Terms of personal data protection
Here’s the Business Conditions page from CottonGarments (https://www.cottongarments.eu/en/obchodne-podmienky/) translated into English. I preserved the original structure and headings. If you like, I can send you a PDF version of this.
Business Conditions
These general business conditions (“Conditions”) govern the rights and obligations of you, as the buyer, and us, as the seller, in contractual relations concluded through the E-shop at www.cottongarments.eu.
All information about the processing of your personal data is contained in the data protection policy which you can find here: Privacy Policy.
As you certainly are aware, we communicate primarily at a distance. Therefore this Contract also applies the means of distance communication, which allow us to agree together without simultaneous physical presence of us and you.
If any part of the Conditions conflicts with what we have mutually agreed during your purchase process on our E-shop, that particular agreement will take precedence over these Conditions.
1. Some definitions
1.1. Price is the financial amount that you will pay for the Goods;
1.2. Price for shipping is the financial amount that you will pay for the delivery of the Goods, including the cost of packaging;
1.3. Total price is the sum of the Price and the Price for shipping;
1.4. VAT is the value added tax according to applicable legislation;
1.5. E-shop is the online store operated by us on the address www.cottongarments.eu, through which the purchase of Goods will take place;
1.6. Invoice is the tax document issued in accordance with the VAT law for the Total price;
1.7. We are the company Cotton Garments s. r. o., with registered office Bojnická cesta 400/12, Prievidza 971 01, Company ID (IČO) 52 603 521, registered in the Commercial Register kept by the District Court in Trenčín, Section Sro, Insert No. 38807/R, email info@cottongarments.eu, phone +421 948 008 383, legally referred to as the seller;
1.8. Order is your irrevocable proposal to conclude a purchase contract for the Goods with us;
1.9. Goods …
1.10. User account is an account created based on data provided by you, which allows you to save entered data and keep the history of ordered Goods and contracts concluded;
1.11. You are the person buying on our E-shop, legally referred to as the buyer;
1.12. Contract is the purchase contract agreed based on a duly filled Order submitted through the E-shop, and is concluded at the moment when you receive our confirmation of the Order.
2. General provisions and instructions
2.1. Purchase of Goods is possible only through the web interface of the E-shop.
2.2. When purchasing Goods, it is your obligation to provide all information correctly and truthfully. The information you provided when ordering Goods we will consider correct and truthful.
3. Conclusion of the contract
3.1. The Contract with us can only be concluded in the Slovak language.
3.2. The Contract is concluded at a distance via the E-shop, with the costs of using remote communication means borne by you. However, these costs do not differ from your basic rate for using those means (for example, internet access). You should not expect any additional costs from us beyond the Total price. By submitting the Order you agree to the use of means of distance communication.
3.3. In order for us to conclude the Contract, you must create an Order proposal on the E-shop. In this proposal the following data must be included:
• Information about the Goods being purchased (on the E-shop you mark the Goods you are interested in by pressing “Add to cart”);
• Information about the Price, shipping price, VAT, method of payment of the Total price and the chosen delivery method of the Goods; these will be entered during creation of the Order proposal through the user interface of the E-shop, and the Price, shipping, VAT and Total price will be automatically shown based on the Goods chosen and the method of delivery;
• Your identifying data needed for delivery of the Goods, especially name, address, phone number and e-mail address;
• If the Contract is one under which the Goods will be delivered regularly and repeatedly, also the information how long we will supply the Goods.
3.4. During formation of the Order proposal you may change and review data up until its submission. By pressing the button “Order with obligation to pay” you create the Order. Before pressing that button, you must also confirm that you have read and agree to these Conditions; otherwise the Order cannot be created. A checkbox is provided for confirming this agreement.
3.5. After you press “Order with obligation to pay”, all filled-in information will be sent to us.
3.6. We will confirm your Order as soon as possible after we receive it, by sending a message to your e-mail address given in the Order. The confirmation will include a summary of your Order and these Conditions. On our confirmation the Contract between us and you is concluded. The Conditions effective on the day of ordering form an integral part of the Contract.
