GENERAL TERMS AND CONDITIONS
Alexander Marcus Group Ltd
Račianska 9705/96, 831 02 Bratislava, Slovak Republic
Business ID: 50 860 682
TAX ID: 2120533184
VAT registration number: SK2120533184
Tel. Contact: +421 949 44 86 83
E-mail: info@alexandermarcus.fr
General Terms and Conditions valid and effective from 01.02.2020
I. PREAMBLE
This GTC governs the rights and obligations of the Parties arising from the distance purchase agreement concluded between the Seller and the Buyer, arising from the sale and purchase of the Goods and/or arising from the use of the Services by the Buyer provided by the Seller through electronic commerce on the Seller's Website www.alexandermarcus.fr and govern the principles of the legal relationship between the Buyer and the Seller, who is also the operator of the Seller's Website.
This GTC apply to all contracts concluded through the Seller's E-Shop, except if the Seller and the Buyer enter into a separate contract expressly agreeing on conditions different from this GTC, in which case the terms agreed in the special contract take precedence over these GTC.
The Buyer declares that he/she has become familiar with these GTC prior to sending the Goods Order or the Services Order.
In connection with the operation of the Seller's Online Store, the Seller cooperates and provides support to organizations which is engaged in helping socially disadvantaged people or countries. Depending on the Buyer's order of a particular Goods in the Seller's Online Store, the Seller shall donate funds to the organization from the received price ranging from EUR 5.00 to EUR 150.00.
II. DEFINITIONS AND INTERPRETATION
The terms and terms defined and used in these GTC shall be consistent with the meaning of terms and expressions in all contractual legal relationships between the Seller and the Buyer relating to the Goods being sold or the Services provided unless expressly agreed otherwise in writing by the Parties.
Unless otherwise stated in this GTC, the words used in the singular shall also refer to the plural and vice versa. Words used in the masculine gender will also include feminine and middle gender.
“Civil Disputes Code” means Act No. 160/2015 Coll. Civil Procedure Code, as amended.
“Price” means the purchase price that the Buyer undertakes to pay to the Seller for the Goods and/or Custom Goods and its delivery. For the avoidance of doubt, for the purposes of this GTC, the Price means the total price, including, but not limited to, the Seller's delivery costs of the Goods or other reasonable costs related to the Order.
“Rental Price” means the rental price that the Buyer, as the lessee, undertakes to pay to the Seller as to the lessor for the rental of the Goods. For the avoidance of doubt, for the purposes of this GTC, the Rental Prices do not include transport costs.
“Gift” means any gift, set of cards, discount coupon, or other products provided free of charge by the Seller to the Buyer together with the Goods purchased.
“Donation Agreement” means a donation agreement concluded between the Seller as a donor and the Buyer as a recipient through which the Seller transfers the Gift to the Buyer free of charge and the Buyer accepts the Gift.
“Day” means a calendar day.
“Deposit” means a refundable advance payment to secure the Seller's due claims against the Buyer arising out of or in connection with the Lease of the Goods.
“Design Talk by Alexander and Marcus” means an event organized by the Seller and the Seller publishes more detailed information about the event on the Seller's Website.
“Seller's Online Store” or “Seller's Website” means the Seller's electronic store operated at www.alexandermarcus.fr.
“Buyer” means an entity that entered into a business relationship with the Seller through the Order or used the Services offered by the Seller in the Seller's online store. For the purposes of providing the Services, the Buyer is also considered in these GTC to be the lessee or the customer of the Services, depending on the nature of the provided Services. Only a natural person - Consumer, as well as legal entities and organizations - Entrepreneurs can become a buyer.
“GDPR Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ).
“Civil Code” means Act No. 40/1964 Coll. Civil Code as amended.
“Commercial Code” means Act no. 513/1991 Coll. Commercial Code as amended.
“Order” means filling in and sending the order form on the Seller's Website to the Buyer.
“Entrepreneur” means a person (i) registered in the relevant business register, (ii) doing business under a trade license, (iii) doing business under a non-trade license under special regulations, (iv) a person who purchases Goods under his business activity, or in connection with it or the person who states his / her ID in the Order.
“Business Day” means a day from Monday to Friday, unless it is a public holiday or non-working day in the territory of the Slovak Republic.
“Seller” means Alexander Marcus Group Ltd with its registered office at Racianska 9705/96, 831 02 Bratislava, Slovak Republic, TAX ID: 50860 682, VAT: 2120533184, VAT ID: SK2120533184, the company registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No .: 119733 / B. For the purposes of providing the Services, the Seller is further considered in these GTC to be the lessor or the provider of the Services, depending on the nature of the provided Services.
“Rental of Goods” means a service provided by the Seller through the Seller's Online Store, consisting in passing the selected Goods (furniture and decorations) to the Buyer for consideration (Rental Price) for temporary use, subject to the terms and conditions set forth herein.
“Registration” means the establishment of a permanent user account by the Buyer on the Seller's Website, which allows the Buyer to purchase the Goods on the Seller's Website expeditiously and to receive the benefits resulting from such Registration and the Seller's current offer.
“Service” means (i) Interior Designer Service, or (ii) Goods Rental.
“Interior Designer Service” means a service provided by the Seller through the Seller's Online Store consisting of securing and mediating interior designer services based on Buyer's requests and inquiries.
“Consumer” means a natural person who, when concluding and performing the contract and/or the Contract for the Lease and Use of the Services through the Seller's Internet Store, does not act within the scope of its business, employment or profession.
“Goods” means, but is not limited to, luxury and original furniture, decorations, or other home furnishings, including Custom Goods, or any other products and products that are offered through the Seller's Online Store and that are presented through the Seller's Online Store for sale to the Buyer.
