No items in cart
HomeTerms and Conditions

Terms and Conditions

General Terms and Conditions

1. GENERAL PROVISIONS

1.1 These General Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or under a contract of sale concluded between the Seller and the Buyer for the purpose of selling 'JAVORINA' products and products sold by the Seller under the 'JAVORINA' brand, published on the website www.javorina.com and in the Seller's printed catalogues (hereinafter referred to as the "Goods") (hereinafter referred to as the "Contract of Sale").  

For the purposes of these General Terms and Conditions, the Seller shall be deemed to be 

(i) Javorina, výrobné družstvo (Javorina Production Cooperative) with registered office at Továrenská 29, 059 01 Spišská Belá, Slovak Republic, registered in the Commercial Register of the District Court of Prešov, section Dr. 224/P, ID No.: 00 168 599, VAT No.: 2020515552, VAT No.: SK2020515552, in case your delivery address is outside the territory of the Czech Republic and the goods are not in stock in the Czech Republic (except for a legal entity whose delivery address is outside the territory of the Czech and Slovak Republics and the goods are not in stock in the Czech Republic) or

(ii) Javorina Česko s.r.o. with its registered office at Komunardů 894/32, Holešovice, 170 00 Prague 7, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, identification number: 06214517, file no. C 277941, VAT No.: CZ06214517, if your delivery address is in the Czech Republic, if your delivery address is outside the Czech Republic and the goods are in stock in the Czech Republic, and if you are a legal entity and your delivery address is outside the Czech and Slovak Republics and the goods are not in stock in the Czech Republic (hereinafter referred to as the "Seller"). 

Seller's e-mail address is shop@javorina.com. Telephone contact of the seller is +421 919 044 989.

1.2 These General Terms and Conditions and the Complaints Conditions to which these General Terms and Conditions refer (hereinafter referred to as "GTC"), as in force on the date of conclusion of the Purchase Contract, are an integral part of the Purchase Contract. 

In the event that the Seller and the Buyer enter into a written contract of sale in which they agree on terms and conditions that deviate from these GTC, the provisions of the contract of sale shall prevail over these GTC. Such agreed terms and conditions must not conflict with other legal provisions (shortening of the return period, warranty period, etc.)

1.3 The application of the General Terms and Conditions of the other Party or any other General Terms and Conditions is hereby expressly excluded, unless the Parties agree otherwise in writing. In wholesale dealings, the terms of the current commercial and contractual agreement (hereinafter referred to as the "Master Agreement") shall apply, which shall prevail over these GTC in the event of any conflict with the GTC.

1.4 If the buyer is a consumer, i.e. any natural person who acts outside the scope of his/her trade or other business activity when concluding and performing a purchase contract or a related contract, then the relations not expressly regulated by these contracts and these GTC shall be governed by Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts, as amended (hereinafter referred to as the "Distance Selling Consumer Protection Act"), Act no. 250/2007 Coll. on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 22/2004 Coll. on Electronic Commerce and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll., as amended (hereinafter referred to as the "Electronic Commerce Act"), Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts, as well as other generally binding legal regulations governing the consumer contractual relationship between the seller and the buyer. 

1.5 If the Buyer is not a consumer, then the legal relations established by the Purchase Contract, the Framework Contract or a related contract beyond these contracts and the GTC shall be governed by the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the "Commercial Code"), the Act on Electronic Commerce as well as other generally binding legal regulations governing the commercial relationship between the Seller and the Buyer. A Buyer who provides an identification number and/or VAT number when placing an order shall not be deemed to be a consumer.

1.6 These GTC and all legal relations arising between the Seller and the Buyer shall be governed by the valid and effective laws of the Slovak Republic. 

1.7 Where goods are supplied to a buyer abroad and the buyer is a taxable person for VAT, registered for VAT abroad for intra-Community transactions, the sale of the goods is governed by the reverse charge regime. In such a case, the buyer is obliged to notify the seller of his VAT identification number. If the goods are delivered abroad, the delivery conditions of the DPU INCOTERMS 2020 (delivery to the place of unloading abroad) shall apply, unless otherwise agreed between the buyer and the seller.  

1.8 For the purposes of these GTC, a supplementary contract means a contract under which the Buyer acquires goods or is provided with a service that is related to the subject matter of the purchase contract, if the goods are supplied or the service is provided by the Seller or a third party on the basis of their agreement.

1.9 The displayed purchase price for the goods on any e-commerce website operated by the Seller includes value added tax in the amount determined by the applicable law of the Slovak Republic or the Czech Republic (if the Seller is Javorina Česko s.r.o.) and does not include the price for transportation of the goods or other optional services. All promotions are valid until the stock is sold out or until the expiry of time, if limited in time and unless otherwise stated for specific goods. If the Seller offers multiple discounts or benefits on selected products, these cannot be combined (unless otherwise stated) and it is at the Buyer's discretion which discount or benefit offered is selected at the time of ordering.

