1. General provisions
The following business and complaints conditions modify the rights and obligations for the contracting parties that result in contract of sale between e-shop seller of brand name Choralis Art, Natália Messner Bakošová, SNP 100, 05342 Krompachy, Company registration number: 37179381 (here after “the seller” ) and the buyer. The subject of this contract is buying and selling goods on seller`s E-shop website.
2. Sellers contact details
Choralis Art – wood decoration
Natália Messner Bakošová, SNP 100, 05342 Krompachy, Company registration number: 37179381.
Tax registration number: SK1020027316
VAT registration number: 37179381
Address Natália Messner Bakošová, SNP 100, 05342 Krompachy
Branch: Družstevná 5, 05342 Krompachy
Phone number: +421 903 800 804
3. Delivery Conditions
3.1. The seller is obliged to deliver the goods to the buyer without any delay, at the latest by 30 days from the date of conclusion of the contract unless agreed otherwise in the contract. If the seller fails to fulfil the obligation the buyer has the rights to appeal for the goods to be delivered within the time requested by the buyer. Delivery within 30 days does not apply for the wholesale consumers and companies, where written agreement for delivery dates must be made depending on actual stock supply and production length. If seller fails to fulfil the obligation in additional deadline, then the buyer has got the rights to back out of the contract.
3.2. The ordered goods will be delivered by courier service Post or some other to the costumer’s address. The price for delivery is calculated by the weight of the whole order. The final sum for delivery is stated in the buyer’s basket, and also in the order invoice. Depending on the delivery country, you might be subject to import duty and tax.
4. Payment conditions
4.1. The buyer is obliged to pay the seller the purchase price inc. delivery costs in cash or by bank credit card by way of online payment CardPay, PayPal or online bank transfer to sellers account stated in the acceptance of an order or on seller`s website when ordering the product.
4.2. Natural persons (individual) and legal persons that have Vat number: EU VAT, are entitled to goods to be supplied exempt from VAT.
5. Complaints conditions
5.1. In case of a complaint please contact the seller via contact form in e-shop section https://choralis.art/contact/ or e-mail on:firstname.lastname@example.org
5.2. The buyer has the right to a free of charge repair within 30 days if the goods have a defect that can be eliminated.
5.3. The seller is obliged to eliminate the defect without any delay. The buyer can ask to exchange the goods instead to eliminate the defect or to eliminate the defect only of one part or the exchange of this part as long as for the seller there will not arise inadequate costs concerning the price of the goods or significance of a defect.
5.4. The seller reserves the rights to replace the defective goods for a non-defective with same or better technical parameters provided that it will not cause the buyer any significant difficulties.
5.5. The buyer is obliged to examine when receiving the goods if the goods were delivered without any defects. In case of any damage, the buyer must immediately take a photo of the goods and send the photos on the email address in form of complaint to email@example.com
6. Protection of Personal data
6.1. The contracting parties agreed that in case the buyer is natural person – he/she is obliged in the order to notify the seller with the name, surname, permanent address inc. post code, phone number and e-mail.
6.2. The contracting parties agreed that if the buyer is a legal person he is obliged in his order to notify the seller with trade name, company address inc. post code, registered business number, phone number and email.
6.3. The buyer can any time to check or change the given personal data as well as to cancel the registration after login to e-shop in section “My Account”.
6.4. The seller is obliged to handle and treat the buyer’s personal details in accordance with valid legal regulations of SR.
Protection of Personal Data
Definition of used terms
The law No. 136/2014 of Coll. of Laws, the complete wording of the law No. 122/2013 of Coll. on protection of personal data and on changes and amendments of some laws as it follows from the changes and amendments executed by the law No. 84/2014 of Coll., hereafter, as “Law”
ÚOOÚ- Office for Protection of Personal Data
OÚ- Personal Data
IS OÚ – Information System Systematically Processing the OU
The Operator– the one who is processing personal data in IS OU
Authorized person– natural person (individual), who was instructed according to § 21 of Law.
Person concerned– individual, citizen, who is an e-shop customer. The Law does not apply
to self-employed person (SZČO) or to other business entity.
Intermediary– entity authorized by the Operator, processing OU of the concerned person
in the name of the operator (e.g. accounting company)
Third Party is everybody who is not the person concerned, providing personal data by the operator, his/hers representative, intermediary or authorized person.
IS e-shop (E-shop) – can be defined as remote sale of goods eventually services by means of the internet. On the one hand of a business relationship is e-shop operator, i.e. the seller and on the other is e-shop customer i.e. the buyer. Business relationship concludes a business contract. IS is processing OU, necessary for contract conclusion and delivery of goods and services.
IS marketing – IS processes data necessary for sending newsletters and adverts etc.
Name, surname, address and email can also be OU.
IS loyalty program, competition etc.
IP address, cookies– data which are stored into PC and serve for identification of PC
They do not contain OU, it is computer identification not the person concerned.
E-mail address– electronic postal address of the person concerned.