“Tailor-made Goods” means, but is not limited to, Goods made to Buyer's specific requirements, Custom-made Goods, Goods specifically designed for a single Buyer, or hand-made Goods.
“GTC” means these General Terms and Conditions.
“Act on Alternative Dispute Resolution” means Act no. 391/2015 Coll. on Alternative Dispute Resolution and on Amendments to Certain Acts as amended.
“Personal Data Protection Act” means Act no. 18/2018 Coll. on the protection of personal data and on amendments to certain acts, as amended.
“Consumer Protection Act” means Act No. 250/2007 Coll. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended.
“Consumer Protection Act in Distance Selling” means Act No. 541/2004 Coll. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and amending and supplementing certain acts, as amended.
“Deposit” means the price determined by the Seller in the Advance Invoice (Pre-invoice).
“Advance Invoice” means a pre-invoice under which the Buyer is obliged to pay the Seller the Price for the Tailor-made Goods in advance, prior to delivery of the Tailor-made Goods, in the amount of the Price set by the Advance Invoice (Pre-invoice). The advance invoice shall be issued by the Seller to the Buyer solely in the case of Custom Order of Goods.
“Contract” means a distance contract concluded between the Seller and the Buyer, concluded solely by means of one or more means of distance communication without the simultaneous physical presence of the Seller and the Buyer, outside the premises of the Seller.
“Lease Agreement” means a contract for the lease of movable assets or another similar contract for the provision of the Goods Rental Service.
“Parties” means the parties to a contractual relationship, and the Seller is (i) Alexander Marcus Group Ltd, having its registered office at Racianska 9705/96, 831 02 Bratislava, Slovak Republic, TAX ID: 50 860682, and on the Buyer's side it is (ii) a natural or legal person, Consumer or Entrepreneur who concluded the Contract and/or the Lease Contract.
III. INTRODUCTORY PROVISIONS
The object of sale through the Seller's online store is the Goods. The detailed specification of the Goods and description of the main properties of the Goods are available in the Seller's Internet Store after opening, respectively. Click on each individual Goods.
The sale of Goods made between the Seller and the Buyer - Consumer is subject to generally binding legal regulations of the Slovak Republic, in particular, the relevant provisions of the Civil Code, the Consumer Protection Act, the Consumer Protection Act, and the Slovak legislation.
The sale of Goods made between the Seller and the Buyer - Entrepreneur is subject to generally binding legal regulations of the Slovak Republic, in particular, the relevant provisions of the Commercial Code and other applicable legal regulations of the Slovak Republic. At the same time, the Buyer - Entrepreneur acknowledges that the rules of this GTC apply adequately to the contractual relations between him and the Seller, especially by ordering the provisions of these GTC applicable to Entrepreneurs.
The Seller provides the following Services through the Seller's online store:
Interior designer service. The special provisions of Article X hereof apply to the conditions for the provision of the Interior Designer Services.
Rental of goods. The specific provisions of Article XI shall apply to the rental of Goods. of this GBT.
Prior to the provision of any Service, the Seller shall require the Buyer - Consumer to expressly agree to commence the Service before the expiry of the withdrawal period and to declare that the Buyer has been duly instructed by the above. The Buyer acknowledges that by giving such consent, the Buyer loses the right to withdraw from the Contract upon full provision of the Service.
The Seller regularly organizes design events under the name Design Talk by Alexander and Marcus, while the Seller publishes more detailed conditions and information about individual events through the Seller's Website. The Buyer is entitled to purchase a ticket for any available Design Talk by Alexander and Marcus through the Seller's Online Store. The Seller is entitled to send an invitation to the Buyer to the Design Talk by Alexander and Marcus, with the choice of the Buyer at the Seller's discretion. The buyer is not legally entitled to provide an invitation to Design Talk by Alexander and Marcus. The Buyer acknowledges that the content of the invitation is determined by the Seller. The invitation applies exclusively to the selected Design Talk by Alexander and Marcus, which is non-transferable and tied solely to the name of the person to whom it is addressed.
IV. THE GOODS
Goods available in the Seller's Internet Store are, but are not limited to, luxury and original furniture (chairs, sofas, stools, chairs, lamps, beds, tables, cabinets, and other products), decorations (candles, pillows, vases, tablecloths, and others) products), or other home accessories, Goods made to Buyer's specific requirements, Custom made Goods, or Goods made specifically to Buyer's requirements or any other Goods available and offered in the Seller's Online Store. The main subject of the Seller's sale through the Seller's Internet Shop is original quality goods, including handmade products, which also meet the requirements of demanding clients.
The Seller made every effort to ensure that the color shades of the Goods published in the Seller's Internet Store match as much as possible with the reality. Nevertheless, the Seller cannot guarantee the full match of the color shades of the Goods. The Buyer acknowledges that the photographs on the Seller's Website may in certain cases be reasonably different from the reality (i.e., the color of the Goods for illumination reasons). The Seller does not assume liability for any inconsistencies and is not considered to be a defect of the Goods.
In the case of making a Tailor-made Goods, which is available especially for hand-made Goods, the Buyer is entitled to customize the Tailor-made Goods according to their requirements, especially but not exclusively to choose the material or color of the Tailor-made Goods, to Customize your initials.
The Buyer acknowledges that in the case of the special nature of the Goods, i. Tailor-made goods or, in the case of hand-made Goods (not by means of mass production), it is not possible, even with the utmost professional care and precision, to achieve absolute accuracy of individual Tailor-made products and individual products (Tailor-made). differ from each other, as well as by comparison with the photographs presented on the Seller's website. The Seller does not assume liability for any inconsistencies and is not considered to be a defect of the Goods.
