Terms and conditions

I. Defining terms

1. Seller is the operator of the online store eMeLVi.eu

eMeLVI, s.r.o.
Námestie svätého Egídia 3004/108
058 01  Poprad
Slovakia

ID: 47547464
VAT NUMBER: SK2023949675

2. Buyer is a natural person or a legal entity, which entered into legal binding contract with the seller by sending an electronic order.

3. Goods are all products in the offer of the online store eMeLVi.eu

4. By the order also the purchase contract is understood, based on which the sale of the goods through the online store eMeLVi.eu is realized.

 

II. Order / purchase contract

1. The buyer orders the product through a form on the eMeLVi.eu page, while providing all necessary information as per this form. Buyer has the option to look at the product in such a way, as it is depicted on the webpage iMusic-SHOP.eu.

2. Communication of the seller and the buyer takes place in the form of emails or telephone calls to telephone numbers stated in the contact of the seller.

3. In case of uncertainty or questions regarding the offered product or an order, the buyer can contact the seller through e-mail or per phone.

4. The seller confirms to the buyer the reception of the order by sending a confirmation to the email address, which the buyer states in the form. By this moment the purchase contract is closed. In case that the buyer, after he has received the confirmation of the order, isn’t interested in continuation of the purchase contract, he informs the seller about this fact without delay by sending an email to: info@emelvi.eu, by which the purchase contract is cancelled. Otherwise the purchase contract is properly closed.

5. The buyer has the right to cancel sent order. i.e. withdraw from the purchase contract, even without stating a reason thereof, at anytime before the product is sent, in the form of an email to:
info@emelvi.eu. In this case no expenses arise for the seller or the buyer.

6. In case the buyer decides to cancel sent order, i.e. withdraw from the purchase contract after the product has been sent, he informs the seller about this fact without delay by sending an email to:
info@emelvi.eu. In this case the buyer bears the costs of sending the product to him and returning it to the seller, which he commits to pay to the seller no later than 5 business days by the time the product has been received by the seller. If the buyer already paid the purchase price of the product, the seller returns to the buyer paid sum no later than 7 business days in the same way that was used for the payment for the purchased product, if the buyer doesn’t requests another way.

7. The seller has the right to cancel the order, or part of it in case, when the buyer stated false or misleading personal information in the order, or if the product isn’t produced or supplied anymore, or it’s wholesale price has changed significantly, about which the seller informs the buyer without delay for the purpose to agree on further course. In case that part of, or the whole purchase price has already been paid and the order has been cancelled, the seller returns to the buyer paid sum no later than 7 days in the same way that was used for the payment for the purchased product, if the buyer doesn’t requests another way.

8. If it is not possible to deliver the ordered product because of higher power, or because of insufficient supplies in the stock, the seller informs the buyer about this fact without delay and also provides him a possibility to deliver a replacement product. The buyer has the right to refuse this possibility and to withdraw from the order he placed. In case that part of, or the whole purchase price has already been paid by the buyer, the seller returns to the buyer paid sum no later than 7 days in the same way that was used for the payment for the purchased product, if the buyer doesn’t requests another way.

 

III. Methods of payment and delivery

1.  Delivery of the product takes place during business days from 9:00 to 18:00. The buyer will be informed about the precise delivery date by the seller per email or by telephone.

2. The buyer chooses the payment and delivery method during the ordering of the product by marking the selected option in the electronic order.

3. Methods of payment:
In orders under 50 €:
- payment by card through payment terminal Card Pay by Tatra Banka a.s.
- payment to the account of the seller, bank transfer or direct deposit in the bank
- cash on delivery - the most used type of payment. You pay for the product during the delivery to the courier or at the post office.

In orders above 50 € it is necessary to pay for the product up front:
- payment by card through payment terminal Card Pay by Tatra Banka a.s.
- payment to the account of the seller, bank transfer or direct deposit in the bank
Tatra Banka, a.s. 2920905012/1100
IBAN: SK56 1100 0000 00 292 0905 012
SWIFT: TATRSKBX

4. The seller doesn’t charge handling in Slovakia and Czech republic.

5. The seller delivers ordered product to the buyer by sending it to the address of the buyer stated in the order, eventually based on agreement of contracted parties.

6. Shipping fees:
a) Minimum order is not stated.
b) Delivery through the postal office for Slovakia and Czech republic:

- Slovak republic: from 2.00 €
- Czech republic: 3 €

c) For international orders the buyer pays for the product upfront based on an agreement with the seller.

