General Terms and Conditions
Internet shop fashionmafia.sk
I. Identification of the Merchant
1.1. These General Terms and Conditions (hereinafter also referred to as the “GTC”) govern the legal relations between:
Business Name: IS Studio, s.r.o.
Registered Office: Žižkova 2339/25, Košice 040 01, Slovak Republic
Registered in the Commercial Register of the Košice District Court (Mestský súd Košice), Section Sro, Insert no. 26122/V
Company ID (IČO): 45675201
Tax ID (DIČ): 2023088166
VAT ID (IČ DPH): SK2023088166
Bank Account: SK5711000000002928842407
The Seller is a VAT payer
(hereinafter also referred to as the “Seller” or “Merchant”) and every person who purchases products offered by the Seller on the Seller’s website, acting as a consumer within the meaning of the further provisions of these General Terms and Conditions and the relevant laws defining consumers, within the applicable legislation of the Slovak Republic, in particular but not limited to: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended, and Act No. 40/1964 Coll. of the Civil Code, as amended.
1.2. Email and telephone contact for the Seller are as follows:
1.3. The address for sending claims (complaints) and notices of withdrawal from contracts is:
IS Studio, s.r.o., Žižkova 25, 04001 Košice, Slovak Republic
II. Definition of Terms
2.1. For the purposes of these General Terms and Conditions, the Merchant, in accordance with Act No. 108/2024 Coll., as amended, sets forth and defines the following terms:
2.2. A “distance contract” is a contract between the Merchant and the Consumer, concluded exclusively by one or more means of distance communication without the simultaneous physical presence of the Merchant and the Consumer, in particular by using an online interface, electronic mail, telephone, fax, addressed letter, or catalog offer.
2.3. The “Merchant” (also referred to as the “Seller”) is a person who, in connection with the consumer contract, the obligations arising therefrom, or in a business practice, acts within the scope of their business activity or profession, including through another person acting in its name or on its behalf.
2.4. A “Consumer” is a natural person who, in connection with a consumer contract, the obligations arising therefrom, or in a business practice, does not act within the scope of his or her business activity or profession.
2.5. A “Consumer contract” is any contract, regardless of its legal form, concluded by the Merchant with a Consumer.
2.6. The term “Internet store” is synonymous with the term “Electronic store” and the term “Website.”
2.7. A “Buyer” is any person (a natural or legal person) who has sent an order—primarily via the Seller’s website, but possibly also by other distance communication means.
2.8. A “Durable medium” is a tool that enables the Consumer or the Merchant to store information addressed to them in a way that is accessible for a period corresponding to the purpose of such information and that allows the unchanged reproduction and future use of that information, such as a document in writing, e-mail, USB drive, CD, DVD, memory card, or a computer hard drive.
2.9. A “Product” generally refers to goods, services, or digital content.
2.10. A “Service” is any activity or performance that is offered or provided to the Consumer.
2.11. “Goods” are any tangible movable items.
III. Basic Provisions
3.1. These General Terms and Conditions govern the legal relations between Buyers who are Consumers and the Merchant.
3.2. Contractual relationships (as well as other legal relationships that may arise from the contractual relationship) with Buyers who do not act in the capacity of Consumers are governed by the provisions of Act No. 513/1991 Coll. the Commercial Code, as amended.
IV. Ordering a Product – Conclusion of the Purchase Contract
4.1. A proposal for concluding a purchase contract on the part of the Buyer is the submission of a product order by the Buyer, made primarily via the Merchant’s website or other means of distance communication.
4.2. The purchase contract between the Buyer and the Merchant is concluded at the moment the Buyer receives a confirmation of the order (electronically via the email address chosen by the Buyer during the ordering process) from the Merchant for the order that the Buyer created under point 4.1. of these GTC.