1.10 The Seller reserves the right to adjust the price of the goods listed on any e-commerce website operated by the Seller on the domain www.javorina.com at any time. A change in the price of the Goods shall not apply to sales contracts concluded prior to the price change, notwithstanding that the Goods have not yet been delivered.

1.11 The Seller reserves the right to make minor modifications to the goods of a technical nature that do not affect the final appearance and functionality of the goods, even after the conclusion of the purchase contract.

2. METHOD OF CONCLUDING THE PURCHASE CONTRACT

2.1 The interested party can order the goods in the usual way - directly at the shop, by e-mail or via the online shop. The order becomes binding only after its official confirmation by the seller.

2.2 In the case of sales via the online shop, the Buyer sends the Seller a proposal for the conclusion of a purchase contract in the form of a completed and submitted form on the Seller's website, the subject of which is the transfer of ownership of the goods specified by the Buyer for consideration for the purchase price and under the terms and conditions set out in this order (hereinafter referred to as the "Order").

2.3 After the order is placed, the Buyer will receive an automatically executed notification of receipt of the order in the Seller's electronic system (hereinafter referred to as the "Order Delivery Confirmation") to his/her e-mail address. 

2.4 Acknowledgement of receipt of an order contains information that an order has been received by the Seller, but is not an acceptance of a proposal to enter into a contract of sale. Acceptance of the order shall require payment of a deposit by the Buyer (i) in the amount of 50% of the purchase price of the goods ordered if the "payment by bank transfer" option is chosen, based on the advance invoice issued by the Seller, (ii) in the amount of 100% of the purchase price of the ordered goods in the case of the "immediate payment (card/paypal)" option; and (iii) in the amount of 50% - 100% of the indicative price calculated by the Seller within 3 working days of receipt of the order confirmation in the case of an order for custom-made goods based on an advance invoice issued by the Seller. The advance payment specified in the advance invoice pursuant to this clause shall be payable within the period specified in the advance invoice. In the event of non-payment of the advance payment pursuant to this clause, the Seller reserves the right not to accept the proposal for conclusion of the purchase contract. For the purposes of these GTC, the term "made-to-measure goods" shall be understood to mean goods manufactured on the basis of the express requirements of the customer - the buyer. 

2.5 The Seller shall then send to the Buyer's e-mail address information on whether the Buyer's order has been accepted (hereinafter referred to as "Order Acceptance"). The Order Acceptance shall contain information on the name and specification of the goods the sale of which is the subject of the Purchase Contract, details of the price of the goods and/or other services, details of the expected delivery time of the goods, the name and details of the place where the goods are to be delivered and details of the price, terms, conditions, method and date of transport of the goods to the agreed place of delivery of the goods to the Buyer, details of the Seller (business name, registered office, VAT number, number of registration in the Commercial Register, etc.), and any other necessary details.

2.6 The Purchase Contract is concluded upon delivery of the acceptance of the order in electronic or written form to the Buyer.

2.7 The Seller has informed the Buyer in a clear, unambiguous, comprehensible and unmistakable manner before sending the order of the pre-contractual information concerning claims, payment, commercial, transport and other conditions by:

