Terms & Condition
Terms and Conditions of www.daynightwhitening.com
- These Terms and Conditions apply to distance contracts concluded through the online store at www.daynightwhitening.com (hereinafter referred to as the "online store"), whereby by sending an order the Buyer expresses that he has become acquainted with these Terms and Conditions and Complaint Procedure and fully understand their content.
- These Terms and Complaint Procedure are an integral part of the Purchase Contract and are binding on both parties to the Purchase Contract.
- A distance contract shall mean a contract concluded between the Seller and the Buyer who is a consumer, for mail order sales of goods and services exclusively through means of communication, in particular the Internet, telephone and electronic mail (the "Purchase Contract").
- The purchase contract is governed in particular by the relevant provisions of Act no. 102/2014 Coll. on the consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller, and amendments of certain laws (hereinafter referred to as the "Act"), Act no. 40/1964 Coll. of the Civil Code as amended, and these Terms and Conditions, specifying the details of their conclusion and implementation.
- The Seller is H&G Times s.r.o., with its registered office at Pod vinicou 417/45, 97217, Kanianka, Slovakia, Business ID: 50121693, TAX ID: SK2120178566, registered in the Commercial Register of the District Court Trenčín, Section: Sro, File no. 32463/R (hereinafter referred to as the „Seller“), who is also the operator of the website www.daynightwhitening.sk (hereinafter referred to as the „Website“) as well as the Online store.
- Contact details of the Seller in relation to the Online Store are:
- a) telephone number: +421950722876 on business days between 09:00 and 16:00.
- b) e-mail: email@example.com
- c) bank details:
IBAN: SK10 1100 0000 0029 4401 7351
** When entering an account number and other data, please be careful, because in case of incorrect filling, the goods cannot be sent!
The seller is authorized to sell services (which includes communication with the Buyer, invoicing, sending the service, etc.) through (using) the Online Store.
- The Buyer is the user of the Website or every visitor of the Website who sent the order via the Online Store (hereinafter referred to as the "Buyer"). Buyer recognizes electronic communication with the Seller primarily through the Online Store, the telephone, and e-mail communications.
- The Service is every product posted in the Online store.
- The supervisory authority is the Slovak Trade Inspection (SOI), the SOI Inspectorate for the Bratislava Region( Prievozská 1325/32, 821 05, Bratislava), the Supervision Department, tel. no. 032/640 01 09.
Product and price information
- A colour configuration of goods may not accurately reflect the reality due to the inaccuracies of the computer display units.
- The price of the goods listed in the Online store catalogue is final. The price does not include the costs associated with the delivery and transport of goods or other optional services. Costs associated with the delivery of goods and the cost of other optional services are shown when creating an order and are automatically added to the purchase price of the goods. The seller is not a VAT payer.
- All promotions are valid until the stock is sold out, unless otherwise stated or, if applicable, until the end of the promotion.
- The Buyer confirms that by sending the order, he accepts the price of the goods, Terms and Conditions and Complaint Procedure of the Online store.
- After the order is sent, the Buyer receives an e-mail to the e-mail address stated when ordering the goods, confirming that the order is placed and will be processed. All further information and documents regarding the order will be sent to the Buyer, in particular: Buyer's billing information, address for delivery of the goods, specification of the goods, quantity of the ordered goods and the resulting price of the goods.
- Before the order is confirmed, the total price of the ordered goods and the estimated delivery date will be determined.
- Before submitting the order, the Seller advises the Buyer to take advantage of the ability to review thoroughly the entire order and to thoroughly study these Terms and Conditions.
Way of Closure the Purchase Contract
- The Purchase Contract is concluded by the binding Buyer's acceptance of the Seller's proposal for the conclusion of Purchase Contract in the form of:
- a) Buyer's e-mail message sent to the Seller at firstname.lastname@example.org,
- b) Buyer's completed and submitted form on the Seller's Online Store,
- The binding acceptance of the order is an e-mail confirmation of the Seller that he accepted the order after a prior order receipt and after verifying the availability and delivery date of the goods requested by the Buyer labelled, for example, as "order confirmation". Notice of receipt of an order that is sent automatically and which the Buyer receives on his e-mail address immediately after sending his order is not considered as binding acceptance of the order; this Notice is only informative in nature to notify the buyer of receipt of his order.
