buyer is obligated to precisely indicate the kind and the extent of the defect on the form, together with photo documentation on the extent of the damage or with a short video. The Buyer also has the right to file a complaint with the person authorized by the manufacturer of the product to perform warranty repairs (hereinafter referred to as the "Designated Person"). The list of designated persons is included in the warranty card or is sent to the Buyer at the request of the Seller. The complaint proceedings shall begin on the day that all of the following conditions are met:
- the filled-out complaint form is delivered by the Buyer to the Seller,
- the Seller shall assess whether the complaint is valid and then inform the Buyer about the way in which the complaint shall be resolved,
- if the complaint is valid, the Seller shall deliver a new and undamaged part of the product to the Buyer (or a new product) via shipping company,
- if necessary, the Seller shall agree with the Buyer to deliver the product (which is the subject of the complaint) from the Buyer to the Seller,
- the Buyer shall not send the product to the Seller without prior notice to do so.
The Seller recommends that the Buyer sends the product as a package with shipping insurance. The Seller shall not accept products that were sent as a cash on delivery shipment or sent to any address other than that stated in point 8.8.
The product which is the subject of the complaint claim must be returned in the original packaging or in a suitable shipping packaging which shall keep the product from becoming damaged (including all accessories). The package must also be marked with the appropriate symbols, as the Seller is not liable for any mechanical damage to the product before the product is accepted.
The claim period begins on the date of accepting the claim by the Seller. The returned product does not need to be delivered to the Seller's store unless the Seller (or designated person) specifies otherwise. In the case of any questions, please contact Katkyn, s.r.o. on the phone number 00 421 944 627 725 or by e-mail to info@trendy-mama.com.
8.9 The Seller is obligated to accept a complaint claim at the store where the claim may be accepted, in accordance with Article 18 (2) of the Act.
8.10 The Seller is obligated to ensure the presence of a person charged to handle complaints at the place designated under point 8.9 of these Terms and Conditions, in accordance with Article 18 (3) of the Act.
8.11 The Buyer is obligated to file a complaint about the product's defects without undue delay, otherwise, the Seller has the right to refuse to remove the defect free of charge.
8.12 The Seller (or the designated person) shall issue a confirmation of the claim to the Buyer in an appropriate form chosen by the Seller, for example in the form of an e-mail or in a written form, in which they are obligated to accurately identify the defects of the product, in accordance with Article 18 (5) of the Act, and to inform the Buyer of their rights under Article 622 and Article 623 of the Civil Code. If a complaint is applied by means of remote communication, the Seller must deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay but, at the latest, together with a confirmation that the complaint was resolved; the confirmation of the claim does not need to be delivered if the Buyer has the ability to prove the claim in another way.
8.13 Based on of the Buyer's rights under Article 622 and Article 623 of the Civil Code, the Seller (or designated person) is obligated to immediately decide the way the complaint is resolved. In complex cases, the Seller shall decide within 3 working days from the beginning of the complaint procedure. In justified cases, especially if a complex technical evaluation of the product's condition, the Seller shall decide no later than 30 days from the beginning of the complaint procedure. After determining the way the complaint is resolved, the Seller (or designated person) will resolve the complaint immediately. In justified cases, the complaint may be resolved later, however, it may not be longer than 30 days from the date of when the complaint has been filed. Upon expiry of this period, the Buyer has the right to withdraw from the contract or has the right to exchange the product for a new product. The Seller shall notify the Buyer about the resolution of the claim procedure and about its result in the form agreed upon by both parties (by e-mail or by registered mail), and the Buyer shall receive a claim report (delivery note) together with the product. If the Buyer files the claim within 12 months of purchasing the product, the Seller may refuse the claim only on the basis of an expert's review or a review issued by an authorized or accredited person or the review of a designated person (hereinafter referred to as "expert review"). Regardless of the outcome of the expert review, the Seller may not require the Buyer to cover the costs of expert review or other costs related to the expert review of the product.
If the Buyer filed the claim after 12 months of purchasing the product and the Seller refused the claim, the person who handled the claim is obligated to inform the Buyer, in the claim report, where they can send the product for expert review. If the Buyer sends the product for expert review to the designated person listed in the claim report, the costs of the expert review of the product, as well as all other related expenses incurred shall be paid by the Buyer, regardless of the outcome of the expert review. If by expert review, the Buyer proves the Seller's liability for the defect of the product, the Buyer may file the claim again; the warranty period does not expire during the expert review of the product. The Seller is obligated to pay the Buyer all of the costs of the expert review of the product, as well as all other related expenses within 14 days of the resubmission of the claim. The resubmitted claim may not be denied.
8.14 The Buyer has no right to claim a warranty for defects they have been notified about by the Seller at the time of the conclusion of the purchase agreement or which the Buyer must have been aware of, having regarded the circumstances under which the purchase agreement was concluded.
The Product Return Policy does not apply to gifts received with purchased products.
8.15 Instead of removing the defect, the Seller may replace the defective product for a product without the defect if this does not cause the Buyer serious difficulties.
