Terms and conditions

TERMS AND CONDITIONS

    1. PREAMBLE

        1.1. The subject of terms and conditions is the regulation of mutual rights and obligations in the delivery of Products to the Customer (as defined below) offered and available on the Operator's website: ID&Kds s. r. o., registered seat at Karpatské námestie 7770/10A, 831 06 Bratislava - Rača, Slovak Republic, ID number (IČO): 56794037, registered in the Trade Register maintained by the District Office Bratislava under the number of reg. No.: 185512/B (hereinafter referred to as the “Operator”) www.intellectwoodtoys.eu (hereinafter referred to as the “Website”).

        1.2. By confirming these terms and conditions (hereinafter referred to as "Terms") upon delivery of the Products, the Customer declares that he has become familiar with the content of the Terms, the rules for exercising liability for Product defects and the conditions for the protection of Personal Data (as this term is defined below) available on the Website, or other documents of the Operator that are listed and available on the Website.

        1.3. The Operator hereby reserves the right to unilaterally amend the Terms, in particular, but not exclusively, in the event of a change in legislation, interpretation of legislation, a change in the Products or the nature of the Products provided, or any other change that would affect the wording of the Terms. The Operator shall publish any amendment to the Terms on its Website without delay.

    2. DEFINITIONS

        2.1. "Price" means the final price in EUR including value added tax or including other taxes per unit of the Product supplied by the Operator, which is published on the Operator's Website, while "Prices" means multiple such Prices.

        2.2. "Civil Code" means Slovak Act No. 40/1964 Coll., Civil Code, as amended.

        2.3. "Trader" means the Operator, if he acts in connection with a Consumer Contract (as this term is defined below), an obligation arising therefrom or in a commercial practice, acts within the scope of his business activity or profession, including through another person acting in his name or on his behalf.

        2.4. "Order" means a binding order for Products offered by the Operator, based on which the Customer is obliged to pay the Price for the ordered Product, as well as the Fees (if they are included in the Order).

        2.5. "Personal data" means any information relating to an identified or identifiable natural person.

        2.6. " GDPR " means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

        2.7. "Fees" means the term defined in Section 4.1 of the Terms.

        2.8. "Payment Details" means the details for payment of the Price for the delivery of the Products, including Fees.

        2.9. "Operator" means the term defined in point 1.1 of the Terms.

        2.10. "Product" means the Goods offered by the Operator on its website and which the Customer can purchase via the Website.

        2.11. "Consumer" means a natural person who, in connection with a Consumer Contract, an obligation arising therefrom or in a business practice, is not acting within the scope of his business activity or profession.

        2.12. "Consumer Contract" means any contract, regardless of legal form, concluded between a Trader and a Consumer.

        2.13. "Terms" means this term defined in Section 1.2 of the Terms.

        2.14. "Website" means this term defined in point 1.1 of the Terms.

        2.15. "Act on the Protection of Personal Data" means Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts.

        2.16. "Consumer Protection Act" means Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts.

        2.17. "Customer" means an entity (natural person or legal entity) to whom the Operator supplies the Product under the Contract.

        2.18. "Contract" means a contract (as well as a Consumer Contract) concluded between the Operator and the Customer, the subject of which is the Operator's obligation to deliver the Product to the Customer and at the same time the Customer's obligation to pay the Price for the Product, including Fees.

        2.19. "Distance Contract" means a Consumer Contract concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Trader and the Consumer, in particular by using an online interface, e-mail, telephone, fax, mailing list or offer catalogue.

    3. ORDER

        3.1. The Operator offers its Products on the Operator's Website. The main features and parameters of the Products are listed on this Website. If the Customer is interested in the delivery of the Product, the Customer selects a specific Product, which he can then add to the shopping cart.

        3.2. After adding a specific Product to the shopping cart, the Customer can proceed to the checkout and place an Order for a specific Product, while when placing an Order, they will provide their Personal Data in the scope of their name, surname, correspondence address, telephone number and e-mail address.

        3.3. The Customer acknowledges that after confirming the Order, the Order is considered binding and a Contract is concluded between the Operator and the Customer. After placing the Order, the Customer is obliged to pay the Price and Fees in accordance with Art. 4 of the Terms. By accepting these Terms when placing the Order, the Customer expressly confirms that he has been informed of the obligation to pay the Price and Fees and agrees to their payment.

    4. PAYMENT FOR PRODUCT DELIVERY

        4.1. For the delivery of the Product, the Customer is obliged to pay the Operator the Price indicated for the specific Product on the Provider's Website. In addition to the Price for the delivery of the Products, the Operator is entitled to request from the Customer payment of transport fees, as well as other costs (e.g. a fee for packaging the Product) (hereinafter referred to as the "Fees"). The Customer is informed of the nature and amount of these Fees (with a breakdown into individual items) in advance when placing the Order. The Customer acknowledges that the amount of the Fees (in particular, but not exclusively, the fee for delivery/transport of the Product) depends on the price lists of the specific delivery service provider or other external suppliers of the Operator. The Customer, who is a Consumer, is obliged to pay these Fees only if he/she agreed to them when placing the Order.