3.7. There may be situations where we cannot confirm your Order. These include, for example, when the Goods are not available or you order more of the Goods than we are allowed to supply. However, in such cases we will always beforehand provide information in the E-shop about the maximum number of pieces of a given Goods, so this should not be surprising.
Should such a case arise, we will contact you and send you an offer to conclude a Contract in a modified form compared to your Order. The Contract is in that case concluded when you accept our offer.
3.8. If there is a manifest error in the Price listed in the E-shop or in the Order proposal (for example due to a technical error), we are not obliged to deliver Goods at that Price even if you have received Order confirmation, thus the Contract would have been considered concluded. In such cases we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded when you accept our offer.
If you do not accept our offer within 3 days from sending it, we are entitled to withdraw from the concluded Contract. A manifest error in the Price is, for example, when the Price does not correspond to the usual price from other sellers, or a digit is missing or extra.
3.9. At the moment the Contract is concluded, you incur the obligation to pay the Total price.
3.10. If you have a User account, you may place the Order through it. Even then, you are obliged to check the correctness, truthfulness, and completeness of pre-filled data. The process of placing an Order is otherwise the same as for a buyer without a User account; the advantage is that you do not have to fill your identifying data again.
3.11. In some cases we allow use of a discount. To get the discount, you must fill in the discount information in the designated field in the Order proposal. If you do so, the Goods will be given with a discount.
4. User Account
4.1. Based on your registration via the E-shop you can access your User account. 4.2. When registering the User account it is your obligation to provide all entered data correctly and truthfully, and in case of change to update them. 4.3. Access to the User account is protected by username and password. Regarding these credentials it is your responsibility to keep them confidential and not to provide them to anyone. If they are misused, we are not responsible. 4.4. The User account is personal and you are not allowed to let third parties use it. 4.5. We may cancel your User account, particularly if you have not used it for more than 2 years, or if you violate your obligations under the Contract. 4.6. The User account does not have to be available continuously, especially due to necessary maintenance of hardware or software.
5. Pricing and payment terms, reservation of ownership
5.1. The Price is always displayed in the E-shop, in the Order proposal and in the Contract. If there is a discrepancy between the Price shown for the Goods in the E-shop and the Price in the Order proposal, the Price in the Order proposal applies, which will always be the same as the price in the Contract. The Order proposal also shows the shipping cost, or the conditions under which shipping is free.
5.2. The Total price is displayed including VAT and all fees prescribed by special legal regulation. 5.3. Payment of the Total price will be required from you after the Contract is concluded and before handing over the Goods. You may pay the Total price by the methods listed on Shipping & Payment page. 5.4. The invoice will be issued in electronic form after payment of the Total price and sent to your email address given in the Order. Also, it will be physically attached to the Goods and will be available in your User account if you have one. 5.5. Ownership of the Goods transfers to you only when you have paid the Total price and taken receipt of the Goods. In case of bank transfer, payment is considered made when credited to our account; otherwise, it is made at the moment of payment.
6. Delivery of goods; transfer of risk of accidental loss or deterioration
6.1. Goods will be delivered to you as soon as possible, according to your choice, from among the options listed on the Shipping & Payment page. 6.2. Goods can be delivered to the countries listed on the Shipping & Payment page. 6.3. We are obliged to deliver the Goods without undue delay, but at the latest within 30 days from the day the Contract is concluded. If circumstances arise affecting the delivery date of the ordered Goods, we will inform you by email without delay, including the new expected date of delivery; your right to withdraw from the Contract is not affected. 6.4. Upon receipt of the Goods from the carrier, you must check the integrity of the packaging, and in case of any damage, report it immediately to both the carrier and us. If the packaging shows signs of improper handling or opening, you are not obliged to accept the Goods from the carrier.