8.16 The Buyer's right to claim a warranty repair from the Seller expires if:
- the Buyer has not provided the warranty card, product accessories or the documentation of the product,
- the Buyer does not report obvious defects within 24 hours of receiving the product,
- the warranty period of the product expires,
- the product is mechanically damaged by the Buyer,
- the product is used in in conditions that do not match the humidity and the chemical and mechanical effects of a natural environment,
- the product is subject to improper handling and use or the neglect of the care for the product,
- the product is damaged by excessive loading or usage different than the conditions stated in the product's documentation,
- it is in accordance with the general principles, technical standards or safety regulations in force in the EU,
- the product is damaged by irreversible and/or unpredictable events,
- the product is damaged by accident or by accidental deterioration,
- the product is damaged by inexpert interference; damaged during transport; damaged by water, fire, static or atmospheric electricity, or other damage caused by vis major,
- the product is tampered with by an unauthorized person,
- the product uses an accumulator (or batteries) to operate, then the normal wear of the accumulator (or batteries) is not considered to be a defect because it is the nature of such products to deteriorate with normal use.
8.17 The warranty does not apply to defects caused by the natural wear of the product through its daily use. The shorter lifetime of a product cannot be considered a defect and so it may not be the subject of a warranty claim.
8.18 If the purchased product does not conform with the purchase agreement while the Buyer receives the product (so-called inconsistency with the purchase agreement), the Buyer has the right to have the Seller rectify the product without undue delay and bring it into a condition that corresponds with the purchase agreement, according to the Buyer's requirements either by exchanging the product or by repairing it. If such a procedure is not possible, the Buyer may request an appropriate discount from the price of the product or may withdraw from the purchase agreement.
This is not the case if the Buyer, prior to receiving the product, knew about the inconsistency with the purchase agreement or caused the inconsistency himself. An inconsistency with the purchase agreement that occurs within six months of the date when the Buyer received the product, shall be treated as an inconsistency existing when the product was received, unless it is impossible due to the nature of the product or if the contrary is not proven. In the event of an inconsistency between the product and the purchase agreement, the Buyer is entitled to a rectification of the inconsistency, namely:
- free repair of the product so that it is consistent with the purchase agreement,
- an appropriate discount from the purchase price,
- receiving a replacement product,
- withdrawal from the contract.
8.19 The Seller is required to process a complaint claim and resolve the claim in one of the following ways:
- delivering the repaired product,
- delivering a new replacement part,
- exchanging the product,
- returning the purchase price of the product,
- refunding the appropriate discount from the purchase price of the product,
- written request to the Buyer to accept the Seller's resolution of the claim,
- refusal of the claim, if such an action is justified.
8.20 The Seller is obligated to inform the Buyer about the way his claim is handled and about the resolution of the claim within 30-days of accepting the complaint by registered mail, courier, or by e-mail.
8.21 The warranty period is 24 months (unless a different warranty period is set for specific cases) and begins to run from the date when the Buyer received the product.
8.22 The warranty period is extended by the time the product was being repaired and, thus, the Buyer was unable to use it.
8.23 In the case of replacing the product, the Buyer shall receive a document that confirms the replaced product and any other possible claims shall be handled based on the original delivery note and this document confirming the replaced product. In the case of a replaced product, the warranty period shall be renewed again from the date of receiving the new product, but it only applies to the new product.
8.24 At first, the Buyer may request a free repair or the free additional shipment of the product from the Seller. The Buyer only has the right to have the product exchanged if it is absolutely necessary due to the nature of the product's defect. Whether or not an exchange of the product is required shall be decided by an authorized service center in the form of a written assessment of the defect. Based on this decision, the claim shall be handled further according to the law.
8.25 All warranty repairs are free of charge if the warranty period has not run out by the time the claim was filed, under 8.16 of these Terms and Conditions.
8.26 If the defect on the product is removable, the claim will be resolved depending on the Buyer's decision, in accordance with point 8.13 of these Terms and Conditions, as follows:
- the Seller shall ensure the removal of the defect or
- the Seller shall replace the faulty product.
8.27 If the defect on the product is not removable, is a recurring defect or consists of multiple smaller removable defects that prevent the product from being used properly, the Seller shall resolve the claim depending on the Buyer's decision, in accordance with point 8.13 of these Terms and Conditions, as follows:
- exchanging the product for another functional product of equal or better technical parameters or
- if the Seller is unable to perform an exchange of the product, he shall resolve the claim by issuing a credit note for the faulty product.
8.28 The complaint claim only applies to the defects listed in the claim form.
8.29 For claim purposes, a recurring defect is a removable defect that appears more than twice.
8.30 For claim purposes, multiple smaller removable defects are understood as an occurrence of more than three small removable defects at the same time.
8.31 For claim purposes, the period starting at the point of the conclusion of the purchase agreement during which the Buyer cannot properly use the product due to defects, is considered to be a period of more than 180 days.
8.32 After the Buyer has requested the Seller to remove a defect from the product in accordance with clause 8.8 of these Terms and Conditions, the Buyer's right to file a claim for the same unique defect (not defects of the same kind) is exhausted, regardless of the result of the original claim and he is unable to apply such a claim repeatedly.
8.33 If the Seller resolves or terminates the claim procedure as a justified refusal of the claim, but the defect is objectively present on the product and has not been removed, the Buyer may exercise his right to remove the defect through the court system.
8.34 The complaint form is available here.
8.35 Warnings Relating to the Claim Procedure:
If the Buyer returns the delivered product without the original packaging or replacement packaging, Katkyn, s.r.o. shall not be held responsible for any damage to the product during transportation to the service center.