        4.2. Payment details for the purpose of payment of the Price and Fees are generated directly after placing the Order. After payment of the Price including Fees, a confirmation email is sent to the Customer to the email address provided when creating the Order.

    5. PRODUCT DELIVERY AND RECEIPT

        5.1. After receiving payment of the Price and Fees, the Operator shall deliver the Product to the Customer no later than 30 days from the date of payment of the Price and Fees for the given Product. The Goods shall be deemed delivered at the moment when the Customer or a person designated by the Customer takes possession of them, or when the Operator hands them over to the carrier appointed by the Customer outside the transport options offered to the Customer by the Operator. In the event of failure to comply with the Operator's obligation under the first sentence, the Customer is entitled to withdraw from the Contract under the conditions set out in legal regulations (Section 613, paragraph 5 of the Civil Code).

        5.2. The ordered Product is sent to the Customer, depending on its nature, to the e-mail address provided when placing the Order or to the delivery address provided when placing the Order.

        5.3. The Customer is obliged to take over the delivered Product. If the Customer does not take over the Product that was properly sent and delivered to him within the period specified in point 5.1., within the collection period specified by the delivery person, the Product will be returned to the Operator's address.

        5.4. In the event of non-delivery of the Product, if the non-delivery of the Product was caused by an act and/or omission on the part of the Customer, the Customer will be refunded the Price paid for the Product, but not the Fees, without prejudice to the provisions on withdrawal from the Contract concluded at a distance.

    6. PRODUCT DEFECT REPORT

        6.1. The conditions for exercising liability for defects by pointing out a defect in the Product and the Operator's procedure are set out in the document "Rules for exercising liability for defects", which is available on the Operator's Website.

    7. SPECIAL PROVISIONS RELATING TO DISTANCE CONTRACTS

        7.1. The provisions of this article of the Terms apply only to Customers who are Consumers and have concluded a Contract with the Operator remotely, i.e. via the Operator's Website.

        7.2. The Consumer is entitled to contact the Trader at the e-mail address: info@intellectwoodtoys.eu, as well as at any time through online communication on platforms according to the Operator's Website.

        7.3. The Consumer acknowledges that the Price of the Products is not determined on the basis of automated decision-making, including profiling.

        7.4. Consumer's instructions on withdrawal from a Distance Contract:

            7.4.1 The Consumer has the right to withdraw from the Distance Contract without giving a reason within 14 days from the receipt of the Goods. The withdrawal period from the Distance Contract is deemed to have been met if the Consumer sends a notice of withdrawal from the Distance Contract to the Trader no later than the last day of the period
            7.4.2 For the purposes of point 7.4.1 (i) of the Terms, the Goods are deemed to have been received by the Consumer if the Consumer or a third party designated by him, other than the carrier, takes delivery of all parts of the ordered Goods, or if (i) the Goods ordered by the Consumer in one Order are delivered separately, at the moment of receipt of the Goods that were delivered last, (ii) the Goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or piece, (iii) the Goods are delivered repeatedly over a certain period of time, at the moment of receipt of the first Goods
            7.4.3 The Consumer may withdraw from a Distance Contract, the subject of which is the delivery of Goods, even before the period for withdrawal from the Contract begins
            7.4.4 The Consumer may exercise the right to withdraw from the Contract concluded at a distance or in paper form by sending it to the address of the registered office of the Operator in the commercial register or other official records or in the form of a record on another durable medium, in particular electronically, by sending the withdrawal to the e-mail address specified in point 7.2 of the Terms. If the Contract concluded at a distance was concluded orally, any clearly formulated statement of the Consumer expressing the consumer's will to withdraw from the Contract concluded at a distance is sufficient to exercise the Consumer's right to withdraw from the Contract. A sample form for withdrawal from the Contract concluded at a distance is available on the Operator's Website. After receiving the withdrawal from the Contract concluded at a distance, the Trader will deliver a confirmation to the Consumer
            7.4.5 The consumer does not have the right to withdraw within the period according to point 7.4.1 if it is stated in the legal regulation, in particular, but not exclusively in the provision of Section 19 of the Consumer Protection Act
            7.4.6 The Consumer is obliged to send the Goods back to the Trader within 14 days from the date of withdrawal from the Distance Contract. The period under this point is considered to have been met if the Consumer sends the Goods back to the Trader no later than the last day of the period
            7.4.7 When withdrawing from the Contract concluded on the Consumer bears the costs of returning the goods to the Trader or to the person designated by the Trader to take over the Goods
            7.4.8 The Consumer is liable for any diminished value of the Goods resulting from handling of the Goods beyond that necessary to establish the properties and functionality of the Goods
            7.4.9 The Trader shall refund to the Consumer the payments (Price and Fees) received from the Consumer based on or in connection with the Distance Contract within 14 days from the date of receipt of the withdrawal. The Trader shall not be obliged to reimburse the Consumer for additional costs if the Consumer has expressly chosen a method of delivery other than the cheapest common method of delivery offered by the Trader. Additional costs shall mean the difference between the costs of delivery chosen by the Consumer and the costs of the cheapest common method of delivery offered by the Trader. The Trader shall be obliged to refund to the Consumer the payments pursuant to the previous sentence to the extent corresponding to the withdrawal from the Distance Contract, unless the Consumer has withdrawn from the entire Distance Contract. The Trader may not charge the Consumer additional fees, unless otherwise stated. The Trader is not obliged to return the payments to the Consumer in accordance with the previous sentence when withdrawing from a distance contract for the delivery of Goods before the Goods are delivered to him or until the Consumer has provided proof of sending the Goods back to the Trader, unless the Trader proposes to collect the Goods in person or through a person designated by him. The Trader is obliged to return the payments to the Consumer in the same way as the Consumer used to pay for them; this does not affect the Trader's right to agree with the Consumer on another method of payment, if the Consumer is not charged any fees in connection with the payment.