Due to the specific nature of some Goods, particularly in the case of Tailor-made Goods, the Seller is entitled to make any changes to the Tailor-made Goods design without notice to the Buyer. Pictures of the Customized Goods published on the Seller's Website may differ from the facts, respectively. tailored goods.
V. ORDER OF GOODS AND CONCLUSION OF THE CONTRACT
Purchase of Goods through the Seller's Online Store may be made (i) without the Buyer's Registration on the Seller's Website, or (ii) through the Buyer's Registration by establishing a permanent user account.
Purchase of Goods without Buyer Registration is made through a single Buyer Order as an unregistered customer.
The purchase of the Buyer's Goods, which is registered on the Seller's Website, is made through a user account. During the Registration, the Buyer chooses his / her own password through which he/she will log in to his / her user account on the Seller's website. The buyer is obliged to keep the password confidential and not disclose it to any third party. In the event that the Buyer suspects the possible misuse of his password, respectively. login information to the user account, he/she is obliged to change the password without delay and inform the seller of the stated facts.
In the case of the Buyer's registration on the Seller's website and the purchase of the Goods through the Buyer's user account, the Buyer has the possibility to receive the benefits resulting from such Registration and the resulting Seller's current offer (eg free entry to Design Talk by Alexander and Marcus or other events organized by the Seller), promotions and other benefits).
By confirming and submitting an Order (in the form of a completed and submitted order form), i. By pressing the "Order with Payment Obligation" button in the Seller's Online Store, the Buyer gives the Seller a binding proposal to conclude a contract that involves the purchase of the Goods specified in the Order and selected by the Buyer of the Product Catalog (Goods) specified in the Seller's Online Store.
Individual Products (Goods), the Buyer is entitled to select the required number of pieces through the "Add to Cart" button. In the “Basket” the Buyer is entitled to change, remove or modify the required number of pieces of individually selected products (Goods) according to their requirements.
The Order of Goods process itself takes place by entering the required data as part of the ordering process in the “Basket” of the Seller's Online Store. Within the Purchase Order, the Buyer is obliged to choose the method of delivery of the Goods and the method of payment (payment) for the Goods and truthfully complete the required invoice and delivery data in the electronic order form - Purchase Order. The order can be sent only after completing all required fields - invoice delivery data, choice of payment method and delivery method. By sending an Order, i. By pressing the "Order with payment obligation" button by the Buyer, the process of ordering the Goods is completed.
By sending the Order, the Buyer expressly confirms that he is aware of the obligation to pay the Price of the Order for the Goods, delivery of the Goods and other predetermined costs to the Seller.
Upon proper and complete submission of the Order, the Buyer will receive an e-mail addressing the Order (or Registration) process of registering the Order in the electronic system of the Seller (hereinafter referred to as “acceptance of the Order”). Upon receipt of the Order, the Seller shall process the Buyer's Order, verify the availability of the Goods in stock and promptly notify the Buyer by e-mail, inter alia, of the processing of the Order, ("Order Confirmation"). Upon delivery of the Order Confirmation to the Buyer, the contract is concluded between the Parties. This is without prejudice to clause 7.7 of the Contract, which specifically regulates the conditions of the process of processing the Order in the case of Tailored Goods. Any change to the Order after the conclusion of the Contract is a proposal to modify the Contract and is possible only by mutual written agreement of the Seller and the Buyer. The seller is not obliged to accept such a proposal.
The contract is concluded for a definite period of time and expires upon the fulfillment of the obligations of the Seller and the Buyer.
When ordering and purchasing the Goods in the Seller's Online Store, a Gift may be delivered to the Buyer together with the Goods. The Buyer may receive only one Free Gift per order. For the avoidance of doubt, the Buyer is not legally entitled to provide a Gift. The choice of a particular Gift depends on the Seller's decision and the availability of the Gifts. The provided Gift is not covered by the warranty and the Seller is not responsible for the defects of the Gift.
VI. DELIVERY OF GOODS ACCEPTANCE
Pursuant to the Contract, the Seller undertakes to deliver and hand over the Purchased Goods to the Buyer and allow it to acquire ownership of the Goods and the Buyer undertakes to take over the Goods and pay the agreed price to the Seller. The Seller is obliged to deliver to the Buyer the Goods in quantity, type, quality, packaging and in accordance with the Order and as stipulated in the Contract and these GTC.
The Seller shall fulfill its obligation to deliver the Goods to the Buyer so that the Seller allows the Buyer to dispose of the Goods at the agreed place of delivery.
Delivery of the Goods is possible within the whole territory of the European Union and the Principality of Monaco.
Delivery of the Goods shall be effected in the manner and at the shipping address specified by the Buyer in the Order. The Buyer is obliged to state the existing address in the Order and provide the data for the purpose of delivery of the Goods in the following range: name and surname, resp. the full name of the Buyer - Entrepreneur, domicile or registered office (place of business) by indicating the name of the municipality, street, descriptive and/or orientation number, postcode, state, and telephone number. The Buyer acknowledges that for proper and timely delivery of the Goods, it is recommended that the delivery address of the Goods be indicated where the building is visibly marked with a table with an identification number.
The method of delivery is offered by the Seller and selected by the Buyer prior to the conclusion of the Contract. Delivery of the Goods shall be carried out by a shipping company
IN TIME, Ltd. or UPC delivery
Head Office: Senecká cesta 1,
Ivanka pri Dunaji 900 28 Slovakia
provided by the Seller.