V. Duration of the Purchase Contract
5.1. The purchase contract is concluded for a fixed term and terminates, in particular, upon the fulfillment of all obligations of both the Seller and the Buyer. This especially applies to the delivery and payment for products according to the concluded purchase contract. This provision does not affect the Buyer’s rights under statutory liability for defects in the products on the part of the Merchant.
VI. Purchase Price – Information on the Purchase Price
6.1. The price of the products ordered via the Seller’s website (hereinafter referred to as the “purchase price”) is indicated for each product separately and is valid at the moment the Buyer places the order.
6.2. The purchase price of the products listed on the Seller’s website is the total price of the products, including all taxes, clearly indicated on the Seller’s website.
VII. Product Delivery
7.1. If the Buyer has chosen cash on delivery (dobierka) as the form of payment, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the day of the conclusion of the purchase contract pursuant to point 4.2. and the following points of these GTC.
7.1.1. If the Buyer has selected a form of payment other than cash on delivery, the Seller is obliged to fulfill the order and deliver the products to the Buyer no later than 30 days from the day of concluding the purchase contract under point 4.2. and subsequent points of these GTC and from the date on which the Seller receives the total price of the order. If both conditions set out in point 7.1.1. are met (i.e., the purchase contract is concluded, and the total price of the order has been paid to the Seller), the Seller must deliver the products to the Buyer no later than 30 days from the date of fulfilling both conditions.
Usually, the Seller ships the products within 1 business day from the date of conclusion of the purchase contract or 1 business day from the date of receiving the total payment for the order.
VIII. Transfer of Ownership
8.1. The ownership right to the sold item, as well as the risk of accidental loss, accidental deterioration, and loss of the item, passes to the Buyer at the moment of delivery.
IX. Payment Methods
9.1. You can pay for products on the Seller’s Website in the following ways:
9.1.1. Cash on delivery (dobierka) – fee: 1.90 EUR
9.1.2. Payment by bank card via the STRIPE payment gateway – fee: 0 EUR
9.1.3. Deposit or bank transfer to the Seller’s account – fee: 0 EUR
X. Shipping – Methods of Delivery and Shipping Costs
10.1. The purchase price of the products does not include shipping costs or other costs associated with the delivery of the products.
10.2. Methods of delivery and the costs of delivering ordered products:
10.2.1. Delivery methods:
10.2.2. Shipping costs:
XI. Buyer’s Right of Withdrawal Without Stating a Reason
11.1. The Consumer has the right to withdraw from a distance contract or from a contract concluded outside the Merchant’s premises, without giving any reason, within the period specified in Art. XII, points 12.1 to 12.3 of these GTC, except for contracts which concern:
11.2. The provision of services if the service has been fully provided and the provision began before the expiration of the withdrawal period with the Consumer’s express consent, and the Consumer declared that he/she was duly informed that by giving consent he/she loses the right of withdrawal after full provision of the service, if the Consumer is obliged to pay a price under the contract.
11.3. The supply or provision of a product whose price depends on fluctuations in the financial market beyond the Merchant’s control and which may occur during the withdrawal period.
11.4. The supply of goods made according to the Consumer’s specifications or goods made to measure.
11.5. The supply of goods that are liable to deteriorate rapidly or expire quickly.
11.6. The supply of goods sealed in protective packaging that, for health protection or hygiene reasons, are not suitable for return if the protective packaging was opened after delivery.
11.7. The supply of goods that, by their nature, may be inseparably mixed with other goods after delivery.
11.8. The supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, which cannot be delivered earlier than 30 days and whose price depends on fluctuations in the market that the Merchant cannot influence.
11.9. Urgent repairs or maintenance carried out at the Consumer’s explicit request; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and a contract whose subject is the delivery of goods other than a spare part necessary to perform the repair or maintenance if such contracts were concluded during the Merchant’s visit, and the Consumer had not ordered these goods or services in advance.
11.10. The supply of audio recordings, video recordings, audiovisual recordings, or software in sealed packaging that was opened after delivery.