- Europe: 7.50 € + 0.50 € for each item
- World: 15 € + 0.50 € for each item


7. All received orders are binding. The seller commits to deliver to the buyer ordered product no later that 30 days, since the conformation of the order. In case that the product couldn’t be sent or delivered for some reason, the seller will inform the buyer about this fact without delay. In this case the steps of art. II. par. 7 or par. 8 of these terms and conditions are applied.

8. The seller isn’t responsible for a delayed delivery of the product caused by the Slovak postal services, or by an incorrect address stated by the buyer. Buyer is responsible to carefully check the product upon its acceptance form the courier, while he confirms the delivery of the product in the delivery form by his signature. In case that a damaged product is delivered to the buyer, the buyer will not accept it and marks the damage of the product into the delivery form.

9. The seller reserves the right of price change before the shipment of the product. The buyer will be informed about this change by email or by telephone no later than before the product is shipped with the right to refuse the ordered product because of stated reason, which he will inform the seller upon the notification about this change. Otherwise the buyer agrees to the change of price and commits to pay the changed price as per the notification.

10. The buyer who does not buy the product within his entrepreneurial activities has the right to withdraw from the purchase contract no later than 7 business days since the product has been accepted. In this case the buyer contacts the seller and sends him a written statement about withdrawal from the contract with stated number and date of the order, account number or correct address for financial settlement. The buyer will send the delivered product, which has to be unused, with undamaged packaging and in original state as delivered, to the address of the seller together will original copies of all documents, which the buyer received with the product. The buyer bares expenses to their full extent tied to the return of the product in this case. The seller commits to return to the buyer paid sum for the product no later than 7 days after he has received the product unused, with undamaged packaging and in original state as delivered in the same way that was used for the payment for the purchased product, if the buyer doesn’t requests another way.

11. In case that the buyer doesn’t use the possibility of withdrawal from contract as per theses terms and conditions and the product isn’t accepted at the post office or from the courier, i.e. the product is sent back to the seller, however the buyer consequently no later than 3 business days since the return of the product asks the seller for a repeated shipment of the product, the seller will ship the product again only under the condition, that the buyer will cover in advance the purchase price of the product, including, all expenses tied with the initial shipment of the product, its return to the seller and repeated shipment of this product to the buyer. If the buyer pays the purchase price and stated expenses in advance, in time as per the contract with the seller, the seller will not apply contractual penalty with the buyer as per the previous term. Otherwise the seller has the right to a contractual penalty as well as for payment of all expenses as per the previous term.

12. The buyer acknowledges, that in case the product is not accepted and the expenses tied to it are not paid by the buyer, the seller has to right to seek protection of his right - claim for financial fulfillment through court proceedings.


IV. Basic obligations of contractual parties tied to the delivery of the product

1. The seller is obliged to accept the order of the buyer and confirm the acceptance of it as per these terms and condition and information stated on the webpage of the seller.

2. The seller is obliged to deliver properly ordered product to the buyer based on information stated in the order, eventually based on an agreement of contractual parties, to place specified in the order and in time as per these terms and conditions, if the contractual parties didn’t agree otherwise. The seller provides transportation to the delivery address.

3. The seller fulfills its obligation to deliver the product to the buyer by handing it over to the buyer.

4. Together with the product, the seller delivers to the buyer also all documents related to this product.

5. In case of any change of place or time of delivery, the contractual parties are obliged to mutually inform themselves about this change without any delay.

6. The buyer is obliged to accept the ordered product and pay for it purchase price according to the confirmed order, as per valid pricelist of the seller including expenses tied to the delivery of the product. The method of payment is agreed upon by the contractual parties in the order or through email.

7. The buyer is obliged to sign the delivery form upon its acceptance.

8. In case of obvious defects of the product upon its delivery, the buyer is obliged to immediately inform the seller, eventually the post office employee.

9. In case that the buyer will not accept the delivered product, clause art. III. par. 11. to 13. of these terms and conditions apply.


V. Guarantee conditions

1. Guarantee conditions are guided by the provisions of the Act no. 40/1964 S. 
of Civil code as amended, event. Act no. 513/1991 S. 
of Civil code as amended, if the buyer is an entrepreneurial subject.

2. Guarantee of 24 months is provided for sold products.

3. Guarantee period as per previous term starts by the date of acceptance by the buyer. 

4. Provided guarantee does not apply to defects and damages of the product, which occurred during incorrect manipulation, use or any other tampering with the product.

 

VI. Withdrawal from the contract

1. The buyer has the right to withdraw from the contract, without stating the reasons thereof, within 7 business days from the acceptance of the product.