- Binding acceptance of the order contains details of the name and specification of the goods whose sale is the subject of the Purchase Contract, further details of the price of the goods and / or other services, the name and details of the Buyer, the address where the goods are to be delivered, the way the goods are transported to the agreed place of delivery of the goods for the Buyer, the details of the Seller and other data.
- The Purchase Contract may be amended, cancelled or supplemented only by mutual agreement between the Buyer and the Seller, unless otherwise stated by law or other generally binding legal regulation.
- Any additional information regarding the order may be sent to the Buyer's e-mail address.
Obligations of the Parties
The Seller commits himself to deliver:
- The type and quantity of goods in the purchase price and under payment terms valid on the day of dispatch of the order, except for obvious errors, in the event of a significant change in the price of the goods or the unavailability of the goods.
- Goods that are properly wrapped to prevent damage during transportation.
- Documents in written or electronic form necessary for its take-up and use.
The Seller is not responsible for:
- Delayed delivery of goods caused by the incorrect address given by the recipient.
- Any non-delivery of the goods caused by the unforeseeable obstacles.
The Buyer commits himself:
- To take over the ordered goods, check the packaging integrity and report any defects without delay.
- To pay the purchase price for the goods in the amount and under the terms of payment valid on the day the order was dispatched.
- Not to harm the Seller's good business name.
Withdrawal from the Purchase Contract
- The buyer is entitled to withdraw from the contract without giving any reason in accordance with Act no. 102/2014 Coll. within 14 days of receipt of the goods. Where goods were delivered separately in a single order, the withdrawal period shall take place at the time of receipt of the goods which were last delivered. Since the goods are a cosmetic product, the buyer has the right to withdraw from the purchase contract without giving any reason only if the packaging of the cosmetic product has not been disrupted.
- In accordance with § 7 art. 6 of Act no. 102/2014 Coll. the Buyer can not withdraw from the contract, which is subject to:
- a) the sale of goods contained in a protective packaging which is not appropriate to be returned for health or hygiene reasons and whose protective packaging has been disrupted upon delivery,
- b) the sale of goods made according to the specific requirements of the consumer, tailor-made goods or goods specifically intended for one consumer (custom-made goods),
- c) the sale of goods which is subject to a rapid reduction in the quality or the deterioration,
- d) performing emergency repairs or maintenance that the consumer has explicitly requested from the seller,
- e) the provision of electronic content other than on a tangible medium where its provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly instructed that, by expressing such consent, he loses the right to withdraw from the contract,
- f) the sale of periodicals, except for sales under a subscription agreement, and the sale of books not provided in the protective packaging,
- g) the sale of audio recordings, image recordings, audio-image recordings, books or computer software sold in the protective packaging, if the consumer has unrolled this packaging.
- The Buyer has the right after taking over the goods to unpack it within the withdrawal period to check the properties and functionality of the goods but has no right to use the goods and return it to the Seller after a few days. Goods that have even been used to a lesser extent than it is sufficient to check them cannot be returned unless the Seller decides otherwise in a specific case; in this case, the Buyer is liable for a reduction in the value of goods resulting from such treatment of the goods, which is beyond the treatment necessary to identify the properties and functionality of the goods. In relation to the condition set out in the preceding sentence, it is possible to return only goods which:
- a) are in its original state,
- b) have no signs of wear and tear,
- c) are undamaged,
- d) are complete (including accessories, manual, etc.).
- The Buyer is obliged to use the right to withdraw from the contract only in written form or in electronic form to the Seller's e-mail address, or by sending a filled-in form available on the Seller's Website. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent no later than the last day of the period.
- The Buyer is obliged to send the goods back to the Seller's address at the latest within 14 days from the day of withdrawal from the contract. We recommend the Buyer to issue a copy of the tax document (invoice) for his own use and send the goods by registered mail and as an insured item. It is not advisable to send the goods as cash on delivery, such goods will not be taken over.
- The buyer is obliged to attach a tax document (invoice) to the package, along with complete accessories, documentation, packaging, and any other items delivered to him. The period for returning the goods shall be deemed to have been maintained if the goods were handed over for shipment not later than the last day of the period.
