Terms and Conditions

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the company Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok, Company ID: 47 122 684, VAT ID: SK2023761234, registered in the Commercial Register of the District Court Bratislava 1, Section: Sro, Insert No.: 88852/B (hereinafter referred to as the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.jollyphonics.sk (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Online Store Interface”).

1.2. These Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent professional activity when ordering goods.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Any such deviating arrangements in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are drawn up in the Slovak language. The Purchase Agreement may be concluded in the Slovak language.

1.5. The Seller may amend or supplement the wording of these Terms and Conditions. However, this provision shall not affect legal relationships arising from individual Purchase Agreements concluded during the validity of the previous wording of the Terms and Conditions, nor the rights and obligations arising therefrom, including rights and obligations arising from a breach of such Purchase Agreements.

• User Account

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). By registering for a User Account, the Buyer expresses their consent to these Terms and Conditions. The Buyer may also order goods without registration, directly through the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever any change occurs. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access their User Account. By logging into the User Account, the Buyer expresses their consent to these Terms and Conditions.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer breaches their obligations arising from the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of the hardware and software equipment of third parties.

• Gift Vouchers and Discount Codes

3.1. Gift vouchers and discount codes entitle the Buyer to a discount on the purchase price of goods (in the case of a gift voucher also a discount on costs associated with delivery of goods), including value added tax. The Buyer may redeem the discount when concluding individual Purchase Agreements with the Seller by entering the code stated on the purchased gift voucher or discount code in the order (see Article 4.4 of these Terms and Conditions). These are electronic (virtual) gift vouchers and discount codes, each of which entitles the Buyer to a discount in a specified amount and may be limited by a certain period of validity. Additional conditions for the use of gift vouchers and/or discount codes may be governed by rules set out in the Online Store Interface.

3.2. If a gift voucher and/or discount code has a limited validity period, the Buyer is entitled to use the gift voucher or discount code only before its expiry. If a gift voucher and/or discount code is not used before its expiry date, the right to use it or the right to a discount on the purchase price of goods shall expire without compensation (payment of the discount in cash, as well as any other compensation for the unused value of the gift voucher and/or discount code, is excluded).

3.3. A gift voucher or discount code cannot be exchanged retrospectively for money.

3.4. A gift voucher may be used repeatedly until its full value is exhausted. A gift voucher may also be used to pay for (part of) the costs associated with delivery of goods.

A discount code may be used only once. The right to a discount arising from a discount code may be applied only as a discount on the purchase price of goods, not as a discount on costs associated with delivery of goods. The use of a discount code is conditional upon the purchase of goods for a certain minimum purchase price.

3.5. In the event that a gift voucher or discount code is used contrary to the conditions of its use, the Seller has the right to refuse such gift voucher and/or discount code and withdraw from the concluded Purchase Agreement.

• Conclusion of the Purchase Agreement

4.1. All presentation of goods placed in the Online Store Interface is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

4.2. The Online Store Interface contains information about goods, including the prices of individual goods. The prices of goods are stated including value added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the Online Store Interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.

4.3. The Online Store Interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods stated in the Online Store Interface applies only in cases where the goods are delivered within the territory of the Slovak Republic.

4.4. To order goods, the Buyer shall complete the order form in the Online Store Interface. The order form contains in particular information about:

4.4.1. the ordered goods, their quantity, colour and size (the Buyer “places” the ordered goods into the electronic shopping cart of the Online Store Interface),

4.4.2. the required method of delivery of the ordered goods and the method of payment for the goods,

4.4.3. information about the costs associated with delivery of goods (hereinafter collectively referred to as the “Order”).

4.5. Before sending the Order to the Seller, the Buyer is allowed to check and amend the data entered into the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “complete order” button and simultaneously confirms that they have become acquainted with and agree to these Terms and Conditions. The data stated in the Order are considered correct by the Seller. The Seller shall confirm receipt of the Order, or clarify it if necessary, to the Buyer without undue delay by email sent to the Buyer’s email address stated in the User Account or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).

4.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), to request additional clarification and/or confirmation of the Order from the Buyer (for example in writing or by telephone).

4.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer’s Electronic Address.

4.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with concluding the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer, and these costs do not differ from the basic rate.

• Price of Goods and Payment Terms

5.1. The Buyer may pay the price of goods and any costs associated with delivery of goods under the Purchase Agreement to the Seller by the following methods:

– cash on delivery at the place specified by the Buyer in the Order;

– cashless transfer to a bank account;

– cashless payment through a payment system;

5.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with delivery of goods.

5.3. The Seller does not require any deposit or other similar payment from the Buyer. This shall not affect the provisions of Article 5.6 of these Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.

5.4. In the event of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the event of cashless payment, the purchase price is payable within 5 working days from the conclusion of the Purchase Agreement; otherwise, the Order will be cancelled.