  1. the main characteristics of the goods or the nature of the service, to the extent appropriate to the means of communication used and the goods or service, are communicated on the relevant catalogue page of the seller's e-shop,
  2. the trade name and registered office or place of business of the seller or the person on whose behalf the seller is acting,
  3. the Seller's telephone number and other data relevant for the Buyer's contact with the Seller, in particular the Seller's e-mail address and fax number, if the Seller has informed them on the relevant sub-page of the Seller's e-shop and in Article 1 of these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  4. the address of the Seller or the person on whose behalf the Seller is acting, at which the Buyer may make a complaint, file a complaint or any other complaint, informed in Article 1 of these GTC, which are located on the relevant subpage of the Seller's e-shop,
  5. the total price of the goods or services, including value added tax and all other taxes, or, if the price cannot reasonably be determined in advance due to the nature of the goods or services, the manner in which it is calculated, as well as the costs of transport, delivery, postage and other costs and charges, or, if these costs and charges cannot be determined in advance, the fact that the Buyer will be obliged to pay them, informed on the relevant catalogue page of the Seller's online shop,
  6. about the payment terms, delivery terms, the time by which the Seller undertakes to deliver the goods or provide the service, information about the procedures for applying and handling claims, complaints and complaints of the Buyer informed in the relevant articles of these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  7. information about the Buyer's right to withdraw from the purchase contract, the conditions, time limit and procedure for exercising the right to withdraw from the contract in Article 10 of these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  8. the provision of the withdrawal form in Article 10 and in the Annex to these GTC, which are located on the relevant subpage of the Seller's e-shop; the Seller has also provided the withdrawal form itself in the Annex to these GTC, which are located on the relevant subpage of the Seller's e-shop,
  9. the information that if the buyer withdraws from the purchase contract, he/she will bear the costs associated with the return of the goods to the seller pursuant to Article 10(3) of the Act on Consumer Protection in Distance Selling, and if he/she withdraws from the purchase contract also the costs of returning the goods that due to their nature cannot be returned by post, informed in Article 10 of these GTC, which are located on the relevant subpage of the seller's e-shop,
  10. the obligation of the Buyer to pay the Seller the price for the performance actually provided pursuant to Section 10(5) of the Act on Consumer Protection in Distance Selling, if the Buyer withdraws from the contract for services after having given the Seller explicit consent pursuant to Section 4(6) of the Act on Consumer Protection in Distance Selling informed in Article 10 of these GTC, which are located on the relevant subpage of the Seller's e-shop,
  11. about the circumstances under which the buyer loses the right to withdraw from the contract informed in Article 10 of these GTC, which are located on the relevant subpage of the e-commerce of the seller,
  12. the instruction on the seller's liability for defects in goods or services under Sections 622 and 623 of the Civil Code informed in Article 11 of these GTC,
  13. the existence and details of the warranty provided by the manufacturer or the seller according to stricter principles than those set out in Section 502 of the Civil Code, if provided by the manufacturer or the seller, as well as information on the existence and conditions of the assistance and services provided to the buyer after the sale of the goods or the provision of the service, if such assistance is provided, informed on the relevant catalogue page of the seller's e-shop, which are located on the relevant sub-page of the seller's e-shop,
  14. the Buyer's obligation to pay an advance payment or provide other financial security at the Seller's request and the conditions that apply to its provision, if the Purchase Contract implies such an obligation for the Buyer, informed on the relevant catalogue page of the Seller's e-shop and in these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  15. the compatibility of the Electronic Content with hardware and software known or reasonably expected to be known by the Seller, if applicable, on the relevant catalogue page of the Seller's e-shop and in these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  16. on the actions necessary for the conclusion of the purchase contract by describing these necessary actions in these GTC, which are located on the relevant subpage of the Seller's e-commerce,
  17. that the Purchase Contract will be stored in electronic form with the Seller and is available to the Buyer after the Buyer has requested it in writing, informed on the relevant catalogue page of the Seller's e-shop and in these GTC, which are located on the relevant sub-page of the Seller's e-shop,
  18. the fact that the language offered for the conclusion of the contract is Slovak, Czech or English is informed on the relevant catalogue page of the Seller's e-shop and in these GTC, which are located on the relevant subpage of the Seller's e-shop.

2.8 If the Seller has not fulfilled the information obligation to pay additional fees or other costs pursuant to clause 2.7 (5.) of these GTC or the costs of returning the goods pursuant to clause 2.7 (9.) of these GTC, the Buyer shall not be obliged to pay these additional costs or fees.

3. RIGHTS AND OBLIGATIONS OF THE SELLER

3.1 The Seller shall:

  1. to deliver the goods to the Buyer in the agreed quantity, quality and within the agreed time period on the basis of an order confirmed by acceptance and to pack or equip them for transport in the manner necessary for their preservation and protection,
  2. to ensure that the goods delivered comply with the applicable legislation of the Slovak Republic,
  3. immediately after the conclusion of the purchase contract, but at the latest together with the delivery of the goods, provide the buyer with a confirmation of the conclusion of the purchase contract on a durable medium, for example by email. The confirmation must contain all the information referred to in point 2.7, including the withdrawal form.
  4. hand over to the buyer together with the goods in written or electronic form all documents necessary for the acceptance and use of the goods and other documents prescribed by the applicable Slovak legislation (manuals in Slovak language, warranty card, delivery note, tax document).

3.2 The Seller shall be entitled to the due and timely payment of the Purchase Price by the Buyer for the Goods delivered. The Seller shall issue the Buyer with a tax invoice relating to payments made under the Purchase Contract.

3.3 If, due to stock out or unavailability of goods, the Seller is unable to deliver the goods to the Buyer within the period agreed in the Purchase Contract or specified in these GTC or at the agreed purchase price, the Seller is obliged to offer the Buyer an alternative performance or an opportunity for the Buyer to withdraw from the Purchase Contract (cancel the order). The Buyer may withdraw from the purchase contract or cancel the order by e-mail or in paper form. If the Buyer has already paid the purchase price or part thereof, the Seller shall refund the purchase price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the purchase contract or cancellation of the order to the Buyer to the account designated by the Buyer, unless the parties agree otherwise. If the Buyer does not accept the alternative performance offered by the Seller within a reasonable period of time or does not withdraw from the Purchase Contract, the Seller is entitled to withdraw from the Purchase Contract and, if the Buyer has already paid the Purchase Price or part thereof, the Seller is obliged to return the Purchase Price or part thereof already paid within 14 days from the date of delivery of the withdrawal from the Purchase Contract to the Buyer. 