The time of delivery of the Goods is individual and is stated for individual goods items in the Seller's online store. The delivery time is for the Goods, which is in stock of the Seller in Bratislava , the Slovak Republic 10 (ten) Business Days from the confirmation of the Order. In the case of Goods located in the Seller's warehouse outside the Seller's registered office, i. outside the territory of the Slovak Republic, the delivery time is 14 (fourteen) Business Days from the order confirmation. In exceptional cases, (i) when certain types of goods are out of stock, or (ii) if the made-to-measure goods are made, the delivery time may be longer. The delivery time of the Goods is 8 - 12 weeks in the case of the Customized Goods (furniture), depending on the demands and requirements of the Buyer. The delivery time of the Goods is in the case of delivery of the Goods made to measure (production of decorative pillows) from 2 to 4 weeks. The Buyer will be informed of the exact time of delivery of the Goods and/or Customized Goods in the Seller's confirmation of the Order. The Buyer acknowledges that in the event of payment of the Price for the Goods by transfer to the Seller's bank account pursuant to clause 7.6. b) The GTC for the time of Goods delivery counts from the date of receipt of payment of the Price for Goods by the Seller. If circumstances so require, the Seller and the Buyer may agree to extend the delivery time or to substitute performance in the same quality and price.
The Buyer will be informed electronically, by e-mail, of the Seller's shipment and tracking options.
If the Buyer fails to accept the Goods as part of its delivery by the shipping company, the Buyer shall receive a repeated notification of the delivery of the Goods by the Seller. The Buyer acknowledges that in case of repeated non-acceptance of the Goods, the shipping company of the Goods is entitled to redirect the shipment (Goods) to the nearest Parcel Shop from the place of delivery if the nature of the Goods.
After delivery of the Goods by the Buyer and handover of the Goods, the Buyer shall be electronically delivered by e-mail by acknowledgment.
The Seller shall not be liable for any delay in delivery of the Goods and for any damage resulting from
(i) the Buyer failing to properly inspect the Order,
(ii) failing to provide all required information and/or
(iii) filling in the Order Form incorrectly; as a result of a reasoned impossibility to deliver the Goods to the shipping company, in particular, if the delivery address specified in the Order is located in places with unprepared road surface or in places where smooth access by motor vehicle for the delivery of the Goods is not possible.
The risk of damage, accidental destruction and accidental deterioration of the quality of the Goods sold shall pass to the Buyer, upon receipt of the Goods, regardless of whether the Buyer accepts the goods in person or through a person authorized by him/her. If the Buyer was to accept the goods from the carrier, the risk of accidental destruction and accidental deterioration of the purchased goods shall pass to the Buyer upon receipt of the Goods at the place of delivery designated by the Buyer.
The Buyer shall be liable for any damage that may be caused to third parties in connection with the use of the Goods.
VII. PURCHASE PRICE
The Buyer undertakes to pay to the Seller the agreed price for the Goods and its delivery. As the contractually agreed Price, the Price determined at the time of conclusion of the contract, ie. at the moment of confirmation of the Order by the Seller.
Prices of goods offered by the Seller in the Seller's Online Store are quoted in euros, including value-added tax (VAT) and all other taxes.
Individual prices for the Goods do not include delivery, shipping, postage, and other costs or fees, which vary according to the ordered Goods, quantity, delivery method, and conditions of the shipping provider, as well as the method of payment of the Goods, shipping and other costs. The Buyer pays shipping fees depending on the selected Goods, its quantity, the type of transport selected and the payment method selected by the Buyer in accordance with the Order of the Goods from the current offer of payment methods and the Seller's delivery methods.
The current prices of the Goods are determined by the Seller for each individual offered product (Goods) which is offered in the Seller's Internet Store. The prices of the Goods listed in the Seller's Internet Store may be subject to change, depending on the change in the prices of the goods manufacturers, importers and the like. The Seller shall ensure that the prices of the Goods listed in the Seller's Online Store are regularly updated. In the case of Goods with a price exceeding EUR 2,000.00 (in words: two thousand euros), the price of the Goods is not listed in the Seller's Internet Store for the Goods and will be provided to the Buyer upon request. If the Buyer requests the price of the Goods in writing, the Seller will be assigned an individual sales manager who will be available to him during the purchase and ordering of the Goods. The possibility of a personal meeting by the sales manager is possible upon prior agreement of the Parties.
The price of the Goods, including the amount of shipping costs, or any other costs, will always be notified to the Buyer prior to sending the Order.
