General terms and conditions

I.

General provisions

1.1 These general terms and conditions regulate the mutual rights and obligations of the seller and the buyer - a person who enters into a purchase contract outside of his business activity as a consumer, or as part of his business activity as an entrepreneur, who is obliged to state his ID number when ordering (hereinafter referred to as: "buyer ") through the web interface of the online store located on the website, available at: https://www.muse-lingerie.com (hereinafter referred to as the "online store").

1.2 General terms and conditions are an integral part of the purchase contract. In the event that the seller and the buyer enter into a written sales contract in which they agree on conditions different from the general business conditions, the provisions of the sales contract will take precedence over the general business conditions.

1.3 Seller and operator of the online store:

name and surname: Sabina Reháková.

ID: 55739326

registered: Department of Trade and Industry Senica, no. trade register 240-31444

bank connection: 365bank sro

IBAN: SK35 6500 0000 0036 5224 5082

tel. contact: +421 908 117 896

e-mail contact: info@muse-lingerie.com

place for personal collection: only by phone appointment

II.

Definitions

2.1 Seller (online store operator) – is an entrepreneur who sells goods to the buyer and provides services within the scope of his business or other business activity ordered through the online store. He is the person who runs the online store https://www.muse-lingerie.com.

2.2 Buyer – is a natural person capable of legal acts or a legal entity that concluded a purchase contract with the seller through the online store (through one or more means of remote communication, in particular using the website of the online store, e-mail, telephone or offer catalog) by creating a binding order that was delivered to the seller and confirmed by the seller. The buyer is a consumer if he buys products or uses services for personal use, or for members of his household, and who does not act within the scope of his commercial or other business activity when concluding and fulfilling the consumer contract. The buyer is an entrepreneur if he buys products or uses services as part of his business activity. If the Buyer states his identification number (IČO) in the order, then he acknowledges that the rules stated in these general terms and conditions for entrepreneurs apply to him (the provisions for consumers do not apply to him).

2.3 The online store is located on the internet on the website https://www.muse-lingerie.com, which enables the purchase of goods or services offered by the seller. The list of goods on the website of the online store operated by the seller is a catalog of normally delivered goods, and the seller does not guarantee the immediate availability of all listed goods. The availability of the goods can be confirmed for the buyer based on the buyer's question about the availability of the goods.

2.4 Goods or services - include all products, products or services published and offered for sale on the website of the online store. All the presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods or services. Goods made according to the buyer's special requirements are goods that were specially ordered from the seller's supplier for a specific buyer based on the buyer's special requirements.

2.5 Information about goods/services – states the prices of individual goods or services and their main features, while they are listed for individual goods in the online store catalog.

2.6 The price of goods/services – is listed on the online store for the relevant goods/services, including value added tax. The prices of goods and services remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions for a larger volume of ordered goods according to the seller's decision.

2.7 Order – a proposal for the conclusion of a purchase contract is the buyer's order addressed to the seller, which mainly contains information about the buyer, the ordered goods from the store's offer, the purchase price, the costs of transporting the goods, postage and other costs or fees. The order can be made mainly by filling out the order form on the website of the online store, and after it is completely filled out and the order is sent, it becomes binding for the buyer.

2.8 Acceptance of the order - is created by the delivery of the order completely filled out and sent by the buyer in the online store to the seller.

2.9 Confirmation of the order by the seller - is the acceptance of a proposal for concluding a purchase contract, in which the seller confirms that he accepts the buyer's order. The confirmation of the order becomes effective when the order confirmation is delivered to the buyer at the e-mail address that the buyer indicated when filling out the order, or by telephone notification, while the purchase contract is concluded between the buyer and the seller by confirming the order. The seller offers proposals for concluding a purchase through an online store in the Slovak language.

2.10 Complaint means the application of responsibility for product defects in the manner described in these GTC.

2.11 Completion of the claim is understood as the end of the claim procedure by handing over the repaired goods, exchanging the goods, returning the purchase price of the goods, paying an appropriate discount on the price of the goods, a written invitation to take over the performance, or its justified refusal.

2.12 Expert assessment means a written statement by an expert, or an opinion issued by an authorized or accredited person, or an opinion by a person authorized by the manufacturer to carry out warranty repairs.