3.4 In the event of circumstances caused by force majeure which prevent the performance of the Seller's contractual obligations, the Seller shall have the right to delay performance of the obligations for the duration of such circumstances. For the avoidance of doubt, force majeure, i.e. an unforeseeable and unavoidable event, shall be deemed to include, but not be limited to, natural disaster, fire, explosion, severe storm, storm at sea, flood, war, strike, measures by governmental authorities, customs formalities, shortage or failure of energy and materials, or any other event beyond any control of the parties. 

4. RIGHTS AND OBLIGATIONS OF THE BUYER

4.1 The Buyer has been informed by the Seller that the Purchase Order includes the obligation to pay the Purchase Price.

4.2 The Buyer shall:

  1. take delivery of the ordered and delivered goods,
  2. pay the agreed purchase price to the Seller within the agreed due date, including the cost of delivery of the goods,
  3. confirm the acceptance of the goods in the delivery note with his signature or the signature of a person authorised by him.

4.3 The Buyer is entitled to delivery of the goods in the quantity, quality, date and place agreed by the parties.

5. PAYMENT TERMS

5.1 Unless otherwise agreed/indicated in the GTC, the Purchase Contract or on the relevant page of the Seller's e-shop, the Seller's costs for packaging of the goods and their transportation to the place of delivery are included in the price of the goods, however, it is not possible to deliver the services independently of the delivery of the goods, or to separate the delivery and other services.

5.2 After production of the ordered goods, the Buyer shall pay the balance of the purchase price within 14 days of receipt of the Seller's notice to pay the balance of the purchase price, unless otherwise agreed between the Seller and the Buyer. 

5.3 If the Buyer fails to pay the purchase price on time, the Seller shall be entitled to refuse delivery of the goods, in which case the Buyer shall not be entitled to claim from the Seller the payment of default interest for non-delivery of the goods on the agreed date. In case of delay in fulfilling the payment obligation, the Seller shall be entitled to demand interest on late payment from the Buyer in addition to the performance.

5.4 Upon collection of the goods, the buyer will receive a tax receipt and a receipt of payment.

5.5 Bank charges sent from the European Economic Area will be subject to SHA bank transfer codes. Bank charges for payments sent from outside the European Economic Area will be subject to the bank transfer codes OUR.

5.6 The Parties shall proceed with the settlement of their tax obligations in accordance with the legislation in force in the Slovak Republic.

5.7 The Parties undertake to accept any legislative changes in the legal order of the Slovak Republic, including changes in tax laws, which will affect the Contract and will respect their application during the period of their validity.

6. DELIVERY CONDITIONS

6.1 The Seller shall deliver the Goods in accordance with the specification agreed in the Contract.

6.2 Unless otherwise agreed by the parties, the Seller is obliged to deliver the Goods to the Buyer at the place of performance agreed in the Contract. The Buyer accepts the goods and acknowledges receipt by his signature.

6.3 Unless otherwise agreed in writing in the Contract, the Seller shall deliver the ordered Goods within a period of no more than 12 weeks from the confirmation of the order by the Seller. The standard lead time for the manufacture of Javorina range products is 8 - 10 weeks. The Seller reserves the right to vary the delivery time.

6.7 The Buyer is obliged to take delivery of the ordered goods. In the event of breach of this obligation and failure to take delivery of the goods within 14 days of the Seller's request for payment of the purchase price, the Seller shall be entitled to compensation for damages, lost profits and storage fees (in accordance with Section 614(5) of the Civil Code) in the amount of EUR 25 for each day of storage. The Seller shall be entitled to claim the damages so incurred from the advance payment made by the Client upon confirmation of the order.

6.8 In the event that the Buyer is not a consumer, the Parties agree as follows. If the Buyer does not take delivery of the purchased goods within the time limit according to the previous clause 6.7 of the GTC, the Seller may, in addition to the claims according to clause 6.7 of the GTC, withdraw from the contract of sale and sell the untaken goods to another person. The Buyer shall not be entitled to any claims for damages, e.g. loss of profit, etc. For violation of the obligation to accept the goods, the Buyer is obliged to pay the Seller a contractual penalty in the amount of the received advance payment of the purchase price, and if the advance payment has not been deposited, in the amount of 50% of the purchase price of the non-accepted goods specified in the purchase contract. The contractual penalties are payable on the date of delivery of the invoice issued by the Seller to the Buyer, the Seller is entitled to set them off against the deposit received and/or other consideration received from the Buyer. Similarly, the Seller shall be entitled to set off against the deposit received and/or other consideration received from the Buyer its claim for payment of default interest accrued up to the date of the Seller's withdrawal from the Purchase Contract. The Purchase Contract shall terminate on the date of delivery of the withdrawal from the Contract. The termination of the Purchase Contract is without prejudice to the Seller's right to payment of the contractual penalty under this clause, the Seller's right to payment of interest for the Buyer's delay in payment of the amount due under the Purchase Contract which has accrued up to the date of withdrawal from the Contract, the Buyer's right to payment of the storage fee up to the date of withdrawal from the Contract pursuant to clause 6.7 of the GTC or the Buyer's right to compensation for damages.