Payment of the Price for the Goods, including the related costs (cash on delivery, delivery, etc.), may be made by the Buyer in one of the following ways:
payment online via payment gateway in the Seller's Online Store. In the case of this method of payment of the Price, the Seller shall dispatch the ordered Goods to the Buyer usually within 24 hours from the day of the order confirmation;
payment by bank transfer to the Seller's bank account. In the case of this method of payment of the Price, the Seller shall be entitled to dispatch the ordered Goods to the Buyer only after the Price, including related costs, has been credited to the Seller's bank account or after the Buyer has received a document proving payment of the Price;
payment of an issued invoice in special cases, either (i) in the case of larger deliveries of the Goods to the Buyer, by prior agreement of the Parties, or (ii) in the case of payment of the Price of the Tailor-made Goods, or
The Buyer acknowledges that, in the case of Custom Goods, special conditions of payment apply for the payment of the Price. In the case of payment of the Price of the Tailor-made Goods, the Seller shall require the advance payment for the delivered Tailor-made Goods in the amount of 60% of the Price, respectively. in the amount set by the Advance Invoice (Pre-Invoice) as an indication of the Buyer's serious interest in Customized Goods. The Seller shall issue the advance invoice to the Buyer without delay, at the latest together with the confirmation of the Goods Order. The maturity of the Advance Invoice is 10 (ten) days from the date of issue. The Buyer hereby acknowledges that after the futile expiry of the time limit for the payment of the Advance Invoice, his Order for Custom Made Goods will be automatically canceled due to non-payment of the agreed Advance and the Parties are no longer bound by the Order. If the Buyer is again interested in making and delivering the selected Goods through the Seller's Online Store, he is obliged to place and submit a new Order. For the avoidance of any doubt, the Buyer acknowledges that the Order is binding on the Contracting Parties and the Contract is concluded only on the day the funds are credited to the Seller's bank account. The remainder of the Price of Tailored Goods at 40% the Buyer agrees to pay the Seller on the basis of an invoice to be delivered to the Buyer no later than on the day of delivery and receipt of the Tailor-made Goods, with a maturity of 21 (twenty-one) calendar days from the date of issue. In the event of the Buyer's delay in paying the remainder of the Custom Price of the Goods pursuant to the previous sentence of this paragraph of the GBTC, the Seller shall be entitled to require the Buyer to pay default interest in the amount stipulated by the applicable legal regulations of the Slovak Republic.
The price, including the associated costs and/or the Deposit, shall be deemed to have been paid on the date the funds are credited at the correct amount to the Seller's bank account.
VIII. WITHDRAWAL FROM THE CONTRACT
Withdrawal - Consumer
The Buyer is entitled to withdraw from the Contract within 14 (fourteen) calendar days without giving any reason.
The withdrawal period shall commence from the date of receipt of the Goods by the Buyer. The Buyer is entitled to withdraw from the Contract, the subject of which is the delivery of the Goods even before the start of the withdrawal period. The Goods shall be deemed to have been taken over by the Buyer at the moment when the Buyer or a third party designated by him, with the exception of the carrier, accepts all parts of the ordered Goods or if
(i) Goods ordered by the Buyer in a single Order are shipped separately.
(ii) Delivers goods consisting of multiple parts or pieces at the time of receipt of the last part or last piece;
(iii) Delivers the Goods repeatedly for a specified period of time at the time of receipt of the first Goods delivered.
Withdrawal from the Contract must be delivered by the Buyer in writing to the address of the Seller: Alexander Marcus Group Ltd, Račianska 9705/96, 831 02 Bratislava, Slovak Republic, or electronically (by e-mail) to the following e-mail address: info@alexandermarcus.fr. The buyer has the option to withdraw from the Contract using the sample form, which is attached to Annex no. 1 of this GBT.
The Buyer shall not be entitled to withdraw from the Contract for
(i) the provision of the Service if it has been started with the express consent of the Buyer and the Buyer has stated that he has been duly instructed that
(ii) the sale of goods or the provision of services, the price of which depends on the movement of prices on the financial market, which the Seller cannot influence the accumulation that may occur during the withdrawal period;
(iii) the sale of goods which are subject to rapid deterioration or perishability;
(iv) the sale of goods sealed in a protective packaging which is not appropriate to return for reasons of health or hygiene reasons which the protective packaging has been damaged upon delivery;
(v) the sale of goods which, by their nature, may, after delivery, be inextricably mixed with other goods, or
(vi) other reasons exhaustively set out in the provisions. § 7 par. 6 of the Consumer Protection Act.
In the event of withdrawal from the Contract, the Buyer is obliged to send the Goods by mail back to the address of the Seller's registered office, or no later than 14 (fourteen) days from the date of withdrawal from the Contract. to another address of the Seller to whom the Goods have been shipped, or to hand it over to the person authorized by the Seller to take over the Goods. The period shall be deemed to have been maintained even if the Goods were handed over for carriage no later than the last day of that period.
The Buyer shall deliver to the Seller the Goods, if possible clean, unused, undamaged, in the original packaging, including a warranty card, invoice or other proof of payment of the Goods to the Seller, together with the Gift received by the Buyer upon delivery of the Goods.
In the event of withdrawal from the Contract, the Buyer shall be liable to the Seller for a reduction in the value of the Goods resulting from such treatment of the Goods beyond the treatment necessary to ascertain the characteristics and functionality of the Goods.
In the event of withdrawal from the Agreement, the Seller shall return to the Buyer without undue delay, but no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal, the total price paid for the Goods in full, including all payments received associated with returning the Price to the Buyer. The Seller shall return to the Buyer the Price for the Goods in the same manner as the Buyer used to pay the Price for the Goods unless the Parties agree otherwise. Point 8.9 of these GBT is not affected by this provision.
Upon withdrawal from the Contract, the subject of which is the sale of the Goods, the Seller shall not be obliged to return to the Buyer the Price for the Goods before the Goods are delivered to him or until the Buyer proves the sending of the Goods back to the Seller.
The Buyer acknowledges that in the event of withdrawal from the Contract, he is obliged to bear the costs of returning the goods to the Seller or a person authorized by the Seller to take over the Goods, as well as the costs of returning the Goods.
In the event that the Buyer does not assume the Seller's right to claim compensation for damage incurred in the amount of the actual costs of attempting to unsuccessfully deliver the Goods in accordance with the Order, without the prior written withdrawal from the Contract. In such a case, the Seller is also entitled to withdraw from the Contract and sell the Goods to a third party.
In the event of unauthorized withdrawal from the Contract, the Seller is entitled to return the Goods to the Buyer at the Buyer's expense.
