Article 1: Introductory Provisions

These general terms and conditions (hereinafter referred to as "GTC") govern the rights and obligations of MOE Kids s.r.o., with its registered office at Laurotová 3, 831 02 Bratislava - Nové Mesto, Slovak Republic, ID: 48 174 319, VAT ID: 2120091556, VAT ID: SK2120091556, registered in the Commercial Register of the Bratislava I District Court, section: Sro, File No. 104412/B (hereinafter referred to as the "Seller") and the buyer (hereinafter referred to as the "Buyer") when purchasing goods offered by the Seller through electronic commerce on the website www.moe4kids.com (hereinafter referred to as the "E-shop") and are an integral part of the purchase agreement concluded between the Buyer and the Seller remotely via the E-shop (hereinafter referred to as the "Purchase Agreement").

These GTCs apply to the purchase of goods ordered through the E-shop.

All relations between the Buyer and the Seller, which are not regulated by these GTCs, are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code as amended. If the Buyer is a consumer, relations not regulated by these General Terms and Conditions are governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection and Act No. 102/2014 Coll. seller's premises.

A buyer is a natural or legal person who orders goods electronically through the E-shop.

Consumers are understood to:

1. a natural person who, when concluding and fulfilling a consumer contract, is not acting within the scope of his commercial activity or other business activity (§ 52 paragraph 4 of Act No. 40/1964 Coll. Civil Code),
2. a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession (§ 2 letter a) of Act No. 250/2007 Coll. on consumer protection).

Electronic order is a sent electronic form processed by the E-shop system, containing information about the Buyer, a list of ordered goods from the E-shop offer and the total price of these goods.

Goods are understood as all products listed in the E-shop offer.

 

The body supervising the Seller's activities is:

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Bratislava region

Prievozská 32, P.O. Box 5

820 07 Bratislava 27

 

Seller contact details for Buyer:

MOE Kids s.r.o.,

with registered office at Laurotová 3, 831 02 Bratislava - Nové Mesto, Slovak Republic,

ID number: 48 174 319,

TIN: 2120091556,

VAT number: SK2120091556

registered in the Commercial Register of the District Court Bratislava I., section: Sro, insert No. 104412/B

Phone: +421 907 130 152

 

E-mail: moe@moe4kids.com (general information)

            info@moe4kids.com (order information)

 

Article 2: Order of goods

The order is created based on the confirmation of the goods placed in the basket in the E-shop. In order to process the order correctly, it is necessary to fill in the required information and choose shipping and payment options.

The order becomes binding upon electronic delivery to the Seller. An accepted order is considered a draft Purchase Agreement and is binding.

The purchase contract between the Seller and the Buyer is created based on the binding confirmation of the order in the Seller's system. After creating an order in the E-shop, the buyer will automatically receive an e-mail confirming the receipt of the order by the E-shop. At the same time, the registered Buyer's order will be available in the Account Management section after logging in.

 

Article 3: Cancellation of the order

The Buyer has the right to cancel an order free of charge that has not yet been processed and shipped by the Seller. In this case, contact us as soon as possible at the e-mail address info@moe4kids.com and state the order number. If the Buyer has already paid part or all of the purchase price, this amount will be returned to the Buyer without undue delay, but no later than 14 days.

Cancellation of an already shipped order is possible for a fee equal to the shipping costs. In case of cancellation of an already dispatched order by the Buyer, the Seller reserves the right to calculate a fee in the amount of transport costs against the paid purchase price and to send the excess amount to the Buyer's account. The purchase price less shipping costs will be returned to the buyer's account only after the canceled goods have been delivered to the Seller's address. Do not send cancelled goods on cash on delivery, this type of shipment will not be accepted.

The Seller reserves the right to cancel the Buyer's order for goods that he will not be able to deliver due to being sold out. The Buyer will be notified immediately by phone or e-mail about the cancellation of the order. If the Buyer has already paid part or all of the purchase price, this amount will be returned to the Buyer without undue delay, but no later than 14 days.