7. PURCHASE PRICE

7.1 The purchase price for the Goods agreed in the Purchase Contract between the Seller and the Buyer is set out in the Order Acceptance (the "Purchase Price"). If the Purchase Price stated in the Order Acceptance is higher than the price for identical Goods stated in the e-commerce offer at the time of the Buyer's submission of the Order, the Seller shall deliver an electronic message to the Buyer informing the Buyer of the offer of a new Purchase Price in a different amount, which shall be deemed to be the Seller's proposal to enter into a new Purchase Contract, which must be expressly confirmed by the Buyer by e-mail or in writing in order for the Purchase Contract to be validly concluded.

7.2 The Buyer is obliged to pay the Seller the purchase price and any delivery costs (i) via PayPal, or (ii) by credit card via Google Pay, or (iii) by wire transfer to the Seller's bank account.

7.3 If the Buyer pays the Seller the Purchase Price by wire transfer, the date of payment shall be the date on which the entire Purchase Price is credited to the Seller's account.

7.4 The Buyer is obliged to pay the Seller the purchase price for the agreed goods within the time limit according to the Purchase Contract or, if not specified in the Purchase Contract, within the time limit according to these GTC.

7.5 If the Buyer fails to pay the Seller the full purchase price within the time limit under the preceding clause 7.4 of the GTC and the parties have not agreed on payment of the purchase price for the goods in instalments, the Seller shall be entitled to refuse delivery of the goods to the Buyer.

7.6 Costs associated with the assembly and removal of the goods are not included in the purchase price, except for orders with an aggregate value of at least EUR 1,000.00. For orders whose aggregate value does not reach EUR 1,000,- the Seller does not provide assembly and removal of the goods. 

8. ACQUISITION OF OWNERSHIP AND TRANSFER OF THE RISK OF DAMAGE TO THE GOODS

8.1 Upon acceptance of the goods at the agreed place, the ownership of the goods passes to the buyer. 

8.2 The risk of damage to the goods shall pass to the Buyer at the time when the Buyer or a third party authorised by the Buyer takes delivery of the goods from the Seller or its agent authorised to deliver the goods.

9. PERSONAL DATA AND DATA PROTECTION

9.1 Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter referred to as "GDPR") and Act No. 18/2018 Coll. on the protection of personal data, as amended (hereinafter referred to as "Act on the protection of personal data").

9.2 The Seller as a controller under the GDPR and the OU Protection Act does not provide the personal data of the Buyer as a data subject under the GDPR and the OU Protection Act to a third party, except for the selected transport company that provides the delivery of goods or services, or to state authorities in case of inspection, or to an intermediary under the GDPR and the OU Protection Act on the basis of a mutual contract concluded under the GDPR and the OU Protection Act.

9.3 The Seller is obliged to secure personal data against their disclosure to unauthorized persons by taking appropriate technical and organizational measures. All employees of the Seller are also obliged to observe confidentiality in relation to personal data.

9.4 As a data subject under the GDPR and the OU Protection Act, the Buyer has the rights defined under § 19 et seq. of the OU Protection Act, namely:

  1. the right to information, which is fulfilled by this GTC,
  2. the right to request access to personal data relating to the data subject - § 21 of the Data Protection Act consists in the right of the data subject to request how and for what purposes the personal data of the data subject are processed, and this request can be addressed by the purchaser to the contact e-mail: info@javorina.com
  3. the right to rectification of personal data - Section 22 of the Data Protection Act allows the data subject to rectify personal data if it is outdated,
  4. the right to erasure of personal data - § 23 of the Personal Data Protection Act shall be exercised by the data subject if he/she is not interested in the further processing of personal data by the seller as a controller,
  5. the right to restriction of processing of personal data - § 24 of the OU Protection Act is exercised by the data subject if he/she believes that personal data have been processed in violation of the GDPR and the OU Protection Act,
  6. the right to object to the processing of personal data - Section 27 of the Data Protection Act,
  7. the right to data portability,
  8. the right to lodge a complaint with a supervisory authority in relation to the personal data processed.

9.5 The Seller obtains the following personal data from the Buyer: title, name, surname, address, delivery address, billing address, telephone number, e-mail address, which are processed for the purpose of correct order processing. This personal data is kept for 10 years for archiving purposes. In the context of order processing, personal data is processed for the purpose of issuing invoices, issuing warehouse (delivery) notes, arranging transport as well as accounting in the accounting system.

9.6 These e-commerce sites of the Seller record the IP address of persons, information about the amount of time they spend browsing these sites and information about what pages they come to us from. Cookies are text files that are stored on your computer and are also used to measure site traffic and to personalise the display of the site and through these files the Seller is able to offer a better service to buyers. Therefore, these files are perceived by the buyer as their legitimate interest. Some cookies are third-party files, e.g. Youtube, Google, etc.