8.36 If the Buyer (Consumer) was not satisfied with the Seller's resolution of the claim; or if the Buyer (Consumer) contacted the Seller with a request for repair and was dissatisfied with the Seller's handling of his claim; or if the Buyer thinks that the Seller has violated his rights, the Buyer (Consumer) has the right to contact the Seller with a request for redress. If the seller refuses the redress or fails to respond to such a request within 30 days, the Buyer (Consumer) has the right to make a proposal to the relevant Alternative Dispute Resolution (ADR) organization to launch an alternative dispute settlement. The ADR organization for Slovakia is Slovenská obchodná inšpekcia, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27 or other relevant legal entities registered in the list of ADR organizations which is maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk). The Buyer (Consumer) is entitled to choose the ADR organization they wish to contact.
8.37 In the case of an unjustified claim, the Buyer is not entitled to reimbursement of the costs associated with the claim procedure and, at the same time, the Seller is not entitled to reimbursement of the costs incurred on his part (unless the Buyer has, for example, repeated a gratuitous claim that can be reasonably seen as an abuse of consumer rights). If the claim is decided to be unjustified, the product shall be sent back to the Buyer at the Buyer's expense.
8.38 A financial refund other than by bank transfer is possible only after the previous mutual agreement of both parties. Refund by means of a postal voucher is impossible due to technical reasons. The financial transfer is only possible by bank transfer.
8.39. In the case of doubt, the parties agree that the period of use of the product starts upon the delivery of the product to the Buyer (including the delivery date).
8.40. Only the person listed on the invoice and the order is eligible to file a complaint claim.
9. Personal Data and its Protection
9.1 Both parties (Buyer and Seller) have agreed that if the Buyer is a natural person, they shall provide the Seller with their name and surname, permanent address including the postal code, personal identification number, telephone number, e-mail address, bank account number, and monthly income amount (in the case of a request for a consumer loan). In the event that the Seller is also processing other personal data from the Buyer, they shall only do so to the extent necessary to fulfill their obligations arising from the purchase agreement. The Buyer provides their personal data to the Seller willingly for the purpose of fulfilling his obligations under the purchase agreement and for the purpose of further communication with the Buyer. Without providing this data to the Seller, the Seller is unable to properly fulfill their obligations arising from the purchase agreement and, therefore, will be unable to conclude the purchase agreement with the Buyer. The purpose of processing this personal data is to issue a tax document, preliminary business relationships, Buyer identification, order confirmation by telephone or e-mail, delivery of the ordered product, customer loyalty program management, implementation of marketing activities, and informing about news and discounts.
9.2 The Seller processes the personal data of the persons involved in order to ensure loyalty programs and for marketing purposes, with the consent of the person involved, in accordance with Article 11 of Act no. 122/2013 Coll. on the Protection of Personal Data, as amended by later legislation. The person involved expresses their consent to the processing of personal data when ordering a product through the www.trendy-mama.com e-shop, or by any other appropriate means, or when requesting the issuance of a customer card.
9.3 The Seller hereby informs the Buyer that, in accordance with Article 10 (3b) of Act no. 122/2013 Coll. on the Protection of Personal Data, as amended by later legislation, the Seller as the Operator in the process of concluding a purchase agreement, shall process the personal data of the Buyer without their consent as a person involved, as the Seller (Operator) shall process the Buyer's personal data in pre-contractual relations with the Buyer and the processing of the Buyer's personal data is absolutely necessary to fulfill the purchase agreement, in which the Buyer acts as one of the parties concerned.
The Buyer may tick the appropriate box before submitting their order to express their consent, in accordance with Article 11 (1) of the Act on the Protection of Personal Data, for the Seller to process and store their personal data, in particular the data mentioned above and/or the data which is necessary for the Seller's activities concerning the sending of information about new products and discounts on specific products, and consent for the Seller to process the Buyer's personal data in his information systems in order to send information about new products and discounts on specific products. The Buyer grants the Seller their permission for a limited time, which is the time necessary to fulfill the purpose of processing the Buyer's personal data. After fulfilling the purpose of processing the Buyer's personal data, the Seller shall immediately secure the disposal of the data. The Buyer may withdraw consent to the processing of their personal data at any time, in writing. The consent shall expire within 1 month of the Seller receiving the withdrawal of consent in written form from the Buyer.
9.4 The Buyer has the right and the possibility to update personal data directly online on the website of the online store, in the customer's section, immediately after signing in.
9.5 The Seller declares that, in accordance with Article 6 (2c) of the Act on the Protection of Personal Data, personal data shall be collected solely for the purposes specified in points 9.1, 9.2 and 9.3 of these Terms and Conditions.
9.6 The Seller declares that, in accordance with Article 6 (2e) of the Act on the Protection of Personal Data, he shall ensure that personal data is processed and used exclusively in a manner consistent with the purpose for which they were collected.
9.7 The Seller declares that, in accordance with Article 6 (2e) of the Act on the Protection of Personal Data, he shall process personal data in accordance with good morals and shall act in a manner that does not conflict with or violate the Act on the Protection of Personal Data or other generally binding legal regulations.
