Terms and Conditions
of Business of the company GAUDIN MONK, s.r.o
registered office Björnsonova, 811 05 Bratislava 3044/8
for the sale of goods through the on-line store at the web address
1. These terms and conditions of business regulate the rights and duties of the contracting parties in connection with or based on the purchase agreement concluded between the company GAUDIN MONK s.r.o., registered office Björnsonova 3044/8, 811 05 Bratislava as a vendor (hereinafter referred to as the “Vendor”) and another natural person or legal entity as a consumer (hereinafter referred to as the “Buyer”) through the internet store operated at the web address www.thibaudgaudin.com
2. The terms and conditions of business shall not apply to transactions in which the Buyer orders goods as part of the Buyer’s business activities.
Conclusion of the purchase agreement
1. The store’s web interface includes a list of goods that the Vendor offers together with the price of each product. The offer prices of goods include VAT and are quoted in euros.
2. The Buyer expresses the wish to enter into a purchase agreement by ordering from the Vendor, i.e. by completing the order form using the store’s web interface. The Buyer orders a specific item by placing it in an electronic shopping basket, selecting a specific method of payment of the purchase price, completing information on the required means of delivery of
the goods and providing personal data including a correspondence address.
3. A basic requirement for acceptance of an order is that the order form sent to the Vendor is correctly completed. If an order form is completed incorrectly or is not complete, it will not be considered an order. The Vendor will accept orders from persons over 18 years of age. The Vendor reserves the right to reject orders that give rise to the suspicion that internet sale is being abused by unauthorised persons (e.g. if an order does not include the Buyer’s telephone number or email address).
4. Before sending an order to the Vendor, the Buyer has the opportunity to check and correct the information. The information in the order that the Buyer sends will be considered correct except in the cases specified in point (4) of this article.
5. The Vendor shall confirm receipt of a submitted order without undue delay by sending a message to the Buyer at the email address given in the Buyer’s order.
6. The Vendor is entitled to request additional confirmation of the order from the Buyer, either by electronic communications or by telephone, if necessary in view of the character of the order (the quantity of goods ordered, anticipated transport costs).
7. The Buyer takes note that the Vendor is not obliged to enter into a purchase agreement, in particular with persons who have grossly violated a purchase agreement including the terms and conditions of business.
8. By sending an order the Buyer gives consent to the conclusion of a purchase agreement by the method specified above in this article, i.e. remotely, by using means of communication. Costs that the Buyer incurs in connection with conclusion of the agreement (internet connection, telephone calls) will be borne by the Buyer alone.
9. The purchase agreement commences from delivery of the Vendor’s receipt for the order to the Buyer at the Buyer’s email address.
The price of goods and terms and conditions of payment
1. The Buyer must pay the purchase price of goods ordered from the Vendor in the amount in force at the time when the order was made, i.e. at the time of sending the electronic order form. The Buyer can pay the purchase price:
a) in cash on delivery to the location specified by the Buyer in the order (for payments up to a maximum of 300,- EUR;) ;
b) by bank transfer to the Vendor’s account, no. 4017514188/7500, kept in EUR.
2. Besides the purchase price of the goods, the Buyer must pay costs connected with delivery of the goods in the contractually agreed amount. Information on price conditions for the transport of goods are given in article V of the General Terms and Conditions of Business – Conditions for the delivery of goods.
3. If the purchase price is paid by the method specified in point (1)(a) of this article, the purchase price is payable on delivery of the goods.
4. If the purchase price is paid by the method defined in point (1)(b) of this article the purchase price is payable on the fifth day following the conclusion of the purchase agreement. In this case the Buyer must identify payment with the variable symbol for the purchase, which the Vendor will send to the Buyer in the receipt for the order. In this case the purchase
price shall be considered paid from the moment when it is credited in full to the Vendor’s account.
5. The Vendor will issue a tax document – invoice to the Buyer after payment of the purchase price and send it to the Buyer’s email address.
6. The Vendor is entitled to require advance payment from the Buyer:
a) if there are grounds to believe the Buyer will not accept delivery for payment on delivery;
b) if the goods cost more than EUR 300;
c) if the goods are marked as a special offer (“mimoriadna akcia”) at the time of order.
7. The invoice for the purchase price plus post and packing that the Vendor sends to the Buyer together with the goods also serves as a tax document (receipt) and delivery note.
8. If the Buyer pays the purchase price in advance the Vendor is unable to deliver the goods, the Vendor will return the paid purchase price to the Buyer within 15 days of notification of the Buyer’s decision; the funds will be transferred to the Buyer’s account specified in an email sent to email@example.com or in a letter sent to the Vendor’s registered
office. If the account numbers sent in an email message and a letter sent to the Vendor’s registered office are not the same, the Vendor can send money by post or to the account in the document received first (the Buyer’s email message or letter).