- The costs associated with the return of goods are borne by the Buyer. According to the available information, these costs depend on the size, the weight of the goods, the distance from which the goods are returned and the prices for which the carrier provides its services. And it is estimated that these costs are starting at price in the amount of EUR 5, - without VAT.
- The seller commits to return the purchase price within 14 days at the latest. The payment method will be the same as used by the Buyer when purchasing unless another form of payment has been agreed. The payment for the goods purchased will be paid only upon delivery of the returned goods back to the address of the Seller or upon presentation of the document proving the return of the goods back, whichever comes first. In the case of an unauthorized withdrawal from the contract, the goods will be returned at the Buyer's expense.
- The non-taking the delivery ordered by the Buyer cannot be regarded as a valid withdrawal from the contract by law. The Seller has the right to claim from the Buyer all costs associated with failure to deliver the ordered goods. All disputes will be settled by trial, in accordance with the laws in force in the territory of the Slovak Republic. This does not affect the Seller's right to a contractual fine.
- If the Buyer fails to fulfil any of his above-mentioned obligations under these Terms and Conditions, the withdrawal from the contract is not valid and effective and the Seller is not obliged to return all demonstrable payments under these Terms and Conditions to the Buyer and is also entitled to reimbursement of the costs associated with sending the goods back to the Buyer.
Cancellation of Order
- The Buyer may cancel the order which was not yet equipped at the latest on the day of submitting the order by sending the request to email@example.com. The Seller does not charge any fees for cancelling orders under the previous sentence. If the purchase price has already been paid, the Seller shall return to the Buyer the purchase price paid within 14 days by wire transfer to the account from which the purchase price was paid.
- The Seller has the right to cancel the order if the goods are sold out or unavailable. The Buyer will promptly inform the Buyer of the cancellation of the order by e-mail. If the purchase price has already been paid, the Seller shall return to the Buyer the purchase price paid within 14 days by wire transfer to the account from which the purchase price was paid.
Terms of payment
- The Online store offers the following payment methods:
- a) Payment through PayPal - Payment made electronically through a secured payment gateway with possibility to pay by credit or debit card payment.
- b) Payment through GoPay - Payment made electronically via a secured payment gateway with possibility to by VISA, VISA Electron, MasterCard, Maestro, Dinners Club International. GoPay meets worldwide standards and meets the highest security requirements of MasterCard SecureCode and Verified by VISA.
- The price for the delivery of goods ordered in one order is independent of the number of items ordered.
- The purchase price cannot be paid by any vouchers or checks issued by any legal entity.
- The tax document (invoice) will be sent to the Buyer's e-mail address or will be enclosed in the package delivered.
- By sending an order, the buyer also agrees to receive electronic invoices. Electronic invoices are being sent in PDF form, secured against alteration of content and meet all the requirements of the tax document.
- Until full payment and takeover, the goods remain the property of the Seller, but the risk of damage of the goods passes through the takeover to the Buyer.
Terms of Delivery
- The delivery period begins on the day the order is submitted in the case of payment by means of a payment via cash on delivery or through payment gate, or on the date of receipt of the payment in the case of bank wire payment.
- Usual availability of goods may vary, and the Seller does not guarantee the immediate availability of the goods offered.
- Unless otherwise agreed, the Seller undertakes to deliver the goods to the Buyer without delay within 3 working days, but no later than 10 working days from submitting the order, unless the goods have been given a longer delivery period. If the goods are in stock, they are dispatched in the shortest time possible. The delivery of goods takes place during working days between 08:00-18:00.
- Delivery times are prolonged in case of unexpected facts that did not cause the Seller, such as unexpected intervention of force majeure, strike and other obstacles that the Seller cannot influence.
- If several items are in the order and a part of them is not in stock, the Seller shall inform the Buyer of the possibility of partial deliveries. This applies even if there is only one item in the order.
- The Buyer is obliged to unpack the goods immediately upon delivery of the goods and to determine if they are mechanically damaged. In the case of mechanical damage or incompleteness of the delivery, the Buyer undertakes to inform the Seller immediately via e-mail or telephone and to write the so- called damage survey.