        7.5. By accepting these Terms, the Customer declares that he/she has been informed of the possibility of withdrawing from the Contract concluded remotely pursuant to this article.

        7.6. The information obligations of the Operator in connection with the Consumer's complaint of defects in the Product are contained in the document "Rules for Exercising Liability for Defects", which is available on the Operator's Website.

    8. SPECIAL PROVISIONS ON ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES

        8.1. The Consumer has the right to submit a request for redress to the Trader if a dispute arises between the Consumer and the Trader from the exercise of rights under liability for defects or if the Consumer believes that the Trader has violated other rights of the Consumer. For these purposes, the Consumer is entitled to contact the Trader at the address of its registered office specified in the commercial register or other official records, or by e-mail to the e-mail address specified in point 7.2 of the Terms.

        8.2. The consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution entity if the Trader has responded negatively to the request pursuant to point 8.1 of the Terms or has not responded to it within 30 days from the date of its sending.

        8.3. Any disputes arising between the Operator and the Customer, who is a Consumer, can be resolved through alternative consumer dispute resolution pursuant to Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Acts.

        8.4. The list of alternative consumer dispute resolution entities can be found on the Website of the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).

    9. PERSONAL DATA PROTECTION

        9.1. In connection with the operation of the Website or the delivery of Products, the Operator processes Personal Data and ensures the protection of Personal Data of persons (Customers) as data subjects, pursuant to the GDPR Regulation and the Personal Data Protection Act.

        9.2. By confirming these Terms, the Customer confirms that he has been properly, clearly and fully informed by the Operator about all his rights as a data subject and the conditions for processing personal data under the GDPR Regulation and the Personal Data Protection Act.

        9.3. More detailed information on the processing of the Customer's Personal Data and the Customer's rights in connection with the processing of their Personal Data, including the right to withdraw consent to the processing of personal data, is provided in the document "Information on the Processing of Personal Data" available on the Operator's Website.

    10. DURATION OF THE CONTRACT

        10.1. The Contract between the Customer and the Operator is concluded for an indefinite period.

        10.2. The Contract expires:

    (i) by fulfilling the Contract, i.e. by delivering the Goods and paying the Price including Fees, the provisions on withdrawal from the Contract concluded at a distance are not affected.

    (ii) by withdrawal from the Contract by the Customer and/or the Operator in cases stipulated by applicable law and/or these Terms

    (iii) by written agreement between the Customer and the Operator.

        10.3. Withdrawal from the Contract pursuant to point 10.2 (ii) of the Terms must be in writing and demonstrably delivered to the address of the other party. Withdrawal is effective from the date of its delivery to the other party. This provision does not apply to withdrawal from a Contract concluded remotely.

    11. FINAL PROVISIONS

        11.1. These Terms enter into force and effect from the date of publication on the Operator's Website.

        11.2. Legal relationships concluded on the basis of the Contract and/or the Terms not expressly regulated are governed exclusively by the law of the Slovak Republic.

        11.3. If any provision of the Terms (or part thereof) is or becomes invalid, ineffective and/or unenforceable, the validity, effectiveness and/or enforceability of the other provisions of the Terms (or the remaining part of such provision) shall not be affected. In such a case, the Operator shall, without undue delay after it has ascertained that any of the provisions of the Terms (or part thereof) is invalid, ineffective and/or unenforceable, replace the affected provision (or part thereof) with a new provision, the content of which shall correspond to the principles agreed upon in these Terms as much as possible.

        11.4. All disputes arising between the Operator and the Customer from the Contract and/or the Terms or related to the Contract and/or the Terms, including disputes regarding the validity, interpretation, termination of the Contract and/or the Terms, will be resolved by the parties primarily by agreement. In the event that no agreement is reached, the matter will be submitted for decision to the competent court in the Slovak Republic. The provisions on alternative resolution of consumer disputes are not affected.