9.7 Cookies can be deleted at any time or their collection can be set directly in the browser settings. If a visitor to the website wishes to refuse the collection of cookies, he or she can set this in his or her internet browser.

9.8 If the buyer has consented to the processing of personal data in the e-shop for the purpose of e-mail marketing, he/she has consented to the sending of e-mail messages to the contact e-mail address.

9.9 Personal data for e-mail marketing purposes in the scope of first and last name, e-mail address are provided for a period of five years. This personal data is not disclosed to third parties.

9.10 The Buyer may withdraw his consent at any time by sending a Withdrawal of Processing of Personal Data, which the Seller shall immediately remove. In this case, the Seller will no longer use the personal data provided by the Buyer or any other person for email marketing purposes.

10. WITHDRAWAL FROM THE CONTRACT OF SALE

10.1 If the Seller is unable to fulfil its obligations under the Purchase Contract due to the sale of stock, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Purchase Contract has interrupted production or made such significant changes as to make it impossible to fulfil the Seller's obligations under the Purchase Contract, or due to force majeure, or if, even with all due diligence, the Seller is unable to fulfil its obligations under the Purchase Contract, which may be fairly required of him, is unable to deliver the goods to the Buyer within the time limit specified in these GTC or at the purchase price specified in the order, the Seller is obliged to inform the Buyer of this fact immediately and at the same time is obliged to offer the Buyer an alternative performance or an opportunity for the Buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the purchase contract for the reasons stated in this point of these GTC, the Seller is obliged to return to the Buyer the already paid purchase price or deposit for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract by transfer to the bank account designated by the Buyer.

10.2 The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with § 7 et seq. of the Act on Consumer Protection in Distance Selling within 14 days from the receipt of the goods, or from the date of conclusion of the contract for the provision of services or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has timely and properly fulfilled the information obligations under § 3 of the Act on Consumer Protection in Distance Selling.

10.3 Within this period, the Buyer has the right to unpack and test the goods after receipt in a manner similar to that usual when buying in a traditional "brick and mortar" store, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.

10.4 Notwithstanding the above provisions, the Buyer is not entitled to withdraw from a contract of sale, the subject of which was the purchase of goods that are delivered in hygienic protective packaging for health protection or hygiene reasons (e.g. mattresses) and the protective packaging has been damaged after delivery. 

10.5 The period for withdrawal from the contract of sale shall commence on the day on which the purchaser or a third party designated by the purchaser, with the exception of the carrier, takes delivery of all parts of the ordered goods, or if

  1. goods ordered by the Buyer in one order are delivered separately, from the date of receipt of the goods that were delivered last,
  2. delivers goods consisting of several parts or pieces, from the date of receipt of the last part or piece.

10.6 The Buyer may withdraw from the contract of sale, the subject of which is the purchase of goods, even before the withdrawal period has started.

10.7 Withdrawal from the Purchase Contract must be made by the Buyer in writing in a manner that does not raise any doubt that the withdrawal has been made, or in the form of a notation on another durable medium or using the form attached as Annex 1 to these GTC (hereinafter referred to as the "Withdrawal Form"). The withdrawal period shall be deemed to have been observed if the notice of withdrawal from the purchase contract was sent to the Seller no later than on the last day of the period pursuant to Section 7(1) of the Act on Consumer Protection in Distance Selling.

10.8 Withdrawal from the Purchase Contract pursuant to the preceding clause of these GTC must contain the information required in the withdrawal form, in particular the identification of the Buyer, the number and date of the order, the exact specification of the goods, the manner in which the Seller is to return the performance already received, in particular the account number and/or the postal address of the Buyer.

10.9 If the Purchaser withdraws from the Purchase Contract, any supplementary contract related to the Purchase Contract from which the Purchaser has withdrawn shall also be cancelled from the outset. No costs or other payments may be claimed from the purchaser in connection with the cancellation of the supplementary contract, except for the costs and payments referred to in § 9 (3), § 10 (3) and (5) of the Act on Consumer Protection in Distance Selling and the price for the service, if the subject matter of the contract is the provision of a service and the service has been provided in full.

10.10 The Buyer is obliged to send the goods back to the address of the Operator's registered office without undue delay, but no later than within 14 days from the date of withdrawal from the contract of sale, or to hand them over to the Seller or a person authorised by the Seller to take over the goods. This does not apply if the seller has offered to collect the goods in person or through a person authorised by the seller. The time limit pursuant to the first sentence of this clause of these GTC shall be deemed to have been observed if the goods have been handed over for carriage no later than on the last day of the time limit.

10.11 The Buyer shall deliver the Goods to the Seller complete, including all documentation, undamaged, preferably in their original packaging and unused.

