TERMS & CONDITIONS
These Terms and Conditions regulate the rights and obligations between:
bearhome.eu operated by Eliška Svobodová
headquarters in: Nová Polianka 22073, Vysoké Tatry 05983
Tel: +420 732745605
Bank account for payments:
IBAN: SK70 8330 0000 0026 0185 3307
(hereinafter the “seller”) and the customer for the sale of products through an online store located at an internet address.
1.1.These Terms and Conditions regulate the mutual rights and obligations of the contracting parties arising from the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another person (hereinafter "customer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.bearhome.eu (hereinafter referred to as the “website”).
1.2 By accessing this website or by purchasing any of my goods, you engage in my Service and agree to be bound by the following Terms and Conditions, which applies to all users of this website, including and without limitation users who are customers, merchants, vendors, and/ or contributors of content.
Before using or ordering any products from my website, please read these Terms and Conditions carefully and make sure you understand them.
Please note that you will be asked to agree to these Terms and Conditions before placing an order. If you do not agree to all the terms and conditions of this agreement, you will not be able to order any products from my website. You could print a copy of these terms or save it to your computer for future reference.
1.3 The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are written in English language.
1.4 Sometimes I may revise the Terms and Conditions. Every time you want to order a product, please review their most recent version on this page.
I reserve the rights to update or change any part of these terms and conditions by posting updates and/or changes on my website. You are responsible for regularly reviewing changes on this page. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6 Age Restrictions – the Use of my Website is under applicable legislation applying in the country where the Customer lives or the country where the customer uses this website. If you are a customer, you need to keep in mind that only users who are at least 18 years old can purchase products from my website and may accept these Terms and Conditions. If you do not meet these age requirements, the law does not allows me to provide these products to you. If you are underage, please do not try to order these products through my website.
1.7 Order refuse – I reserve the right to decline any order or to limit quantities purchased by the customer. These restrictions may include orders, placed by the same customer account or orders using the same billing and/or shipping address. If I change or cancel an order, I may try to notify you by contacting the email address or phone number provided when you placed the order. I reserve the right to restrict or prohibit documents by judge orders, placed by distributors or resellers.
1.8 The prices of my products are subject to change without notice. I reserve the right to modify or terminate this service at any time without notice.
1.9 Although I have made all the efforts to display colours and images of the products, appearing in the store as accurately as possible, I cannot guarantee that the colours displayed on your computer can accurately reflect the colours of the product. Your product may differ slightly from these images. I try to get the correct product description, price and specifications, but the specifications may change, if necessary. I reserve the right to remove any product at any time without notice.
1.10 Some content, products or services, available through my service may include materials from third parties. Third-party links on this website may direct you to third-party websites not related to me. I am not responsible for checking or evaluating its content or accuracy, and I am not responsible for any third-party websites or any other materials, products or services of third parties. I am not responsible for any damage, related to the purchase or use of goods, services, resources, content or any other transactions related to any third-party website. Before conducting any transactions, please carefully check the policies and practices of third parties and ensure that you understand them. Complaints, claims, concerns or questions, regarding third-party products, should be directed to the third-party.
1.12 If, according to my requirements or in the absence of my request, you have sent suggestions, ideas, proposals (hereinafter collectively referred to as "comments"), you agree that I may distribute, translate, edit, copy, publish, and otherwise use any comments you forward to me at any time and without limitation. I am under no obligation to keep any comments, give compensation for any comments; or respond to any comments. You agree that your comments will not infringe any rights of any third party including trademark, privacy, personality, copyright or other personal or proprietary rights. You agree that your comments will not contain any defamatory or other illegal, insulting or obscene materials, nor it will contain any computer viruses or other malicious software that may affect the operation of this service or any related websites in any way. You may not use a fake email address to pretend to be someone other than yourself, or otherwise mislead me or a third-party source of comments. You are solely responsible for any comments you made and their accuracy. I have no responsibility for any comments made by you or any third party.
1.13 Sometimes, the information on my website may contain inaccuracies or errors, related to product prices, descriptions, promotions, offers, product shipping costs, shipping time and availability. If any information, connected to this service or another website is inaccurate, I reserve the right to correct it and to update or cancel any order without prior notice (including after you submit the order).