9.8 The Buyer may ask the Seller, via written request, for:
- confirmation of whether or not personal data about them are being processed,
- information on the processing of their personal data in the information system provided in a generally understandable form,
- the identification details of the Seller and the Seller's representative, if appointed,
- the identification details of the intermediary; this does not apply if the Seller does not proceed to obtain personal data in accordance with Article 8 of the Act on the Protection of Personal Data,
- the purpose of processing personal data,
- the list of personal data or the scope of personal data, in accordance with Article 10 (4, first sentence) of the Act on the Protection of Personal Data,
- accurate information about the source from which the Seller obtained their personal data for processing, provided in a generally understandable form,
- a list of the personal data which is subject to being processed by the Seller provided in a generally understandable form,
- correction or disposal of any incorrect, incomplete or out-of-date personal data that is being processed,
- disposal of their personal data, if that personal data has lost the purpose for which it was being processed; if any official documents containing personal data are being processed, the Buyer may request them to be returned,
- disposal of the personal data that is being processed, if the law has been violated,
- blocking of their personal data for the purpose of revocation of consent prior to the expiration of the content's validity, if the Seller is processing personal data based on the Buyer's consent,
- in view of all the circumstances and conditions of the processing of personal data, any additional information which is necessary to the Buyer in order to ensure their rights and their interests protected by law, in particular:
- a notification about the voluntariness or the obligation to provide the required personal data; if the Seller acquires the Buyer's personal data based on the Buyer's consent, in accordance with Article 11 of the Act on the Protection of Personal Data, the Seller shall also notify the Buyer about the time of validity of this consent and, if the Buyer has the obligation to provide personal data resulting from a directly enforceable legally binding Act of the European Union, an international agreement binding to the Slovak Republic, the Seller shall notify the Buyer of the legal basis which imposes this obligation onto the Buyer and shall also inform the Buyer of the consequences that come from the refusal to provide personal data,
- third parties, if it is presumed or obvious that personal data shall be provided to these parties,
- the range of recipients, if it is presumed or obvious that personal data shall be made available to these recipients,
- the form of disclosure, if personal data are to be disclosed,
- third countries, if it is presumed or obvious that personal data shall be transferred to these countries,
- when issuing a decision under paragraph 9.12 of these Terms and Conditions, the Buyer is entitled to familiarize themselves with the processing and evaluating operations.
9.9 The Buyer's right, under 9.8 (5 and 6) of these Terms and Conditions, may be limited only if such a restriction results from a special law or if its application would violate the protection of the Buyer or violate the rights and freedoms of other persons.
9.10 The Buyer has the right to object, via a free written request, against:
- the processing of their personal data, which the Buyer assumes shall be processed for direct marketing purposes without their consent, and request their disposal,
- the use of a title, name, surname, and address of the Buyer for the purposes of direct mail marketing, or,
- providing the title, name, surname, and address of the Buyer for the purposes of direct marketing.
9.11 If the matter cannot wait, the Buyer has the right to object, via written request or personally, against the processing of personal data in cases that fall under Article 10 (3a), e), f) or g) of the Act on the Protection of Personal Data by stating valid reasons or by submitting evidence of unauthorized interference with their rights and the rights of protected interests that are or may be damaged by such processing of personal data; if there are no legal grounds that would prevent it and it is proved that the Buyer's objection is legitimate, the Seller is obligated to block and destroy the personal data which were subject of the Buyer's objection immediately and as soon as circumstances allow.
9.12 If the matter cannot wait, the Buyer also has the right to object, via written request or personally, against and to not take part in the Seller's decision if this decision would have significant or legal consequences for the Buyer, if such a decision is issued solely on the basis of automated processing of their personal data. The Buyer has the right to require the Seller to review the issued decision by a method different than the automated form of processing and the Seller is obligated to comply with the Buyer's request in such a way that a decision-making person will have the most important role in reviewing the decision; the Buyer shall be informed about the method of review and about its result within the time limit, in accordance with Article 9.19 of these Terms and Conditions. The Buyer does not have this right only if it is provided by a special law regulating the Buyer's legitimate interests or if, under pre-contractual relationships or during the existence of contractual relationships, the Seller issued a decision to carry out the Buyer's request or if the Seller, has taken other reasonable measures to safeguard the legitimate interests of the Buyer, in accordance with their mutual contract.
9.13 If the buyer exercises their right:
- in writing and it is clear from the content of their request that they have exercised their right, the request shall be deemed as filed under this Act; a request made by e-mail or fax shall be delivered by the Buyer in writing no later than three days after the date of dispatch,
- personally, in spoken form into a protocol from which it must be clear who has exercised the right, what was claimed, who and when wrote this request protocol, their signature and the signature of the Buyer; the Seller is obligated to give a copy of the protocol to the Buyer,
- to an intermediary under points 1 or 2 of Article 9.13 of these Terms and Conditions, the intermediary is obligated to hand over this request or protocol to the Seller without undue delay.
9.14 If the Buyer suspects that their personal data are being processed unlawfully, they may file a request with the Office for Personal Data Protection of the Slovak Republic to initiate a procedure for the protection of personal data.
9.15 If the Buyer does not have full legal capacity, their rights may be exercised by a legal representative.
9.16 If the Buyer is deceased, the rights which they would have had under this law may be exercised by a close person.
9.17 The Buyer's request under Article 9.8 (1 to 3, 5 to 8) of these Terms and Conditions and Article 9.10 to 9.12 of these Terms and Conditions shall be handled by the Seller free of charge.
9.18 The Buyer's request under Article 9.8 (4) of these Terms and Conditions shall be handled by the Seller free of charge apart from the payment in an amount that may not exceed the amount of the actually incurred expenses in connection with the making of copies, the incorporation of technical carriers, and with the forwarding of information to the Buyer, unless otherwise stated by a special law.
