Terms and Conditions

Mgr. Petra Boldog

freelance (artist)

 

These terms and conditions (hereinafter referred to as “T&Cs”) apply to the purchase of copyrighted works – products on the website https://www.petraboldog.com, operated by: Mgr. Petra Boldog, freelance (artist), VAT ID: 1129974912 (hereinafter referred to as the “Merchant” or “Author”), concluded through the e-commerce system. The Terms and Conditions are intended for all services related to the E-shop in question and, in particular, define the basic rights and obligations of the Author and the Buyer related to the ordering and delivery of the Product, as well as other conditions for using the E-shop and related services.

  1. General provisions
    1. For the purposes of the GTC, the term “Purchase Price” means the price listed on the E-shop for the relevant product, for which this Product is sold. The Author is entitled to unilaterally change the Purchase Price at any time. The price stated in the Order sent by the Buyer and confirmed by the Author in the order confirmation applies to the Buyer and their Order.
    2. For the purposes of the GTC, the term “E-shop” means the online store at the domain https://www.petraboldog.com
    3. For the purposes of the GTC, the term “Purchase Agreement” means a purchase agreement concluded between the Author and the Buyer under the terms and conditions set out in these GTC, on the basis of which the Author undertakes to deliver the Product to the Buyer under the agreed terms and conditions. These GTC form an integral part of the Purchase Agreement.
    4. For the purposes of the GTC, the term “Buyer” means an Entrepreneur or Consumer who, through the E-shop, enters into a business relationship with the Author by placing an Order and, by subsequently sending the order, confirms that they agree to these GTC and that they will also apply to all relationships between the Author and the Buyer when ordering the Product as well as in the event of any Product complaint.
    5. For the purposes of the GTC, the term “Order” means an action performed by the Buyer on the E-shop, which expresses the Buyer’s intention to purchase a Product from the Author through the E-shop.
    6. For the purposes of the GTC, the term “Civil Code” refers to Act No. 40/1964. Civil Code, as amended.
    7. For the purposes of the GTC, the term “Commercial Code” refers to Act No. 513/1991 Coll. Commercial Code, as amended.
    8. For the purposes of the GTC, the term “Entrepreneur” refers to a person registered in the relevant commercial register or a person registered in the trade register, operating on the basis of a trade license or on the basis of a license other than a trade license in accordance with special regulations, or a person who carries out agricultural production and is registered in accordance with special regulations. If the Buyer provides their ID number when placing an Order, they are considered an entrepreneur for the purposes of these GTC.
    9. For the purposes of the GTC, the term “Complaint Form” means a document that the Buyer can use to file a complaint about a defect in the Product. The Complaint Form can be requested via internal mail.
    10. For the purposes of the GTC, the term “Consumer” means a natural person who is considered a consumer within the meaning of applicable law, in particular a person who, when concluding and performing a consumer contract, does not act within the scope of their business or other entrepreneurial activity.
    11. The term “Product” refers to the Author’s original work offered through the E-shop. The Author may unilaterally supplement and modify the Product in the E-shop. The Author may change the products and services described on its website at any time without prior notice and does not guarantee the factual accuracy of their content.
    12. For the purposes of the GTC, the term “Consumer Protection Act” means Act No. 108/2024 Coll. on Consumer Protection, as amended.
    13. The contracting parties are jointly the Author and the Buyer.
    14. By concluding the Purchase Agreement, the Buyer expresses their agreement with these GTC and their annexes and undertakes to comply with them as part of the Purchase Agreement in question.