Withdrawal from the Contract - Entrepreneur
Buyer - Entrepreneur acknowledges that in the event of withdrawal from the Contract is not entitled to withdraw from the Contract according to the provisions of these GBTC, which apply to the withdrawal of Buyer - Consumer. The withdrawal from the Contract by the Buyer as an Entrepreneur is subject to the relevant provisions of the Commercial Code unless these GTC stipulate otherwise.
The Buyer is entitled to withdraw from the Contract only
(i) in the event of a material breach of obligations by the Seller, or in the case
(ii) if the Seller has allowed the Buyer to withdraw from the Contract. For the purposes of this provision of the GBTC, the Seller shall be deemed to be a material breach of the Seller's delay in delivering the Goods for more than 60 (sixty) days from the date of delivery agreed in the Contract, i. from the date of delivery of the Goods determined in the order confirmation. For the avoidance of any doubt, the Buyer acknowledges that it is not entitled to withdraw from the Contract, the subject of which is the sale of the Goods made-to-measure, even in the event of a material breach of obligations by the Seller.
In the event that the Buyer is allowed to withdraw from the Contract and return the Goods by the Buyer, the Buyer shall deliver to the Seller the Goods, if possible clean, unused, undamaged, in original packaging, including warranty card, invoice or other proof of payment to Seller, together received by the Buyer upon delivery of the Goods. If the returned goods are not in the original packaging, including all parts and accessories, or if the Goods are returned damaged, destroyed, or other defects and/or deficiencies, the Buyer acknowledges that the Seller reserves the right such reimbursement of the Goods with a title of cost compensation (damages), in such amount as to compensate the Seller for the costs necessarily incurred to resell the Goods for sale. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred on the Goods against the Buyer's claim for a refund of the paid Price pursuant to paragraph 8.16 hereof.
In the event that the Seller has received from the Buyer any monetary amount under the Contract from which it was withdrawn, the Buyer acknowledges that the right to repayment of the Price or part thereof does not arise. In such case, the Buyer is entitled to request from the Seller:
exchange of Goods for another Goods of equal value; if the Buyer chooses an available offer of Goods above the paid price, he is obliged to pay the remaining price of the Goods to the Seller by one of the methods of payment of the Goods according to paragraph 7.6 hereof; in the event that the Buyer chooses an available offer of Goods, the Price of which is lower than the already paid Price, the Buyer is entitled to pay the difference of the new Price of the Goods up to the paid Price, or
an alternative to the reimbursement of funds (paid Price) by means of a voucher provided by the Seller in the amount of the paid Price, with a period of redemption of one (1) year from the date of its receipt by the Buyer.
Withdrawal from the Contract - Seller
The Seller is entitled to withdraw from the Contract concluded by the Buyer - Consumer due to
(i) force majeure or
(ii) for serious operational reasons. In the event that the Buyer has paid the Price and/or Advance, the Seller undertakes to return the Buyer Price and/or Advance appropriately to the undelivered Goods.
The Seller is entitled to withdraw from the Contract concluded by the Buyer - Entrepreneur for reasons
(i) set forth in 8.17 hereof,
(ii) the sellout of its Goods,
(iii) unavailability,
(iv) if the manufacturer or supplier of the Goods agreed in the Contract production, increased the price, or made such serious changes that prevented the Seller from fulfilling the Seller's obligations under the Agreement, or
(v) if, even with considerable effort that can reasonably be required of the Seller, the Goods are unable to deliver the Goods to the Buyer, or the price agreed in the Contract, or
(vi) a material breach of the Buyer's obligations. For the purposes of this provision of the GBTC, the Buyer's default in paying any of the Buyer's legitimate and payable financial obligations in respect of these GBTC (eg payment of the remaining part of the Custom Price) for more than 15 (fifteen) days from the time limit maturity, respectively. from the date agreed in these GTC and/or in the Contract.
In case the Seller has withdrawn from the Contract for reasons stated under letter a). (i) - (v) of this clause of the Agreement, and if the Buyer has paid the Price and/or Advance, the Seller undertakes to return the Buyer Price and/or Advance to the value of the undelivered Goods.
In the event that the Seller withdraws from the Contract for reasons stated under letter a). (vi) of this clause of the Agreement, the Buyer is obliged to return to the Seller the Goods, if possible clean, unused, undamaged, in the original packaging, including the warranty card, invoice, other proof of payment of the Goods to the Seller, together with the Gift received by the Buyer upon delivery of the Goods. The Buyer is also obliged to pay the Seller a contractual penalty in the amount of the Price of Goods in relation to which the breach of the Buyer's obligation is binding.
The Seller is obliged to immediately inform the Buyer about the withdrawal at the Buyer's email address. Prior to withdrawal from the Contract, the Seller is entitled to offer the Buyer a substitute performance. The Buyer has the right to refuse the substitute performance and withdraw from the Contract.
Withdrawal from the Treaty - Common Provisions
Either of the Parties shall be entitled to withdraw from the Agreement in the event of an obvious verbal, numerical, written or any technical error in the Price of the Goods. In particular, a manifestly different price is considered to be such an apparent error than the normal price for such a type or type of product, respectively. Goods.
The Buyer acknowledges that if a Gift is sent to the Buyer together with the Buyer, the Gift Agreement between the Parties is concluded with the termination clause, that if the Party exercises its right of dignified and valid withdrawal from the Contract, the Gift Agreement loses effect and to return any object or thing received free of charge from the Seller by the returned Goods, ie Gifts including any accessories that have been enriched. In the event that the Buyer does not return the subject of the Donation Agreement to the Seller, the acquired values shall be considered as unjust enrichment of the Buyer. If the issue of unjustified enrichment is not possible, the Seller has the right to demand from the Buyer monetary compensation in the amount of the usual price.