- The Buyer is obliged to provide co-operation for trouble-free takeover of goods. If the Buyer fails to do so and the goods are returned to the Seller at his expense due to the repeated failure of the Buyer to take over, the Seller is entitled to compensation against the Buyer for the damage incurred in the amount of the actual costs of an unsuccessful attempt to deliver the goods.
- The Buyer is obliged to take over the goods at the place and at a time which is agreed in the Purchase Contract or otherwise in the time before the delivery with the Seller or his agent, the person authorized to deliver the goods.
- The goods are delivered Worldwide.
- The Buyer makes the complaint in writing to the Seller's address or via e-mail at firstname.lastname@example.org in the statutory warranty period of 24 months unless the law provides for another warranty period or unless otherwise agreed and begins to flow by taking over the goods by the Buyer. The Buyer is obliged at the same time to fill out a claim form placed at the end of these Terms and Conditions.
- When making a complaint, the Buyer is obliged to send the original of the tax document (invoice) to the Seller together with the goods claimed. The Seller does not take over the claimed goods sent by the Buyer for a cash on delivery. The goods must be properly packed so that the goods are not damaged during transport and we recommend the goods to be sent as a registered and insured item.
- The Buyer is obliged to provide all the required information when making a complaint truthfully, particularly to precisely identify the type and extent of the defects of the goods. These defects must be clearly photographed by the Buyer and sent to the above e-mail address.
- The Seller is responsible for any defects detected on the goods sold at the Buyer's take over and for the defects that occur after the goods are taken over and used during the warranty period.
- The seller is not responsible for defects caused in particular by the following use: mechanical damage, inevitable event (natural disaster, misconduct), use in contravention of the instructions for use and the usual way of use, in special cases, if it results from the nature of the case, by the intervention of an unauthorized person, including the user, or by any other inappropriate intervention, the use of the goods under conditions which do not correspond to their humidity, chemical and mechanical nature, the neglect of care and the maintenance of the goods (download: Manuals and Maintenance Instructions), damaging the goods with excessive load, using the goods in contravention of the conditions stated in the documentation, general principles, technical standards or safety regulations or other breach of warranty conditions.
- The seller will determine how the claim will be processed immediately, in complex cases no later than 3 business days from the date of submitting the complaint, in justified cases, in particular if a complex technical recovery of the goods is required, within 30 days from the day making a complaint, and subsequently clear the complaint within a time limit that may not be longer than 30 days after the complaint is made. The Buyer will be informed about the complaint resolution by telephone, in writing or by e-mail. Resolving the claim takes no more than 30 days from the date of delivery of the goods to the Seller, unless otherwise agreed.
- In the case of a complaint made within 12 months of the purchase of the product, the Seller may only reject the claim by denying it based on expert judgment. If the Seller rejects a complaint made after 12 months of purchase of the product, the Seller is required to inform the Buyer of who can he send the product for expert judgment. Expert judgment means, inter alia, the opinion of an authorized person or person authorized by a manufacturer to perform warranty repairs. If the product is sent for expert judgment to the designated person, the costs of the expert judgment as well as all other related expense incurred shall be borne by the Seller irrespective of the outcome of the expert judgment.
- If this is a defect that can be removed, the Buyer has the right to get it removed free of charge, timely and properly. The Buyer decides how to remedy the defect and must remove the defect without undue delay. If there is a defect that cannot be removed and prevents the thing from being properly used as a defectless thing, the Buyer has the right to exchange the item or has the right to withdraw from the Purchase Contract. The same rights apply to the Buyer if there are removable defects, but the buyer can not properly use the item for recurring defects or for a greater number of defects. Re-occurrence of defects means that the same defect, which has been removed at least twice in the warranty period, is still repeated. We speak of greater number of defects when the goods at the same time have at least three removable defects, each of which defeats the proper use of the goods. The Buyer may request replacement of the goods instead of removing the defect, or if the defect relates only to the part of the goods, the replacement of this part, if the Seller do not incur disproportionate costs with respect to the price of the goods or the severity of the defect. In the case of an unrecoverable defect that does not prevent the proper use of the goods, the Buyer has the right to a reasonable discount on the price of the goods.
- If the Buyer has the right to exchange the goods or the right to withdraw from the contract, it is up to the Buyer which one of these rights he wants to claim. But once he chooses one of these rights, he cannot change this choice unilaterally.
