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GENERAL TERMS AND CONDITIONS

  1. INTRODUCTION

This document represents the general terms and conditions that govern the use of website (www.turcani.com) (the “Website“) and the purchase of products on the Website based on the purchase contract concluded between Sack s.r.o. (the “Seller” or “us”) and you as a customer (the Customer“ or you) through the Website (the "Terms") (the Seller or us and Customer or you jointly as the “Parties”).

The Seller reserves the right to amend these Terms from time to time without prior notice. It is your responsibility to read them periodically, as the Terms at the time of concluding of the relevant contract shall be those that apply and constitute the inseparable part of the contract.

If you have any questions or uncertainties regarding the Terms, you may contact us on the address stipulated below in these Terms.

The contract may be executed in languages which are available on the Website.

  1. OUR DETAILS

Sale of goods through the Website is carried out by the company Sack s.r.o., company ID No. (IČO: 52212718), with its registered seat at Dunajská 8, Bratislava - mestská časť Staré mesto 811 08, Slovak Republic, registered with the Commercial Register of the District Court Bratislava I, Section Sro, Insert No.: 135413/B, with e-mail address hello@turcani.com.

Supervisory authority:

Slovenská obchodná inšpekcia

Inšpektorát SOI pre Bratislavský kraj

Prievozská 322, P.O.Box 5, 820 07 Bratislava 27

  1. YOUR DETAILS AND YOUR VISITS TO THE WEBSITE

The information or personal details that you provide us shall be processed fully in accordance with Data Protection Policy, the current version of which is available on the Website. When you use the Website, you agree to the processing of the information and details and you state that all information and details provided are true, complete and correspond to reality. You bear the full responsibility for providing us with true, complete and real personal data under respective regal regulations.

  1. USE OF THE WEBSITE

When you use the Website and place orders through it, you agree to:

  1. use the Website to make enquiries and legally valid orders only;
  2. not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities;
  3. provide us with your e-mail address, postal address and/or other contact details truthfully, completely and exactly. Please note that the contact details are necessary for delivery of the goods cointained in your order. You also agree that we may use this information to contact you in the context of your order if necessary (see our Data Protection Policy).

If you do not provide us with all the required information, you cannot place your order, as we will not be able to deliver the goods.

  1. PRICES AND DELIVERY CHARGE

The prices and offers displayed on the Website are valid at the time they occur, unless other specific terms are stated on the Website. The prices displayed online include the statutory Value Added Tax (VAT) and  delivery charge. We are not responsible for individual custom tax conditions and do not bear any costs related to any customs payments.

As payment methods for payment for you order we accept credit/debit card payments placed via Paypal and Stripe. We do not accept cash on delivery nor invoice payments.

  1. ORDERS

When you place an order on the Website, you state that you are over the age of 18 and are legally eligible to enter into binding purchase contract and fully accept the Terms. Moreover, you declare and confirm that before placing an order we have sufficiently informed you about acts necessary for conclusion of the purchase contract by describing them in these Terms, located at the respective subpage of the Website.

The information contained in the Terms and the details contained on the Website do not constitute an offer of sale, but rather an invitation to enter into a contract. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. Each order submitted constitutes an offer to purchase goods from us. Orders are subject to our acceptance. Beware that by placing an order you are obliged to pay for the goods you order. After doing so, you will receive an email confirming receipt of your order. If your order is not accepted and your account has already been charged, you shall be reimbursed in full.

You will be informed of our acceptance via email in which we will confirm that the order is being sent. The purchase contract between the Seller as a seller and Customer as buyer to purchase a product (the "Contract") is concluded only when the Seller provides the Customer with the confirmation on receipt of the payment.

  1. PRODUCT PRESENTATION AND INFORMATION

Whilst we strive to be very thorough regarding our product descriptions, product images and product colors, sometimes there might occur small differences. We cannot guarantee that the colors of items are reproduced completely and accurately. The colors of the goods depicted on the Website may depend on the type of your device you use to access the Website the settings of your device as well as the internet browser you use to access the Website.

  1. DELIVERY

Our standard delivery area which you can choose at your order is within the European Union (the “EU”). We strive to keep the delivery time as short as possible and for EU shipments within 5 working days from the date of receipt of payment for your order to our bank account.

We are happy to ship our goods also outside the EU. We do not ensure the 5 working days delivery period for outside-EU shipments.