III.

An order

3.1 The order is created by filling out the order form on the website of the online store, by selecting goods or services by the buyer. For the successful and quick processing of the order, it is necessary to fill in the required data in the order form (selection of goods/services, their number), then choose from the delivery options (delivery) and payment methods for the ordered goods or services.

3.2 The total price of the ordered goods and services is stated in the order, including VAT, and also in the e-mail message confirming receipt of the order. The buyer can familiarize himself with the price of the goods or services and other fees before placing the order on the website of the online store or by phone with the seller.

3.3 By sending the order, the buyer agrees to the price of the ordered goods and services, and after it is completed and sent, the order becomes binding for the buyer. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has familiarized himself with these terms and conditions and agrees with them.

3.4 Confirmation of the order by the seller constitutes a purchase contract, which can be changed, canceled or supplemented only on the basis of a mutual agreement between the buyer and the seller, or for other reasons specified in these general terms and conditions, or in generally binding legal regulations.

3.5 After creating and sending the order in the online store, the buyer is automatically sent an e-mail confirming receipt of the order. The purpose of this e-mail is to inform the buyer about the acceptance of the order by the seller, and this notification is not considered binding acceptance of the order. Subsequently, the seller will bindingly confirm the received order (by e-mail or by phone), thereby concluding the purchase contract.

3.6 By sending the order, the buyer undertakes to pay the purchase price of the ordered goods or services.

3.7 After sending the order, the buyer has no legal right to conclude a purchase contract. The seller is entitled to reject the order in case of improper behavior of the buyer, or even without giving a reason, while informing the buyer about such fact.

3.8 The buyer is fully aware of electronic communication with the seller, primarily through the online store, e-mail communication or telephone communication. If necessary, all additional information regarding the order will be sent to the buyer's e-mail address.

3.9 The ownership right to the ordered goods is transferred to the buyer only upon its acceptance, subject to the suspensive condition of payment of the entire purchase price for the subject of the purchase contract. After receiving the goods, the buyer bears responsibility for any damage to the goods. The goods are considered to be taken over by the buyer at the moment when the buyer or a person authorized by him, with the exception of the carrier, takes over all parts of the ordered goods, or if:

  1. a) the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last,
  2. b) delivers goods consisting of several parts or pieces, at the moment of taking over the last part or last piece,
  3. c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first and each separately delivered goods.

3.10 In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded by the buyer's confirmation of acceptance of the seller's offer, which the buyer sends to the seller's e-mail address specified in these terms and conditions.

3.11 The buyer can deliver to the seller by e-mail or by phone within 24 hours from the creation of the order a notification that he is canceling the order. The buyer is obliged to state his name, e-mail address and description of the ordered goods in the order cancellation notification. In case of cancellation of the order according to the previous sentence, the seller does not charge the buyer any fees related to the cancellation of the order. In the event that the buyer has paid the seller the purchase price, or part of it, in the time before the cancellation of the order, the seller will return the already paid purchase price or part of it within 7 days from the cancellation of the order by transfer to the buyer's bank account, unless the contracting parties agree on another method of returning the purchase price prices.

3.12 In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of acceptance of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's e-mail address.

3.13 The seller reserves the right to withdraw from the contract if, due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has stopped production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the purchase contract or from for reasons of force majeure or if, even after making all the efforts that can be fairly required of him, he is unable to deliver the goods to the customer within the period determined by these terms and conditions or at the price indicated in the online store, unless he agrees with the customer on alternative performance. The customer will be informed of the withdrawal from the contract by phone or e-mail, and in case of payment of the purchase price or part of it, the funds will be returned to him within 14 days to the account specified by him, unless otherwise agreed with the seller.

IV.

Obligations of the contracting parties resulting from the concluded purchase contract

4.1 The parties to the purchase contract are the seller and the buyer.

4.2 The buyer has the obligation to:

- take over the ordered goods or services,

- pay the seller for the goods / services the agreed purchase price stated in the binding confirmed order (including the costs for the delivery of the goods / services).

The buyer is advised to check the intactness of the packaging, or even the goods themselves when receiving them.