According to §15 par.1 of Law, the operator notifies the person concerned with this information:
Trade name for e-shop: www.choralis.art
The operator: Natália Messner Bakošová, SNP 100, 053 42 Krompachy, IČO: 37179381.
Intermediary: EDAMS, s.r.o., Maurerova 51, 053 42 Krompachy, IČO: 36809152.
General Logistics Systems Slovakia s.r.o. (GLS), Lieskovská cesta 13, 962 21 Lieskovec, IČO: 25642642.
Slovenská pošta, a. s., Partizánska cesta 9, 975 99 Banská Bystrica
For the conclusion of a business contract and delivery of goods or services, the operator needs data on the customer. If the customer is a business entity then the operator is processing the following details: trade company name, IČO, DIČ, IČ DPH (if he pays VAT), invoice and delivery address. In this case OÚ are not processed. Exceptionally OÚ can also be processed e.g. the name of a firm employee, phone number, email address if goods are received by hand, the courier has to identify (e.g. sale on invoice). If the costumer is not a business entity, but a citizen, then the operator is processing the following data: name and surname, invoice and delivery address, phone number and customers email, i.e. the person concerned. The purpose for processing customer’s personal data is the conclusion of a business contract and delivery of goods or services, alternatively for the seller’s fulfilment of complaints obligations.
The person concerned does not give consent to processing OÚ and also can not withdraw the consent.
OÚ processing time is conditioned by other laws that concern the conclusion of a business contract. OÚ are provided to intermediary for processing of accounting documents and to the third parties for a shipment delivery to the person concerned- e-shop customer. OÚ are disclosed only according to § 10 par. 2 of Law.
Legal basis of OÚ processing of the person concerned in IS e-shop is § 10 par. 3 letter b)
IS loyal customers (loyalty program)
E-shops regular customers receive discount. For joining the loyalty program the person concerned gives a voluntary consent for processing their OÚ. The operator processes the same OÚ, as applies in e-shop. The loyalty program even it is an independent IS is connected with e-shop. OÚ serve exclusively for offering shopping discounts. OÚ are provided to intermediary for processing accounting documents. Validity period of the consent of the person concerned is 5 years and the person concerned can withdraw the consent in writing any time.
The consent withdrawal is not retroactive. The operator will not perform a cross-border OÚ transfer to the third world countries. OÚ are available only according to§ 10 par. 2 of Law.
Legal basis of OU processing in IS loyal customers (loyalty program) is § 11 par.1- of Law – demonstrable voluntary consent of the person concerned.
The operator is processing OÚ of the person concerned when sending newsletters. The person concerned gives a written consent for processing of personal data before they are processed. One’s own consent is voluntary, the form of an on-line click-through agreement. The consent is not conditioned by anything.
The operator processes the following personal data: email address. OÚ serve only for sending commercial information. The validity period of a consent of the person concerned is 5 years and the person concerned can withdraw the consent in writing any time. The consent withdrawal is not retroactive.
The operator does not perform a cross-border OÚ transfer into the third world countries OÚ are available only according to § 10 par. 2 of Law.
Legal basis for processing of OÚ in IS marketing is § 11 par.1 of Law – demonstrable voluntary consent of the person concerned.
According to § 16of Law, the person concerned i.e. e-shop customer is obliged to provide only truthful personal data to IS. Who provided false personal data to IS is responsible for it. Personal data are considered correct until the contrary is proved.
In case of any changes, the person concerned can update the OU after login into e-shop by himself/herself. The person concerned is obliged to use his/her own chosen password or operator allocated password when login into e-shop. In case of password misuse and carrying out purchase in the name of the person concerned, the operator takes no responsibility. In case of any damage to operator caused by providing incorrect data, the operator can ask the concerned person for recovery of incurred loss.
According to § 17 of Law is:
(1) The operator is obliged to erase OU without any delay after processing purpose is completed.
(2) Paragraph 1 is not used if personal data are part of registry record.
The operator ensures liquidation of registry record according to special regulation.
(3) The operator ensures liquidation of personal data without any delay apart
of personal data stated in § 10 par. 3 letter d) even if the reasons ceased that did not enable to get an approval of the person concerned according to the law § 11 par. 4 and the consent was not given.
(4) If person concerned raise an objection according to the law § 28 par. 3 letter a), the operator is obliged to liquidate processed personal data without any delay except personal data stated in § 10 par. 3 letter d)
(5) If person concerned raise an objection according to law § 28 par. 3 letter a), the operator is obliged to finish the use of personal data without undue delay stated in § 10 par. 3 letter d) in postal contact.
(6) If person concerned raise on objection according to § 28 par. 3 letter a), the operator is obliged to notify each person in writing without undue delay no later than 3 working days,
to whom he provided personal data stated in § 10 par. 3 letter d), prohibition for the operator and each person to provide mentioned personal data any further to whom they been given from the day following the date of receipt of the objection regarding the person concerned, alternatively receipt of operators written notification.