1.14 In addition to the other prohibitions specified in the Terms and Conditions, you are also prohibited from using the website or its content: (a) for any illegal purpose; (b) to violate any international, Federal, provincial or state regulations, rules, laws or local regulations; (c) to induce others to engage in or participate in any illegal act; violate any international, Federal, provincial or state regulations, rules, laws or local regulations; (d) to harass, abuse, insult, harm, defamation, derogation, intimidation or discrimination based on sex, sexual orientation, religion, race, age, nationality or disability; (e) Infringe or infringe my intellectual property rights or the intellectual property rights of others; (f) Submit false or misleading information; (g) Collect or track the personal information of others; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (i) Spread spam, phishing, damage, excuses, spiders, crawling or scraping; (j) For any obscene or unethical purpose; (k) Interference or circumvent the security features of the service or any related websites, or the Internet. I reserve the right to terminate your use of the service for violation of any prohibited use.
1.15 You agree that when I cancel or limit the service I do it without notice. The service and all products delivered to you are provided "as is" and "available" for your use without any express or any form of statement, warranty or condition. Includes all implied marketability guarantees or conditions, marketability quality, suitability for specific purposes, durability, ownership and conditions of non-infringement.
In no case, bearhome.eu, my directors, agents, contractors, managers, branches, interns, suppliers, service providers or licensors shall not be responsible for any harm or loss arising from your use of any of the service or any products procured using my service. This applies for example to any direct, indirect, special, consequential, incidental or punitive damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise in any other claims related to your use of the service or any product, including but not limited to any errors or omissions of any content, or any form of loss or damage to the service or the release or transmission of the service through the use of this product or any content and product, provided in other ways, even if it has been told that it is possible. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and losses, in these states or jurisdictions, our liability should be limited to the maximum extent permitted by law.
1.16 You agree to hold harmless bearhome.eu (and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) from any claim or demand, including reasonable attorney fees made by any third party arising from you for breach of these Terms and Conditions or the documents they incorporated by reference or your violation of any law or the rights of a third-party.
1.17 In case that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
1.18 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are valid unless and until terminated by either you or us. At any time you may terminate these Terms and Conditions by notifying me that you no longer wish to use our Services, or when you cease using my site. If I unilaterally assess that you have failed to comply with any of these Terms and Conditions or I suspect that you have failed to comply with any of Terms and Conditions, I may also terminate this agreement at any time without notification, you will still be responsible for all amounts due up to and including the date of termination; and/or accordingly I may deny your access to our Services.
1.19 The failure of me to manifest or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether verbal or written, between you and me (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
1.20 These Terms and Conditions and any separate agreements whereby I provide you Services shall be governed and construed in accordance with the laws of Slovakia.
2. USER ACCOUNT
2.1 The customer can access user account, based on the registration, made at the website. The customer can order goods from the user account. If the web interface of the store allows it, the customer can also order goods without registration directly from the store.
2.2 It is the customer's responsibility to ensure that the information provided (e.g. email, name and address) is correct and up-to-date. You agree to update your account and other personal data, including your email address, credit card number and expiration date, so that I can complete your transaction and contact you if necessary. The data provided by the customer in the user account and when ordering goods are considered as correct by the seller.
2.3 The access to the user account is secured by username and password. The customer is obliged to maintain confidentiality regarding the information necessary to access his/hers user account.
2.4 The seller may cancel an user account, especially if the customer does not use his/hers user account for more than an year, or if the customer violates his/hers obligations under the purchase agreement (including the terms and conditions).
2.5 The Customer acknowledges that the user account may not be available ceaselessly, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller.
3.1 The materials on this website only provide general information, and should not be used as the sole or sole basis for decision-making without consulting the main, more complete or more timely information resources. Any reliance on materials on this website is at your own risk. If the information provided on this website is inaccurate, incomplete or not up-to-date, I am not responsible for it. This site may contain certain historical information. The historical information is not necessarily up-to-date and is for reference only. I reserve the right to modify the content of this website at any time, but I have no obligation to update any information on this website.
3.2 Contract or purchase agreement is concluded between you and me when the Customer has placed an order at bearhome.eu, and the Customer has received an order confirmation from bearhome.eu via e-mail.