9.19 The Seller is obligated to handle the Buyer's request in writing, in accordance with Articles 9.17 and 9.18 of these Terms and Conditions, no later than 30 days after they have received the request.
9.20 Any restriction of Buyer's rights, in accordance with Article 9.9 of these Terms and Conditions, shall be announced by the Seller to the Buyer and also to the Office for Personal Data Protection of the Slovak Republic in writing without undue delay.
9.21 The Seller declares that, in accordance with Article 15 (1b) of the Act on the Protection of Personal Data, they process the Buyer's personal data for the purposes specified in Article 9.3 of these Terms and Conditions through the following intermediaries:
Geis Parcel SK s.r.o.
Seat: Trňanská 6, 960 01 Zvolen
Company ID: 46489592 registered in the Business Register of the Banská Bystrica District Court,
Odd.: SRO, File no.: 21503/S
GLS General Logistics Systems Slovakia s.r.o.
Seat: Lieskovská
Company ID: 36624942 registered in the Business Register of the Banská Bystrica District Court,
Odd.: SRO, File no.: 9084/S
DirectParcelDistribution SK s.r.o.
Seat: Technická 7, 821 04 Bratislava
Company ID: 35 834 498 registered in the Business Register of the Bratislava I District Court,
Odd.: SRO, File no.: 26367/B
Slovenská pošta, a.s.
Seat: Partizánska
Company ID: 36631124 registered in the Business Register of the Banská Bystrica District Court,
Odd.: SA, File no.: 803/S
As Buyer, I hereby grant Katkyn, s.r.o., seat: Račianska 88 B, 831 02 Bratislava Nové Mesto, Company ID: 54 684 790, the express consent to provide my personal data, in the scope of e-mail and data on purchased products as one order to Heureka Shopping s.r.o., Karolinská 650 / 1, 186 00 Praha 8 – Karlín, Czech Republic, the operator of the website www.heureka.sk-
As Buyer, I am aware of the fact that I am entitled to withdraw the above consent in writing at any time.
As Buyer, I declare that I was informed about the conditions of the processing of personal data by the operator, which are published on the website www.trendy-mama.com in accordance with Article 15 (1).
Agreement with the processing of personal data (including cookies) – Customers
As Buyer, I hereby grant consent, in accordance with Article 11 of Act no. 122/2013 Coll. of the Act on the Protection of Personal Data, as amended, with the processing of my personal data within the scope of Article 9.1 of the Terms of Conditions of Katkyn, s.r.o., seat: Račianska 88 B, 831 02 Bratislava Nové Mesto, Company ID: 54 684 790.
As Buyer, I am aware of the fact that I am entitled to withdraw the above consent in writing at any time.
As Buyer, I declare that I was informed about the conditions of the processing of personal data by the operator, which are published on the website www.trendy-mama.com, in accordance with Article 15 (1).
Agreement with the processing of personal data – Loyalty Programs
If the Buyer requests registration into or shows interest in being included in Loyalty Program, they thereby also grant consent, in accordance with Article 11 of Act no. 122/2013 Coll. of the Act on the Protection of Personal Data, as amended, to the processing of their personal data contained in the requests or applications for Loyalty Programs by Katkyn, s.r.o, seat: Račianska 88 B, 831 02 Bratislava Nové Mesto, Company ID: 54 684 790, for the purpose of Loyalty Program management. At the same time, the Buyer agrees to make their personal data available to third parties.
As Buyer, I declare that I was informed about the conditions of the processing of personal data by the operator, which are published on the website www.trendy-mama.com, in accordance with Article 15 (1).
Agreement with the processing of personal data – Marketing
I hereby grant consent, in accordance with Article 11 of Act no. 122/2013 Coll. of the Act on the Protection of Personal Data, as amended, with the processing of my personal data for marketing purposes by Katkyn s.r.o., seat: Račianska 88 B, 831 02 Bratislava Nové Mesto, Company ID: 54 684 790. I also consent to provide my personal data to third parties.
As Buyer, I declare that I was informed about the conditions of the processing of personal data by the operator, in accordance with Article 15 (1).
10. Withdrawal from the Purchase Agreement
10.1 The Seller is entitled to withdraw from the Purchase Agreement due to the product being sold out or unavailable; if the manufacturer, importer or supplier of the product, agreed upon in the purchase agreement, interrupted the production or made significant changes that prevented the Seller from fulfilling his obligations under the purchase agreement; if the Seller is unable to deliver the product to the Buyer within the time specified by these Terms and Conditions or at the price stated in the online store, due to vis major or despite all effort that may be fairly demanded from them. The seller is obligated to immediately inform the Buyer of this circumstance and return any prepayment, agreed upon in the purchase agreement, that had been paid to for the product within 14 days of the notification of the withdrawal, by transferring it to the bank account specified by the Buyer. The Seller is also entitled to withdraw from the purchase agreement if the Buyer has not received the product within five working days from the date when the Buyer was obligated to receive the product.
10.2 The Buyer becomes entitled to withdraw from the purchase agreement without giving any reason, in accordance with the conditions from Act no. 102/2014 Coll. on Consumer Protection in Product Sales or the Providing of Services on the Basis of Distance Contracts or Contracts Concluded off the Premises of the
- the products ordered by the Buyer as part of a single order are delivered in separate shipments, at the moment of receiving the last delivered shipment,
- the product consists of multiple parts or pieces, at the moment of receiving the last part or piece,
- the goods are delivered repeatedly during a defined period, at the moment of receiving the first shipment of goods.
