General Terms and Conditions

I. Basic Provisions

These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are in accordance with the provisions of Act No. 40/1964 Coll. of the Civil Code, as amended (hereinafter referred to as the “Civil Code”), Act No. 250/2007 Coll. on Consumer Protection and on the amendment of Act No. 372/1990 Coll. of the Slovak National Council on misdemeanors, as amended (hereinafter referred to as the “Consumer Protection Act”), Act No. 102/2014 Coll. on Consumer Protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s premises, and on the amendment and supplementation of certain laws (hereinafter referred to as the “Consumer Protection Act for Distance Selling”).

BOASO, s.r.o.

Company Registration Number (IČO): 46239561

Tax Identification Number (DIČ): 2023296352

Registered Address: Kapicova 6, 851 01 Bratislava, Slovakia

Registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No. 130010/B

Email: info@myninadesign.com

Phone: +421 905 012 796

(hereinafter referred to as the “seller”)

These terms and conditions govern the mutual rights and obligations between the seller and a physical person who concludes a purchase agreement (hereinafter referred to as the “buyer”) through the web interface located on the website accessible at www.myninadesign.com, hereinafter referred to as the “online store”.
The provisions of these terms and conditions are an integral part of the purchase agreement. Any arrangements different from these terms and conditions made in the purchase agreement shall take precedence.
These terms and conditions and the purchase agreement are concluded in both the Slovak and English languages.
Information about the goods and prices.

Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the catalog of the online store. The prices of the goods include value-added tax, all related fees, and costs for returning the goods if the nature of the goods does not allow them to be returned by post. The prices of the goods remain valid for the duration they are displayed in the online store.

All presentations of goods placed in the catalog of the online store are for informational purposes, and the seller is not obligated to conclude a purchase agreement regarding these goods.

Information about the costs associated with packaging and delivering the goods is published in the online store.

Any discounts on the purchase price of the goods cannot be combined unless otherwise agreed upon by the seller and the buyer.

Ordering and concluding a purchase agreement

Costs incurred by the buyer when using means of distance communication in connection with the conclusion of a purchase agreement (such as internet connection costs, telephone call charges) are to be borne by the buyer. These costs do not differ from the standard rate.
The buyer can place an order for the goods through the following methods: using their customer account after prior registration on the online store or by filling out the order form without registration.
When placing an order, the buyer selects the goods, the quantity of the goods, the method of payment, and delivery.
Before submitting the order, the buyer is allowed to review and modify the information entered into the order. The order is sent to the seller by the buyer clicking the “Order” button. The information provided in the order is considered correct by the seller. The validity of the order is conditional on filling in all mandatory data in the order form and the buyer’s confirmation of having read these terms and conditions.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer during the ordering process. This confirmation is considered as the conclusion of the contract. The purchase agreement is concluded by the seller’s confirmation of the order to the buyer’s email address.
If the seller cannot meet any of the requirements specified in the order, the seller will send a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded by the buyer’s confirmation of accepting this offer sent to the seller’s email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order as long as the seller has not yet sent a notification of order acceptance to the buyer. The buyer can cancel the order by phone or email to the seller’s contact details provided in these terms and conditions.
In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this completely obvious incorrect price, even if the buyer received an automatic order confirmation according to these terms and conditions. The seller will inform the buyer about the error without undue delay and send a modified offer to the buyer’s email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded by the buyer’s acceptance of the offer sent to the seller’s email address.

Customer Account

Based on the registration made by the buyer in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders without registration.
During the registration for the customer account and when placing orders for goods, the buyer is obligated to provide all information correctly and truthfully. The buyer must update the information in their user account in case of any changes. The information provided by the buyer in the customer account and when placing orders is considered accurate by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow third parties to use their customer account.
The seller may cancel the user account, especially if the buyer does not use their user account for an extended period or if the buyer breaches their obligations from the purchase agreement or these terms and conditions.
The buyer acknowledges that the customer account may not be available uninterrupted, especially due to necessary maintenance of the seller’s hardware and software equipment or the hardware and software equipment of third parties.