My shopping page will guide you through the steps to place an order with me. The order form contains in particular information about: a) the ordered goods (the customer "inserts" the ordered goods into the electronic shopping cart of the store); b) a way of payment of the purchase price of the goods; c) information about the required delivery of the ordered goods and d) information for the costs, associated with the delivery of goods (hereinafter collectively referred to as "order").
3.3 My order process allows you to check and correct any errors before submitting an order to me. The customer sends the order to the seller by clicking on the "Send order" button. After placing the order, you will receive an email from me, confirming that I have received your order. I will accept your order when I e-mail you with confirmation that the Product have been dispatched. The contract between us is only formed after I send you a dispatch confirmation. Bearhome.eu encourages the customers to save the order confirmation in order to contact my customer service in the future.
3.4 The customer can cancel the order before it has been confirmed by bearhome.eu. If the order is canceled, bearhome.eu will refund any payment made by the customer for the products. If the customer wants to cancel the order after bearhome.eu confirms the order, customer can send an email to email@example.com as soon as possible after confirming the order and/or call to phone +420 732 745 605. If an order has been sent, it will be processed as a return (as described in Section 6).
If I cannot provide you with a product, for example because the product is out of stock, I will notify you by email, and will not process the part of your order which deals with the Product. If you have already paid for the product, I will refund the full price of the product. If only part of the order is available, I will only dispatch stock items and cancel out-of-stock items.
3.5 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the customer for additional confirmation of the order (e.g. by writing or by telephone).
3.6 The customer agrees to the use of means of distance communication when concluding the purchase contract. The costs in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be covered by the customer.
4. PRICES OF PRODUCTS AND PAYMENT
4.1 The prices of the products will be as quoted on my website when you submit the order. I will take all reasonable precautions to ensure that when entering relevant information on the system, the price of the product is correct. The price of my product may change from time to time, but changes will not affect any order you have already placed. So the prices stated on the website apply to orders on the website. All prices include VAT (shipping within the EU).
4.2 The price of a Product does not include delivery charges. My delivery charges are as advised to you during the check-out process, before you confirm your order. When customers submit their address information, shipping costs and total costs will be displayed. bearhome.eu processes all orders in Euro.
4.3 The Customer has several options to pay for their purchase and all purchases are encrypted and processed according to the highest security standard. bearhome.eu is entitled to charge the Customer already when the order has been confirmed.
The customer may pay the seller in the following ways: a) in cash on delivery at the place specified by the customer in the order; b) PayPal – account or credit/debit card; c) bank wire transfer to the seller's account:
IBAN: SK70 8330 0000 0026 0185 3307
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract. In the case of non-cash payment, the customer is obliged to pay the purchase price of the goods together with the variable payment fees. In the case of non-cash payment, the customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.5 If this is customary in business relations or if it is stipulated by generally binding legal regulations on the basis of a purchase contract seller make tax document – an invoice to the customer. The seller is a payer of value added tax. The tax document – invoice – will be issued to the customer after payment of the price of the goods and will be sent to the one with the goods or in electronic form to the customer’s email address.
5. SHIPPING AND DELIVERY
5.1 If, according to the purchase contract, the seller is obliged to deliver the goods to the place, specified by the customer in the order, the customer is obliged to take over the goods upon delivery.
5.2 When there is a situation that for reasons on the customer’s part it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with repeated delivery of goods or with another method of delivery.
5.3 Depending on its availability and the supplier's operational capabilities, the ordered products will be delivered as soon as possible. The Customer’s order usually leaves within 2-5 working days from the binding confirmation of the order, and will be delivered to the customer by registered mail. The time period for the shipping company to send the package to the customer may vary depending on which country the package should be sent to. The customer is informed by e-mail that the seller has handed over the consignment to the carrier.
5.4 In the event that the ordered product will not be in stock for a long time or it will not be possible to deliver them to the carrier within the agreed period, the seller has the right to withdraw from the purchase contract. If part or all of the order has been paid, the customer's money will be returned to the account no later than 14 days after mutual agreement.
5.5 Upon receipt of the products from the carrier, the customer is obliged to check the integrity of the packaging of the products. If the Customer discovers that the shipment is damaged in transport, either on the product or on the packaging, I ask the Customer to notify the shipping company.
In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the customer does not have to take over the shipment from the carrier. After that, the Customer have to report the damage to my customer service at firstname.lastname@example.org with attached related pictures. The visible damage is best reported to me on the same day as the delivery. Hidden damage should be reported to me within five (5) working days of receipt.