9. The Buyer becomes the owner of the goods a) on payment of the purchase price if the goods are sent for payment on delivery, b) on delivery of the goods to the Buyer if the Buyer pays for the goods in advance, except in a case falling under point (8) of this article.
Withdrawal from the agreement
1. Under section 12(1) of Act No. 108/2000 Z.z. on the protection of consumers in door-to-door sales and mail-order sales, as amended, the Buyer has the right as a consumer to withdraw from the agreement without specifying any reason up to fourteen (14) days from the date of taking delivery of goods. If the Buyer decides to withdraw from the agreement, he must complete an electronic form on the website of the Vendor’s internet store. The completed form must be sent to the Vendor by email no later than seven days from the date of delivery of the goods.
2. If the Buyer withdraws from the agreement pursuant to point (1) of this article, the Buyer must return the ordered goods to the Vendor without undue delay at the following address: GAUDIN MONK s.r.o., Björnsonova 3044/8, 811 05 Bratislava. A condition for refunding the consumer the payment price for the ordered goods is that the goods must be returned complete together with all accessories, in a complete, undamaged, clean and hygienically acceptable condition. The goods concerned must be delivered to the Vendor no more than five (5) working days from the sending of the electronic form for withdrawal from the agreement.
3. The Buyer must pay all costs connected with the return of the goods, which must be sent as ordinary post, in the case of large shipments as a parcel, and without the condition of payment on delivery. Goods sent with the condition of payment on delivery will not be accepted.
4. No later than 15 days after the return of goods, the Vendor is entitled to carry out an inspection of goods returned by the Buyer to determine whether they satisfy the conditions laid down in point (3) of this article. If the returned goods have been used or washed, have become damaged or worn, the Vender reserves the right to compensation for damages, which may
be offset against the Vendor’s duty to return the purchase price. This shall not apply to goods that are returned because of a defect during a warranty period.
5. If the Buyer withdraws from the agreement pursuant to this article and the conditions laid down in point (3) of this article are satisfied, the Vendor must return sums paid by the consumer no later than 30 days after withdrawal from the agreement.
6. Unless the Vendor and the Buyer agree otherwise, the Buyer cannot withdraw from an agreement concerning:
a) the sale of goods whose characteristics prevent them from being returned
b) the sale of audio or visual recordings that the consumer has unpacked
c) the sale of computer programs that the consumer has unpacked
d) the sale of newspapers, magazines and periodicals
1. The Vendor undertakes to deliver the ordered goods to the Buyer no later than 5 working days from confirmation of the order, depending on the availability of the goods in stock and depending on the specific product, unless the product description specifies another delivery period.
2. If the Buyer undertakes to pay the purchase price for goods on delivery, the delivery period starts from the date of conclusion of the purchase agreement under article II of the General Terms and Conditions of Business, i.e. from delivery of the Vendor’s confirmation of the order to the Buyer. If the Buyer chooses another form of payment than payment on delivery, e.g.
bank transfer, the delivery period starts from the completion of payment of the purchase price, i.e. from crediting of the full amount of the purchase price to the Vendor’s account.
3. If the ordered goods cannot be supplied within the given period, the Vendor will notify the Buyer without delay, including information on a substitute date of delivery and/or an offer of another product comparable to the original (substitute performance). In this case the Vendor must ask for the Buyer’s consent.
4. If the Vendor cannot supply the ordered goods and the Buyer and Vendor do not agree on substitute performance, the Vendor must return the paid purchase price to the Buyer within 15 days of the end of the period for supply of the goods; the funds will be transferred to the Buyer’s account specified in an email to firstname.lastname@example.org or a letter to the Vendor’s registered office. If the account numbers sent in an email message and a letter sent to the Vendor’s registered office are not the same, the Vendor can send money by post or to the account in the document received first (the Buyer’s email message or letter).
Conditions for the supply of goods
1. The Vendor will supply goods to the Buyer after full payment of their purchase price unless the parties agree otherwise.
2. Goods will be supplied on working days from Monday to Friday.
3. Options for delivery of goods and fees for this services (applicable throughout Slovakia):
a) Transport of unpaid goods to an address specified by the Buyer by the delivery service DPD – for prices up to EUR 100 – the fees in point 3.3 of the General Terms and Conditions of Business.
b) Transport of unpaid goods to an address specified by the Buyer by the delivery service DPD – for prices over EUR 100 – the fee is EUR 0.
4. Duties of the Buyer on taking delivery of goods: The Buyer must properly take delivery of goods from the carrier (DPD a.s.), check that the packaging is not damaged and that the number of packages is correct, and in case of any defect, notify the carrier and the Vendor without undue delay, not later than within 24 hours. If the original packaging is found to have been damaged or the shipment of goods has been interfered with, the Buyer will not take delivery of the goods from the carrier. By signing the delivery report, the Buyer confirms that the shipment was received undamaged. An invoice, which also serves as a delivery note is always included in the shipment with the shipped goods.
