Terms & conditions

Of the online shop www.fashionspy.sk

I. Introductory provisions and definitions

  1. These General Terms and Conditions (hereinafter also “T&C”) govern the legal relations between the company

Business name: CHILLI CONTENT, s.r.o.

Registered office: Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic

company registered in the register of the Municipal Court Bratislava III, Section Sro, Insert No. 47351/B

Company ID (IČO): 36 816 825

Tax ID (DIČ): 2022427473

VAT ID (IČ DPH): SK2022427473

Bank account: SK45 0900 0000 0006 3168 7152

(hereinafter also the “Seller”) and any person who is the Buyer of goods or services offered by the Seller on the Seller’s Website, and who acts in the position of a consumer within the meaning of the further provisions of these T&C and the relevant acts defining a consumer, under the valid legislation of the Slovak Republic, in particular the following acts: Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended (hereinafter the “Consumer Protection Act”), Act No. 22/2004 Coll. on Electronic Commerce, as amended, Act No. 40/1964 Coll. the Civil Code, as amended.

2. The e-mail and telephone contact for the Seller is:

Email: obchod@fashionspy.sk

The address for sending written documents, complaints, withdrawals from contracts, etc. is:

CHILLI CONTENT, s.r.o., Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic

 

3. These T&C govern the legal relations between the Buyer, who is a consumer, and the Seller.

4. The term Online Shop is identical to the term E-shop and the term Website.

5. A Buyer is any person (natural person or legal entity) who has sent an order through the electronic order form on the Seller’s website, or by other distance communication means.

6. A consumer is a Buyer who is a natural person and who, when concluding a purchase contract through the Seller’s Website, does not act within the scope of their business activity.

7. Contractual relations (as well as other legal relations that may arise from a contractual relationship) with Buyers who act in the position of legal entities, or with natural persons – entrepreneurs acting within the scope of their business activity (Buyers who do not act in the position of a consumer) are governed by the provisions of Act No. 513/1991 Coll. the Commercial Code, as amended.

8, A distance contract means, for the purposes of these T&C, a contract between the Seller and a consumer agreed and concluded exclusively by means of one or more distance communication means without the simultaneous physical presence of the Seller and the consumer, in particular by using the website or other distance communication means (hereinafter also the “contract”).

9. The term purchase contract includes a distance purchase contract, a contract for the provision of a service and a contract for the provision of electronic content not supplied on a tangible medium.

10. Products are goods and services that are intended for sale and are at the same time published on the Seller’s Website (hereinafter the “goods”).

11. The term goods also includes electronic content not supplied on a tangible medium.

12. The Seller is at the same time the operator of the electronic system through which it operates the website on the domain named www.fashionspy.sk

 

II. Ordering a product –  conclusion of the purchase contract

  1. The purchase contract is concluded and the electronic content is made available at the moment the Buyer pays for the order.
  2. The purchase contract is concluded for a definite period and expires in particular upon fulfilment of all obligations of the Seller and the Buyer.
  3. The purchase contract may also expire in other cases defined by the legal order of the Slovak Republic, in particular by agreement of the contracting parties, by withdrawal from the contract by the consumer, or by non-payment of the price of the order within the due date.
  4. The Seller informs the Buyer that, where the Buyer orders products, the order is connected with an obligation of the Buyer to pay, by the form of payment chosen by the Buyer.
  5. After the form for entering contact, billing and delivery details is displayed, the Buyer fills in this form. In the form, the Buyer fills in all the details marked as mandatory and is also entitled to fill in other optional details. The Buyer shall fill in all the details entered in the form completely, correctly, truthfully and up to date, for which the Buyer is fully responsible.
  6. The details given in the order for goods are considered by the Seller to be complete, correct, truthful and up to date, and the Buyer is fully responsible for them.
  7. After the order is delivered to the Seller, a confirmation e-mail regarding the registration of the order by the Seller will be sent to the Buyer at the e-mail address provided by them.
  8. The purchase contract between the Buyer and the Seller, the subject of which is the given order, is concluded at the moment the confirmation e-mail is delivered to the Buyer. In case of doubt about the delivery of the confirmation e-mail, or until the moment of its delivery, the day on which the confirmation e-mail was sent to the Buyer shall be considered the moment of conclusion of the purchase contract.
  9. The Seller may modify orders until the moment the order of goods is dispatched.
  10. The Buyer acquires ownership of the ordered goods upon taking delivery of them and paying the purchase price of the ordered goods in full. The risk of damage to the ordered goods passes from the Seller to the Buyer at the moment the Buyer takes delivery of the goods.
  11. The Buyer is obliged to take delivery of the goods that are delivered to them on the basis of their order of goods, which has not been cancelled by the Buyer or rejected by the Seller.

 

III. Purchase price and payment terms

  1. The price of goods and services ordered through the Seller’s Website (hereinafter the “purchase price”) is stated separately for each product and is valid at the moment the order is created by the Buyer.
  2. The basic currency is the euro.
  3. The purchase price of goods or services listed on the Seller’s Website is the total price of the goods or services including all taxes, and it is clearly stated on the Seller’s Website. The purchase price of goods or services does not include transport costs or other costs related to the delivery of the products. The Seller is a VAT payer.

