I. General provisions
The operator of the electronic store www.shop.damien.sk (hereinafter referred to as the "online store") is Damien Company s.r.o. with its registered office at Parková 760/6, 924 01 Galanta, Slovak Republic, registered in the Commercial Register of the District Court in Trnava, section: Sro, file no. 56586/T, Company ID: 56219342, Tax ID: 2122243640, (hereinafter referred to as the “operator” or also “seller” or “seller”).
You can find an extract from the Commercial Register here.
These terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between the seller and the buyer, the subject of which is the purchase and sale of goods (hereinafter also referred to as “products” or "products") in the seller's online store.
The buyer (consumer) is a natural or legal person who, when concluding and fulfilling the contract, does not act within the scope of his commercial or other business activity, but who purchases goods or uses services for a purpose other than for doing business with these goods or services.
The order is an electronic form sent by the buyer through the online store www.shop.damien.sk , containing information about the buyer, a list of ordered goods from the online store's offer and the total purchase price.
The terms and conditions are an integral part of the purchase contract. If the seller and the buyer conclude a written contract in which they agree on terms different from the terms and conditions, the provisions of the written purchase contract will take precedence over the terms and conditions.
The list of goods on any e-commerce website operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all listed goods.
The delivery time is the time for which the seller ships the goods from the online store to the post office or delivery service after the payment is displayed on our account or cash is received. In the case of cash on delivery, it is the time for which the seller ships the goods from the store to the post office after the seller has confirmed the order.
II. Prices and payment terms and methods of payment
The buyer is obliged to pay the seller the "purchase price" agreed in the purchase contract consisting of the price of the goods and the price of packaging + delivery (costs of packaging and delivery of the goods).
The price of the goods is the price listed on the seller's online store at the time the buyer sends the order to the seller. The price of the goods is listed including VAT. The seller reserves the right to continuously update the prices of the goods in the online store. However, the prices listed in the order are binding and unchangeable for both parties after it is sent by the buyer.
The price of delivery (transport) varies depending on the type of delivery and the buyer chooses it when completing the order.
Payment methods in the online store:
a) card payment,
b) payment via Paypal,
b) cashless payment upon personal collection.
If the buyer pays the seller the purchase price by cashless payment, the day of payment is considered the day when the entire purchase price was credited to the seller's account.
The seller may, at its own discretion, taking into account previous orders or current purchases, provide the buyer with a one-time, repeated or permanent discount for all further purchases.
The promotional prices of the goods are valid until the date specified in the online store within the basic data of the given promotional goods.
The invoice issued by the seller will be sent to the buyer in electronic form (1). We send the invoice in written form (2) together with the goods only if the customer expressly requests it. The invoice serves as a tax document and also as a delivery note.
III. Ordering goods
The buyer's order is a draft purchase contract. By completing and sending the order placed through the online store, the buyer confirms that he accepts these terms and conditions and the order becomes binding.
The purchase contract is valid only if the conditions are met, that the ordered goods are available in the seller's warehouse or in the warehouse of suppliers cooperating with the seller, that the buyer has made a payment for the ordered goods and services according to the selected delivery method and provided that the data provided by the buyer in the order are valid and true. In the event of any uncertainty regarding the data provided in the order, the seller has the right to contact the buyer using the contact details provided by him.
After sending the order, the seller will send the buyer an informative "Confirmation of order registration" to the e-mail address provided by him. This information email informs the buyer that the seller has received his order and therefore does not yet constitute the conclusion of a purchase contract.
The purchase contract is concluded only upon delivery of the invoice, which the seller sends to the buyer to the email address provided by him after verifying the availability and delivery time of the requested goods. If the ordered goods are currently not in stock or the delivery time cannot be met, we will inform the buyer of this fact by telephone or e-mail. The seller reserves the right to cancel the order.
Based on the mutual agreement of both parties, an individual order can be agreed. An individual order concerns the purchase of goods, e.g. of an atypical color or size, a larger quantity of one or more types or goods that are not presented in the online store, etc. Interested parties can contact the seller regarding the agreement of delivery terms and the price of an individual order.