In the event of withdrawal from the Donation Agreement, the Agreement is not terminated and for this purpose, the Donation Agreement and the Agreement shall be treated as separate contracts.
IX. WARRANTY CONDITIONS
The warranty conditions for the Goods shall be governed by the Seller's Complaints Procedure Rules published on the Seller's Website and by the applicable legal regulations of the Slovak Republic.
X. INTERIOR DESIGNER SERVICE
The Buyer is entitled to use the Interior Designer Service, which is offered by the Seller in the position of the Service Provider in the Seller's Online Store.
The Buyer acknowledges that the Interior Designer Service is only available in selected countries within which the Seller operates and delivers the Goods.
There is a charge for the interior designer service. The price for the provision of the Interior Designer Services is determined by the agreement of the Parties prior to the provision of the Service, based on the scope of the Services provided and the Buyer's requirements.
In the event that the Buyer orders the Interior Designer Service whose Order Price exceeds EUR 10,000.00, the Interior Designer Service are provided to the Buyer free of charge.
The Seller is entitled to provide the Interior Designer Service free of charge, in justified cases at its own discretion (especially in the case of larger projects).
When using the Interior Designer Service, the Seller undertakes to provide the Buyer with a specific interior designer, from the list of interior designers with which the Seller cooperates. The choice of particular interior design is made by the Seller, subject to availability.
The buyer acknowledges that the services of individual interior designers may differ from each other.
XI. RENTAL OF GOODS
The Lessee is entitled to use the Goods Rental services offered by the Seller as to the Lessor in the Seller's Online Store.
The Goods can be hired from the Seller's website, based on Buyer's written request sent to rental@alexandermarcus.fr.
The Buyer acknowledges that the Rental of the Goods does not apply to all Goods available and offered in the Seller's Internet Store. The Seller shall send the Offer of the Goods which is the subject of the provision of the Goods Rental Service to the Buyer upon request.
The Lease of Goods is binding on the Parties by concluding a Contract of Lease, which shall be signed by both Parties prior to the provision of the Lease Services.
The Buyer is obliged to pay the Seller the Rental Price determined in accordance with the valid price list available on the Seller's Website, including the related costs (transportation of the Goods) for the provision of the Goods Rental. The Buyer undertakes to pay the Seller a refundable deposit, together with the Price for the lease of frequently related costs (transport of the Goods), in the amount determined according to the type of Goods provided for the lease. The rental price, including the related costs and the Deposits, are payable in advance, i. prior to the provision of the Rental of Goods, based on an invoice to be delivered to the Buyer by the Seller. The rental price, including the related costs and the Deposits, shall be deemed to be paid on the date the funds are credited at the correct amount to the Seller's bank account. The Bank charges associated with the payment of the Rental Price, including the related costs and the Deposit, shall be borne in full by the Buyer.
The Buyer undertakes to return the subject of the Goods Lease immediately after the end of the agreed duration of the lease to the Seller.
If the Buyer returns the Goods to the Seller undamaged, free from defects and in the original condition, the Seller shall return the Deposit to the Buyer within 3 (three) Business Days after the end of the Goods rental period. In the event that the Buyer returns the Goods to the Seller damaged, by defects or beyond normal wear and tear, the Buyer shall be obliged to compensate the Seller for any damage to the Seller in respect of the corresponding sale price of the Goods (excluding VAT). The Buyer hereby agrees that the Seller is entitled to use the Deposit or part thereof to cover the proven due claims that the Lessor incurs on the basis of, or in connection with, the loss of the Goods. The Lessor undertakes to return any excess part of the Deposit to the Buyer under the terms and conditions agreed at this point of the GBTC.
Acceptance and handover of the Goods to be Leased at the commencement of the termination of the Lease of the Goods shall take place on the basis of the Acceptance Protocol on the handover and acceptance of the agreed goods, which shall be signed by both Parties.
The terms and conditions of the Goods Lease and the relationship between the Parties are set out in the Contract of Lease.
XII. PERSONAL INFORMATION
The operator of personal data is a business company Alexander Marcus Group Ltd with its registered office at Račianska 9705/96, 831 02 Bratislava, Slovak Republic, ID: 50860 682, the company registered in the Commercial Register of the District Court Bratislava I, Section: Ltd., File No. : 119733 / B and processed in accordance with the GDPR and the Personal Data Protection Act.
The Seller undertakes to comply with the provisions of the Personal Data Protection Act. For more information on the processing of personal data by the Seller, please refer to the “Privacy” section of the Seller's website at www.alexandermarcus.fr.
XII. HIGHER POWER
The Seller shall not be liable for delay or failure to fulfill any obligation under these GTC due to an unexpected event beyond its influence, in particular force majeure, fire, flood, war, civil war, sabotage, strike, laws, decrees, decrees, regulations or regulations of the state to the extent possible and reasonably promptly deliver written notice of force majeure to the Buyer, while making every effort to eliminate the effects of such force majeure.
XIII. SALVATOR CLAUSE
If any provisions of these GTC should be invalid at the time of the contractual relationship between the Seller and the Buyer, or if they become invalid later, this shall not affect the validity of the other provisions of the GTC. Instead of invalid provisions, the provisions of the Civil Code, Commercial Code, Consumer Protection Act, Consumer Protection Act in Distance Selling and other legal regulations valid and effective in the territory of the Slovak Republic, which by their content and purpose are closest to the content and purpose of GTC and/or the Agreement.