2. Ordering Products

  1. Products can only be ordered via the E-shop, except in cases where goods and services are delivered to the territory of European Union member states or other countries, which is carried out on the basis of prior consent and mutual written agreement on the price of postage and packaging and any other delivery conditions between the Contracting Parties.
  2. By confirming the Order and clicking on the “Order with obligation to pay” option, the Buyer sends the Order to the Author and at the same time expresses his/her (i) agreement with these GTC, confirms the correctness of the Order, the quantity of Products ordered, (ii) information and confirmation that they have read the terms and conditions for the processing of personal data within the meaning of these GTC (Appendix No. 1) and have consented to the processing of such data for delivery purposes, and agree to the final price stated in the Order. This information is displayed to the Buyer before the confirmation and submission of their Order. By placing an Order, the Buyer confirms that they are entitled to place the Order in question in accordance with the applicable laws of the Slovak Republic, that they are placing it freely, seriously, definitely, understandably, without coercion and without the use of unilaterally advantageous conditions of the Author, and that all the information provided by them is true.
  3. The purchase contract is concluded when the Buyer sends the Order and the Author accepts it. The Author shall confirm acceptance of the Order to the Buyer by sending a confirmation email to the email address provided by the Buyer, depending on the Author’s capacity, immediately after delivery of the Order to the Author.
  4. The Author shall not be liable for any errors in the transfer of data between the Buyer’s communication devices and the E-shop.

3. Price and payment terms

  1. The purchase price does not include VAT and is stated in euros, whereby the Author is not a VAT payer within the meaning of generally binding legal regulations of the Slovak Republic.
  2. The purchase price does not include postage, which will be charged to the Buyer separately according to the method of delivery to the place of delivery chosen by the Buyer.
  3. The purchase price for a product in the e-shop can only be paid (a) in advance by bank transfer to the Seller’s account in the amount of 100% of the purchase price, or (b) by credit card via the Stripe payment gateway. The Author will send the details necessary for payment by bank transfer to the Buyer’s email address together with confirmation of receipt of their Order. The Buyer shall pay the relevant amount resulting from the Order in advance to the Author’s bank account. Once this amount has been credited to the Author’s account, the Author shall arrange for the Order to be shipped via the selected delivery service; the invoice (tax document) shall be enclosed in the shipment (or sent electronically to the Buyer’s email address).
  4. The Buyer’s obligation to pay the Purchase Price is fulfilled when the entire amount is credited to the Author’s designated bank account.
    If, in the case of an Order, the Purchase Price for the given Order is not credited in full to the
  5. Author’s bank account within 5 (five) working days of receipt of the confirmation email about payment by the Author, the Order shall be automatically considered canceled, unless the Author specifies otherwise.
  6. Unless expressly agreed otherwise, the Buyer’s billing information cannot be changed after the Order has been sent.

4. Terms of delivery

  1. The Author delivers the Product to the Buyer via a courier/delivery service selected by the Author.
  2. The order will be sent to the Buyer within ten working days, unless otherwise stated in the Product description or within a longer period depending on the availability of the Products and the Author’s operational capabilities. The delivery period is calculated from the moment the 100% Purchase Price is credited to the Author’s account.
  3. The delivery time of the Order is determined by the usual delivery conditions of the relevant courier/transport company and may be longer depending on the destination (place of delivery of the Order).
  4. Upon delivery of the Order, the Author or its contractual partner providing delivery of the Order may request the presentation of identification (valid ID card or valid passport) in order to prevent any damage and to prevent the legalization of proceeds from criminal activity. If the Buyer is a legal entity, the Order will only be issued to its statutory body or a person who presents a power of attorney. Without presenting one of the above documents, the Author or its contractual partner may refuse to issue the Order to the Buyer.
  5. If the Buyer does not accept the shipment and the shipment is returned to the Author, the Order will be sent to the Buyer again only if the Buyer requests it and pays the postage and packaging costs in advance by bank transfer, including the costs of transport for the delivery of both the original and new shipments, unless the Contracting Parties agree otherwise.
  6. The order is delivered, packaged, and secured in the standard manner. It is therefore necessary for the Buyer to check the completeness of the shipment immediately upon receipt. In case of discrepancies with what was ordered, the Buyer shall contact the Author by internal mail. When accepting the Order, the Buyer is obliged to check its condition for possible damage and must not accept the delivered shipment if it is visibly damaged at the time of delivery.
  7. If the shipment is damaged (even if the Buyer accepts it despite this fact), it is necessary to report the damage immediately to the delivery person and describe it as accurately as possible in the delivery report or other document that the delivery person has for this purpose. The Buyer is obliged to keep a copy of the document recording the damage to the shipment and, if necessary, to present it to the Author.
  8. The Buyer must immediately report an incomplete or damaged shipment, draw up a report on the incomplete or damaged shipment with the delivery person, and send it to the Author by e-mail or other available means. If the Buyer fails to comply with the established procedure, any subsequent complaint regarding the incompleteness/damage of the shipment will constitute grounds for the Author to object that this does not constitute a discrepancy with the Order and the relevant Purchase Agreement.
  9. The Buyer is fully responsible for the Order and therefore the risk of damage to the Product passes to the Buyer immediately upon receipt of the shipment in which the Product is stored.
  10. The Author reserves the right to offer the Buyer discounted prices as part of its promotions. The purchase price of the Product may be reduced in the form of a limited-time promotional price. The new purchase price of the Product will be displayed to the Buyer at the time of purchase. The promotional price may not be offered for every Product. The Author reserves the right to decide which Product will be offered at a promotional price. Promotional prices are valid only if the conditions applicable to the promotional price of the Product are met, either in the form of a reduction in the Purchase Price or through a discount code or a total discount on the entire purchase of the Product. All promotions are valid while stocks last, unless otherwise stated for a specific Product.
  11. The author is not responsible for:
a) delayed delivery of the Product caused by the delivery service/courier;
b) delayed delivery of the Product caused by the Buyer;
c) damage to the Product caused by the delivery service/courier;
d) damage to the Product caused by the Buyer.

