Majo Polyak Music store

Shopping conditions

1. Introductory provisions and definitions

1. These General Terms and Conditions (hereinafter referred to as the "GTCs") govern the legal relationship between:

Business name: thinkberry, s. r. o.
Registered office: Račianska 26/G, 831 02 Bratislava, Slovak Republic
Registered in the Commercial Register of the Bratislava III Municipal Court, Section Sro, File No.54636/BI
Registration ID: 44 354 665
Tax ID: 2022693882
VAT ID: SK2022693882
Bank account: IBAN: SK7811000000002948055013, Tatra banka, a.s.
a VAT-registered entity
(hereinafter referred to as "Seller")

and any entity who is the buyer (“Buyer”) of the Goods offered by the Seller on the its website, and who acts as a consumer pursuant to other provisions of these General Terms and Conditions and relevant legislation defining the consumer, within the scope of the applicable legislation of the Slovak Republic, in particular the following: Act No. 102/2014 Coll. on consumer protection in the sale of Goods or provision of services on the basis of a distance contract or an off-premises contract, as amended, Act No. 250/2007 Coll. on consumer protection, as amended, Act No. 22/2004 Coll. on electronic commerce, as amended, Act No. 40/1964 Coll. Civil Code, as amended. These GTCs also includes the Complaints Procedure as well as Annexes to the GTCs.

2. The e-mail contact details of the Seller:

Email: info@majopolyak.com

2.1. The address for sending documents, complaints, withdrawals from agreements and other correspondence: thinkberry, s. r. o., Račianska 26/G, 831 02 Bratislava, Slovak Republic.
2.2. These General Terms and Conditions govern the legal relationship between the Buyers who act as consumers and the Seller.
2.3. The term Online Store is identical to the term E-Shop and the term Website.
2.4. Buyer is any entity (natural person or legal entity) who has sent an order via the electronic order form using the Seller's website, or by other means of remote communication.
2.5. Consumer is the Buyer who is a natural person and who, when concluding a Purchase Agreement through the Seller's website, does not act within the scope of their own entrepreneurial activity.
2.6. Any contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who act as legal entities, or with natural persons – entrepreneurs who act within the scope of their business activity (i.e. Buyers who do not act in the position of a consumer) are subject to the provisions of Act No. 513/1991 Coll. Commercial Code, as amended.
2.7. For the purposes of these General Terms and Conditions, a distance agreement means an agreement between the Seller and the Consumer agreed and concluded exclusively through one or more means of remote communication without the simultaneous physical presence of the Seller and the Consumer, in particular, by using the website or other means of remote communication.
2.8. The term Purchase Agreement includes a purchase agreement and an agreement for the provision of electronic content not supplied on a material medium.
2.9. Products are defined as Goods that are intended for sale and are simultaneously presented on the Seller's website.
2.10. The term 'Goods' also includes electronic content not supplied on a material data medium.
2.11. The Seller is simultaneously the operator of the electronic system through which it operates a website on the domain titled www.majopolyak.com
2.12. The competent authority supervising the lawfulness in the field of consumer protection is:
Inšpektorát Slovenskej obchodnej inšpekcie
(Inspectorate of the Slovak Trade Inspection for the Bratislava Region)
with registered office at
Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava,
Department of Supervision,
Telephone No.: 02/58 27 21 72, 02/5827 21 04
Fax No. 02/58 2721 70
Email: ba@soi.sk
weblink for submitting complaints:
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi

2.13. The Buyer may address complaints or raise concerns directly to the Seller to the address specified in Art. 1 of these GTCs. At the same time, the Seller recommends the Buyers to address complaints and concerns (to accelerate the process of their handling) to the Seller's e-mail address at: info@majopolyak.com Any complaint or concern will be reviewed and handled by the Seller within 30 days of receipt. The Seller shall inform the Buyer about its handling using the same channel used by the Buyer for submitting the complaint or concern to the Seller.
2.14. 102/2014 Coll., the Seller informs the Buyer that there are no special relevant codes of conduct to which the Seller has committed to comply, whereby the code of conduct means an agreement or a set of rules defining the conduct of the Seller that has committed to comply with in relation to one or more specific business practices or business sectors, where the above is not required by law or other regulation or measure of a public authority that the Seller has committed to comply with, and on the manner in which the Buyer can become acquainted with the above or obtain their wording.