4.3 The seller has the obligation to:

- deliver the goods or services to the buyer in the required quality, quantity and price specified on the website of the online store and in the order,

- send the buyer all documents related to the goods or services (invoice for the goods or services, complaint form, instruction manual in the Slovak language, or others) together with the goods or additionally.

IN.

Payment and delivery conditions

5.1 All stated prices for goods are final, including VAT, or including all other taxes and fees that the consumer must pay to obtain the goods. The buyer is obliged to pay the seller the purchase price agreed in the purchase contract valid at the time the order is sent to the seller, the costs of transporting the goods, postage and other costs and fees. The purchase price does not include consultancy, the cost of transporting goods, postage and other costs and fees.

In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days from the conclusion of the purchase contract, or upon delivery of the goods, and is considered paid when the relevant amount is credited to the seller's bank account.

5.2 The seller is bound by the price indicated on the website of the online store at the moment of making the binding confirmation of the order (in which the price is indicated), unless there is an obvious error in the indicated price. Discounted (sale) prices of goods are clearly marked with the "sale" or "sale" symbol. Discounted prices are valid until stocks are sold out, or for the duration of the time specified for the discounted price.

5.3 Methods that can be used when paying for goods and services in the online store:

  1. payment by non-cash transfer to the seller's bank account,
  2. cashless by credit card.

5.4 In the event that the method of transport is agreed on the basis of special requirements of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.

5.5 The goods remain the seller's property until full payment of the purchase price and its acceptance by the buyer, while the risk of damage to the property passes to the buyer upon acceptance of the goods.

5.6 The buyer's invoicing data cannot be changed after the order has been sent.

5.7 The seller has the obligation to send the goods to the buyer within 30 days from the receipt of the order, unless they have agreed otherwise, or if a longer delivery period has not been specified for the goods.

5.8 The goods that are in the seller's warehouse are dispatched as soon as possible.

5.9 If the order contains several types of goods and services and some of them are not in stock, the seller informs the buyer about the possibility of sending partial shipments.

5.10 An invoice (tax document) is sent to the buyer together with the delivered goods or services

5.11 The buyer is obliged to take over the goods at the place indicated in the acceptance of the buyer's order by the seller (place of fulfillment). In the event that the buyer does not take over the delivered goods, or does not take over the goods personally at the seller's premises within 7 days after the expiration of the period specified in the purchase contract, or the binding acceptance of the order, the seller is entitled to charge the buyer costs in the amount of a reasonable storage fee for each day of storage of the goods. After 14 days have passed since the day when the buyer was obliged to take over the goods, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party.

5.12 In the event that, upon agreement with the buyer, the seller, through its employees or an authorized person, delivers the goods directly to the buyer on the basis of a special request to the place specified by the buyer in the purchase contract, the buyer is obliged to take over the goods personally or to ensure that the goods are taken over by a person he authorizes for in the case of his absence to take over the goods specified in the purchase contract and sign the protocol on the delivery and handover of the goods. The third party authorized to take over the goods specified in the purchase contract is obliged to submit to the seller a written authorization to take over the goods and the original or a copy of the purchase contract and proof of payment for the goods. If it is necessary to repeat the delivery of the goods due to the absence of the buyer at the place specified in the purchase contract, all costs incurred will be paid by the buyer, in particular the repeated delivery of the goods to the place specified in the purchase contract and adequate storage fees. The goods are considered delivered at the moment of delivery of the goods to the address indicated in the binding acceptance of the order and taken over at the moment of physical acceptance of the goods by the buyer.

5.13 The seller can request the presentation of an identity card (citizen's card, passport, driver's license) to verify the identity of the person taking over the order, which was paid in advance by bank transfer, in order to prevent damage.

5.14 In the event that the buyer is a legal entity, the goods will only be issued to the statutory body of the given legal entity or to a person who hands over to the seller a written power of attorney / authorization to take over the goods. The seller can refuse to issue the goods to a person who does not meet the stated conditions.

5.15 The buyer is advised to check the condition of the shipment (number of packages, intactness of the package contents, damage to the shipping packaging) in the presence of the carrier immediately upon delivery of the goods according to the attached shipping note.

VI.

Costs associated with packaging and delivery of goods

6.1 Together with the purchase price of the goods, the buyer is obliged to pay the costs associated with the packaging and delivery of the goods to the seller.