5. Order Cancellation

  1. The Buyer has the right to cancel an Order that has not yet been processed and shipped by the Author free of charge. In such a case, the Buyer must immediately inform the Author of this fact via internal mail and provide the exact number of the relevant Order. If the price for the Product has already been paid in advance by the Buyer, the Buyer reserves the right to a refund by transfer to the Buyer’s relevant account within fifteen calendar days of the proper delivery of the email about the cancellation of the Order.
  2. In the event of cancellation of an Order already shipped by the Buyer, the Author reserves the right to charge the costs of the relevant transport and other demonstrable costs incurred. If the Purchase Price has already been paid, the Author has the right to offset these costs against the Purchase. Price already paid and then send the reduced Purchase Price to the Buyer’s account. The Purchase Price reduced by the proven costs incurred will be refunded to the Buyer’s account only after the cancelled Product has been delivered to the Author’s address.
  3. The Author reserves the right to cancel the Buyer’s Order, especially if it is unable to deliver the Product due to (i) it being sold out, (ii) the Order not being able to be confirmed (incorrect phone number, unavailable, not responding to emails, etc.), (ii) if the Buyer has failed to accept an Order in the past or has otherwise violated the GTC (e.g., failure to pay the Purchase Price, speculative return of a used Product, speculative refusal to pay for a service provided, etc.), (iii) the Product is no longer manufactured or supplied, or the Purchase Price of the Product has changed significantly, or (iv) due to an extraordinary situation, it is impossible or significantly difficult for the Author to fulfill the Order. The Author shall immediately inform the Buyer of the cancellation of the Order. If the Buyer has paid the Purchase Price, the Author shall return these funds to the Buyer within 15 (fifteen) calendar days to the account from which the Buyer paid, unless expressly agreed otherwise.

6. Rights and obligations of the Contracting Parties

  1. The Buyer acquires ownership of the Product only after proper payment of the entire Purchase Price of the Order to the Author or the relevant delivery service.
  2. The risk of damage to the Product passes to the Buyer at the time when they take delivery of the Product from the designated delivery service, or if they fail to do so in a timely manner, at the time when the Author allows them to dispose of the Product and the Buyer fails to take delivery of the Product.
  3. The Buyer is obliged in particular to:
    – accept the Order;
    – pay the agreed remuneration for the Order to the Author;
    – check the integrity of the packaging and the Product itself upon receipt.
  4. The Seller is obliged in particular to:
    – deliver the Product to the Buyer in the required quality, quantity and at the agreed Purchase Price;
    – send the Buyer all necessary documents related to the Order, such as an invoice, together with the Product or separately.