2. Order for Goods – conclusion of the purchase agreement

1. To order the Goods, the Buyer clicks on the image of the shopping cart with the appropriate inscription and the title will be inserted into the shopping cart. Then the Buyer will be able to decide whether he/she intends to conclude the purchase (fill in the prepared form) or continue shopping. The order is made by confirming the feature marked as "Binding order" with the information that the order will require payment for the Goods. After processing the Buyer's order and without any undue delay, a confirmation of order receipt (acceptance) will be sent to the e-mail address entered by the Buyer. The confirmation includes the order number, name and specification of the Goods, information about the price of the Goods and delivery costs (postage), payment method, information about the expected delivery time of the Goods, information about the location where the Goods are to be delivered, information about the Seller, or possibly other information. Upon delivery of the confirmation e-mail about the receipt of the Buyer's order, a Purchase Agreement or an agreement for the provision of electronic content delivered on a tangible medium is entered into. The Purchase Agreement is concluded upon the receipt of the confirmation email by the Buyer even if the subject of the Purchase Agreement also concerns Goods of other nature than products that include electronic content.
2. The Purchase Agreement is concluded for a specific product and the Seller, and the Buyer are obliged to fulfil all obligations arising thereof. Agreement shall be terminated in the cases provisioned by the relevant legislation of the Slovak Republic.
3. The Purchase Agreement may be terminated in cases defined by the Slovak law in particular by mutual arrangement between the Parties, by withdrawal from the Agreement on the part of the Buyer. Where the price of the order is not settled within the due date, the Purchase Agreement shall not be entered into.
4. The Seller informs the Buyer that in the case of ordering products by the Buyer, the order is associated with an obligation of payment of the purchase price to the Buyer, in the form of payment selected by the Buyer from the options offered by the Seller.

3. Purchase price and payment terms

1. The price of the Goods ordered via the Seller's website (hereinafter referred to as "Purchase Price") is quoted separately for each product (“Goods”) and is valid at the moment of placing the order by the Buyer.
2. The base currency is the euro.
3. The Purchase Price of the Goods listed on the Seller's website is the total price of the Goods, including all taxes, whereas it is clearly stated on the Seller's website. The purchase price of the Goods does not include transportation costs or other costs related to the delivery of the Goods. The seller is registered as a VAT payer.

4. Method of Payment

1. The Buyer may pay for the Goods on the Seller's website in the following manner:
1.1. online banking (in cooperation with Tatra banka, a.s.).

5. Delivery of Goods

1. The Seller is obliged to fulfil the order and deliver the Goods to the Buyer within 30 days from the date of entering into the Purchase Agreement pursuant to Art. 2. (1) et seq. of these GTCs. The deadline for the Seller to fulfil the order concerning the Goods with electronic content comes immediately after the payment is made by the Buyer.
2. The Seller is obliged to deliver the Goods to the Buyer in the ordered quantity and quality together with tax-stating documents related to the order and other documents, if any, which are typically delivered with the selected Goods. The Buyer agrees that all documents will be delivered to his/her designated e-mail address.

6. Taking over the Goods

1. The Seller has the right to a due and timely payment of the price of the order price from the Buyer for the delivered Goods.

7. Shipping costs – the methods of delivery of the Goods and the price for their delivery

1. Delivery methods and the price for the delivery of the ordered Goods:
2. The forms of delivery:
2.1. Online access to paid content – fee €0
2.2. By postal services - Slovenská pošta – due postage within the Slovak Republic €7, postage outside the Slovak Republic €14
3. The obligation to deliver the Goods is deemed fulfilled by handing over the Goods to the Buyer or to the authorized person specified in the order. The Goods are sent by Slovenská pošta in the form of a letter/parcel or letter/parcel cash on delivery, or by a courier (selected by the Buyer).
4. The Buyer is informed via e-mail that his/her order has been dispatched and handed over to the shipping provider.
5. The Buyer is obliged to take over the Goods in person at the agreed location and time or to ensure the takeover of Goods. The Buyer shall confirm the receipt of the Goods in writing in the delivery note, which also represents a proof of payment for the Goods in the case of cash on delivery shipment. The Buyer will receive an accounting document (invoice) by e-mail, the invoice shall also serve as a warranty certificate.
6. The obligation to deliver the Goods shall be also deemed fulfilled where the Buyer fails to take over the Goods at the agreed location and time or refuses to take over the Goods. In the event that the Buyer fails to take over the Goods and the Goods are returned to the Seller, the Seller has the right to withdraw from the Purchase Agreement and demand compensation for the costs associated with the return of the Goods from the Buyer (postage related to the return of the Goods). Repeated delivery of the consignment with the Goods is possible only based on mutual understanding.
7. The Seller shall not be responsible for delayed delivery of Goods caused by incorrectly entered address of the Buyer. The Buyer acquires ownership title to the Goods by taking them over at the place of delivery. By taking over the Goods, the risk of accidental destruction and accidental deterioration passes to the Buyer.
8. Upon receipt of the delivery, the Buyer is entitled to check the consignment for any damage to the packaging of the consignment (mechanical damage caused by the transportation) and whether the Goods are free from defects.
9. Delivery of Goods is subject to charge according to the current rates of shipping companies, specific rates are provided when selecting a specific form of delivery.