11.11. The supply of periodicals, except for subscription contracts for their supply.
11.12. Goods purchased at a public auction.
11.13. The provision of accommodation services for purposes other than housing, the transport of goods, car rental, provision of catering services, or the provision of services relating to activities during the Consumer’s leisure time, if according to the contract the Merchant is to provide these services at a specific time or within a specific period.
11.14. The supply of digital content that the Merchant supplies other than on a tangible medium, if the provision of the digital content has begun and the Consumer gave express consent to begin delivery of the digital content before the end of the withdrawal period, declared that he/she was properly informed that by giving consent he/she loses the right to withdraw from the contract at the beginning of the digital content’s supply, and the Merchant provided the Consumer with confirmation under § 17 section 12(b) or section 13(b) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Laws, as amended, if under the contract the Consumer is obliged to pay a price.
XII. Exercising the Right of Withdrawal from a Distance Contract and a Contract Concluded Outside the Merchant’s Premises
12.1. The Consumer may withdraw from a distance contract or a contract concluded outside the Merchant’s premises within:
a) 14 days from:
b) 30 days from the day of conclusion of the contract in the case of an unsolicited visit or in connection with it, or at a sales event or in connection with it.
12.2. If the Merchant provided the Consumer with special information regarding the instructions on the Consumer’s right to withdraw from the contract in the case of a distance contract and a contract concluded outside the Merchant’s premises only subsequently, but no later than 12 months from the start of the withdrawal period under point 12.1., the Consumer may withdraw from the distance or outside-the-premises contract within: a) 14 days from the day the Merchant subsequently fulfilled the information obligation, if it concerns the period specified in 12.1(a), or
b) 30 days from the day the Merchant subsequently fulfilled the information obligation, if it concerns the period specified in 12.1(b).
12.3. If the Merchant did not provide the Consumer with special information regarding the instructions on the Consumer’s right to withdraw from the distance contract and the contract concluded outside the Merchant’s premises even under point 12.2, the Consumer may withdraw from the contract within 12 months from the lapse of the period under point 12.1.
12.4. Goods shall be deemed to have been taken over by the Consumer at the moment the Consumer or a third person designated by the Consumer (other than the carrier) takes possession of all parts of the ordered goods, or if: a) the goods ordered by the Consumer in one order are delivered separately, at the time of taking over the last piece of goods that was delivered,
b) the goods consist of several parts or pieces, at the time of taking over the last part or piece,
c) the goods are delivered repeatedly over a certain period, at the time of taking over the first delivery of goods.
12.5. The Consumer may withdraw from the distance contract or a contract concluded outside the Merchant’s premises, the subject of which is the delivery of goods, even before the start of the withdrawal period under point 12.1.
12.6. The Consumer may exercise the right of withdrawal from a distance or outside-the-premises contract in writing or in the form of an entry on another durable medium. If the contract was concluded orally, any clearly formulated statement by the Consumer expressing the will to withdraw from the contract (hereinafter “notice of withdrawal”) is sufficient. The Consumer may use the model withdrawal form.
12.7. The withdrawal period pursuant to sections 12.1. to 12.3. shall be deemed to be observed if the Consumer sends the notice of withdrawal to the Merchant no later than the last day of the period.
12.8. The Consumer may withdraw from the contract only in relation to a specific product or products if the Merchant, on the basis of a distance contract or a contract concluded outside the Merchant’s premises, delivered or provided multiple products.
12.9. The burden of proof regarding the exercise of the right of withdrawal lies with the Consumer.
XIII. Rights and Obligations of the Consumer after Withdrawal from a Distance Contract or a Contract Concluded Outside the Merchant’s Premises
13.1. The Consumer is obliged to send back or hand over the goods to the Merchant or to a person authorized by the Merchant no later than 14 days from the date of withdrawal from the contract under point 12.1. This does not apply if the Merchant proposes that he or a person authorized by him will pick up the goods in person. The time period is deemed to be observed if the Consumer sends the goods back to the Merchant no later than the last day of that period.