Information and data about the goods and their depiction on the website of the online store are for informational purposes only and are not binding.
IV. Delivery terms
The method of delivery is determined by the buyer when filling out the order. We provide the following methods of delivery (delivery) of goods:
- in person
- by delivery service (courier).
The delivery time within the territory of the Slovak Republic and the Czech Republic is from 24 hours to 30 days and depends on the type of goods ordered. If the seller does not currently have the ordered goods in stock, or it is not possible to meet the delivery time specified on the invoice, he will inform you of this fact by phone or e-mail and, if the buyer wishes, the seller will offer an alternative solution or, without delay, but no later than within 10 days, return the money to the account from which the buyer made the payment.
The delivery times of the carriers must be added to the seller's delivery time. Delivery by post usually takes 1 to 3 days, by delivery service on working days usually within 24 hours. However, the seller is not responsible for late delivery of the ordered goods caused by the delivery service, or by an incorrectly specified address of the buyer or the recipient designated by him. It is also not responsible for any non-delivery of goods that occurred due to the fault of the manufacturer (supplier) due to any restriction or cancellation of distribution rights or other unforeseen obstacles.
The delivery time of goods for orders outside the territory of the Slovak Republic and the Czech Republic also depends on the possibilities of the carriers used by the seller and the seller will therefore inform the buyer about the specific deadline for such delivery of goods by e-mail.
The buyer can be informed about the status of the order processing after registering in his customer account (clicking "Order tracking").
The content of each shipment (delivery) is (1) the ordered goods and (2) an invoice - if the buyer has expressly requested it (the invoice will be automatically sent to the buyer electronically as confirmation of the conclusion of the purchase contract).
The buyer undertakes to take over the ordered goods. In the event of non-acceptance of the goods or non-payment of the "purchase price" (price of the goods + delivery price), the goods remain with the delivery person for a maximum period of time stipulated by the delivery person's terms and conditions. This is usually 14 to 21 days. In the event of personal collection, the goods remain with the seller for a maximum period of 20 days from the e-mail invitation to the buyer to collect the ordered goods. The costs of repeated transport due to non-acceptance of the goods are borne by the buyer.
The prices for individual types of delivery (transport) depend on the prices and conditions provided to the seller by the delivery person, therefore they may change. For these reasons, they are not fixed in these General Terms and Conditions, but the buyer always has the opportunity to familiarize himself with the current prices on the website of the online store during the purchase process. In the event of personal collection, the seller does not charge for transport.
V. Order cancellation
The buyer may cancel his order no later than 48 hours after sending the order, by e-mail to the address: shop@damien.sk. In the request to cancel the order, the buyer is obliged to provide his contact details and order number. If the buyer has already paid the purchase price, the seller will refund the money no later than 7 days to the account from which the buyer paid or to the account that the buyer provides to the seller in writing (e.g. by e-mail). This period may be extended due to the bank's procedures for refunding money for card payments up to 14 days.
In the event that the buyer cancels his order after 48 hours from the date of sending the order, the seller is entitled to charge the buyer all costs caused by this action and the buyer is obliged to pay them.
The buyer is entitled to withdraw from the purchase contract even after the seller issues an invoice, if the agreed terms of delivery of the goods are not met.
VI. Warranty conditions, complaints and returns of goods
Despite the fact that the online store sells only quality products from carefully selected manufacturers, there may be a problem with the delivered product. If the buyer is not satisfied with the purchased goods, he has the right to withdraw from the contract (purchase) within 14 working days from the date of receipt of the goods. The buyer delivers the goods together with the invoice by post or in person to the seller's address at his own expense. The buyer may withdraw from the contract (purchase) only if the goods are returned complete and undamaged, in the original and undamaged packaging. The seller will refund the buyer's money within 15 days from the date of delivery of the returned goods to his account.
This applies based on the Mail Order Act No. 102/2014, Section 7, Paragraph 6, Letter c.