8. Withdrawal of the Buyer from the Purchase Agreement without providing any particular reason

1. The Buyer is entitled to withdraw from the agreement without stating the reason within 14 calendar days of the date of receipt of the Goods.
2. Goods shall be considered to have been taken over by the Buyer in the moment when the Buyer or a third party designated by the Buyer, with the exception of the carrier, takes over all parts of the ordered Goods, or, where the
a) Goods ordered by the Buyer in a single order are delivered separately, at the moment of receipt of the Goods that were delivered as most recently,
b) delivered Goods consist of several parts or pieces, at the moment of receipt of the last part or piece,
c) the Goods are delivered repeatedly during the specified period, at the moment of receipt of the first delivered Goods.
3. The Buyer may withdraw from the agreement, in which the subject is the delivery of Goods, even before the commencement of the period of withdrawal from the agreement.
4. Within 14 days from the date of withdrawal from the agreement, the Buyer shall be obliged to send back the Goods to the address if the Seller or hand them over to the Seller or a person authorized by the Seller for taking over the Goods. The above shall not apply where the Seller proposes to collect the Goods in person or through a person authorized by the Seller. The period referred to in the first sentence shall be deemed observed where the Goods were handed over for shipment no later than on the last day of said period (pursuant to Section 10 (1) of Act no. 102/2014 Coll.).
5. Where the Buyer intends to exercise this right, he/she shall be obliged to notify the Seller of the withdrawal from the Purchase Agreement no later than on the last day of the specified deadline. The deadline for the withdrawal shall be deemed observed where such notice of withdrawal was sent to the Seller no later than on the last day of said period to the address of the Seller, which is: thinkberry, s. r. o., Račianska 26/G, 831 02 Bratislava, Slovak Republic.
6. Withdrawal from the Purchase Agreement may be applied with the Seller in paper form or in the form of an entry on another durable medium. The right of withdrawal from the agreement may also be exercised via the Agreement Withdrawal Form, which can be accessed on the Seller's website.
7. By withdrawing from the Agreement, the Parties are obliged to mutually return any consideration previously provided to each other. The Buyer is responsible only for diminished value of the Goods, which arose a result of such treatment of the Goods that went beyond the steps necessary to ascertain the characteristics and features of the Goods.
8. The Buyer may use the Agreement Withdrawal Form to withdraw from the agreement without stating any particular grounds for such withdrawal. Said form may be accessed on the Seller's website.
9. If the consumer withdraws from the Agreement pursuant to Act No. 102/2014 Coll., he/she shall bear the costs of returning the Goods to the Seller pursuant to Section 10(3) of Act No. 102/2014 Coll., and where he/she withdraws from an agreement entered into remotely, also the costs of returning the Goods that, due to their nature, cannot be returned by post. The above shall not apply where the Seller has agreed to bear such costs himself/herself or where he/she failed to fulfil his/her obligation under Section 3(1) of Act no. 102/2014 Coll.
10. The Seller is obliged to return to the Buyer, without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal from the agreement, any and all payments received from him/her under, or in connection with the Agreement, including the costs of transport, delivery and postage and other costs and fees; this shall be without prejudice to the provisions of Section 8(5) Act no. 102/2014 Coll. on consumer protection on the sale of goods or provision of services based on distance contracts and off-premises contracts and on changes and amendments to certain laws,