 

Article 4: Purchase Price

The purchase price of goods offered by the Seller through the E-shop is always listed next to the selected goods, including VAT. All purchase prices listed for items are final. To the purchase price of the goods is added the shipping cost according to the chosen delivery method.

The Seller reserves the right to change the purchase price in justified cases, he is obliged to inform the Buyer about this change in the purchase price, and at the same time as fulfilling the order with the new purchase price, the Buyer must express the acceptance of this purchase price. Otherwise, the Buyer has the right to withdraw from the Purchase Agreement without any cancellation fee.

 

Article 5: Payment Terms

The seller allows one of the following payment methods:

1. Payment by bank transfer;
2. Payment on delivery;
3. Payment via PayPal and GoPay.

More information about payment options can be found in the separate section Shipping and Payments.

 

Article 6: Terms of Delivery

The goods are delivered in the following ways:

1. through Slovak Post;
2. via courier service;
3. through the company Zásielkovňa.sk.

Orders will be processed as soon as possible, usually within 1-3 working days, but up to 7 working days. The Buyer is informed about the dispatch of the order by e-mail within 24 hours of dispatch.

The delivery time of the goods is extended by an additional 1 to 3 working days in the case of delivery of the goods by Slovak Post, a courier company or delivery to a selected delivery point of Zásielkovňa.sk.

If you have not received the goods or the notice of storage at the post office even within 7 days of receiving our e-mail about the shipment, please contact your delivery post office and us at the e-mail address info@moe4kids.com.

If you have not received the goods or the notice of storage at the selected delivery point of the Zásielkovňa.sk company even within 7 days of receiving our e-mail about the shipment, please contact us at the e-mail address info@moe4kids.com. Also, please contact us if the goods are not delivered to you by the courier company even within 7 days of receiving our e-mail about the shipment.

The seller sends the goods well-packed and secured. The buyer is obliged to inspect the shipment upon receipt and, if possible, check its completeness and integrity. Do not accept a visibly damaged shipment (damaged package packaging, etc.)! Report any discrepancies or errors immediately. Later claims for damage to the shipment or quantity of goods will not be accepted by the Seller.

After the full amount has been credited to the Seller's account, including the selected postage, or in the event that the Buyer chooses the payment method in cash on delivery (cash on delivery), the goods will be sent to the Buyer within 3 working days.

The seller reserves the right to extend the delivery time in case of unforeseen circumstances. The Buyer will be informed immediately about the extension of the delivery time.

You can find more information about the delivery options in the separate section Shipping and Payments.

 

Article 7: Transfer of Ownership

The ownership right passes from the Seller to the Buyer only at the moment of payment of the purchase price.

Warranty period

All sold goods are provided with a statutory warranty period of 24 months, which begins on the day the goods are received by the Buyer.

Each order is accompanied by a tax document (invoice), which also serves as a warranty card. In the event of a missing tax document, please inform us as soon as possible by e-mail at info@moe4kids.com or by phone (at +421 907 130 152).

The e-shop guarantees the Buyer for:

1. compliance with the price that was valid at the time the order was sent by the Buyer;
2. delivery of the goods in such a way that they are not damaged;
3. delivery of goods in the quantity and assortment as specified in the order.

The e-shop is not responsible for:

1. delayed delivery of goods caused by the delivery person (by post, courier company or Zásielkovňa.sk);
2. delayed delivery of goods caused by an incorrectly specified address of the recipient;
3. damage caused by the delivery person (post, courier company or Zásielkovňa.sk).

Article 8: Consumer contracts and instructions on the right to withdraw from the contract

In the event that the Purchase Agreement is concluded through remote means (in this case, electronic commerce on the Internet) and in the event that the Seller has timely and properly provided the Buyer, as a consumer, with information about the right to withdraw from the agreement pursuant to § 3 par. 1 letter h) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises (hereinafter referred to as the "Consumer Protection Act"), the Buyer as a consumer is entitled even without giving a reason according to the provisions of § 7 par. 1 of the Consumer Protection Act to withdraw from the Purchase Agreement within 14 days of receiving the goods. According to § 7 par. 4 of the Consumer Protection Act, the goods are considered to have been taken over by the consumer at the moment when the consumer or a person designated by him, with the exception of the carrier, takes over all parts of the ordered goods or if:

1. goods ordered by the consumer in one order delivered separately, at the time of receipt of the goods that were delivered last,
2. delivered goods consisting of several parts or pieces, at the time of receipt of the last part or piece,
3. goods delivered repeatedly during the specified period, at the time of acceptance of the first delivered goods.