10.3 By submitting the order, the Buyer confirms that the Seller has fulfilled their obligation to inform, in a timely and proper manner, according to Article 3 (1) of the Act on on Consumer Protection in Product Sales.
10.4 The Buyer may claim the right to withdraw from the agreement in written form, on another form of durable medium or through the Withdrawal Form, sent to the Seller's address, namely Katkyn, s.r.o., Areál Istrochem, Vajnorská 127/C, 831 04 Bratislava, Slovakia.
10.5 Withdrawal from the purchase agreement through the use of the Withdrawal Form, in accordance with the preceding clause of these Terms and Conditions, shall contain the information required in the Withdrawal Form, in particular, the exact specification of the product (code and name of the product), date of order, order number and invoice number, the Buyer's name and surname, the Buyer's address, the Buyer's signature, bank account number, bank name, and date. The Buyer is obligated to deliver to the Seller the undamaged and unused product (including any and all accessories), as well any gifts, documentation, instructions, warranty card, proof of payment, etc., packaged in the original packaging, by sending it to: Katkyn, s.r.o., Areál Istrochem, Vajnorská 127/C, 831 04 Bratislava, Slovakia. If the Buyer sends the product back to the Seller as part of a withdrawal from the purchase agreement, including accessories, documentation, instructions, warranty card, proof of payment, etc. (hereinafter referred to as "the goods") to the address specified in the previous sentence, using the Slovak Postal Service, the Buyer may only do so using the "Package to Address" service. Any goods sent to the Seller using any other service or cash on delivery shipments shall not be received by the Seller. We recommend insuring the package.
The goods must be shipped in the original packaging or in a suitable shipping package (if it did not have an original packaging) which corresponds to the requirements of transporting fragile goods, including all accessories. The shipment must be marked with the respective symbols, else the Seller is not liable for any mechanical damage before they receive the goods.
10.6 If the Buyer withdraws from the Purchase Agreement, any supplementary contracts or agreements relating to the Purchase Agreement from which the Buyer has withdrawn is also abolished from its beginning.
10.7 The Buyer may withdraw from the contract for the delivery of the goods even before the withdrawal period begins. The withdrawal period is retained if the Buyer sends a notice of exercising their right to withdraw before the expiry of the withdrawal period.
10.8 Upon the termination of the Purchase Agreement, the Seller shall return to the Buyer all payments that the Buyer has proven to have paid in connection with the conclusion of the Agreement, in particular, the purchase price of the product including the delivery cost, or he shall proceed according to Article 6.8 of these Terms and Conditions by sending a gift voucher to the Buyer's address. Payments shall be refunded to the Buyer within 14 days of the Seller receiving the Buyer's notice of withdrawal from the Purchase Agreement. The payment shall be made in the same way as the Buyer paid the Seller if the Buyer has not specified any other payment option in the withdrawal form, without incurring any additional fees.
10.9 The Seller is not obligated to refund all of the payments to the Buyer, under Article 10.8 of these Terms and Conditions, before the goods are returned to him by the Buyer. The payment for the purchased goods will, therefore, be refunded to the Buyer only after the Buyer returns the purchased goods to the address specified in Article 10.5 of these Terms and Conditions.
10.10 In the event that the Buyer withdraws from the Purchase Agreement under Article 10.2 of these Terms and Conditions and delivers the goods to the Seller in a used, damaged or incomplete state, or if the value of the goods in question is reduced as a result of use that is beyond what is required to test the product's functionality, the Seller is entitled to damages from the Buyer. These damages shall amount to the amount necessary to repair product and to return the product back to its original state. Alternatively, the Seller has the right to require the Buyer to return the amount by which the product's price was reduced as a result of the damage to the product.
10.11 The Buyer is obligated to send back or hand over the goods to the Seller, including accessories, gifts, documentation, instructions, warranty card, proof of payment, etc. in the original packaging, disassembled and undamaged, in the state in which they have received the goods, within 14 days from the day of withdrawal from the Purchase Agreement.
The Buyer is aware of the fact that if gifts are delivered together with the product, the Gift Agreement between the Seller and the Buyer is concluded on the condition that if Buyer exercises their right to withdraw from the Purchase Agreement, the Gift Agreement will also cease to be in effect and the Buyer will be obligated to return any gifts together with the product. In the event that these gifts are not returned, their value will be seen unwarranted enrichment of the Buyer.
10.12 Upon withdrawal from the Purchase Agreement, the Buyer bears the direct costs of returning the goods to the Seller or the person authorized by the Seller to receive the goods. The direct costs associated with the return of the goods cannot be reasonably calculated in advance. According to the information available, it is estimated that these costs will depend on the size and weight of the goods, the distance the goods are sent, and the prices of the selected mail carrier's services, anywhere from € 2 to € 150.
10.13 Upon withdrawal from the Purchase Agreement, the Buyer bears the direct costs of returning the goods that, due to their nature, cannot be returned by postal services. The direct costs associated with the return of the goods cannot be reasonably calculated in advance. According to the information available, it is estimated that these costs will depend on the size and weight of the goods, the distance the goods are sent, and the prices of the selected mail carrier's services, anywhere from € 2 to € 150.
