I.
General Provisions and Definition of Terms
These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the rights and obligations between the Seller and the Buyer in the purchase of goods offered by the Seller through the online store on the website www.gracefolk.com (hereinafter referred to as “gracefolk.com”). The GTC are an integral part of the purchase agreement concluded between the Buyer and the Seller through the online store of CREATIVEPLANT s.r.o. (hereinafter referred to as the “Purchase Agreement”). (The Seller and the Buyer are hereinafter collectively referred to as the “Contracting Parties”).
The subject of the Purchase Agreement is the purchase and sale of goods on the online store website of Creativeplant s.r.o.
The Seller and operator of the online store www.gracefolk.com is:
Creativeplant s.r.o., with its registered office at Revolučná 171/4, 94655, Slovak Republic
Company registration no.: 50 110 331
Tax ID: 2120175651
VAT ID: SK2120175651
Creativeplant s.r.o. is registered in the Commercial Register of the Nitra Regional Office, Section: Sro, Insert No. 57676/N
The company is a VAT payer.
Contact details:
Mgr.art Lenka Lubušká
E-mail: hello@gracefolk.com
Tel.: + 421 908 145 159
Bank details:
Financial institution: FIO banka
IBAN: SK4783300000002600923297
(hereinafter referred to as the “Seller”
The Buyer means a natural person or a legal entity that enters into a business relationship with CREATIVEPLANT s.r.o. by sending an electronic order through the gracefolk.com online store (hereinafter referred to as the “Buyer”)
These GTC apply within the European Union for the purchase of goods ordered through gracefolk.com.
The GTC enter into force on the day of their publication on gracefolk.com.
All relationships between the Buyer and the Seller that are not governed by these general terms and conditions of business are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code as amended. If the Buyer is a consumer within the meaning of Section 52, paragraph 3 of Act No. 40/1964 Coll. Civil Code as amended, i.e., if the Buyer is not entering into and performing the contract in the course of their business or other entrepreneurial activity, the relationships not governed by these general terms and conditions are governed by the relevant provisions of Act No. 40/1964 Coll. Civil Code as amended.
The Buyer's rights in relation to the Seller arising from Act No. 250/2007 Coll. on Consumer Protection and on Amendments to the Slovak National Council Act No. 372/1990 Coll. on Misdemeanors as amended, and from the Consumer Protection Act No. 634/1992 Coll. as amended, and the Consumer Protection Act on Door-to-Door Sales and Mail Order Sales No. 108/2000 Coll. as amended, remain unaffected by these terms.
An electronic order means an electronic form sent containing information about the Buyer, a list of the goods ordered from the gracefolk.com offer, and the total price of these goods, processed by the online store system.
Goods means all products listed in the Seller's valid price list on gracefolk.com.
II.
Order
The validity of the electronic order is subject to the correct and complete filling out of the registration form on gracefolk.com.
The Seller is not liable for any delay in delivery or for any damage caused by the Buyer failing to provide all required information during registration and/or filling out the registration form incorrectly. The Seller is also not liable for any damage caused to the Buyer by the Buyer forgetting their access password and/or the Buyer's access password falling into the hands of unauthorized persons without the Seller's fault.
An accepted electronic order is considered an offer to enter into a Purchase Agreement and is binding.
The Purchase Agreement between the Seller and the Buyer is concluded based on the binding confirmation of the electronic order in the system. The Seller is obliged to confirm the contents of the Buyer's electronic order by email (to the email address provided by the Buyer in the electronic order); otherwise, it shall be deemed that no Purchase Agreement was concluded between the Contracting Parties. The Seller shall confirm the order within 3 days of its submission by the Buyer. The Buyer is obliged to check the contents of the electronic order stated in the email sent by the Seller. If any discrepancies regarding the contents of the electronic order confirmed by the Seller are found, the Buyer is obliged to notify the Seller by email sent to hello@gracefolk.com.
The essential elements of the electronic order are considered to be:
a) Identification of the Buyer, i.e., business name or first and last name, registered office/place of residence, company registration number, tax ID, contact details (telephone number and email address);
b) Name of the ordered goods or its code;
c) Quantity of the ordered goods;
If the order does not contain the elements specified in the preceding paragraph, it shall be considered incomplete. In such a case, the Seller will attempt to contact the Buyer and request that they remedy the deficiencies of the electronic order and, if necessary, correct and/or complete it. The electronic order shall be considered complete upon delivery of the information correcting and/or completing the electronic order to the Seller.
III.
Order Cancellation
The Buyer has the right to cancel an electronic order without giving any reason at any time before it is bindingly confirmed by the Seller.
The Seller reserves the right to cancel the order or part of it in the following cases:
2.1 In the case of a cash-on-delivery order, the order could not be bindingly confirmed (incorrect phone number, unavailable, does not respond to emails, etc.)