10.12 It is recommended to insure the goods. Cash on delivery shipments are not accepted by the Seller. The Seller shall refund to the Buyer all payments received from the Buyer under or in connection with the Purchase Contract, including transport, delivery and postage costs and other costs and charges, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal. The Seller shall not be obliged to refund payments to the Buyer under this clause of these GTC before the Goods have been delivered to the Buyer or until the Buyer 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 authorised by the Seller.

10.13 The Buyer shall bear the cost of returning the Goods to the Seller or to a person authorised by the Seller to take delivery of the Goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled his obligation under Section 3(1)(i) of the Act on Consumer Protection in Distance Selling.

10.14 The Buyer shall only be liable for any diminution in the value of the Goods resulting from handling of the Goods which is beyond that necessary to establish the characteristics and functionality of the Goods. The consumer shall not be liable for the diminution in value of the goods if the seller has not fulfilled the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3(1)(h) of the Act on Consumer Protection in Distance Selling.

10.15 The Seller is obliged to refund the Purchase Price for the Goods to the Buyer in the same manner as used by the Buyer in its payment, unless the Seller agrees with the Buyer on a different method of refunding the payments without the Buyer being charged any additional fees in this regard.

10.16 In the event that the Buyer withdraws from the Contract and delivers to the Seller Goods that are used, damaged or incomplete, the Buyer undertakes to reimburse the Seller in particular:

  1. the value by which the value of the goods has been reduced within the meaning of Section 457 of the Civil Code in the actual amount,
  2. the costs incurred by the Seller in connection with the repair of the goods and their restoration to their original condition.

The Buyer is obliged to pay the Seller compensation in accordance with this point of the GTC in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

10.17 In accordance with Section 7(6) of the Consumer Protection Act, the buyer may not withdraw from a contract whose subject matter is:

  1. the sale of goods made to the consumer's specific requirements, made-to-measure goods or goods designed specifically for a single consumer,
  2. the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery,
  3. the sale of goods which, because of their nature, may be inextricably mixed with other goods after delivery,
  4. the performance of urgent repairs or maintenance expressly requested by the consumer from the seller; this does not apply to service contracts and contracts for the sale of goods other than spare parts necessary for the performance of repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order the services or goods in advance,
  5. the sale of sound recordings, visual recordings, phonograms or computer software sold in protective packaging if the consumer has unwrapped the packaging,
  6. the provision of electronic content otherwise than on a tangible medium, where the provision of the electronic content has been initiated with the express consent of the consumer and the consumer has declared that he has been duly informed that he loses the right of withdrawal by expressing that consent,
  7. the provision of the service of delivering goods to the house/apartment, if the service has been fully provided.

10.18 The provisions of Article 10 of these GTC expressly do not apply to entities that do not meet the definition of a consumer set out in Section 2(a) of the Consumer Protection Act.

11. LIABILITY FOR DEFECTS IN GOODS, CLAIMS FOR GOODS

11.1 The warranty period for goods under the brand name "Javorina" and for Javorina goods, which by their construction and design include functional fittings and fasteners of the Hettich and BLUM brands, is 5 years. For other goods or parts of goods not manufactured under the brand name "Javorina", as well as for goods classified under the category "OUTLET", the warranty is 24 months. The Seller may also provide the Buyer with a warranty of a greater extent by agreement between them or by unilateral declaration in the warranty card and in the advertisement. The warranty period, whether statutory, agreed or granted by a declaration in the warranty card, starts in principle from the acceptance of the product by the buyer.

11.2 The Seller shall not be liable for defects caused by:

  1. force majeure, i.e. an unforeseeable and unavoidable event beyond any control of the parties;
  2. improper handling, assembly, installation, repair, modification or other modification by the buyer - in violation of the instructions for use / the usual manner of use, or other unprofessional intervention,
  3. using other parts, materials not intended for use with the goods,
  4. neglect of routine maintenance of the goods,
  5. as a result of using the goods in a manner other than that recommended/usual or for which the goods were intended and sized, 
  6. due to the use of the goods in an unsuitable environment with regard to the properties/character of the material, 
  7. normal use/wear and tear. 

11.3 The Seller's liability for defects in the goods, the conditions and method of complaint, including information on where a complaint can be made, and the performance of warranty repairs are informed to the consumer by the Seller's COMPLAINT PROCEDURE on the website of the Seller. www.javorina.com, which is an integral part of the GTC.

11.4 In the case of a Buyer who is not a consumer, this section of the GTC shall also apply. If the Buyer, to whom the Goods have been delivered by the Seller, delivers and installs such Goods at the end-customer's premises himself or through a person authorised by him, he shall, in the event of a claim for the Goods, be obliged to bring such Goods to the place where the Seller has delivered the Goods, unless he has agreed otherwise with the Seller. In the event that the Buyer also requests, as part of a claim with the Seller, the removal of such goods from the end customer to whom the Buyer sold the goods, the Buyer shall be obliged to reimburse the Seller for the costs incurred by the Buyer in connection therewith, unless it becomes apparent that the defect in the goods was not caused by the Buyer.