13.2. In the event of withdrawal pursuant to point 12.1., the Consumer shall only bear the cost of returning the goods to the Merchant or a person designated by the Merchant to receive the goods; this does not apply if the Merchant has agreed to bear these costs himself or if the Merchant has not met the information obligation, i.e., if the Merchant has not provided the Consumer with specific information regarding the instructions on the Consumer’s right of withdrawal from a distance contract and a contract concluded outside the Merchant’s premises.
13.3. The Consumer is liable for any diminished value of the goods resulting from handling the goods in a manner other than what is necessary to ascertain the nature and functioning of the goods; this does not apply if the Merchant has not fulfilled the information obligation according to § 15(1)(f) of Act No. 108/2024 Coll., as amended.
13.4. The Consumer is obliged to pay the Merchant the price for the actual performance provided until the day the withdrawal notice is delivered if the Consumer withdraws from a distance or outside-the-premises contract under § 19(1) of Act No. 108/2024 Coll. The price for the actual performance provided is calculated proportionately based on the total price agreed in the contract. If the total price agreed in the contract is disproportionate, the price for the actual performance is calculated based on the market price of the provided performance.
13.5. The Consumer shall incur no other obligations or costs in exercising the right of withdrawal from a distance or outside-the-premises contract under point 11.1. apart from the obligations under points 13.1., 13.3. to 13.5., and the obligation to pay additional costs under point 14.3.
XIV. Rights and Obligations of the Merchant after the Consumer’s Withdrawal from a Distance Contract or a Contract Concluded Outside the Merchant’s Premises
14.1. The Merchant is obliged to return to the Consumer, within 14 days from the date of receipt of the notice of withdrawal, all payments received from the Consumer based on or in connection with the distance contract or the contract concluded outside the Merchant’s premises or a supplementary contract, including the costs of transport, delivery, postage, and other costs and fees.
14.2. The Merchant is obliged to return to the Consumer all payments under point 14.1. to the extent corresponding to the withdrawal from the contract if the Consumer has not withdrawn from the entire distance contract or the entire outside-the-premises contract. The Merchant may not charge the Consumer any additional costs for shipping, delivery, postage, and other costs or fees.
14.3. The Merchant is not obliged to reimburse the Consumer for additional costs if the Consumer has expressly chosen a method of delivery other than the cheapest standard delivery method offered by the Merchant. Additional costs are defined as the difference between the chosen delivery costs and the cost of the cheapest standard delivery method offered by the Merchant.
14.4. The Merchant is not obliged to refund payments under point 14.1. to the Consumer before the goods are delivered back to the Merchant or before the Consumer proves that the goods have been sent back to the Merchant, unless the Merchant proposes to collect the goods in person or through a person authorized by him.
14.5. The Merchant is obliged to return payments under point 14.1. to the Consumer in the same way as the Consumer used for their payment. This does not affect the Merchant’s right to agree with the Consumer on another method of refund, provided the Consumer is not charged any additional fees.
14.6. The Merchant is obliged to arrange the collection of the goods at his own expense within the time limit under point 14.1. if, under a contract concluded outside the Merchant’s premises, the goods were delivered to the Consumer’s home at the time of the conclusion of the contract, and given the nature of the goods, it is not possible to return them by post.
14.7. It is prohibited to unilaterally set off the Merchant’s and Consumer’s claims that arise from withdrawal from the contract under point 11.1.