2.2 The goods are no longer manufactured or supplied, or the supplier's price of the goods has changed significantly. In the event that this situation occurs, the Seller will immediately contact the Buyer to agree on further steps. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to their account within 30 calendar days.
IV.
Delivery Terms
The ordered goods will be dispatched as soon as possible, depending on the availability of the goods and the Seller's operational capacity; however, the delivery or collection time for the goods is generally 3 to 21 days from the date of order confirmation in the case of cash on delivery, or from the receipt of payment to the Seller's account in the case of advance payment chosen by the Buyer. In exceptional cases when some types of goods are out of stock and are also not available from manufacturers and importers, the delivery period may be longer.
For selected products, the Seller specifies the delivery date directly on the selected product page.
The Buyer chooses the delivery method themselves through the order form on gracefolk.com or through another means of communication. The Buyer can choose the following delivery method:
a) Personal collection in the town of Pribeta by agreement with the Seller – free
b) Courier (postal service) – price 2.5 EUR
c) Slovak Post – registered letter – 0 EUR
The shipping costs will always be announced to the Buyer when verifying the order, or the Seller may recommend a cheaper/different shipping option to the Buyer.
Goods delivered via courier service are sent to the delivery address provided by the Buyer in the electronic order. The courier service will contact the Buyer by phone before delivering the goods to the Buyer and will bindingly agree on the exact delivery time. If the Buyer is not present at the agreed time and at the delivery location and does not authorize another person to receive the goods, the Buyer is liable for any damage caused to the Seller and/or the courier service as a result of the unsuccessful delivery of the goods to the Buyer.
Ownership of the goods passes to the Buyer upon their receipt and payment of the purchase price.
The shipment with the goods always contains an invoice. Upon receiving the goods, the Buyer is obliged to check whether the packaging containing the goods is damaged and to sign the shipment receipt document. If it is damaged, it is necessary to draw up a report on the defects found during transport with the carrier – the courier service – at the place of delivery. If the Buyer accepts the goods despite obvious damage to the packaging, the Seller will not recognize any subsequent complaints for this reason.
The Seller delivers goods exclusively within the territory of the Slovak Republic.
The delivery of goods to the territory of the member states of the European Union, resp. other states, is carried out on the basis of prior consent and mutual written agreement on the postage and customs fees and resp. other delivery terms between the Buyer and the Seller.
The Buyer is obliged to receive the goods at the location specified in the Buyer's purchase agreement. In the event of a delay in the delivery
of the goods by the Seller, the Seller undertakes to inform the Buyer immediately and agree on a new alternative deadline or the delivery of similar resp. other goods; otherwise, the Seller undertakes to return the paid purchase price, or the corresponding advance payment for the goods agreed in the purchase agreement, to the Buyer within 15 days.
V.
Pricing Terms
The purchase price of the goods offered by the Seller via gracefolk.com is always stated next to the selected goods. The purchase price is always stated including value added tax, unless otherwise stated.
The Seller reserves the right to unilaterally change (increase/decrease) the prices of the goods listed on gracefolk.com without prior notice. The Seller reserves the right to change prices due to changes in prices from manufacturers, importers, etc. The valid price of the product will always be announced upon order confirmation. In the event of a price change of the ordered goods, the Seller will immediately inform the Buyer of this fact by email. The Buyer has the right to cancel the order at such amended prices.
Upon delivery of the product, the Buyer pays the price of the product + shipping and customs fees and possibly the cash-on-delivery fee.
If the price of some goods on gracefolk.com appears to be obviously incorrect, e.g. if it is a commonly available and generally known good and its price differs from the usual price, or due to a system error, the price of the goods appears as "0 EUR" or "1 EUR", the Seller is not obliged to deliver the goods at the incorrect price, but may offer the Buyer delivery of the goods at the correct price. If the Buyer does not agree with the correct price of the goods in this case, they may withdraw from the Purchase Agreement.
The Buyer pays by cash on delivery, transfer/deposit to the Seller's account.
In the case of applying a discount based on a discount coupon, it is necessary to enter the number of this coupon in the appropriate field before completing the order.
VI.
Payment Terms
Payments are made in EUR, and the Seller requires one of the following payment methods:
a) Payment via Trustpay (card payment). The payment is recorded by the Seller immediately, and the goods will be dispatched as soon as possible.
b) Advance payment to the Seller's bank account: The goods will be dispatched
after receipt of payment by transfer to our account at Fio banka a.s.
Bank details:
Financial institution: FIO bank
IBAN: SK4783300000002600923297
Variable symbol: use your electronic order number.
VII.