6.5. You are required to take over the Goods at the agreed place and time. If you fail to take delivery accordingly, we will notify you by email where you can pick up the Goods, including a deadline for pick-up. Or, at your written request submitted no later than 14 days after the required pick-up date, we will deliver the Goods again; in that case you agree to pay all costs connected with re-delivery. If you breach your obligation to take the Goods (other than in cases under section 6.4), this does not constitute a breach of our obligation to deliver. Also, your failure to take delivery is not a withdrawal from Contract. If you still do not take over the Goods within additional deadline, we are entitled to withdraw from the Contract due to your material breach. The withdrawal takes effect on the day we deliver you the withdrawal notice. 6.6. If the Goods are delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your side, you must reimburse us for the costs of repeated delivery. We will send you payment details by email; they are due within 14 days of the email. 6.7. The risk of accidental loss or deterioration of the Goods passes to you at the moment you take delivery. If you do not take delivery (except in cases under 6.4), the risk passes to you at the moment when you could have taken delivery but did not due to your fault.
7. Rights from liability for defects (warranty)
7.1. Introductory provisions on liability for defects
• We undertake to deliver the Goods in the required quality, quantity, and without defects.
• We are liable for defects that the Goods have at the moment of takeover. For used Goods we do not cover defects caused by use or wear. For Goods sold at a lower price we do not cover defects for which a lower price was agreed.
• The general warranty period is 24 months. The warranty period starts from the moment you take over the Goods. If a replacement of the Goods occurs, the warranty period starts again when you take over the new Goods. Your rights under liability for defects expire if you do not assert them during the warranty period. However, for Goods that decay or deteriorate quickly, you must assert defects no later than the day after purchase, otherwise your rights expire.
7.2. We guarantee that at the moment of transfer of risk (see section 6.7) the Goods are free from defects, in particular that:
1. they have the properties that we agreed with you, or if not explicitly agreed, those which we described or which may be expected for Goods of that type;
2. they are suitable for purposes stated by us or purposes usual for Goods of that type;
3. they correspond to the quality or workmanship of an agreed sample if quality or workmanship was determined by sample;
4. they are in the agreed quantity and weight;
5. they meet legal requirements;
6. they are not burdened by third-party rights. 7.3. Conditions for claiming rights from defects (complaints)
- If the Goods are delivered in damaged or broken packaging or the parcel is clearly too light, you are asked not to accept such Goods from the carrier and to notify us immediately by phone +421 948 008 383 or email info@cottongarments.eu. In case of visible defects (e.g., mechanical damage) you must without undue delay make a complaint as per section 7.4.1.
- We will not consider complaints for visible defects, including incompleteness of Goods, if asserted after the fact.
- For hidden defects, you must assert them without undue delay after you discover them, but at the latest before the warranty period expires.
- The warranty applies only to manufacturing defects and defects caused by mechanical damage. You cannot assert liability for defects caused by normal wear, mechanical damage, using the Goods under unsuitable conditions, etc.
- You are not entitled to assert a defect if you knew of the defect before taking over the Goods, or we informed you of it, or you received a reasonable discount because of it.
7.4. How to make a complaint
- If the Goods have a defect, you may inform us and make a complaint by sending an email or letter to the addresses given in our identifying details, or in person at our premises. You may also use a template form provided by us (Annex No. 1 of these Conditions).
- In your complaint, state a description of the defect, your identifying data including e-mail address for receiving notification, and which of the rights from sections 7.5.4-7.5.8 you are asserting.
- You must also present proof of purchase (invoice) for the Goods, to show purchase from us; otherwise we are not obliged to accept your complaint.
- The claim procedure begins on the day the defective Goods along with relevant documents are delivered. If your complaint is incomplete (unclear, missing documents etc.), we will ask you in writing (especially by email) to complete it. Then the procedure starts on the day we receive your completed claim.
- If you fail to supplement the claim within 10 days from our request, we will consider your claim unjustified.
7.5. Handling complaints
- Based on your choice of which right (under the law) you invoke, we determine the method of handling the complaint immediately, in complex cases no later than 3 working days from making your complaint. In justified cases, especially when a technical evaluation is required, at latest 30 days from the day of making your complaint.