Payment Terms and Delivery of Products

The price of the goods and any costs associated with the delivery of the goods according to the purchase agreement can be paid by the buyer through the following methods:
1. Bank transfer to the seller’s bank account number: SK46 8330 0000 0022 0181 5651, held at FIO bank.
2. Non-cash payment by credit card through the Stripe payment gateway.
Along with the purchase price, the buyer is obliged to pay the seller the costs related to packaging and delivering the goods as agreed. Unless expressly stated otherwise, the delivery costs are included in the purchase price.
In the case of payment through the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
For non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is credited to the seller’s bank account.
The seller does not require any advance deposit or similar payment from the buyer. The payment of the purchase price before the shipment of the goods is not considered a deposit.
According to the law on recording of sales, the seller is required to issue a receipt to the buyer. The seller is also obliged to register the received revenue with the tax administrator online, or within 48 hours in case of technical failure.
The goods are delivered to the address specified by the buyer in the order.
The choice of delivery method is made during the process of ordering the goods.
The delivery costs depending on the method of dispatch and receipt of the goods are stated in the buyer’s order and in the order confirmation by the seller. If the method of transport is agreed upon based on the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. In case it is necessary to deliver the goods repeatedly or in a different manner than stated in the order for reasons on the part of the buyer, the buyer must bear the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and promptly report any defects to the carrier. If any evidence of unauthorized tampering with the shipment is found, the buyer is not required to accept the shipment from the carrier.
The seller issues a tax document – an invoice to the buyer. The tax document is sent to the buyer’s email address or attached to the delivered goods.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, or by accepting the goods. However, the buyer’s responsibility for accidental damage, destruction, or loss of the goods passes to the buyer at the moment of accepting the goods or at the moment when the buyer was obliged to accept the goods but failed to do so contrary to the purchase agreement.

Withdrawal from the Contract

The buyer who concluded a purchase contract outside of their business activities as a consumer has the right to withdraw from the purchase contract.
If the purchase contract is concluded at a distance (via an online store) or away from the seller’s premises, and the seller has provided the buyer with timely and proper information about the right to withdraw from the purchase contract, the conditions, the deadline, and the procedure for exercising the right to withdraw from the purchase contract, including a withdrawal form (in accordance with § 3 (1) (h) of the Consumer Protection Act for Distance Selling) and provided all the required legal conditions are met, the buyer has the right under the Consumer Protection Act for Distance Selling to withdraw from the purchase contract without stating a reason and without any sanction.
The withdrawal period from the contract is 14 days from:
the moment of receiving the last item of goods if the subject of the purchase contract is several types of goods or the delivery of several parts,
the moment of receiving the first delivered goods if the subject of the purchase contract is goods that are delivered over a specified period.
The buyer acknowledges that, in accordance with § 7 (6) of the Consumer Protection Act for Distance Selling, among other things, they cannot withdraw from the purchase contract for:
services provided with the consumer’s explicit consent, and the consumer has declared that they were properly informed that by giving this consent, they lose the right to withdraw from the contract after the complete provision of the service, and if the service has been fully provided,
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 and which may occur during the withdrawal period,
the sale of goods made to the consumer’s specifications, personalized goods, or goods specially intended for one consumer,
the sale of goods liable to deteriorate or expire rapidly,
the sale of sealed goods that are not suitable for return due to health or hygiene reasons and whose protective seal has been broken after delivery,
the sale of goods that may become inseparably mixed with other goods after delivery.
To comply with the withdrawal period, the buyer must send any unambiguous statement expressing their intention to withdraw from the purchase contract within the timeframe specified in Article VI, Paragraph 3, of these Terms and Conditions.
The buyer may use the standard withdrawal form provided by the seller to withdraw from the purchase contract. The withdrawal from the purchase contract should be sent by the buyer to the seller’s email or delivery address as specified in these Terms and Conditions. The seller shall promptly confirm to the buyer the receipt of the withdrawal form.
The buyer who withdraws from the purchase contract is obliged to return the goods to the seller within 14 days from withdrawing from the purchase contract. The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
If the buyer withdraws from the purchase contract, the seller shall promptly, no later than 14 days from the withdrawal from the purchase contract, return all funds, including delivery costs, received from the buyer in the same manner. The seller will return the funds to the buyer using a different payment method only with the buyer’s consent, and without incurring any additional costs.
If the buyer has chosen a method of delivery other than the cheapest standard delivery method offered by the seller, the seller shall refund the costs of the goods delivery to the buyer in an amount corresponding to the cheapest offered method of delivery.
If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer until the buyer returns the goods or proves that the goods were sent back to the seller.
The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and, if possible, in the original packaging. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the exhaustion of stocks, unavailability of the goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller shall immediately inform the buyer via the email address specified in the order, and within 14 days from the notice of withdrawal from the purchase contract, return all funds, including delivery costs, received from the buyer based on the contract, in the same manner or in a manner specified by the buyer.