Warranty Terms and Conditions and Warranty Period
The Buyer is provided with a warranty period of 24 months for the supplied goods. The warranty period begins on the day the goods are delivered to the Buyer (in person at the company's registered office or upon receipt of the shipment at the post office). The Seller may extend this statutory period. The warranty period is extended by the duration during which the product was under warranty repair, according to the attached documents of the previous repair (complaint).
Product defects and claims arising from product defects must be filed before the end of the warranty period. Upon expiration of the warranty period, the right to file a complaint expires.
For each product purchased from the Seller, an invoice (proof of purchase) is attached to it upon delivery to the Buyer, which also serves as a delivery and warranty certificate.
Only products purchased from the Seller and fully paid for can be returned. The Buyer is obliged to describe the defect for which the product is being returned as clearly as possible.
When filing a complaint, the Buyer is obliged to deliver the returned product to the Seller's registered office address clean, mechanically undamaged, in its original packaging, including the Required documents.
A justified warranty complaint is free of charge. The Buyer shall bear the costs of returning the complained product to the Seller. In the case of an unjustified complaint, the Buyer is obliged to cover the costs incurred in resolving this complaint.
VIII.
Complaint Procedure
The procedure of the Buyer, who is a consumer within the meaning of Section 52, Paragraph 3 of Act No. 40/1964 Coll. Civil Code, as amended, when exercising the rights arising from the Seller's liability for defects in goods purchased on gracefolk.com, as well as the modification of the rights and obligations of the Contracting Parties related thereto, is governed by Sections 619 to 627 of Act No. 40/1964 Coll. Civil Code, as amended, and Act No. 250/2007 Z.z. on Consumer Protection and on the Amendment of the Act of the Slovak National Council No. 372/1990 Coll. on Misdemeanors, as amended by later regulations.
The procedure of the Buyer, who is not a consumer within the meaning of Section 52, Paragraph 3 of Act No. 40/1964 Coll. Civil Code, as amended, when exercising the rights arising from the Seller's liability for defects in goods purchased on gracefolk.com, as well as the modification of the rights and obligations of the Contracting Parties related thereto, is governed by Sections 422 to 442 of Act No. 513/1991 Coll. Commercial Code, as amended.
By sending the electronic order to the Seller, the Buyer confirms that they have familiarized themselves with the Seller's complaint procedure and fully agree with it. Upon sending the electronic order to the Seller, the complaint procedure becomes binding for the Buyer.
IX.
Product Inspection Upon Receipt
Upon receipt of the product, the Buyer is obliged to inspect whether the packaging in which the product is packed is undamaged. In the event of its damage, it is necessary to draw up a report on the defects found caused during transport with the delivery person or courier service at the place of delivery. If the Buyer accepts the product despite evident damage to the packaging, the Seller will not recognize any subsequent complaints for this reason.
The Buyer is obliged to inspect the delivered product without undue delay after its receipt.
If the Buyer discovers incompleteness of the product or any damage to the product caused by transport that is not apparent from external damage to the packaging, they are obliged to file a complaint with the Seller immediately, but no later than 7 days after receipt of the shipment. Otherwise, the delivery is considered complete and free of defects, and complaints under this title will not be accepted.
The Buyer is obliged to complain to the Seller about defects in the product purchased on gracefolk.com without undue delay according to the conditions set out in the relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended, and Act No. 40/1964 Coll. Civil Code, as amended.
X.
FILING A COMPLAINT
If the Buyer discovers that the goods they ordered do not match the goods they received, the Buyer has the right to return the goods to the Seller within max. 7 days of receiving the goods. The Seller shall bear the costs of returning the goods.
The goods subject to return/exchange/complaint must be complete, unused, undamaged, and in the original undamaged packaging. The goods must not show any signs of use. The Buyer bears the risk of damage to the goods subject to return/exchange/complaint until the moment these goods are received by the Seller.
The Buyer is obliged to send the proof of purchase together with the goods subject to return/exchange/complaint by registered mail to the Seller's registered office address. The Seller reserves the right not to accept goods sent by the Buyer on payment on delivery.
The total amount for the goods returned to the Seller in accordance with these General Terms and Conditions shall be transferred to the Buyer's account within 30 days from the day the documents were received with the goods being returned for the reason specified in point 1., 2. of this article.
The Buyer's right to claim the warranty expires:
– loss of the proof of payment
– failure to report obvious defects upon receipt of the goods,
– expiration of the warranty period of the goods,
– mechanical damage to the goods caused by the Buyer, failure to follow the instructions and recommendations for the use and care of the product
– damage to the goods during transport by the Buyer's own means of transport,
– use of the goods in conditions that do not correspond in terms of humidity, chemical and mechanical influences to the natural environment,
– improper handling, operation, or neglect of the goods,
– damage to the goods by excessive loading, or use in violation of the conditions specified in the documentation, general principles, technical standards, or safety regulations valid in the Slovak Republic,
– damage to the goods by unavoidable and/or unforeseeable events,
– damage to the goods by accidental damage and accidental deterioration,
– improper intervention, damage during transport, damage by water, fire, static or atmospheric electricity, or other force majeure,
– intervention by a person not authorized to handle the goods.