- After determining how the complaint will be handled, we will resolve it immediately; in justified cases we may take longer, but not longer than 30 days from the day the complaint was made. After this period you have the right to withdraw from the Contract or request exchange of the Goods for new if possible. We are required to issue you a written document about the complaint resolution no later than 30 days after the complaint was made, and inform you via email. If the complaint is upheld, we will send you repaired Goods, exchange the Goods, or refund the price if no alternative agreement is made. If the defect can be removed, you have the right that it be removed free of charge, properly and in time. The defect will be repaired without undue delay. Instead of repair, you may request replacement of the Goods, or if the defect is only in a component, replacement of that component, provided it does not incur unreasonable costs considering the price of the Goods or seriousness of the defect.
- If the defect is non-removable and prevents proper use as a defect-free item, you have a right to exchange or withdraw from the Contract. The same rights apply if there are repeated defects or many defects preventing proper use. For other non-removable defects you have the right to a reasonable discount on the Goods' price.
- The complaint may be resolved by delivery of repaired Goods, exchange, refund, a discount, or refusals if unwarranted.
7.6. Rights from liability for defects and complaints are governed by the provisions of § 619 et seq. of the Civil Code (Act No. 40/1964 Coll.), by Act No. 250/2007 Coll. on consumer protection, etc., and by Act No. 102/2014 Coll. on protection of consumer rights for distance contracts, etc. 7.7. If you assert a complaint within the first 12 months from purchase, we may reject your complaint only on the basis of expert evaluation; regardless of the evaluation outcome we will not require you to pay the cost of expert evaluation or any related costs. A copy of the expert evaluation justifying rejection will be provided to you no later than 14 days after the complaint is handled. If the complaint is made after 12 months and is rejected, you will be informed in the resolution of who you may send the Goods to for expert evaluation. If you send the Goods for expert evaluation to a designated person, we will cover the costs of that evaluation and related costs, regardless of outcome.
If upon expert evaluation you prove our liability, you may make the complaint again; during the evaluation the warranty period does not run. We are obliged to reimburse you within 14 days from the re-assertion of the complaint all costs of the expert evaluation and related costs. The re-asserted complaint cannot be rejected.7.8. If you are an entrepreneur, you are obliged to report and assert a defect without undue delay after you could discover it, but at the latest within 3 days of taking over the Goods. 7.9. If you are a consumer, you have the right to assert rights from liability for defects for consumer Goods within 24 months from taking over the Goods. 7.10. By concluding the Contract you confirm that you had the opportunity to read the terms of complaint.
8. Withdrawal from the contract
8.1. You may withdraw from the Contract, thus ending the contractual relationship between us and you from its start, for reasons and in the ways given in this section, or in other sections of the Conditions where withdrawal is explicitly provided.
8.2. If you are a consumer (i.e. buying outside your business activity), in accordance with Section 7 of the Consumer Protection Act concerning distance contracts, you have the right to withdraw from Contract without giving a reason within 14 days from the date of delivery of the Goods. If the Contract is for multiple types of Goods or several parts of the Goods, this period starts from the day you receive the last part. And if the Contract is one under which Goods are delivered regularly and repeatedly, it starts when the first delivery is made. You may withdraw in any demonstrable way (email or letter, etc.). 8.3. Even as a consumer, you cannot withdraw from the Contract in cases where the Contract subject is:
1. Goods whose Price depends on financial market fluctuations outside our control;
2. alcoholic beverages, whose Price was agreed at time of Contract but delivery only possible after 30 days and price depends on market fluctuations;
3. Goods made to your special requirements, custom-made for you or Goods intended especially for one consumer;
4. Goods which are liable to deteriorate rapidly or spoil, or Goods inseparably mixed with other items after delivery;
5. goods sealed for health protection or hygiene reasons which are not suitable to be returned and whose protective seal has been broken after delivery;
6. audio, visual or data recordings or software delivered in a sealed package if the seal is broken;
7. periodical publications except by subscription, and books not delivered in protective packaging;
8. provision of electronic content if not on a physical medium and delivered with your explicit consent before the withdrawal period, after being informed that you lose the right of withdrawal.8.4. The withdrawal period is considered kept if you send us the withdrawal notice within the period. 8.5. If you withdraw from the Contract, the Price will be returned within 14 days from the effective date of withdrawal to the account from which payment was made, or to another account chosen in the withdrawal notice. However, the amount will not be returned before the Goods are returned or you prove the Goods have been sent back. Please return the Goods clean and, if possible, in the original packaging.