II. Rights from Defective Performance

The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer for the following at the time of receiving the goods:
1. the goods have the properties agreed upon by the parties, and if not agreed upon, the goods have the properties described by the Seller or expected by the Buyer based on the nature of the goods and the Seller’s advertisement,
2. the goods are suitable for the purpose stated by the Seller or for which such goods are commonly used,
3. the goods correspond to the agreed quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
4. the goods are in the appropriate quantity, measure, or weight, and
5. the goods comply with the requirements of the law.
The Seller’s liability for defective performance is limited to the duration of the statutory warranty period. The Buyer is entitled to exercise the right of defect for consumer goods for a period of twenty-four months from the date of receipt.
If the goods come with a specific time period for their use stated on the goods, their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on warranty for quality shall apply. The Seller guarantees that the goods will be fit for use for the specified period or that they will retain their usual properties. If the Buyer rightly claims a defect in the goods, the time period for claiming rights from defective performance or the warranty period does not run for the duration when the Buyer cannot use the defective goods.
In the case of a significant defect, the Buyer may request:
the exchange for new goods,
the repair of the goods,
a reasonable discount from the purchase price, or
the right to withdraw from the contract.
The Buyer has the right to withdraw from the contract:
if the goods have a substantial defect,
if the goods cannot be properly used due to repeated defects or defects after repair,
in the case of a larger number of defects in the goods.
A significant violation of the purchase contract is one that the breaching party knew or should have known at the time of concluding the contract that the other party would not have entered into the contract if they had anticipated this violation.
For defects that represent an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the Buyer is entitled to have the defect removed or to a reasonable discount from the purchase price.
If a removable defect reoccurs after repair (usually the third complaint for the same defect or the fourth complaint for different defects) or if the goods have multiple defects (usually at least three defects simultaneously), the Buyer has the right to request a discount from the purchase price, exchange of goods, or withdraw from the contract.
When exercising a complaint, the Buyer must notify the Seller of the chosen remedy. Changing the choice without the Seller’s consent is only possible if the Buyer requested a repair of an unremovable defect. If the Buyer chooses the right resulting from a significant breach of contract in a timely manner, the rights are the same as in the case of an insignificant breach of contract.
If repair or exchange of goods is not possible, the Buyer may request a refund of the full purchase price based on the withdrawal from the contract.
If the Seller proves that the Buyer knew about the defect before taking possession of the goods or caused the defect themselves, the Seller is not obliged to meet the Buyer’s claim.
The Buyer cannot claim a discount on discounted goods for reasons for which the goods were discounted.
The Seller is obliged to accept a complaint at any establishment where the acceptance of complaints is possible, including the registered office or place of business. The Seller is required to issue a written confirmation to the Buyer stating when the Buyer exercised their right, the content of the complaint, the remedy requested by the Buyer, and the date and method of resolving the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
The Seller or their authorized employee shall decide on the complaint immediately, in complex cases, within three working days. This period does not include the time reasonably required to expertly assess the defect. The complaint, including the removal of the defect, must be resolved promptly, no later than 30 days from the date of making the complaint unless the Seller agrees with the Buyer on a longer period. The expiration of this period is considered a substantial breach of contract, and the Buyer has the right to withdraw from the purchase contract. The moment of exercising the complaint is considered to be the moment when the Buyer manifests their will (exercising the right from defective performance) to the Seller.
The Seller shall inform the Buyer in writing about the result of the complaint.
The Buyer is not entitled to claim a right from defective performance if the Buyer knew about the defect before taking possession of the item or caused the defect themselves.
In the case of a justified complaint, the Buyer has the right to reimbursement of the purposefully incurred costs associated with exercising the complaint. The Buyer may assert this right with the Seller within one month after the warranty period has expired; otherwise, the court may not grant this right.
The Buyer has the choice of the complaint procedure.

III. Delivery

The contracting parties may mutually deliver all written correspondence through electronic mail.
The Buyer delivers correspondence to the Seller at the email address specified in these terms and conditions. The Seller delivers correspondence to the Buyer at the email address provided in their customer account or in the order.

IV. Personal Data

All the information you provide during our cooperation is confidential, and we will treat it accordingly. If you do not give us written consent, we will not use your data for any purpose other than fulfilling the contract, except for your email address, to which commercial announcements may be sent, as allowed by law unless you opt-out. These announcements may relate only to similar or related goods, and you can unsubscribe from them at any time using a simple method (by sending a letter, email, or clicking on a link in the commercial announcement). The email address will be retained for this purpose for a period of 3 years from the date of the last contract concluded between the contracting parties.
For more detailed information on the protection of personal data, please refer to the Privacy Policy: Data Protection.

V. Final Provisions

All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Slovak Republic. This does not affect the consumer rights arising from generally binding legal regulations.
The seller is not bound to any codes of conduct in relation to the buyer under the provisions of Section 3(1)(n) of the Act on Consumer Protection in Distance Selling.
All rights to the seller’s website, especially copyrights to its content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the website or its parts without the seller’s consent is prohibited.
The seller is not responsible for errors caused by third-party interventions in the online store or its misuse. The buyer must not use procedures when using the online store that could negatively affect its operation and must not engage in any activities that could allow unauthorized interference with or unauthorized use of the software or other components constituting the online store. The buyer must use the online store or its parts and software equipment in a manner consistent with its purpose or intention.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
The annex to the terms and conditions includes a template form for withdrawal from the contract.

These terms and conditions take effect on January 1, 2022.

Attachment No. 1

Form for Withdrawal from the Contract in Format DOCX