7. Complaints regarding Product defects

  1. Complaints regarding Product defects are governed by the relevant provisions of generally binding legal regulations, in particular the Civil Code, the Commercial Code, and the Consumer Protection Act.
  2. The complaint form can be found on the E-shop website or is available upon request by internal mail from the Author.

8. Withdrawal from the Purchase Agreement

  1. The Contracting Parties acknowledge that the Consumer does not have the right to withdraw from the Purchase Agreement pursuant to Section 19(1) of the Consumer Protection Act without giving a reason, as the Product is goods manufactured according to the Consumer’s specifications or custom-made goods pursuant to Section 19(1)(c) of the Consumer Protection Act, without prejudice to the Contracting Parties’ right to withdraw from the Purchase Agreement in the event of a material breach of the Purchase Agreement under other generally binding legal regulations or the right to claim defects in the Product.
  2. In the event of the Buyer’s withdrawal from the Purchase Agreement, the Buyer is obliged to send a written withdrawal to the Author’s registered office, and in the event of the Author’s withdrawal from the Purchase Agreement, the Author is obliged to send a written withdrawal to the Author’s registered office.

9. Privacy Policy 

  1. For the purposes of using and ordering the Author’s Products, the Buyer acknowledges the processing of their personal data and other data in accordance with the Rules for the Processing of Personal Data, which form an appendix to these GTC. For more information, please contact the Author via internal mail.

10. Alternative dispute resolution and supervisory authority

  1. The consumer has the right to file a motion for alternative dispute resolution pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution in Consumer Matters and on Amendments to Certain Acts, as amended. The consumer has the right to contact the Author with a request for redress if they are not satisfied with the way in which the Author has handled their complaint or if they believe that their rights have been violated. The consumer has the right to file a proposal for alternative dispute resolution with an alternative dispute resolution entity if the Author has responded negatively to their request in accordance with the previous sentence or has not responded to it within 30 (in words: thirty) days from the date of its submission.
  2. A list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1
  3. The supervisory authority is the Slovak Trade Inspection Authority, SOI Inspectorate for the Bratislava Region, with its registered office at Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava.

11. Final provisions

  1. By submitting an Order, the Buyer expresses their explicit consent to the wording of these GTC and their annexes and undertakes to comply with them as part of the Purchase Agreement.
  2. The Buyer undertakes to respect all provisions of Act No. 185/2015 Coll. Copyright Act (hereinafter referred to as the “Copyright Act”) on the copying, reproduction and distribution of the Author’s copyrighted works in any form.
  3. Legal relations and conditions not regulated in these GTC are governed by the relevant provisions of the Civil Code, the Copyright Act, the Consumer Protection Act, and the Commercial Code. If any provision of these GTC becomes or is declared invalid or ineffective, this shall not affect the validity or effectiveness of the other provisions of these GTC.
  4. Products are sold based on the image or description provided on the Author’s E-shop website. Individual images of Products are for illustrative purposes only. If there are differences between the images and the delivered Product, these are not grounds for withdrawal from the Purchase Agreement by the Buyer, provided that the Author delivers the ordered Product to the Buyer in accordance with the relevant Order.
  5. The color shades of the delivered Product, which is sold on the basis of the image shown on the Author’s E-shop website, may differ in part from the color shade sample shown on the E-shop website. The color shades of individual Products shown on the E-shop website serve only as a sample and are not binding as the final shade of the actual delivered Product. If there are differences between the color samples and the delivered Product, these are not grounds for withdrawal from the Purchase Agreement by the Buyer, provided that the Author delivers the ordered Product to the Buyer in accordance with the relevant Order.
  6. Unless otherwise specified by the laws of the Slovak Republic, the Author is entitled to unilaterally supplement and amend the provisions of these GTC at any time, with such amendments taking effect upon publication of the new wording on the E-shop.
  7. These GTC and the rights and obligations of the Contracting Parties arising therefrom are governed exclusively by the laws of the Slovak Republic.
  8. You can request a Contract Withdrawal Form and further information regarding complaints via internal mail.
  9. These General Terms and Conditions shall enter into force and effect on 01.07.2025.