The buyer can stand from the Purchase Agreement, the subject of which is the delivery of goods, even before the expiry of the withdrawal period from the Purchase Agreement.

The buyer as a consumer cannot withdraw from the contract, the subject of which is:

1. the provision of a service, if its provision has been started with the express consent of the consumer and the consumer has declared that he has been properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service has taken place,
2. the sale of an item made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer.

The buyer can exercise the right to withdraw from the contract according to § 7 par. 1 of the Consumer Protection Act with the Seller in one of the following ways:

1. in written form, i.e. in the form of registered mail addressed to the address of the Seller's headquarters,
2. by sending an electronic mail message (e-mail) to the Seller's electronic mail address info@moe4kids.com.

To withdraw from the contract, the buyer can use the "Withdrawal Form" form, which can be found in the separate section Return, exchange and complaint of goods.

The deadline for withdrawal from the contract is considered to have been met if the notice of withdrawal from the contract was sent to the Seller no later than the last day of the deadline according to § 7 par. 1 of the Consumer Protection Act.

The buyer is obliged to send the goods in an undamaged condition, without any signs of use or wear and with all the documentation that was delivered to the buyer together with the goods, back to the address of the Seller's headquarters within 14 days at the latest from the day of withdrawal from the contract. The period according to the first sentence is considered to have been preserved if the goods were handed over for transport on the last day of the period at the latest. We recommend sending the goods as registered mail or parcels. Do not send cash on delivery, this type of shipment will not be accepted.

The Seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the contract, to return to the Buyer all payments received from the Buyer on the basis of the contract or in connection with it, reimbursement of transport costs, delivery and postage and other costs and fees. The Seller is obliged to return these payments to the Buyer in the same way that the Buyer used for payment. The Buyer and the Seller may agree on another method of payment, provided that no additional fees are charged to the Buyer in connection therewith. The Seller is not obliged to return the payments mentioned above to the Buyer before the goods are delivered to him or if the Buyer does not prove that the goods have been sent back to the Seller.

When withdrawing from the contract, the Buyer pays only the costs of returning the goods to the Seller.

The provisions of Article 8 of these GTCs expressly do not apply to entities that do not meet the definition of a consumer.

 

Article 9: Claims of goods

The Buyer has the right to claim liability from the Seller for defects in goods relating only to goods that show defects for which the Seller is responsible, are covered by a warranty and were purchased from the Seller through the E-shop.

If it is a defect in the goods that can be removed, the Buyer has the right to have this defect removed free of charge, in a timely manner and properly. The seller is then obliged to remove this defect without undue delay. If the claimed defect is not provable or if it is proven that it is not a warranty defect, the claim will be rejected.

Instead of removing the defect, the Buyer may request the replacement of the goods, or, if the defect concerns only a part of the goods, the replacement of this part, if this does not result in unreasonable costs for the Seller in relation to the price of the goods or the severity of the defect.

Instead of removing the defect, the Seller can always replace the defective goods with a good one, if this does not cause any problems for the Buyer.

If it is a defect in the goods that cannot be removed and which prevents the goods from being used correctly as a thing without defects, the Buyer has the right to exchange the goods or withdraw from the purchase contract. The same rights belong to the Buyer even if the defects are removable, but the Buyer cannot use the goods properly due to the reappearance of the defect after repair or due to a greater number of defects.

If there are irreparable defects, the Buyer has the right to a reasonable discount on the price of the goods.

The complaint must be made without undue delay, immediately after the defect has appeared. Any delay in the continued use of the goods may cause the defect to worsen, and the product to deteriorate and may be the reason for the rejection of the claim.