11. Pursuant to Section 9(3) of Act No. 102/2014 Coll. as amended, the Seller is not obliged to reimburse the Buyer for additional costs where the Buyer has expressly selected a different method of delivery than the cheapest standard delivery method offered by the Seller. Additional costs mean the difference between the cost of delivery selected by the Buyer, and the cost of the cheapest conventional method of delivery offered by the Seller.
12. Shipments sent in the event of withdrawal from the Purchase Agreement as cash on delivery will not be taken over by the Seller. We recommend that Buyers send shipments by registered mail or in a similar form without specifying the amount of cash on delivery.
13. When withdrawing from the Agreement, the Buyer shall bear only the costs of returning the Goods to the Seller or a person authorized by the Seller to take over the Goods. The above shall not apply where the Seller has agreed to bear such costs himself/herself or where he/she failed to fulfil his/her obligation under Section 3(1) i) of the Act on consumer protection on the sale of Goods or provision of services based on distance contracts and off-premises contracts of the Seller, and on changes and amendments to certain laws,
14. In addition to the obligations provisioned in paragraphs 1, 3 through 5 and Section 9 par. 3 of Act No. 102/2014 Coll. the exercise of the Buyer's right to withdraw from the agreement may not result in additional costs or other obligations for the Buyer.
15. The right of withdrawal from the agreement shall not apply to Goods and services as defined in Section 7 (6) a) through l) of Act No. 102/2014 Coll. In particular:
- sale of goods or provision of services, the price of which depends on the fluctuation of prices on the financial market, which is beyond the Seller's control, and which may occur during the period for withdrawal from the agreement;
- sale of goods made based on specific requirements of the consumer, custom orders or goods intended for a single particular consumer,
- sale of goods subject to rapid deterioration or decline in quality;
- sale of goods enclosed in a protective cover that is not suitable for return due to health protection or hygiene reasons and whose protective cover has been damaged after delivery.
- sale of goods, which may be due to their nature inseparably mixed with other goods after delivery,
- sale of audio recordings, video recordings, multimedia recordings, books and computer software sold in a protective case, where the consumer has already unwrapped said case,
- providing electronic content other than on a tangible medium where the provision begins with express consent of the consumer and the consumer declared that he/she had been duly informed that by expressing consent, they lose the right of withdrawal from the agreement.
18. In the event of withdrawal from the Agreement, the Seller is obliged to return the funds to the Buyer in the same form as they were received from the Buyer. Changing the form of refund to the consumer is possible only with the Buyer’s consent. 
19. In the event of withdrawal from the Agreement, the subject of which is the sale of Goods, the Seller is not obliged to return payments to the consumer pursuant to Section 9(1) of Act No. 102/2014. Coll., before the Goods are returned or until the consumer proves that the Goods have been sent back to the Seller unless the Seller proposes to collect the Goods in person or through a person authorized by the Seller.
20. The Buyer is not obliged to pay for
- fully or partially provided electronic content that is not supplied on a tangible medium where:
the Buyer has not provided the Seller with explicit consent to the commencement of the provision of electronic content under Section 4 (8) of Act No. 102/2014 Coll. as amended;
the Buyer has not declared that he/she has been properly instructed that by expressing consent under the first point they lose the right to withdraw from the agreement,