10.14 In the event that the Buyer fails to fulfill any of the obligations set forth in Articles 10.4 and 10.5 of these Terms and Conditions, the withdrawal from the Purchase Agreement is not valid and effective, and the Seller is not obligated to return all payments under Article 10.8 of these Terms and Conditions and the Seller also has the right to receive from the Buyer the costs associated with sending the goods back to the Buyer.
10.15 The Buyer cannot withdraw from a contract the subject of which is:
- the sale of goods or products made according to the specific requirements of the Buyer, goods made to measure or goods specifically intended for only one Buyer,
- the sale of goods or products sealed in a protective packaging which may not be returned for health or hygienic reasons if the protective packaging has been damaged or tampered with after delivery of the goods to the Buyer, or goods which cannot be returned due to their characteristics,
- the sale of goods or products that, due to their nature, might be inseparably mixed with other goods after delivery, such as sets and other special discount goods and packages (in this case, the Buyer withdraws from the Purchase Agreement of the whole set or pack),
- the sale of goods or products that have been personally received, checked, and inspected by the Buyer in person in the seat or store of the e-shop operator or a delivery point.
10.16 When issuing a credit note, a valid ID Card may be required from the Buyer for the purpose of protecting the Buyer's ownership rights. By submitting an ID Card, the Buyer agrees to the processing of their personal data, in accordance with Act no. 122/2013 Coll. of the Act on the Protection of Personal Data, as amended.
10.17. The Buyer may not exercise their right to withdraw from the Purchase Agreement if they have received the goods in person because the Buyer had the chance to personally check the goods upon receiving them.
10.18. In the event of withdrawal from the Purchase Agreement, the Buyer shall send the goods to Katkyn s.r.o., Areál Istrochem, Vajnorská 127/C, 831 04 Bratislava, Slovakia. Withdrawal from the Purchase Agreement cannot be carried out personally in the Seller's seat or store.
11. Online Dispute Resolution Platform
Buyers – Consumers are entitled to use an online dispute resolution (ODR) platform to resolve their disputes in the language of their choice. The Buyer – Consumer may use the ODR platform available at https://ec.europa.eu/consumers/odr/ to alternatively resolve their dispute. The Buyer – Consumer shall fill out the electronic complaint form when filing their ODR dispute claim. The information provided must be sufficient to appoint a competent body for alternative online dispute resolution. The Buyer – Consumer may attach documents to support their claim.
12. Product Reviews
The Seller reserves the right to request the deletion or nonpublication product and service reviews that contain inappropriate
13. Gift Vouchers (Certificates)
13.1 Gift vouchers (certificates) issued by the Seller may be used for the purchase of goods on the Seller's e-commerce website. Unless stated otherwise, a gift voucher may only be used for the purchase of goods. It does not apply to the purchase of services or for paying postage and other charges.
13.2 The value of the gift voucher is shown on each voucher as an amount including VAT. The voucher works as a discount from the total price of the ordered goods including VAT. The gift voucher can only be used in its entirety. The gift voucher can only be used for one purchase, it cannot be used in parts. The remaining price of the purchased goods must be paid in cash. Overpayments are not refunded.
13.3 The gift voucher cannot be exchanged for cash. If the Buyer withdraws from the purchase agreement and has paid for the goods by gift voucher, the Buyer is entitled to a refund of the purchase price in the form of a gift voucher (by sending the gift voucher to the address provided by the Buyer).
14. Second Hand
14.1 The Seller, in his store, also offers the conclusion of purchase agreements for second-hand goods. Second-hand goods are understood as goods that have been unpacked, goods with damaged packaging or returned used goods.
14.2 The warranty period for second-hand goods is 24 months from the date of receiving the product.
14.3 Second-hand goods cannot be replaced by new goods as part of a product return claim.
14.4 Claims concerning second-hand goods are adequately covered by the Product Return Policy unless otherwise specified in this section.
14.5 Claims concerning second-hand goods cannot be filed for the defects (or other reasons) that were the cause for the discount offered on the goods.
15.Competitions and Prizes
General Competition Rules:
15.1 Competitions shall take place through the internet. Only a natural person with a permanent address and shipping address in the Slovak Republic (hereinafter referred to as "the participant" or "the contestant") may take part in the competitions. In the case of a person below the age of 18, they confirm that they participate with the explicit consent of their legal representative. Competitions may not be attended by persons who are in an employment relationship with the organizer of the competitions and/or who are directly involved in organizing the competitions and their family members, in particular, direct relatives, siblings or spouses of such persons (persons in the same household and close persons within the meaning of Articles 116 and 117 of Act No. 40/1964 Coll of the The Civil Code).