6.2 The costs associated with packaging are part of the purchase price of the goods listed on the website of the online store as part of the delivery of the goods on the territory of the Slovak Republic, this does not apply in the case of the buyer's request for special packaging of the goods. For delivery abroad, the price for packaging and delivery of the goods may be higher, while these costs are covered by the buyer.

Likewise, in the case of the need (or individual agreement with the buyer) for specific transport, or the delivery of specific goods, or for delivery to other EU countries, the costs according to the previous sentence are calculated individually and the buyer will be notified of this immediately after confirmation of his order. For more information, do not hesitate to contact us at the e-mail address: info@muse-lingerie.com.

6.3 The buyer can also agree with the seller on a different method of delivery of goods and services than is stated in the general business conditions, as well as on different goods transportation services and prices for these services.

6.4 The seller is entitled to send the goods from the order, which are immediately available in the online store, to the buyer, and to deliver the remaining part of the goods from the order, which are not available, to the buyer additionally after they have been stored. This authorization can be used by the seller only on the condition that the buyer will not be charged any additional fees for the next delivery of the goods, apart from the one that was billed in the order.

6.5 By accepting these terms and conditions, the buyer consents to the electronic sending of invoices in accordance with § 31 et seq. Act No. 431/2002 Coll. on accounting as amended. The electronic invoices sent are in PDF format, secured against alteration of content and meet all the requirements of a tax document in accordance with § 74 et seq. Act No. 222/2004 Coll. on value added tax as amended.

VIII.

Complaints procedure (responsibility for defects, warranty, complaints)

8.1 The seller is responsible to the buyer that the goods are free of defects upon receipt. In the case of goods sold at a lower price, the seller is not responsible for a defect for which a lower price was negotiated. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

- the goods have the properties that the parties agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer described with regard to the nature of the goods and based on the advertisement made by the seller,

– the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

– the goods are in the corresponding quantity or weight,

– the goods comply with the requirements of legal regulations.

8.2 In the event of a defect, the buyer can submit a complaint to the seller and demand:

– if it is a defect that can be removed:

◦ free removal of a defect in the goods,

◦ exchange of goods for new goods (if this is possible due to the nature of the goods and if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect),

– if it is a defect that cannot be removed:

◦ exchange of goods for new goods, or a reasonable discount from the purchase price,

◦ withdraw from the contract.

8.3 In the case of a valid complaint, the buyer has the right to withdraw from the contract:

– if the goods have a defect that cannot be removed,

– if he cannot use the goods properly due to the repeated occurrence of a defect or defects after repair,

– if he cannot properly use the goods due to a large number of defects in the goods.

8.4 The buyer can exercise his rights by claiming defective goods within the warranty period in accordance with the law, by means of a claim form. When making a complaint, the buyer is obliged to fill out a complaint form. The buyer is obliged to deliver the claimed goods together with accessories and proof of payment.

By declaring in the warranty letter issued to the buyer, the seller can provide a warranty exceeding the scope of the warranty established in Act no. 40/1964 Coll. Civil Code as amended. At the same time, the seller specifies the terms and scope of this guarantee in the warranty letter.

The purchase receipt also serves as a warranty card. Warranty periods start from the time the buyer takes over the goods. If the goods are to be put into operation by an entrepreneur other than the seller, the warranty period begins to run only from the day the goods are put into operation, as long as the buyer ordered the putting into operation no later than three weeks after taking over the item and properly and timely provided the cooperation necessary for the performance of the service.

The seller is obliged to accept the complaint at the address indicated in the complaint form. The buyer can also file a claim with a person designated by the seller. If the complaint is handled by a person designated by the seller, the latter can only handle the complaint by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for processing. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of processing the claim the buyer requires, as well as a confirmation of the date and method of processing the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.

8.5 If the buyer is allowed to make a claim, the seller (employee authorized by him or designated person) is obliged to inform the buyer about his rights resulting from defective performance. On the basis of the buyer's decision, which he applies from the rights arising from defective performance, the seller is obliged to determine the method of processing the claim immediately, in complex cases no later than three working days from the date of application of the claim, in justified cases, especially if a complex technical evaluation of the condition is required goods, no later than 30 days from the date of application of the complaint. After determining the method of processing the claim, the claim, including the removal of the defect, must be processed immediately, while in justified cases the claim can be processed later. However, handling of the complaint, including the removal of the defect, may not take longer than 30 days from the date of application of the complaint. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of application of the complaint is considered to be the moment when the buyer's will is manifested (exercise of the right from defective performance) to the seller.