XIV. DELIVERY
The documents shall be delivered by post, courier or electronic means (e-mail) to the agreed address, to the address or registered address of the other Party or to the address designated by the Parties for this purpose. The date of service in the case of personal service shall be the date on which the addressee has taken over the document or refused to take it over. For the avoidance of any doubt, any written shipment sent by the Seller to the Buyer or the Buyer to the Seller shall be deemed to have been delivered to the addressee upon the expiration of the 5th (Fifth) Business Day following the shipment to the last known address or address. the registered office of the Contracting Party, unless it is established at an earlier time of service. The day of delivery in the case of delivery by courier service shall be the date on which the addressee has taken over the document or refused to take it over. If the addressee of the document is not reached at the place of its delivery, the document shall be deemed delivered on the expiry of the 5th (fifth) Business Day from its documented handover to the courier. Documents delivered by e-mail shall be deemed to have been delivered on the day they are sent unless a different date of service is proven.
XV. DECISIVE RIGHT
These GTC and the legal relations arising on their basis and/or on the basis of the Contract and/or the Contract of Lease or related to these GTC and/or the Contract and/or the Contract of Lease are governed by the law of the Slovak Republic. This also applies if the Buyer is a foreigner, foreign person, or stateless person unless otherwise specified in the Contract and/or the Lease Agreement.
All disputes arising out of a legal relationship arising from the Agreement and/or the Lease Agreement and/or these GTC or relating to the Agreement and/or the Lease Agreement and/or the GTC, including disputes concerning the validity, interpretation, and termination of the Agreement and/or the Buyer and the Seller shall try to solve and/or the GTC preferentially by agreement. If no agreement is reached, the dispute shall be finally settled by the Slovak court on the basis of the rules of local, substantive effective jurisdiction under the Civil Disputes Code.
XVI. FINAL PROVISIONS
Pursuant to Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region
registered office: Bajkalská 21 / A, P. O. BOX no. 5, 820 07 Bratislava,
Slovak republic
Supervision Department, tel. no. +421 2 58 27 21 72, +421 2 58 27 21 04
Consumer Protection Department, tel. no. 02/58 27 21 56
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
Buyer is aware that he does not acquire any rights to use the Seller's registered trademarks, trade names, logos or patents or other companies or Seller's suppliers by the purchase of the Goods unless otherwise agreed in a specific case.
Unless otherwise stated, the Seller shall have copyright in respect of all photographs, images, illustrations, text, or logo published on the Seller's Web Site and the Buyer, nor any third party shall be entitled to disclose, otherwise, make available or use for its own purposes or for another person, without the prior written consent of the Seller. In the event of any breach of this GTC, the Seller shall be entitled to infer the consequences of the applicable legal regulations against the offender.
In cases where according to this GTC it is foreseen to notify the Buyer of the facts by notification on the Seller's website, such notices are considered to be notified to the Buyer by their publication on the said Seller's website www.alexandermarcus.fr. The Seller reserves the right to make any unilateral change to the GTC. The Seller shall announce changes to the GTC by publishing on the Seller's Website.
For the purpose of contacting the Seller in accordance with these GTC and the Contract, the Buyer is entitled to contact the Seller as follows:
Alexander Marcus Group Ltd
Račianska 9705/96
831 02 Bratislava
Slovak republic
Phone number: +421 949 44 86 83
Email: info@alexandermarcus.fr
This GTC shall be valid for the whole period of validity and effectiveness of the legal relationship between the Seller and the Buyer established by the Contract or the Lease Agreement and after their termination until all claims arising from them are settled. The valid Contract and/or the Rental Contract shall be governed by the GTC valid at the time of its conclusion.
Alexander Marcus Group Ltd
Račianska 9705/96
831 02 Bratislava
Slovak republic
Business ID: 50 860 682
TAX ID: 2120533184
VAT registration number: SK2120533184
Phone number: +421 949 44 86 83
Email: info@alexandermarcus.fr
Goods rental: rental@alexandermarcus.fr
Website: www.alexandermarcus.fr
PAYMENT DATA
Tatra Banka a.s.
Hodžovo námestie 3, 811 06 Bratislava 1, Slovakia
IBAN: SK27 1100 0000 0029 4103 7787
Tatra banka's SWIFT code is TATRSKBX
Constant symbol: 0008 - payments for goods
Hodžovo námestie 3, 811 06 Bratislava 1
OPENING HOURS (ONLINE SUPPORT)
Online support in the Seller's Online Store in connection with the Orders, Goods, and Services is available during the following business hours:
Monday - Friday: 8 a.m. - 7 p.m.
Saturday - Sunday: 10 a.m. - 6 p.m.
(by the time zone of the Slovak Republic and France)
Seller's online support is not available during public holidays.
In the event that the Buyer leaves the Seller a message (e-mail) outside the online support opening hours, the Seller will contact the Buyer as soon as possible, usually during the specified opening hours.
In the event of failure of the information system or force majeure, the Seller is not responsible for the non-observance of opening hours (online support).
Annex no. 1
MODEL FORM FOR WITHDRAWAL
(fill in and send this form only if you wish to withdraw from the contract)
recipient:
Alexander Marcus Group Ltd
Račianska 9705/96
831 02 Bratislava
Slovak republic
Email: info@alexandermarcus.fr or claim@alexandermarucs.fr
I hereby notify you that I hereby withdraw from the purchase contract for the following goods (*) / contract for the provision of the following service (*):
Date of order (*) / date of receipt (*):
Name and surname of the consumer (s):
Address of consumer (s):
A date:..........................
Consumer 's signature:
(only if this form is mailed)