9. Principles and information concerning personal data protection

The Seller undertakes to the Buyer that the data provided by the Buyer serve exclusively to fulfil the purpose pursued by these GTCs, in particular with regards to the delivery of the ordered Goods. To purchase the Goods the Buyer is not obliged to register nor is he/she required to provide any data that is not used for invoicing purposes and the purposes of delivery of the Goods. All data provided shall be handled by the Seller under 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, repealing Directive 95/46/EC (General Data Protection Regulation) and under the Personal Data Protection Act (Act no. 18/2018 Coll.) By providing the data and completing the order as well as subsequently concluding the Agreement, the Buyer grants consent to the usage of data provided by him/her for the purposes required by these GTCs under this Article.

10. Alternative dispute resolution

1. In the event that the Buyer is not satisfied with the manner in which the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. Where the Seller responds to the Buyer's request under the previous sentence in the negative or fails to respond to such a request within 30 days from the date of its dispatch by the Buyer, the Buyer shall have the right to submit an application to initiate an alternative dispute resolution under Section 12 of Act No. 391/2015 Coll. on alternative dispute resolution and amendments to certain acts, as amended. The competent entity for alternative dispute resolution of consumer disputes with the Seller is the Slovak Trade Inspection (contact details can be found at https://www.soi.sk/), or another relevant authorized legal entity registered in the list of entities providing alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly at https://www.mhsr.sk/.
2. The Buyer shall have the right to choose to which of the listed entities providing alternative dispute resolution he/she shall turn. The Buyer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by the Buyer who enters into and performs the agreement as a consumer. Alternative dispute resolution relates only to disputes between the Buyer and the Seller, arising from a consumer agreement or relating thereto. Alternative dispute resolution relates only to distance agreement. The entity subject to alternative dispute resolution may reject the proposal where the quantifiable value of the dispute fails to exceed €20. The entity subject to alternative dispute resolution may require the Buyer to settle a fee for initiating an alternative dispute resolution, not exceeding €5 including VAT.
3. All other information regarding alternative dispute resolution between the Seller and the Buyer – acting as a consumer, arising from the Purchase Agreement as a consumer agreement, or related to the Purchase Agreement as a consumer agreement is provided on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on alternative resolution of consumer disputes and amendments to certain acts, as amended.

11. Final provisions

1. The Seller reserves the right to a unilateral change to the General Terms and Conditions. The obligation to notify the change of the General Terms and Conditions in writing shall be deemed fulfilled by publishing the document on the Seller's website. In the event of a change made to the General Terms and Conditions, the relationship between the Buyer and the Seller shall be governed by the General Terms and Conditions valid and effective upon the conclusion of the Purchase Agreement, until its termination.
2. In addition to the general provisions of Act No. 40/1964 Coll., contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with natural persons who do not act within the scope of their entrepreneurial activity (i.e. they act as consumers) when concluding a purchase contract under these GTCs shall be subject to The Civil Code, as amended, as well as special regulations, in particular Act No. 102/2014 Coll. on consumer protection on the sale of Goods or provision of services based on distance contracts and off-premises contracts and on changes as amended, and Act No. 250/2007 Coll. on consumer protection.
3. These General Terms and Conditions form an integral part of the Complaints Procedure. The documents are published on the domain address of the Seller's website.
4. These General Terms and Conditions come into force and effect by being published on the Seller's website dated on ... Any amendments to the General Terms and Conditions related to the delivery of Goods other than Goods with electronic content shall be effective from ...

Annex No. 1
License terms for the use of electronic content
Obligations of the Seller regarding the terms and conditions of use of the Electronic Content by the end customer (hereinafter also referred to as "License Terms"):
The Seller undertakes to purchase Electronic Content subject to the acceptance of the following conditions by the Buyer (hereinafter also referred to as the "User" or "Consumer") and the said License Terms must be clearly and prominently available at least to this extent in the Seller's online store (website). The Seller shall not be subject to this obligation to the extent that the applicable law of the Slovak Republic prevents him/her from doing so.
Electronic content. For the purposes of the License Terms, Electronic Content means any electronic content or electronic publication, regardless of the format in which it is elaborated.
Use of Electronic Content. Electronic content is registered to the User The Seller grants the User a non-exclusive and non-transferable right to view, use, and display the Electronic Content for an unrestricted number of times, exclusively for their personal use. The Electronic Content shall be deemed as licensed by the Seller to the User unless the Seller specifies otherwise.
Limitations. Unless specifically stated otherwise, the Electronic Content is protected by copyright. The User may not sell, rent, lend, distribute, broadcast, sublicense or otherwise assign the rights to the Electronic Content or any part thereof to any third party, and may not remove descriptions or indications of ownership title contained in the Electronic Content. The User may not circumvent, modify, disable, or remove the protection that protects the Electronic Content. He/she will also refrain from encouraging, assisting, or authorizing other persons from doing so.
Withdrawal of the User from the Agreement. In the case of downloading/delivery of music via an electronic file, the User’s withdrawal from the agreement shall be only made possible until the first use of the Electronic Content (or first download), otherwise, the User’s withdrawal shall not be possible, as it is disabled by the very nature of the Goods/service

Annex No. 2
TEMPLATE OF THE WITHDRAWAL FROM THE AGREEMENT
(Fill in and return this form only if you wish to withdraw from the agreement)
To: thinkberry, s. r. o., Račianska 26/G, 831 02 Bratislava, Slovak Republic

I hereby wish to notify you that I am withdrawing from the agreement for the following Goods:
– Date of order/date of receipt*
- Name and surname of the consumer
– Address of the Buyer
– Signature of the Buyer
– Date

* enter the applicable data.
In Bratislava, on 18 April 2024
thinkberry, s. r. o.