8.6 The seller informs the buyer in writing (by e-mail) about the result of the claim, no later than 30 days from the date of the claim.

8.7 The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

The buyer's right to claim the seller's warranty expires:

  • by not presenting the goods together with the accessories and proof of payment,
  • by not reporting obvious defects when taking over the goods,
  • upon expiry of the goods' warranty period,
  • mechanical damage to the goods caused by the buyer,
  • by using the goods in conditions that do not correspond to their humidity, chemical

and mechanical effects on the natural environment,

  • by unprofessional handling, service or neglect of the care of the goods,
  • damage to the goods due to excessive loading, or use contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations valid in the Slovak Republic,
  • damage to the goods due to unavoidable or unforeseeable events,
  • damage to the goods by accidental damage or accidental deterioration,
  • unprofessional intervention, intervention in the goods by a person other than an authorized person, damage during transport, damage by water, fire, static or atmospheric electricity, or other force majeure intervention.

8.8 In the case of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right at the seller no later than within one month after the expiry of the warranty period.

8.9 The buyer has the choice of the method of complaint and its processing, if there are several options in accordance with these GTC.

8.10 The rights and obligations of the contracting parties regarding rights from defective performance are governed by §§ 499 to 510, § 596 to 600 and § 619 to 627 of Act no. 40/1964 Coll. of the Civil Code as amended and Act No. 250/2007 Coll. on consumer protection as amended.

IX.

Privacy

9.1 The online store operator processes the personal data of the buyer (natural person) in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as " GDPR") and according to the provisions of Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws as amended (hereinafter referred to as the "Act on the Protection of Personal Data").

X.

Final provisions

10.1 Legal relationships established by the purchase contract are governed by the provisions of the purchase contract, the provisions of these general terms and conditions and the provisions of the relevant legislation (especially the Civil Code), while the provisions of the contract take precedence over the provisions of the terms and conditions and dispositive provisions of generally binding legal regulations.

10.2 The seller reserves the right to change and supplement these general terms and conditions even without prior notice to the buyer. Any changes to these general terms and conditions take effect on the day of their publication on the website https://www.muse-lingerie.com

10.3 In the event of a change to the general terms and conditions, the legal relations during the conclusion of the purchase contract and after its conclusion are governed by the general terms and conditions that were valid at the time the order was sent by the buyer and which were accessible on the website of the online store https://www.muse- lingerie.com

10.4 By sending the order, the buyer expresses that he has read the general terms and conditions and familiarized himself with their wording.

10.5 These general terms and conditions are published on the website https://www.muse-lingerie.com. After sending the order by the buyer, the current general terms and conditions are also delivered to the buyer in an e-mail attachment, with which the seller confirms the order in a binding manner.

10.6 If a situation arises where the consumer is not satisfied with the manner in which the seller handled his complaint, or believes that the seller has violated his rights, he has the opportunity to contact the seller with a written request for correction. In the event that the seller rejects the buyer's request for correction, or does not comment on it within 30 days from the date of its dispatch, the buyer as a consumer may, in accordance with § 12 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of some laws as amended, submit a proposal to initiate an alternative resolution of your dispute.

10.7 Other relations between the seller and the buyer when creating an order and concluding a purchase contract through the online store, which are not directly regulated in these general terms and conditions, or in their integral parts, are governed by the legal order of the Slovak Republic and the relevant provisions, in particular Act No. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws as amended, Act no. 22/2004 Coll. on electronic commerce and on the amendment of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment and supplementation of certain laws as amended by Act no. 284/2002 Coll. in the valid version, possibly also Act no. 513/1991 Coll. Commercial Code as amended, if the buyer acts as an entrepreneur.

10.8 All rights to the seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller.

10.9 The seller is not responsible for errors arising as a result of unauthorized intervention by third parties in the online store or as a result of its unauthorized use contrary to its purpose.

These general terms and conditions, including their inseparable parts, become valid and effective on 11.9.2023