14.8. The Merchant may not require the Consumer to pay costs for: a) The provision of a service, or the supply of water (not for sale in a limited volume or in a set quantity) or heat during the withdrawal period under points 12.1. to 12.3., regardless of the extent of the service already provided, if:
XV. Supervisory Authority
15.1. The competent authority exercising supervision over consumer protection legislation is: Slovak Trade Inspection (Slovenská obchodná inšpekcia)
Inspectorate in Košice for the Košice region
Vrátna 3, P. O. BOX A-35, 040 65 Košice 1
Department of Inspection
Tel.: +421 55 729 07 05, +421 55 622 76 55
Fax: +421 55 622 46 95
Email: ke@soi.sk
Link to submit motions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
XVI. Alternative Dispute Resolution
16.1. If the Consumer is not satisfied with the way the Seller has handled his/her complaint or believes that the Seller has violated his/her rights, the Buyer has the right to contact the Seller with a request for redress. If the Seller responds to this request by rejecting it or fails to respond within 30 days of its dispatch, the Consumer has the right to file a motion to initiate an alternative dispute resolution under § 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Laws, as amended. The body authorized to conduct alternative dispute resolution with the Seller is the Slovak Trade Inspection (contact information at https://www.soi.sk), or another relevant authorized legal entity listed in the register of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/, or directly at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1).
The Consumer has the right to choose which of the aforementioned alternative dispute resolution entities to contact. The Consumer may use the Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/ or directly at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. Alternative dispute resolution can only be used by the Buyer who acts as a Consumer when concluding and fulfilling the contract. Alternative dispute resolution only concerns disputes arising from or related to the consumer contract between the Consumer and the Seller, concluded at a distance. The alternative dispute resolution authority may reject the motion if the calculable value of the dispute does not exceed 20 EUR. The ADR authority may require the Consumer to pay a fee for initiating the proceedings up to a maximum of 5 EUR including VAT.
Further information about the alternative resolution of disputes between the Seller and the Buyer – Consumer arising from the Purchase Contract as a consumer contract or in connection with a consumer contract can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk and in Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Laws, as amended.
XVII. Supplemental Provisions
17.1. The Seller shall not conclude a purchase contract nor conduct sale, mediation, or delivery of alcoholic beverages/products, tobacco products, or other products to persons (Buyers) under 18 years of age at the time of contract conclusion if the sale of such products is prohibited to persons under 18 years of age pursuant to valid and applicable Slovak legal regulations. Accordingly, the Seller shall verify the Buyer’s compliance with this age requirement (18 years) by checking the Buyer’s identity document (ID card or passport) upon handing over the order. The Seller shall do so through the authorized person delivering the order. If the Buyer has not turned 18 years of age, or if the Buyer refuses or fails to prove his/her age, the Seller shall not deliver the order, and the purchase contract shall be terminated.
XVIII. Information on Applicable Codes of Conduct
18.1. The Merchant informs consumers that there are no special relevant codes of conduct that the Seller has committed to abide by, where a code of conduct is understood as an agreement or set of rules that define the Seller’s behavior in relation to one or more specific commercial practices or business sectors, if these are not established by law or another legal regulation or act of a public authority, and which the Seller has undertaken to follow, as well as the manner in which consumers can familiarize themselves with them or obtain their wording.
XIX. Consumer Product Reviews
19.1. The Merchant does not control or limit the possibility of product reviews solely to those persons who have actually purchased the product from the Merchant.
XX. Final Provisions
20.1. The Seller reserves the right to amend these General Terms and Conditions. The obligation to provide written notice of any amendment to the General Terms and Conditions is fulfilled by posting the updated version on the Seller’s website. In the event of changes to the General Terms and Conditions, the relationship between the Buyer and the Seller is governed by the General Terms and Conditions that were in force and effect at the time of the conclusion of the Purchase Contract, until its termination.
20.2. These General Terms and Conditions form an integral part of the Complaint Policy (Returns & Claims Policy) and the Privacy Policy of this Website. These documents—Complaint Policy and Privacy & Data Protection Policy—are published on the Seller’s website domain.
20.3. These General Terms and Conditions become valid and effective upon their publication on the Seller’s website on January 31, 2025.
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