XI.
Circumstances excluding liability for failure to perform
Neither of the Contracting Parties shall be liable for failure to perform if circumstances arise due to force majeure.
An event due to force majeure is considered an event that the Contracting Parties could not foresee and could not prevent even by exercising the highest possible professional care, which is independent of their will, especially war, rebellion, strike, natural disasters, changes in legislation, and others.
In the event that an event according to point 2 occurs, the Contracting Parties are obliged to notify each other of this fact without undue delay.
Unexpected technical or logistical failures exempt the Seller from the agreed obligations.
XII.
Consumer contracts and notification of the right of withdrawal
In the event that the Purchase Agreement is concluded using means of remote communication (in this case, an online store), the Buyer has the right to withdraw from the Purchase Agreement within 7 days of receiving the goods. Only if the Seller did not provide the Buyer with the information that they are obliged to provide under § 10 of Act No. 108/2000 on Consumer Protection in Door-to-Door Sales and Mail-Order Sales, as amended, by the latest regulations, is this period 3 months from the receipt of the goods. If the information is properly provided during this period, the three-month period expires and a seven-day period begins to run from that time. However, the Buyer cannot withdraw from the contracts specified in § 12 para. 5 of Act No. 108/2000 on Consumer Protection in Door-to-Door Sales and Mail-Order Sales, as amended by the latest regulations.
The Buyer's notification of withdrawal from the Purchase Agreement must be delivered to the Seller before the end of the withdrawal period, and at the same time, the complete goods must be properly returned to the Seller in their original condition with all documents and documentation that were provided to the Buyer. For prompt processing, the goods must be returned to the Seller's registered office address.
By the Buyer's withdrawal from the Purchase Agreement, the Purchase Agreement is canceled from the beginning. The Seller is obliged to take back the goods and return the price paid for the goods to the Buyer, including the costs incurred by the Buyer in connection with ordering the goods, no later than 15 days from the day of withdrawal from the Purchase Agreement, by transferring it to the Buyer's account. The Buyer shall bear the costs of returning the goods only if the goods fully met the qualitative requirements and had no defects .
In the event of failure to meet any of the above conditions, the Seller will not accept the withdrawal from the electronic order and the goods will be returned at the Buyer's expense.
XIII.
Personal Data Protection
The Seller stores the personal data provided by the Buyer exclusively for the purpose of fulfilling and additionally confirming the terms of the Purchase Agreement, for the purpose of processing the electronic order, arranging delivery, settling payments, and for necessary communication between the contracting parties for a period of ten years.
The Seller shall not disclose the Buyer's data to third parties, with the exception of subcontractors and the Seller's intermediaries, and only those data that are necessary for the successful completion of the delivery. The Seller processes the Buyer's personal data in accordance with the provisions of Act No. 428/2002 Coll. on the Protection of Personal Data, as amended. By ordering goods via gracefolk.com, the Buyer confirms that they have voluntarily provided their personal data to the Seller and agrees to their processing in the Seller's records, provided they are not in conflict with legal regulations, and also to the disclosure and provision of the data to third parties and state institutions under the conditions and to the extent provided by legal regulations.
The Buyer declares that all data provided by them are true. The Buyer declares that they are aware of the consequences of providing false data, especially the fact that such an act could be classified as a criminal offense.
Article XIV.
Final Provisions
The Seller advises that the information provided on gracefolk.com may be updated without prior notice.
The Seller and the Buyer agree that they fully recognize remote communication – telephone, electronic communication, especially via email and the internet as valid and binding for both contracting parties.
The Seller shall not be liable to the other party for direct, indirect, or consequential damages caused by the use of information from gracefolk.com.
The Seller may change the goods listed on gracefolk.com at any time without prior notice.
The Seller reserves the right to change and/or supplement these Terms and Conditions at any time without prior notice. Changes and/or supplements to these Terms and Conditions shall become effective on the day they are published on gracefolk.com.
Notwithstanding any other provision of the contract, the Seller shall not be liable to the Buyer for lost profits, loss of opportunity, or any other indirect or consequential losses resulting from negligence, breach of contract, or otherwise.
The contracting parties agree that all disputes arising between them from legal relations based on the contract or related contracts, including disputes over the validity, interpretation, and termination of this contract, shall be resolved preferentially through mediation.
By sending an electronic order to the Seller, the Buyer also confirms their unconditional agreement with the Seller's Terms and Conditions.
These Terms and Conditions are effective from 1 January 2024.