Warranty and service
1. The Vendor provides a warranty for goods in accordance with applicable legislation or the period specified in the warranty certificate, which must not be less than the minimum laid down by law. Where the catalogue of goods on the Vendor’s website or the enclosed warranty certificate do not specify otherwise, the warranty period for all goods is 24 months. The warranty period commences from the date when the Buyer takes delivery of goods.
2. The provided warranty applies to manufacturing defects in the goods and other defects not caused by improper or careless handling, use of the goods contrary to their specified purpose or guidelines, mechanical damage or wear, natural disasters fire or water or the effects of other unusual phenomena. The Vendor is liable for defects that arise in the goods during the warranty period but not for defects:
a) caused by the Buyer alone,
b) that the Buyer was aware of before taking delivery of the goods,
c) for which a discount was provided from the price of the goods,
d) caused by wear, routine use, improper treatment, improper or excessive use or after the lifetime of the goods.
3. The Buyer may lodge a complaint in writing by using the complaint form and enclosing a copy of the delivery note/invoice; complaints must be sent to the Vendor’s address. The goods against which the complaint is made must be sent to the Vendor at the Buyer’s expense and liability. Goods sent with the condition of payment on delivery will not be accepted. The complaint form must include the Buyer’s address to which the Vendor will send notification of the result of the complaint, otherwise it will be sent to the address from which the defective goods were sent as specified in the delivery note/invoice.
4. The Buyer can lodge a complaint up to 24 months from taking delivery of the goods. If no complaint is lodged within the warranty period, the right to lodge a complaint expires. The Buyer must lodge a complaint without undue delay, immediately and without delay upon becoming aware of the defect. The Vendor will respond in writing, either by email to the Buyer’s address or by a registered letter sent to the address determined according to point (3) of this article. The response to the complaint will be provided within the period set by law, at most within 30 days. This period commences from the date of delivery of the defective goods to the Vendor.
5. If a complaint is upheld and the Buyer lodges the complaint directly with the Vendor, the Vendor shall pay for and arrange delivery of repaired goods to the Buyer.
6. The Buyer will enclose with the defective goods the original, legible proof of purchase – invoice, and a detailed description of the defect specified in the complaint form. If the defect does not occur constantly, it is necessary to specify the conditions in which it occurs. Defective goods should be sent in their original packaging and must be complete, i.e.all accessories etc. must be returned.
7. Complaints will be handled and defects will be rectified according to the Complaint Procedure, which is an integral part of the General Terms and Conditions of Business.
1. The General Terms and Conditions of Business are binding from the date of their publication on the Vendor’s website.
2. If the Buyer is a person residing outside the territory of the Slovak Republic, the contracting parties agree that their contractual relationship, claims arising from it and relating to it, issue not
regulated by the agreement and consequences in the event of invalidity will be governed by Slovak law. With regard for the provisions of article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations, as amended, a consumer must not be deprived of protection afforded to him by provisions of law which would have been applicable in the absence of choice.
3. The General Terms and Conditions of Business are applicable in the extent and text published on the Vendor’s website on the date when the Buyer’s order is sent.
4. By sending an order the Buyer confirms to the Vendor that he accepts the price of the ordered goods including any costs for dispatch and transport, the General Terms and Conditions of Business and the Complaints Procedures of the Buyer in force at the moment when the order is sent.
5. By sending an order Buyer gives the Vendor consent pursuant to Act No. 428/2002 Z.z. on the protection of personal data to process his personal data included in the order in the Vendor’s information system for the purposes of fulfilling a purchase agreement concluded in accordance with the General Terms and Conditions of Business and for the purposes of offering the Vendor’s products and services and sending information on the Vendor’s activities including by electronic means (in particular email, SMS messages, telemarketing). The Buyer’s consent is granted until it is
revoked. The Buyer has the right to revoke granted consent at any time by sending written notification to the Vendor’s email address email@example.com or the Vendor’s postal address specified above. The Buyer gives consent voluntarily. The Buyer declares that the personal details given in the order are truthful. An electronic form for giving consent is not a written form under section 7(2) of Act No. 428/2002 Z.z. on personal data protection.
6. The Vendor is bound by the offer of goods including the price from the moment of sending an acceptance note to the Buyer until the moment of delivery of goods to the Buyer, unless provisions of the General Terms and Conditions of Business specify otherwise in special cases. After sending an order the Buyer is bound for the duration of the period for delivery of goods.
7. The Vendor undertakes to archive the purchase agreement in electronic form together with the applicable General Terms and Conditions of Business for a period of 5 years. The Buyer cannot access the archived agreement.
8. The purchase agreement can be concluded in Slovak language subject to the conditions set out in the General Terms and Conditions of Business.
9. The Vendor reserves the right to amend the General Terms and Conditionsof Business.