Therefore, it is important that the customer unpack and thoroughly inspect the product as soon as possible after delivery. Any complaints about transportation must be submitted within a maximum of two working days after delivery.
6. RETURNS, WITHDRAWAL & EXCHANGE
6.1 The customer has the right to withdraw from the purchase contract within fourteen (14) days after receiving the product. This means that the customer has the right to cancel the purchase within 14 days (withdrawal period) after the customer or his representative receives the ordered product.
If the customer wishes to withdraw from the contract, he/she notify bearhome.eu by email and states in writing form that he/she withdraws from the contract. The Customer shall provide their name, address and other relevant information, e.g. order number, the name of the product in the message, date of purchase and account number to return the purchase price. Withdrawal from the purchase contract can be sent by the customer to the address of the seller's registered office: Nová Polianka 22073, Vysoké Tatry 05983 or to the seller's e-mail address: email@example.com.
6.2 If the Customer uses the right of withdrawal, the Customer shall be responsible for the condition of the product during the return transportation. The product shall be returned to the seller within fourteen (14) days from the date when bearhome.eu was notified of the withdrawal to the delivery address: Nová Polianka 22073, Vysoké Tatry 05983. The product shall be sent in its original condition, well packaged. The customer is responsible for the transportation risks and transportation costs of the returned products. Please note that returns must be sent by traceable shipment.
6.3 Once the return arrives at bearhome.eu warehouse and is processed, the seller will make a refund to the customer. Shipping costs are non-refundable.
6.4 The customer acknowledges that if the product returned by the customer is damaged or worn, the seller has the right to demand compensation from the customer for damage caused to it. The seller has the right to unilaterally offset the damages caused to the product, and the customer has the right to request the buyer to refund the purchase price.
6.5 If a gift is provided to the customer together with the product, the gift contract between the seller and the customer is concluded with the untying condition that if the customer withdraws from the purchase contract, the gift contract for such a gift loses effect and the customer is obliged to return the provided gift together with the product to the seller.
6.6 If the Costumer wants to do an exchange of the product, it is processed as a return, i.e the customer sends the product back to bearhome.eu warehouse as set forth in 6.1. The Customer can then make a new order. bearhome.eu can not offer the right of return or exchange of custom/personalised made orders.
7. WARRANTY AND COMPLAINTS
7.1 The rights and obligations of the contracting parties arising from defective products are subject to customer protection laws. The customer must complain about the defective product within a reasonable time after finding the defect. If a complaint is filed within two (2) months after the defect is discovered, the complaint is always filed on the due date. After three (3) years, if there is no other statement, the customer loses the right to file a complaint.
7.2 Any Customer who wishes to assert their right to file a complaint for any product ordered, shall contact bearhome.eu, as soon as possible after discovering the defect, via email to firstname.lastname@example.org or by phone: 00420732745605
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The customer acquires ownership of the products by paying the full purchase price of the products.
8.2 In the event of a dispute between the customer and the seller which is based on a purchase contract that cannot be resolved by mutual agreement, the customer may file a proposal for out-of-court settlement of this dispute for out-of-court settlement of the dispute – settlement of consumer disputes.
8.3 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Slovakian law. This does not affect the consumer's rights arising from generally binding legal regulations.
8.4 The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
9. FORCE MAJEURE
If the performance of the agreement is blocked or delayed due to any circumstances beyond my control, bearhome.eu will not be harmed. Extreme weather, wars, fires, floods, new regulations, lack of permits, labor market turmoil, technical problems, sabotage activities, adverse transportation, and delays in sub-supplier services due to the above. If the situation continues for more than six weeks, both Customer and bearhome.eu have the right to cancel the purchase immediately.
10. CHANGES TO THE TERMS OF SERVICE
bearhome.eu may change the Terms and Conditions from time to time. After making these changes, bearhome.eu will provide a new copy of the Terms and Conditions on its website. After making any changes to the Terms and Conditions, your continued use of my site means that you accept the changes
11. CONTACT INFORMATION
Communication between the Customer and bearhome.eu, occurs via phone or e-mail, or by ordinary mail:
Address: Eliška Svobodová, Nová Polianka 22073, Vysoké Tatry 05983
Phone: +420 732745605