15.2 All Buyers who order goods and pay for the goods shall be entered into the competition. Together with the ordered goods, the Buyer shall receive an
15.3 The organizer shall contact the winners by phone and then also by e-mail and shall inform them of the exact place and time to claim their prize. Confirmation of receiving the prize shall only be accepted after receipt of an e-mail confirmation sent
15.4 By signing up for the competition, the contestant honestly declares to give unconditional approval, in accordance with Article 11 (1) of Act no. 122/2013 Coll. of the Act on the Protection of Personal Data, as amended, for the organizer to process their personal data including their name, surname, town, postcode, e-mail address, telephone number, and any pictures or video and audio recordings (hereinafter referred to as "personal data") concerning the contestant, for the purpose of randomly selecting a winner of the competition, contacting them and giving them the prize. After the fulfillment of the purpose of the processing of personal data, the organizer of the competition shall ensure the immediate disposal of the gathered personal data of the participants of the competition, in accordance with the provisions of Article 17 (1) of Act no. 122/2013 Coll. The contestant is responsible for the accuracy, truthfulness, timeliness, and completeness of the personal data provided. The contestant confirms that they have been informed by the organizer about the terms of processing of their personal data, in accordance with Act no. 122/2013 Coll. The contestants expressly agree that the organizer of the competition is entitled to use their data free-of-charge, in accordance with Article 12 of Act no. 40/1964 Coll. of the Civil Code, as amended. This data includes images and video and audio recordings, their name, surname, and city submitted by the contestant. The contestants also expressly agree that the organizer may use this data in the media (including the internet), promotional materials of the organizer in connection with this contest and its products, and published audio and video recordings of the competition participants as described above. Consent to the processing of personal data may be withdrawn at any time in writing by the contestant. The contestant has all the rights provided for in Articles 28 to 30 of Act no. 122/2013 Coll. in relation to their processed personal data.
15.5 As a contestant in the competition I hereby grant consent, in accordance with Article 11 of Act no. 122/2013 Coll., with the processing of my personal data by the organizer (in the scope of my e-mail address) for marketing purposes. Marketing purposes include offering products and services, sending information about discounts and other activities, as well as sending business information by electronic means. I declare that I was informed of the terms and conditions of the processing of personal data by the organizer, in accordance with Article 15 (1).
15.6 The organizer is not responsible for any damages or other claims of the contestants in connection with incorrectly provided or inaccurate data of the participant, as well as not claiming or not receiving the prize at the place and time specified by the organizer. If the organizer discovers that a contestant has provided them with untrue data or information, they are entitled to exclude such a contestant from the contest or to not award them their prize. The organizer also reserves the right to exclude contestants who:
- acted or intended to act contrary to these competition rules,
- attempted to obtain prized in a fraudulent manner or contrary to good morals,
- damaged or potentially damaged the good name of the organizer through their actions.
15.7 There is no legal entitlement to the prized from the competition. The entitlement to the prize cannot be transferred to another person and the value of the prize cannot be paid in cash. The contestants hereby take note that it is not possible to demand the prize through court, in accordance with Article 845 of Act no. 40/1964 Coll. of the Civil Code. Prizes are subject to tax under Act no. 595/2003 Coll. on Income Tax, as amended.
15.8 The organizer reserves the right to change and amend the competition rules at their own discretion, in particular, but not exclusively, the way, place, and date of the draw and the number of substitutes. The organizer may also suspend, postpone or cancel the competition. The competition rules, as well as their changes, are published by the organizer at www.trendy-mama.com. The organizer does not return any costs associated with their participation in the contest or the winning of the prize.
15.9 Participation in the competition is voluntary and the contestants express their agreement with their participation in the competition. The rules are stored in the written form and in their entirety at: Katkyn, s.r.o., Račianska 88 B, 831 02 Bratislava Nové Mesto, Slovakia, for the entire duration of the competition.
16. Final Provisions
16.1. The seller reserves the right to change these Terms and Conditions. The obligation to announce the changes in writing is met by placing them on the Seller's e-commerce website.
16.2 If the purchase agreement is concluded in writing, any changes to the agreement must also be made in writing.
16.3. These Terms and Conditions become effective for the Buyer when the Buyer sends an electronic order to the Seller.
16.4. By sending the order, the Buyer confirms that they have read and agree to these Terms and Conditions.
16.5 The contractual parties have agreed that the communication between them shall be carried out mainly in the form of e-mail messages or through letters.
16.6 Those relations which not governed by these Terms and Conditions are governed by the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on Electronic Commerce and on Amendment of Act No. 128/2002 Coll.
on State Inspection of Inner Market in Consumer Protection Affairs and Amendment of Other Acts, as amended
by Act 284/2002 Coll. as amended by Act No. 250/2007 Coll. on Consumer Protection and on Amendment of the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended and Act no. 102/20154 102/2014 Coll. on consumer protection when buying products on the basis of so-called Distance Contracts or Contracts Concluded off the Premises of the Seller and on the amendment of certain laws.
17. Use of Website Materials
Katkyn, s. r. o. has all rights
Attachments to the Terms and Conditions:
Attachment n. 1 – Purchase Agreement Withdrawal From (letter form)
Attachment n. 2 – Instruction on exercising the Buyer's right to withdraw from the Purchase Agreement within 14 days
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The trendy-mama.com e-shop
*These Business Terms and Conditions are valid and in effect from March 1, 2017, and repeal any previous versions of the Business Terms and Conditions. The Seller reserves the right to change the Business Terms and Conditions without prior notice.
18. Liability
Katkyn, s.r.o hereby notifies that the information presented on its websites are partially taken from third parties. It may contain factual and technical inaccuracies or typographical errors and may be updated without any prior notice. Katkyn, s.r.o may, at any time without prior notice, change the products and services described on its site and does not guarantee the correctness of their content.
Katkyn, s.r.o. is not liable to any other party for direct, indirect, extraordinary or other consequential damages caused by the use of information from its own website or from any linked websites, including (but not limited to) lost profits, incurred costs, discontinued operations, and other damages.
Katkyn, s.r.o. only provides legal warranties. Katkyn, s.r.o. also ensures those warranties which are provided (in addition to the law) by the suppliers of products and the providers of services which are offered on its e-commerce website, if such is explicitly stated on the web page of the specific product or service.