5.5. In the event of cashless payment, the Buyer is obliged to pay the purchase price of goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

5.6. The Seller is obliged to issue the Buyer a tax document – an invoice – regarding payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of goods and send it in electronic form to the Buyer’s Electronic Address.

5.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

• Withdrawal from the Purchase Agreement – Return of Goods

6.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase agreement for the supply of an audio or video recording or computer software if the original packaging has been broken.

6.2. Unless it is a case referred to in Article 6.1 or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement without giving any reason within fourteen (14) days from receipt of the goods, or within an extended period granted by the Seller, namely within thirty (30) days; where the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period stated in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to these Terms and Conditions, although this is not mandatory. The Buyer may send the notice of withdrawal from the Purchase Agreement, among other things, to the Seller’s business address (Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok) or to the Seller’s email address office@jollyphonics.sk.

6.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 6.2 of these Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be sent back to the Seller within thirty (30) days from the date of withdrawal from the contract to the address: Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok. The 30-day period shall be deemed complied with if the goods are dispatched within that period. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the direct costs of returning the goods to the Seller.

6.4. In the event of withdrawal from the contract pursuant to Article 6.2 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Buyer’s withdrawal from the Purchase Agreement, using the same method by which the Seller received them from the Buyer. If payment was made by cashless payment through a payment card, the Buyer confirms by accepting these Terms and Conditions that the Seller may return the funds by cashless transfer to the account linked to the relevant payment card. The Seller may also return the funds to the Buyer by cashless transfer to an account if the Buyer agrees to this (or requests it themselves, especially through the withdrawal form) and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

6.5. If the Buyer chose a method of delivery of goods other than the cheapest one offered by the Seller, the Seller shall return to the Buyer the costs of delivery of goods under the concluded Purchase Agreement in an amount corresponding to the cheapest offered method of delivery of goods (except personal collection).

6.6. The Buyer is liable only for any reduction in the value of goods resulting from handling the goods in a manner other than that necessary to become acquainted with the nature and characteristics of the goods, including their functionality. The Seller is entitled to unilaterally set off a claim for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.

6.7. If, after the conclusion of the Purchase Agreement, a circumstance arises due to which the ordered goods cannot be delivered (e.g. goods are damaged, out of stock, etc.), the Seller is entitled to withdraw from the Purchase Agreement. In such a case, the Seller shall return the purchase price to the Buyer within 14 days, by cashless transfer to the account designated by the Buyer.

6.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded under a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement concerning such gift loses its effect and the Buyer is obliged to return the provided gift together with the goods to the Seller.

6.9. In the case of payment by card, the funds will be returned to the account linked to the card.

• Transport and Delivery of Goods

7.1. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

7.2. If under the Purchase Agreement the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

7.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.

7.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized interference with the shipment, the Buyer does not have to accept the shipment from the carrier.

7.5. Further rights and obligations of the parties during transport of goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

• Rights Arising from Defective Performance

8.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

8.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:

8.2.1. the goods have the characteristics agreed by the parties, and if no agreement has been made, they have such characteristics as described by the Seller or manufacturer or as the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,

8.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of the same kind are usually used,

8.2.3. the goods correspond in quality or workmanship to the agreed sample or model if the quality or workmanship was determined according to the agreed sample or model,

8.2.4. the goods are in the appropriate quantity, colour and size, and

8.2.5. the goods comply with the requirements of legal regulations.

8.3. The provisions stated in Article 8.2 of these Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods.

8.4. If a defect becomes apparent within six months from receipt, the goods shall be deemed to have been defective already upon receipt. The Buyer is entitled to claim a right arising from a defect that occurs in consumer goods within twenty-four months from receipt. No warranty or liability for defects applies to a gift provided by the Seller with the purchase.

8.5. The Buyer shall exercise rights arising from defective performance with the Seller at the address of its premises jollyphonics.sk, Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok. The moment of claiming a complaint is deemed to be the moment when the goods were received by the central warehouse of Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok.

8.6. Further rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

• Other Rights and Obligations of the Contracting Parties

9.1. The Buyer acquires ownership of the goods upon full payment of the purchase price of the goods.

9.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

9.3. Extrajudicial handling of consumer complaints is ensured by the Seller via the email address office@jollyphonics.sk. Information on the handling of the Buyer’s complaint will be sent by the Seller to the Buyer’s email address.

9.4. The Seller is authorized to sell goods on the basis of a trade licence. Trade licensing supervision is performed within its competence by the relevant trade licensing office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Slovak Trade Inspection carries out, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

9.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code and is not entitled to demand the resumption of negotiations on the Purchase Agreement.

1. Protection of Personal Data

10.1. The protection of the personal data of the Buyer, who is a natural person, is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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 – GDPR).