If the product shows defects, the Buyer has the right to file a claim with the Seller by delivering the claimed goods together with proof of payment and a notice of claim to the Seller's return address (MOE Kids s.r.o., P.O.BOX 10, 830 03 Bratislava (return via Slovak/Czech Post)). Do not send cash on delivery, this type of shipment will not be accepted. The buyer is obliged to truthfully state all the required information in the notice of claim.

You can find the "Complaint Notice" form in the separate section Return, Exchange and Claim of Goods.

The buyer can make an upla notification filing a claim in any of the following ways:

1. in written form, i.e. in the form of a registered letter sent to the address of the Seller's registered office,
2. by sending an electronic mail message (e-mail) to the Seller's electronic mail address info@moe4kids.com.

The complaint procedure begins on the day when all of the following conditions are met:

1. delivery of the notice of claim and proof of payment for the goods to the Seller,
2. delivery of the claimed goods from the Buyer to the Seller.

The Seller is obliged to inform the Buyer about the legitimacy of the complaint and about the procedure for handling it within 3 working days from the beginning of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the day of the initiation of the complaint procedure. In the case of a justified complaint, the seller undertakes to handle the complaint within 30 days from the day the complaint is made.

In the event of an unauthorized complaint, the goods will be returned to the Buyer with the relevant opinion.

Claims for product defects expire:

1. if the defects were caused by mechanical damage to the product by the Buyer;
2. if the defects were caused by improper handling of the product, in a way other than that indicated in the instructions for use,
3. by not reporting obvious defects upon receipt of the goods;
4. if the defects were caused by using the goods in conditions that do not correspond to the natural environment of the goods due to their humidity, chemical and mechanical effects;
5. if the defects were caused by neglecting the care and maintenance of the goods;
6. if the defects were caused by the use of the goods contrary to its purpose, general principles or other violation of the warranty conditions.

The warranty does not cover normal wear and tear of the product (or part thereof) caused by use and washing of the product, which naturally changes the appearance of the product.

If the Buyer is not satisfied with the way in which the Seller handled his complaint or if he believes that the Seller has violated his rights, he has the option to contact the Seller with a request for redress. If the Seller rejects the rectification request or does not respond to it within 30 days from the date of its dispatch, the Buyer has the right to submit a proposal for the initiation of alternative dispute resolution in accordance with § 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution as amended. The competent entity for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, www.soi.sk or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at page http://www.mhsr.sk). The consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to turn to. The consumer can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative resolution of his dispute.

The provisions of Article 9 of these GTCs expressly do not apply to entities that do not meet the definition of a consumer.

 

Article 10: Rights and obligations of the contracting parties

The parties to the contract are the Seller and the Buyer.

The buyer is obliged to:

1. take over the ordered goods;
2. pay the agreed payment for the goods to the Seller;
3. check the integrity of the package or the goods themselves when they are received.

The seller is obliged to:

1. deliver the goods to the Buyer in the required quality, quantity and at the agreed price;
2. together with the goods or additionally send the Buyer all documents related to the goods, such as the invoice for the goods, and instructions for use.

 

Article 11: Protection of personal data

More information can be found in the separate Privacy section.

 

Article 12: Other Important Information

The seller is a VAT payer.

The goods are delivered based on the sample (photo) shown on the Seller's online store page. Photos (images) assigned to individual goods are illustrative. Differences between the photos and the delivered goods are not a reason for withdrawal from the contract by the Buyer, if the Seller delivers the ordered goods to the Buyer.

Registration is not a condition of purchase.

 

Article 13: Final Provision

The Seller and the Buyer undertake to maintain the confidentiality of information and data obtained during the implementation of this contractual relationship for at least 12 months after the end of the contractual relationship.

The Seller reserves the right to change and supplement these general terms and conditions even without prior notice to the Buyer. In the event of a change in the general business conditions, the entire purchase process is governed by such general business conditions that were valid at the time the order was sent by the Buyer.

These General Terms and Conditions come into effect on 01/01/2019.