- The seller is obliged to resolve the complaint and to terminate the complaint procedure in one of the following ways: a) handing over the repaired goods b) replacement of the goods c) returning the purchase price of the goods d) payment of an appropriate discount on the price of the goods e) a written call for takeover of the performance requested by the Seller (f) a reasoned rejection of the complaint.
- The Seller processes the Buyer's personal data solely for the purpose of signing up the Buyer in the Online Store for the purpose of sending newsletters, processing Cookies and concluding the Purchase Contract and fulfilling its obligations to the Buyer arising from the Purchase Contract under the new Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws, especially when issuing an invoice / tax document, contacting the Buyer in connection with the handling of his order, delivery of the ordered goods by the shipping company, resolving of a possible claim, necessary communication between the parties and registration in the Online store.
- The Seller declares that he will process the personal data in accordance with good morals and will act in a way that does not conflict with the law on the protection of personal data or other generally binding legal regulations. The seller declares that the consent of the person concerned will not be enforced, it is based solely on the Buyer's willingness.
- The Seller processes the Buyer's Personal Data in the range of: first name, surname, e-mail address, billing address / delivery address, postcode and contact telephone number.
- The Buyer grants the Seller such consent to processing for a period of up to 3 years, except for registration purposes, where the Buyer grants consent for the duration of the user account and then for a maximum of 3 years. Consent to processing of personal data may be withdrawn by the Buyer at any time in writing, orally by telephone or electronically. Upon receipt of the withdrawal of consent to the processing of personal data, the Seller will block and dispose of personal data that has been processed without undue delay.
- The Seller does not disclose, publish, make available any personally identifiable information of the Purchaser to any other entity except the shipping service, the payment gateway company, and the bank with which the cooperation is necessary to properly process the order.
- The Buyer may request a change, amendment, limitation of processing, disposal, deletion, or information about his personal data, may file an objection to processing of his data in writing or by e-mail at email@example.com.
Settlement of consumer disputes through the European RSO platform
If the customer is not satisfied with the way the Seller has sorted his complaint or believes that the seller has breached his rights, the customer has the right to contact the Seller for a remedy. If the seller declines to the customer's complaint under the previous sentence or fails to respond within 30 days from the date when the complaint have been made by the customer, the customer has the right to submit an alternative dispute resolution pursuant to § 12 of Act no. 391/2015 Coll. on alternative consumer dispute resolution and on amendment of some laws. Similarly, Seller's claims against the Buyer may be exercised through the European Platform too. The relevant entity for the alternative consumer dispute resolution with the Seller is the Slovak Trade Inspection or other competent legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economic Affairs of the Slovak Republic (the list is available at http://www.mhsr.sk/); the customer has the right to choose which of these alternative dispute resolution entities to address. The customer may use an online dispute resolution platform for filing a proposal for an alternative dispute resolution, available at http://ec.europa.eu/consumers/odr/.
- The Seller reserves the right to award the Buyer a contractual fine of 10% of the price, but not less than 5 EUR, if there is a Purchase Contract that the Buyer has not cancelled or has not withdrawn from and at the same time he has not taken over the goods which have been therefore returned to the Seller, or when the Seller asked the Buyer to take over the goods, but he failed to do so.
- This contractual fine does not include shipping costs, nor any other costs incurred by the Seller in connection with the failure to meet the purchase contract.
- Payment of the contractual penalty does not relieve the Buyer of the obligation to pay the agreed purchase price unless agreed otherwise with the Seller.
- All disputes will be settled through legal proceedings in accordance with the laws in force in the territory of the Slovak Republic.
- The Seller reserves the right to amend and change these Terms and Conditions and Complaint Procedure without prior notice to the Buyer. In the event of a change in Terms and Conditions and Complaint Procedure, the entire purchase process is governed by those terms and conditions that were in effect at the time of submitting the order to the Buyer and these are available on the Seller's website.
2. An inseparable part of these Terms and Conditions is also the Complaint Procedure.
3. By submitting the order, The Buyer has read the Terms and Conditions as well as the Complaint Procedure and understood their wording.
- These Terms and Conditions, including their inseparable components, shall become valid and effective 1. May 2018
5. These Terms and Conditions and the Complaint Procedure shall take effect against the Buyer by entering into a Purchase Contract.