According to § 18 of Law if the operator has been notified by the person concerned or if the person concerned use his/hers right to operator or if the operator discovers himself that he gave the third party incorrect, incomplete or not current personal data or if he provided them without legal basis, he is obliged without undue delay to notify each person to whom he provided it in writing.
The operator states in his notification, what he has done to rectify his action, especially if he blocked, corrected, updated or liquidated the personal data and what measures he requires from the third party.
According to § 28 of Law the person concerned can claim the following rights against the e-shop operator:
(1) The person concerned reserves the rights on the basis of written request to claim from the operator
a) confirmation of his/hers personal data are or are not processed,
b) in general comprehensible form the information on processing of personal data in information system according to law § 15 par. 1 letter a) second to sixth point; when decision is issued according to paragraph 5 the person concerned reserves the right to be acquainted with procedure and evaluation of operations,
c) in general comprehensible form the exact information on source from that his/her personal information was obtained of processing,
d) in general, comprehensible form list of his/her personal information that are the subject of processing,
e)correction or liquidation of his incorrect, incomplete or non-current personal data, that are subject of processing,
f) liquidation of his personal data, which subject of processing was concluded; if the official documents containing personal data are subject of processing, one can ask for their return,
g) liquidation of his personal data, which are subject of processing, if it came to breach of law, blocking of his personal data due to withdrawal of the consent before expiry date if the operator processes personal data of the person concerned on the basis of his consent.
(2) The right of the person concerned according to paragraph 1 letter e) and f) can be restricted only if this restriction that follows from a specific law or by its application, the protection of the person concerned would be violated, or the rights and freedom of other persons would be violated.
(3) The person concerned reserves the rights on the basis of written request to object at the operator against
a) processing of their personal data, that he assumes are or will be processed for the purpose of direct marketing without his consent and ask for their liquidation,
b) use of personal data stated in § 10 par. 3 letter d) for purpose of direct marketing in postal contact or
c) providing of personal data stated in § 10 par. 3 letter d) for the purpose of direct marketing.
(4) The person concerned on the basis of written request or personally if the matter cannot be postponed has the right to object to operator any time against processing of personal data in cases according to law § 10 par. 3 letter a),
e), f) or g) expressing his/her rightful reasons or presentation of evidence on illegitimate interference in his/hers rights and by protected interests which are or may be in specific cases damaged by this way of processing personal data; if lawful reasons don`t prevent
and is proved that the objection of the person concerned is rightful, the operator is obliged to block and liquidate all personal data of the person concerned without undue delay and immediately when possible.
(5) The person concerned on the basis of written request or personally if the matter cannot be postponed
Has the right to object at any time to operator and not to submit to operator’s decision that could have legal consequences or importance for the person concerned if such a decision is made solely on basis of automatic processing of his/her personal data. The person concerned has the right to demand the operator to review the issued decision by different method from automatic form of processing where the operator is obliged to comply with request from the person concerned by allowing the person concerned have the deciding role with decision of the inquiry; on the method of the review the operator informs the person concerned on final investigation in due time according to § 29 par. 3.
The person concerned does not have this right only in case of a specific law, that modifies provisions for protection of legitimate interests of the person concerned or if under pre-contract terms or during contract terms the operator made a decision where he complied with a claim of the person concerned or if the operator took appropriate arrangements on the basis of the contract for protection of eligible interests of the person concerned.
(6) If the person concerned applies his/her right
a) in writing and the from the content of his/her request follows that she/ he applies the right, then the request is considered submitted according to this law; request submitted by e-mail or by fax must be delivered in written form at latest within 3 days from the day of its sending,
b) in person by verbal form recorded in minutes, where must be clear, who used the right, what is claimed, when and who made the minutes, his signature and signature of the person concerned, the operator is obliged to give the person concerned a copy of the minutes,
c) at intermediary according to letter a) or letter b), is obliged to devolve this request or minute to the operator without undue delay.
(7) The person concerned on suspicion that his/her personal data are processed without authorization can file a proposal to the authority for an initiation of a procedure on protection of personal data.
(8) If the person concerned has no legal capacity 15) his/her right can be applied by a legal representative .16)
If the person concerned is not alive, the rights her /his rights that had according to this law can be applied by a close person.17)
According to § 29 of Law the operator is obliged to deal with the request of the person concerned according to § 28 par. 1 letter a) to c), e) to h) and paragraph 3 to 5 the operator settles free of charge.
The request of the person concerned according to § 28 par. 1 letter d) the operator settles free of charge apart from the amount of compensation which cannot exceed the amount of effectively invested materials connected with making of copies, obtaining of technical carriers and sending information to the person concerned, unless stated otherwise in specified law.
The operator deals with request of the person concerned in writing according to paragraphs 1 and 2 no latest within 30 days from the date of delivery of the request.
According to § 19 of Law the e-shop operator accepted safety measurements for processing
OÚ, that are documented in the operators Safety measurements.