2. The buyer cannot withdraw from a contract, whose subjects are:

a) provision of a service, if the service started to be fulfilled with the agreement of the consumer,
b) sale of a product or provision of a service, which price is dependent on the price movement on the financial market, which the seller cannot affect,
c) sale of a product produced as per individual requirements of the consumer or a product designated specifically for given consumer, or a product, which with respect to its nature cannot be returned, or a product, which quickly perishes,
d) sale of audiovisual art, audio recording or an audiovisual recording of an artistic performance or a multimedia art, which the buyer opened.

3. The buyer is obliged, in case he withdraws form the contract, which subjects are subjects as per d) art. 2. of this chapter, to cover expenses of the seller tied to the delivery of the product. (Note: The consumer has the right to withdraw from the contract as per art. 1.  so called “without reason”, however not without charge. Based on this, the seller demands to cover with a billed charge expenses tied with the delivery.)


VII. Complaints procedure

1. All complaints regarding properly bought products have to be applied in written for to:
info@emelvi.eu.

2. The buyer is obliged to examine the delivered product immediately upon its acceptance. If the product or its cover is mechanically damaged, or a defect of the product is obvious, the buyer is obliged to create a record about the damage, with the presence of the courier, while the buyer has the right not to accept this damaged product from the courier. Responsibility for the damage during the transportations lies upon the courier.

3. The buyer is obliged upon the acceptance of the product to also examine the completeness of the package in comparison to the order.

4. The seller reserves the right to consider as unjustified complaints of mechanical damage of the product caused by the transportation, acceptance that was confirmed as undamaged by the buyer to the post office employee or a courier with his signature. Fulfillment of such a complaint will not be offered to the buyer.

5. After acceptance of the product, the buyer is obliged to examine the delivered product properly and inform the seller about discovered obvious defects without any delay in the form of a complaint. The seller will not accept later complaints of obvious defects of the product. The buyer is obliged to inform the seller about discovered defects in a written form at
info@emelvi.eu within 24 hours since the acceptance of the product, while this notification has to contain the subject of the defect, i.e. description of the defects and their manifestations.

6. In case the complaint is applied in the guarantee period, the buyer send with the written notification as stated in previous term also the claimed product to the address of the seller, together with original copies of all documents, which the buyer received together with the product. Claimed product has to be shipped completely in such a manner, in which it was accepted and it cannot be polluted of mechanically damaged. The buyer is obliged to properly pack the shipped product and secure it against mechanical damage during the transportation. The buyer bares expenses tied to the shipment of the claimed product to the seller.

7. The seller handles the complaints in soonest possible date, no later than 30 days since the complaint has been received, if he doesn’t agree otherwise with the buyer upon the nature and type of the defect. The seller informs the buyer about the handling of the claim without any delay after the decision about the justification of the complaint from the side of the seller.

8. In case of a correctable defect of the product the seller corrects the defect and sends the defective product to the address which the buyer stated in the order, event. other address as per the buyer’s request. Complaint can be handled also as an exchange of the defective product for another one.

9. In case of an irremovable defect of the product, the seller asks the buyer, if he will use a discount from the price of the product or he will use the possibility to withdraw from the contract. Subsequently, based on the agreement of contractual parties, the seller will either provide the buyer an adequate discount form the price of the product, or the seller will return to the buyer the sum paid for the product, no later than 7 days in the same way that was used for the payment for the purchased product, if the buyer doesn’t requests another way.

 

VIII. Privacy policy

1. The buyer, as pursuant to const. Act no. 122/2013 S. about the protection of personal information as amended agrees, that the buyer based on sent order processes and stores in its information system his personal information provided for the goal of product delivery.

2. The buyer gives the seller his consent in sense of previous term of the article for an unlimited time period. The buyer in a written form can revoke the consent to process personal information at any time. The revoke of the buyer’s consent steps into effect at the time when all the obligations of the seller and the buyer as per these terms and conditions have been completely settled.


IX. Final provisions

1. By sending an order the buyer also gives consent to the seller, to sent notices about offered products, sales and services of the seller to the email address of the buyer stated in the order. The buyer can withdraw this content in a written form at any time.

2. The buyer can cancel his registration at any time. In this case he contacts the seller through the email:
info@emelvi.eu, based on which the registration of the buyer will be deactivated.

3. By checking the fields “I agree to these terms and conditions” the buyer acknowledges, that he has read these terms and conditions, understands them and agrees with them in full extent.

4. The seller reserves the right of change of these terms and conditions. The obligation to inform about the changes of the terms and conditions of the seller in written form is fulfilled by placing these changes directly in the terms and conditions of the seller, or by placing new terms and conditions on the webpage of the seller: eMeLVi.eu.

In effect as of 1.7.2013

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