12. QUALITY OF GOODS, CONSTRUCTION AND PACKAGING

12.1 The furniture is made of solid wood, with the exception of furniture components for which solid wood is not suitable, but the materials used are declared in the product data sheet. (Other materials used are veneered MDF or laminated solid material and solid spruce. The veneer quality of the veneered MDF used is B/C. The centre board on the double beds is made of spruce wood.) The construction properties and load capacities of the individual products are specified in the product data sheets of the products.

12.2 The solid wood used may contain variations that occur naturally in natural material, but must be professionally treated in visible areas. Deviations are understood to be eyelets, knots, notches, etc. The external view surfaces may contain natural deviations (eyelets, knots, notches, etc.) up to a maximum surface area of 4 cm², white creases, slight discolorations, colour and structural differences inherent in solid wood. Lengthwise overlapping of slats is also allowed for products longer than 200 cm. On the inner parts of the furniture, sapwood and lengthwise overlapping are allowed without restriction, natural defects up to a maximum of 10 cm². On the invisible surfaces (undersides - bottoms, table tops, backs,...), localised minor under-planing, under-sanding and localised variations in the natural wood character are allowed.

12.3 Furniture is designed, manufactured and adapted to withstand normal temperature and humidity differences in interiors, but is not intended for excessively dry or humid environments or exteriors. The moisture content of the wood used in the manufacture of the products is 9 +/- 2%. Cracking of the wood in the glued joint is not allowed, microcracks on the surface caused by changes in the moisture content of the wood up to a width of 0.2 mm are allowed. Bending and warping in the transverse direction caused by changes in moisture content is normally within +/- 0,2 % in both the longitudinal and transverse directions.

12.4 In the case of atypical design of the goods, variations in design are permitted depending on the complexity of the design and the requirements of the purchaser.

12.5 During production, furniture is finished in two layers, but it is possible that due to the different structure of wood as a natural material or due to the change in humidity of the environment after transport and after unpacking, minor changes in the surface quality (slight roughening of the surface due to the stress of the wood fibre) may occur. These changes are usually easily removed by simple treatment of the furniture (sanding and oiling for oiled furniture), even under domestic conditions.

12.6 Cabinet and cupboard products are delivered assembled. Beds, tables and desks unassembled. However, they are very easy to assemble. Assembly instructions are included with all products supplied disassembled.

12.7 Javorina Products are normally packed in multiple layers of protective and packaging materials to reduce the risk of damage in transit. 

13. TREATMENT OF OILED SOLID FURNITURE

13.1 Surface treatment of furniture with products based on natural waxed oils is nowadays the predominant surface treatment for modern solid furniture. It preserves the natural character of the product and also has the significant advantage of ease of maintenance and full restoration of damaged surfaces in domestic conditions. On the other hand, oiling does not provide as much protection against moisture and mechanical damage as varnishing (especially at the beginning of use), and it is therefore necessary to create as thick a continuous layer of oil and wax as possible by regular treatment. After purchasing a product with an oiling finish, we recommend that all, but especially the top surfaces of tables and furniture tables, are lightly sanded with a sanding cloth, oiled and after 1-2 minutes of exposure, the excess oil is wiped off with a dry cloth (supplied by Javorina in the furniture care pack). Only wipe coloured surfaces gently, but enough to avoid leaving shiny continuous areas on the surface. If furniture oil is unavailable, commercial products containing waxes and oils such as Pronto can also be used for routine treatment, in which case follow the instructions on the product. If you repeat the treatment initially 1-2 times a month a continuous protective layer will form which will be highly resistant to damage and liquids, giving the furniture an elegant shine and the surface will feel very pleasant to the touch.

13.2 Solid furniture Javorina is not suitable for outdoor use and for its full functionality it must be placed indoors with a temperature between 10 - 30°C and humidity between 35 - 70%.

14. FINAL PROVISIONS

14.1 The Parties agree that all disputes arising out of or in connection with the Contract shall be settled by mutual agreement. In the absence of agreement, disputes shall be finally settled by a court of competent jurisdiction.

14.2 In the event of disputes, all legal proceedings shall take place in the territory of the Slovak Republic and shall be subject to its applicable laws and provisions.

14.3 These GTC shall enter into force on 1.11.2023. The Seller is entitled to unilaterally change the GTC at any time. The GTC valid and effective at the time of conclusion of the purchase contract shall apply to the relationship between the Buyer and the Seller.

14.4 By sending the order or by making the advance payment, the Buyer confirms that he/she has read these GTC and its annexes in advance, understands their content, unconditionally agrees with them and accepts the terms and conditions set out therein. The supervisory authority is the Inspectorate of the Slovak Trade Inspection based in Prešov for the Prešov Region, Obrancov mieru 6. Prešov.

14.5 If the Purchase Contract is in writing, any modification of the Purchase Contract must be in writing.

In Spišská Bela, 01.01.2023