10.2. The Buyer acknowledges that the Seller will process the following personal data of the Buyer also due to the concluded Purchase Agreement with the Buyer (or also due to negotiations on its conclusion and/or amendment) and/or for the purposes of maintaining the User Account on the basis of an agreement with the Buyer: first name and surname, residential address, identification number, tax identification number, email address, telephone number, or possibly other supplementary information such as delivery address, apartment number, apartment floor. The Seller will process the above personal data as the controller and the persons delivering the goods as processors. Personal data will be processed mainly by collecting, storing on information carriers, modifying or altering, searching, retaining, sorting or combining, blocking and deleting. These personal data will be processed for the duration of performance of the Purchase Agreement and after its performance until the expiry of limitation periods (i.e. usually for a period of three years from the performance of the Purchase Agreement), or for the duration of maintaining the Buyer’s User Account (i.e. until its cancellation by the Buyer).

10.3. The rules for the protection of the processing of personal data are contained here.

10.4. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their User Account, and in an Order placed via the Online Store Interface) and that they are obliged to inform the Seller without undue delay of any change in their personal data.

10.5. The Seller may entrust the processing of the Buyer’s personal data to a third party, namely a processor. Apart from persons delivering the goods, the Seller will not sell the personal data to third parties without the Buyer’s prior consent.

10.6. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

10.7. The Buyer confirms that the personal data provided are accurate and that they have been informed that the provision of personal data is voluntary.

10.8. When creating an Order, the Buyer may also give consent to the Seller to process personal data for marketing purposes, in particular for the sending of commercial offers and other marketing campaigns of the Seller. The consent will apply to personal data to the following extent: first name and surname, email address, telephone number. The Buyer’s personal data for marketing purposes will be processed until the withdrawal of the Buyer’s consent, but no longer than for a period of five years, unless such consent is renewed in the meantime. Personal data will be processed mainly by collecting, searching, using, selling (if the Buyer agrees thereto), storing, sorting or combining, blocking and deleting. Consent to the processing of personal data for marketing purposes is not a condition which in itself would prevent the conclusion of the Purchase Agreement.

10.9. The Seller informs the Buyer that the Buyer’s data may be listed in a register established pursuant to Section 20z of Act No. 634/1992 Coll. on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”).

1. Sending Commercial Offers and Storing Cookies

11.1. The Buyer acknowledges that the Seller may send to the Buyer’s email address information related to the Seller’s goods, services or business in the form of commercial offers. The Buyer may cancel the sending of commercial offers at any time in their User Account or through the link provided at the end of each commercial offer.

The Buyer acknowledges that the Seller uses cookies on its websites. The processing and use of cookies are governed by separate policies, which are contained here.

1. Delivery

12.1. Communication may be delivered to the Buyer at the Buyer’s email address.

1. Alternative Resolution of Consumer Disputes

13.1. The Seller hereby informs the Buyer that, pursuant to the Consumer Protection Act, the Buyer has the right to alternative dispute resolution for a dispute arising from a Purchase Agreement concluded with the Seller. A prerequisite for exercising the Buyer’s right to alternative dispute resolution is prior unsuccessful direct negotiations with the Seller.

13.2. If the Buyer wishes to exercise their right to alternative dispute resolution arising from the Purchase Agreement under Article 13.1 of these Terms and Conditions, they may submit a proposal to initiate alternative consumer dispute resolution to the Slovak Trade Inspection, which is the competent body for alternative consumer dispute resolution in the case of Purchase Agreements concluded between the Seller and the Buyer under the Consumer Protection Act. More information can be found on the website of the Slovak Trade Inspection at the URL address http://www.soi.sk/.

13.3. The Buyer may submit a proposal to initiate alternative consumer dispute resolution in writing or orally into the record, or electronically via the online form available on the Slovak Trade Inspection website (the form is available at https://www.soi.sk), signed with a qualified electronic signature or sent via the Buyer’s electronic mailbox from which the proposal is submitted. Provided that the proposal is confirmed or supplemented within 10 days in one of the ways stated in the first sentence, it may also be submitted by other technical means, in particular by fax or public data network without the use of a qualified electronic signature. It is necessary to attach to the proposal proof that the Buyer was unable to resolve the dispute directly with the Seller, as well as other written documents confirming the facts alleged by the Buyer, if available.

1. Final Provisions

14.1. If a relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

14.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

14.3. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

14.4. Contact details of the Seller: delivery address: jollyphonics.sk, Education Initiative, s.r.o., with its registered office at Kukučinova 4, 902 01 Pezinok, Slovakia; email address: office@jollyphonics.sk; telephone: +421 902 325 787.

Supervisory Authority:

SOI Inspectorate for the Trnava Region
Pekárska 23, 917 01 Trnava 1
Supervision Department

tel.: 033/321 25 27, 033/321 25 21

fax: 033/321 25 23

email: tt@soi.sk

Updated on 12 February 2018