Unless agreed otherwise, delivery shall be made to the delivery address indicated by you. Delivery may only be made to countries indicated by the Seller. The Seller shall inform the Customer of the delivery deadline during the course of the ordering process and in the shipping information. Orders submitted on weekends and public holidays will be processed the following business day. We aim to deliver your order within the estimated timeframes but delays may occur.

If it is impossible for us to deliver your order to the designated address your order will be returned to our warehouse of which we will inform you at our earliest convenience.

We are not responsible for delayed delivery of goods caused by the third party courier services.

  1. TRANSFER OF LIABILITY AND OWNERSHIP OF THE GOODS

The liability for the goods shall be transferred from the Seller to the Customer from the moment of delivery to you or the person authorized by you to dispose with the order.

The ownership of the goods is transferred at the moment when we receive the payment for the goods (including delivery costs) or at the moment of delivery, whichever occurs later.

  1. WITHDRAWAL OF THE CONTRACT AND WARRANTY

10.1 Statutory right of withdrawal from the Contract

If you are contracting as a consumer pursuant to applicable legislation you have the right to withdraw from the Contract, within 14 days, from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from receipt of the last item, without giving any reason.

If you decide to withdraw from the Contract, we will return to you all payments received from you, including delivery and postage charges to the original delivery place without any undue delay, and at any rate, within 14 days of the date on which the withdrawal of the Contract has been delivered to us. Notwithstanding the foregoing, we may withhold reimbursement until we have received the unused goods back or you have supplied us with evidence of having sent the unused goods back to us, whichever occurs earlier.

In case of withdrawal, you shall deliver the unused goods back to us at the address of the registered seat of the Seller, unless provided the different address for return of the goods. Shipping costs for return of the unused goods back to us will be reimbursed to you together with the return of all other payments received from you in connection with your withdrawn Contract upon receival of a written confirmation of the amount of the shipping costs for return of the unused goods.

Please address any and all communication regarding your withdrawal from the Contract to our e-mail address: hello@turcani.com. For withdrawal from the Contract please use the Notice of withdrawal from the Contract Form displayed on our website, which also forms Annex 1 to these General Terms and Conditions.

10.2 Warranty

All goods being sold on the Website are subject to 24-month warranty period that starts from the moment you or person authorized by you have received the ordered goods (the “Basic warranty”).

We guarantee our customers for delivery of goods in quality and assortment specified in the order.

The Basic warranty covers defects of the goods at the time of their delivery to you or person authorized by you and defects which occurred later as a result of such defects. During the Basic warranty period you are entitled to request repairs of the faulty goods or its part.

The Basic warranty does not cover damages caused by misuse, regular wear and tear, damages caused by external impacts or damages occurred during shipping of the goods caused by the carrier. If the request for repairs of the goods is valid, the product in question will be at the sole discretion of Seller either repaired or replaced for the new one. If the defect can not be removed and prevents a proper use of the goods as a faultless thing, the Customer has the right to an exchange of the goods or to withdraw from the Contract. If the goods have other irreparable defects, the Customer has the right to a reasonable discount from the purchase price of the goods. After expiration of the Basic warranty, the Seller additionally provides a limited double lifetime warranty which only cover normal use of all goods purchased on the Website (the “Double lifetime warranty”) exclusively by the initial customer or his/her legal heir (the “Authorized customer”). The Seller hereby warrants only to the Authorized customer that purchased goods will be free of any defect in materials for the life of the goods. The Double lifetime warranty doesn’t cover cosmetic damage, such as scuffs, stains, scratches, and other wear and tear that doesn’t affect the goods’ functionality or damages caused by overloading or other improper use of goods. 

In the case of a legitimate claim from the Double lifetime warranty, the Seller, at its sole option, is obliged to either repair or replace the defective goods provided the Customer paid an administrative fee in the amount of 10 EUR and returned the faulty goods in secure packaging at its own cost to Seller’s address at Krasinského 5, 821 04 Bratislava, Slovakia.

For warranty claim to be processed you must present a receipt and/or the Contract and a hereditary title in case of submission of Double lifetime warranty claim by legal heir.

In the case of an authorized warranty claim, we reimburse the return shipping costs related to shipping of the faulty goods upon receival of a written confirmation of the amount of the shipping costs for return of the faulty goods.

In the case of an unauthorized warranty claim, we do not reimburse any shipping costs related to such unauthorized warranty claim.