The purchased goods are subject to a 2-year warranty period, which begins on the date of receipt of the goods by the consumer. To exercise the warranty, it is necessary to submit an invoice ("Proof of Purchase" is retained by the buyer).
In the event of a complaint, the buyer will send the claimed goods to the seller. The seller does not accept shipments sent by the buyer at the seller's expense or on delivery.
The 30-day complaint period begins on the day of delivery of the claimed goods (the seller will confirm receipt of the shipment by e-mail), and the buyer will be informed about the method of handling it. In the case of a justified complaint - the seller will ensure that the defect in the product is removed at its own expense. If the defect cannot be removed, the seller, in agreement with the buyer, will apply one of the following options: replace the product with a new one (1), with another product (2) or provide a discount on the price (3), or refund the money to the buyer (4). The warranty excludes defects and damage to the product that have arisen from improper handling (e.g. dropping the product, ...), use (especially use contrary to the instructions for use or intended use, ...) or treatment of the product (especially self-help or unauthorized disassembly, repair or modification of the product, ...).
The buyer is obliged to check the shipment immediately upon delivery. In the event that the buyer finds that the shipment is visibly damaged or destroyed, he is obliged to notify the delivery person (post office or courier) of this fact without taking delivery of the shipment and immediately contact the seller by phone at shop@damien.sk. The seller is not responsible for damage to the shipment caused by the delivery person. Any later complaints about the content of the goods and physical damage to the goods will not be accepted.
VII. Protection of personal data and use of your account
Providing the buyer's personal data to the seller is voluntary. By registering in the online store or by completing and sending an order without registration, the buyer provides the seller with his personal data (name and surname, telephone number, e-mail address, permanent residence / delivery address including postal code). The seller needs to know this data in order to process the buyer's order in the accounting and invoicing system.
In accordance with the provisions of § 7 para. 1 of Act No. 428/2002 Coll. on the protection of personal data as amended, the buyer provides the seller with his consent to the processing and storage of the buyer's personal data, which are necessary for the seller's business activities, which will be processed in information systems for an indefinite period of time or until the seller removes these personal data from the online store database upon the buyer's telephone or written request. The seller will make the change based on the buyer's request no later than 30 days from its delivery or submission. All personal data that the buyer provides to the seller through the online store are protected from misuse by a third party and will not be provided to a third party, with the exception of those that are directly involved in the processing of the order, such as banks and the delivery person (carrier), and exclusively to the extent necessary for their activities to process the order (e.g. name, address, account number).
VIII. Prohibited Uses and Ownership and Reproduction Rights
The sale of a painting, printed reproduction, or printed photograph, however modified (the work), does not transfer any other rights of use, and no claims arise for the buyer. The work may be used for decorative purposes only. It is prohibited by any physical or electronic means, in particular, but not limited to:
- reproduction
- copying
- modification or derivation
- storing in any database
- distribution
- commercial use of the work, or part of it, as well as images published on our website.
In the event of a violation of any of these prohibitions, such proceedings will be resolved through legal proceedings.
The owner of the reproduction and user rights of all photographs (offered motifs) published on our website is Damien Company s.r.o.
The entire content of the website www.shop.damien.sk is the property of Damien Company s.r.o. and is protected by international copyright laws.
IX. Final and transitional provisions
These terms and conditions are valid in the wording and scope stated on the website of the online store on the day the electronic order is sent by the buyer.
The buyer declares that he has read these terms and conditions before completing the order and that he agrees with them. By sending the order, the buyer accepts all provisions of these terms and conditions without reservation.
The seller does not assume liability for damage caused by the operation or use of the product purchased in the online store, if this product was used in violation of the instructions and operating manual set by the manufacturer or supplier. It is also not responsible for damage caused by the operation or use of the product in conditions that are not suitable for the specified product (e.g. inappropriate temperature, humidity, chemical environment or mechanical environmental influences) or for damage caused by improper care of the product or its neglect.
The purchase contract according to these terms and conditions can be concluded in the Slovak language.
The seller reserves the right to change the wording of these terms and conditions.
These terms and conditions come into effect on March 6, 2025.