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General terms and conditions of the MEXY online store establishing the terms and conditions of business between the operator / seller and the customer / buyer (hereinafter referred to as "T&C")
MEXY FASHION s.r.o.
Zimná 16, 04001 Košice
ID number 54254728
VAT number SK2121609567
1. The operator (seller) of the mexy.sk online store is the manager of MEXY FASHION s.r.o. (Invoicing address: Čermeľská 1, 04001 Košice)
2. The customer (buyer) in the online store is any natural or legal person who submits an electronic form with an order for goods (product/s or service/s).
3. When ordering as a natural person - non-entrepreneur, please state your name, surname, address where the goods are to be delivered, telephone number and e-mail. If you are purchasing as a legal entity (for a company or trade), please also state your business name, ID number, VAT ID number and billing address if it is different from the delivery address.
4. The acceptance of the goods order by the operator and thus the conclusion of the purchase contract takes place on the basis of confirmation of this correctly and completely completed order in electronic form (by e-mail) by the operator, while the operator reserves the right to subsequently adjust the price of the ordered goods (the operator therefore does not guarantee the price of the goods, which is listed on the operator's website at the time of placing the order, as it depends on changes in the supply prices of the goods in question). After sending the order, a confirmation of receipt of the order will be sent to the e-mail you entered, and later also other information about the status of your order (e.g. the order has been processed, the goods have been shipped, the goods are currently sold out, etc.). The registered customer can check the order directly in online mode on the website of the online store after logging in.
5. The place of fulfillment of the purchase contract is understood as the seat (residence) or place of business of the customer indicated in the electronic order form. The goods will be delivered by the operator using the services of third parties (contract carrier, courier service) or the operator will deliver the goods with its own resources or, based on an agreement with the customer, the goods will be prepared for delivery at the operator's premises. The delivery of the goods is carried out by handing them over to the customer or by handing over the goods for transport to the contracted carrier. Ownership of the goods is transferred to the customer upon delivery of the goods, subject to the suspensive condition of payment of the purchase amount stated in the order in full. Until the transfer of ownership rights from the operator to the customer, the customer has all the responsibilities of a custodian of things and is obliged to store the products and services safely at his own expense and mark them so that they can be identified as the operator's goods under all circumstances.
6. The operator will deliver the goods to the customer as soon as possible after receiving the electronic order form within the delivery times specified on the operator's website. The customer acknowledges that the stated delivery dates (delivery times) are indicative only. The customer agrees to extend the delivery period if the production of the ordered goods or other circumstances require it. In the event that the operator is unable to deliver all the ordered goods to the customer within the agreed deadline, he will notify the customer of this situation as soon as possible and inform him of the expected date of delivery of the ordered goods or propose the delivery of replacement goods. If the customer orders goods of non-standard dimensions or goods heavier than 30 kg, the operator will agree payment and delivery conditions with the customer individually.
7. If the goods are delivered by a contractual carrier, the customer gives the operator the right to provide the contractual carrier with the necessary personal data for the purpose of delivering the goods (name / trade name, address, telephone).
8. When taking over the goods, the customer receives a receipt of the goods, which is also a proof of payment for the goods in the case of cash on delivery payment. The proof of receipt of the goods is also a written order for the goods. The customer will receive a tax document with the calculation of the purchase price and VAT together with the ordered goods.
9. In the event that the customer does not pay and does not take over the ordered goods except in the case of damage to the goods during delivery (the shipment is returned as undeliverable without fault of the operator, e.g. if the contractual carrier did not find the addressee, did not understand about the storage of the shipment, the customer inadvertently or intentionally did not take over the shipment, etc. ), the operator may demand compensation for damage caused by a breach of duty, which is subject to a contractual penalty. In this case, the contractual penalty is set at least in the amount of the paid postage and at most in the amount of 50% of the total price of the order. The customer who did not receive the order will be sent a message by e-mail with a request for information on what to do next with his order. The customer has 7 days from the date of sending the message to respond to this request.
Withdrawal from the Purchase Contract
10. The buyer, as a private individual (non-entrepreneur), has the right, in accordance with the law, to withdraw from the contract within 14 working days of receiving the goods. In such a case, the buyer must contact the seller and send a written statement (not via electronic communication) of withdrawal from the contract, including the order number, purchase date, and account number or exact address for financial settlement. The purchased goods, in their original condition as received (including documentation, accessories, etc.), must be sent back at the buyer's expense along with the original purchase receipt to the seller's address (not via cash-on-delivery).
The buyer does not have the right to withdraw from the contract if the goods were purchased and collected in person from the seller. The seller undertakes to refund the buyer the amount paid for the respective goods within 15 calendar days from the date of receipt of the returned goods, using the same payment method that was used for the original transaction unless the buyer requests otherwise. If the returned goods are damaged, used, worn, or incomplete, the seller may refund the purchase price to the buyer reduced by the value of the damage or wear of the goods, by at least 1% of the total price of the goods (in accordance with the relevant provisions of § 457 of the Civil Code).
11.The buyer cannot withdraw from the purchase contract if the subject of the contract is the provision of a service that has begun with the buyer's consent before the withdrawal period expires. Similarly, the buyer cannot withdraw from or return goods made to the buyer's specific requirements, goods made specifically for one buyer, goods that cannot be returned due to their nature (e.g., for hygienic reasons), or goods that are perishable.
12. The seller reserves the right to change prices. The price valid is the one stated in the email confirming the receipt of the order. The price does not include consulting services, shipping, or any other costs unless stated in the product description. The price of the goods is determined according to the current price list. Discounted (promotional) prices are clearly marked with symbols (such as "promotion" or "sale"). The validity of discounted prices lasts until stocks are depleted or for the duration specified with the discounted price. In the event of a return of goods purchased with a specific discount condition (such as a purchase over 100 euros), the buyer will be refunded an amount reduced by the discount on the other products in the order.
13. In the event that the buyer is currently located or resides abroad, the seller will arrange payment and delivery terms with the buyer individually.
Alternative Dispute Resolution
23. If the consumer is not satisfied with the way the seller has handled their complaint or believes that the seller has violated their rights, the customer has the right to request redress from the seller. If the seller responds negatively to the customer’s request or does not respond within 30 days of the request being sent, the customer has the right to submit a proposal to initiate alternative dispute resolution under § 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and Amendments to Certain Acts.
The competent body for alternative dispute resolution with the seller is the Slovak Trade Inspection or another authorized legal entity registered in the list of alternative dispute resolution bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at https://www.mhsr.sk/ or directly at this link); the customer has the right to choose which of the listed alternative dispute resolution bodies they will contact.
The customer may also submit a proposal for alternative resolution of their consumer dispute using the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/, or directly via this link.
Further information regarding alternative dispute resolution between the Seller and the Buyer (consumer) arising from the Purchase Contract as a consumer contract or related to the Purchase Contract as a consumer contract can be found on the website of the Ministry of Economy of the Slovak Republic https://www.mhsr.sk/ and in Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and Amendments to Certain Acts.
The seller reserves the right to change these Terms and Conditions. The obligation to notify of changes to the Terms and Conditions is fulfilled by posting them on the store's website.
These Terms and Conditions are valid from 01.01.2018 and fully replace the previous Terms and Conditions. The seller reserves the right to change the Terms and Conditions without prior notice.