8.6. If you withdraw, you are obligated to return the Goods to us or our authorized person within 14 days of withdrawal; you bear the cost of returning the Goods. This does not apply if we agree that we will collect the Goods in person or via a person appointed by us. The deadline is met if the Goods are handed over for transport no later than the last day of the deadline. 8.7. You are liable for damage in cases where the Goods are damaged due to your handling them in a way other than necessary with regard to their nature and properties. We may charge you for such damage after the Goods are returned; payment is due within 14 days.
8.8. We are entitled to withdraw from the Contract in case of stock exhaustion, unavailability of the Goods, or if the manufacturer or supplier has ceased production or made significant changes preventing fulfilment, or due to force majeure.
In such cases we must inform you without undue delay and refund any total price you have already paid within 14 days from the date of withdrawal. The refund will be by same means as payment unless agreed otherwise without additional fees. 8.9. We are also entitled to withdraw from the Contract if you fail to take receipt of the Goods within 5 working days after you had the obligation to take them.
9. Submissions and complaints
9.1. As a consumer you are entitled to submit complaints or feedback in writing, via email: info@cottongarments.eu. 9.2. We will inform you about the assessment of your submission or complaint by email. 9.3. The supervisory authority is the Slovak Trade Inspection (SOI), Bratislava Region Inspectorate, address: Bajkalská 21/A, P. O. Box 5, 820 07 Bratislava, tel. 02/58 27 21 72, 02/58 27 21 04. 9.4. If you are not satisfied with how your complaint or submission was handled, you may submit a request for inspection electronically via the platform available on the SOI site.
10. Alternative dispute resolution with consumers
10.1. You have the right to request remedies via email to info@cottongarments.eu if you are not content with how we handled your complaint or you believe we have violated your rights. If we reject your request or do not respond within 30 days, you have the right to file a proposal for alternative dispute resolution (ADR) according to Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes.
10.2. The bodies are legal persons authorized under § 3 of that Act; their list is published on the website of the Ministry of Economy of the SR.
10.3. You may submit a proposal in the manner specified by § 12 of that Act.
10.4. You also have the right to initiate out-of-court dispute resolution online via the ODR platform found on the EU website.
11. Final provisions
11.1. All written correspondence with you will be delivered electronically by email. Our email address is given in our identifying details. We will deliver correspondence to the email address you provided in the Contract, in your User account, or the one you used to contact us. 11.2. The Contract may be changed only by our written agreement. We are, however, entitled to change or supplement these Conditions; this change will not affect Contracts already concluded, but only those contracts concluded after the change becomes effective. If you have a User account, or if we are to supply Goods to you regularly, we will inform you of the change by email at least 14 days before the change becomes effective. If you do not resign from the Contract for regular and repeated delivery within 14 days of sending information on the change, the new conditions become part of our Contract and apply to the next delivery after the change takes effect. Notice period in case you terminate is 2 months.11.3. In case of force majeure or unforeseen events (natural disaster, pandemic, operational breakdowns, supplier shortages etc.), we are not responsible for damage caused as a result or in connection with them. If this state lasts more than 10 days, you or we have the right to withdraw from the Contract. 11.4. The annexes to the Conditions are: sample complaint form and sample withdrawal-from-Contract form. 11.5. The Contract including the Conditions is archived in digital form by us, but is not accessible to you. You will always receive the Conditions and the Order confirmation with Order summary by email and thus you will always have access to the Contract even without our cooperation. We recommend that you keep the Order confirmation and the Conditions. 11.6. Our activities are not subject to any codes of conduct under § 3 paragraph 1 letter (n) of the Consumer Protection Act for distance selling. These Conditions come into force 1 November 2023.
Annex No. 1 – Complaint Form
(Form for submitting a complaint) Annex No. 2 – Withdrawal from Contract Form