Please address any and all communication regarding your warranty claims to our e-mail address: hello@turcani.com. For your warranty claims please use the Warranty Claim Notice Form displayed on our website, which also forms Annex 2 to these General Terms and Conditions.

  1. INTELLECTUAL PROPERTY

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all goods, materials or contents provided as part of the Website belong to us at all times or to other persons who duly authorized us for the use of their intellectual property.

Our website might contain pictures, photos, graphics, illustrations and / or images which are obtained from public photobanks such as https://unsplash.com/ and which may be subject to third party intellectual property rights. We declare that their use does not infringe any intellectual property rights of any third parties and is performed on the basis of a valid and enforceable legal title.

  1. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You shall not use of the Website in contrary to the good morals, e.g. by intentionally introducing viruses, Trojans, worms, logic bombs or any other software which might be potentially harmful to the Website or the Seller. You shall not attempt to make unauthorized access to the Website, the server on which the Website is hosted or any server, computer or database related to the Website or to attack the Website by any means. You are not entitled to use the Website for the purpose of sending of spam or chain messages and for the purpose of creating false messages in order to mislead other users of the Website.

Failure to comply with this clause might be considered breach of law under the applicable regulation. In this respect we will report any breach or any information indicating that the breach of law have occurred to the competent authorities and we will co-operate with the competent authorities in full extent for the purpose of identification of the person responsible.

In case the Website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatsoever over the contents of such websites or materials. In this respect, we shall not be liable for any damages related to their use.

In this respect the Seller represents that it does not:

  1. accept any liability for damages to your device or loss of data that results from your use of the Website;
  2. guarantee which content and services will be available on the Website and that all content and services on the Website are provided on an 'as is' and 'as available' basis; or
  3. guarantee that the Website will be available uninterruptedly and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention).
  4. WRITTEN COMMUNICATION

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using the Website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you with the information by posting alerts on the Website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, invoices, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

In case you wish to contact us please kindly you the following email address: hello@turcani.com or contact us at the address of the registered seat provided above

  1. TRANSFER OF RIGHTS AND OBLIGATIONS FROM THE CONTRACT

The Contract is binding for both Parties, as well as the respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer the Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

The Seller is entitled to transmit, cede, subcontract or in any other way transfer the Contract or any of the rights or obligations derived from the Contract, at any time during the term of the Contract. For avoidance of any doubt, said transfer, cessions or other transfers shall not affect the rights of the Customer which are recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you and shall not reduce the recoverability of the receivable you may have.

  1. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Contract when caused by events that are beyond our reasonable control (the "Force Majeure").

The Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  1. strike, lockout or other forms of protest;
  2. civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemics or any other natural disaster;
  4. inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private;
  5. inability to use public or private telecommunication systems;
  6. acts, decrees, legislation, regulations or restrictions of any government or public authority;
  7. strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Contract are suspended during the period in which the Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of the Force Majeure lasted. We will provide all reasonable resources to end the situation of the Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of the Force Majeure.

  1. PARTIAL ANNULMENT

Should any of the provisions contained in the Terms or in the Contract be declared null and void by the final resolution of the competent authority, the remaining provisions shall remain in full effect.

  1. ENTIRE CONTRACT

The Terms and any document referenced in the Terms constitute the entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in the Terms.

Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of the Terms.

  1. MODIFICATION OF THE TERMS

We have the right to review and modify the Terms at any time. Any modification of the Terms must not violate or limit your right arising from the Contract performed before entering of such modifications into validity. Modifications shall become effective as of the day of their publication on the Website.

  1. COMPLAINTS

If you as a buyer consider your rights have been breached or you are not satisfied with the method of the settlement of the complaint, firstly you can address your complaints with the request for compensation to us, to the following email address hello@turcani.com .

In case we reject your request or do not respond to your complaint within the period of 30 days from of delivery of your complaint you are entitled to submit the motion for the commencement of the alternative dispute resolution to competent Slovak authority according to the Section 12 of the Act No. 391/2015 Coll. on Alternative Consumer´s Dispute Resolution as amended. The competent authority for the purpose of dispute settlement is the Slovak Trade Inspection, with the registered seat at: Prievozská 32, 827 99 Bratislava 27 (https://www.soi.sk) or any other authorized bodies registered with the list of the subjects of alternative dispute resolutions administered by the Ministry of Economy of the Slovak Republic (https://www.mhsr.sk). You may also seek the protection of your rights via online dispute resolution platform accessible through via Internet address https://ec.europa.eu/consumers/odr.