 

IV. Payment methods

  1. The Buyer may pay for goods and services on the Seller’s Website in the following ways:

     1.1 online payment via the Gloogle Pay payment gateway;

     1.2 payment by Mastercard and Visa debit and credit cards;

     1.3 advance payment by bank transfer;

     1.4 online payment via the Benefit Plus payment gateway.

 

V. Delivery of products

  1. The Seller is obliged to fulfil the order and deliver the goods or services to the Buyer within 30 days at the latest from the day the purchase contract is concluded within the meaning of Art. II of these T&C. The usual period within which the Seller fulfils the order is immediately after the Buyer has made payment.
  2. The Seller is obliged to deliver the products to the Buyer in the ordered quantity and quality together with the tax documents relating to the order, and other documents, if they exist and are typical for the given goods or services.
  3. Methods of delivery and the price for delivery of the ordered products:

     3.1 pick-up point in a parcel locker – Packeta Z-box – delivery costs of EUR 3.50;

     3.2 by courier of the company Packeta – delivery costs of EUR 4.00.

 

VI. Withdrawal from the contract 

  1. The consumer is entitled to withdraw from the contract without giving a reason within 14 calendar days from the day of taking delivery of the goods. 
  2. The consumer is also entitled to withdraw from the contract without giving a reason within 14 days from the day of:

         a, the consumer taking delivery of the goods;

         b, conclusion of a contract for the provision of a service, or

         c, conclusion of a contract for the provision of electronic content not supplied on a tangible medium.

 

3. The goods are considered to have been taken delivery of by the consumer at the moment when the consumer or a third party designated by them,   other than the carrier, takes delivery of all parts of the ordered goods, or if

a, goods ordered by the consumer in one order are delivered separately, at the moment of taking delivery of the goods that were delivered last;

b, goods consisting of several parts or pieces are delivered, at the moment of taking delivery of the last part or the last piece;

c, goods are delivered repeatedly during a defined period, at the moment of taking delivery of the first delivered goods.

 

4. The consumer may withdraw from a contract the subject of which is the delivery of goods even before the period for withdrawal from the contract begins to run.

5. The consumer is obliged, no later than 14 days from the day of withdrawal from the contract, to send the goods back or hand them over to the Seller or to a person authorised by the Seller to take delivery of the goods. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by them. The period under the first sentence is considered observed if the goods were handed over for transport no later than on the last day of the period. 

6. If the consumer wishes to exercise this right, they are obliged to notify the Seller of the withdrawal from the purchase contract no later than on the last day of the specified period. The period for withdrawal from the contract is considered observed if the notice of withdrawal from the contract was sent to the Seller’s address no later than on the last day of the period.

7. The consumer may exercise the right of withdrawal from the contract in written form or in the form of a record on another durable medium, and if the contract was concluded orally, any clearly worded statement of the consumer expressing the consumer’s will to withdraw from the contract is sufficient to exercise the consumer’s right of withdrawal. Withdrawal from the contract may also be exercised by means of the Withdrawal Form, which is made available on the Seller’s website.

8. By withdrawal from the contract, the contracting parties are obliged to return to each other the performance provided. The consumer is liable only for a reduction in the value of the goods that arose as a result of handling the goods in a way that goes beyond the handling necessary to establish the nature and functioning of the goods. 

9. If the consumer withdraws from the contract, they bear the costs of returning the goods to the Seller, and if they withdraw from a distance contract, also the costs of returning goods which, due to their nature, cannot be returned by post.

10. The Seller is obliged, without undue delay, and no later than 14 days from the day of delivery of the notice of withdrawal from the contract, to return to the consumer all payments received from them on the basis of the purchase contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. In the event of withdrawal from the contract, the Seller is obliged to return the funds to the consumer in the same form in which they received them from the consumer. The form of refund of funds to the consumer may be changed only with the consumer’s consent.

11. The Seller is not obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller. Additional costs mean the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard method of delivery offered by the Seller.

12. Shipments sent in the event of withdrawal from the purchase contract as cash on delivery will not be accepted by the Seller. 

13. The right of withdrawal from the contract does not apply to a contract the subject of which is:

a, the provision of a service, if the service has been fully provided and the provision of the service began before the expiry of the period for withdrawal from the contract with the express consent of the consumer, and the consumer declared that they were duly informed that by giving consent they lose the right of withdrawal from the contract after the service has been fully provided, if under the contract the consumer is obliged to pay the price;

b, the supply or provision of a product whose price depends on fluctuations in the financial market which the trader cannot influence and which may occur during the withdrawal period;

c, the supply of goods made to the consumer’s specifications or goods made to measure;

d, the supply of goods which are liable to deteriorate or expire rapidly;

e, the supply of goods sealed in protective packaging which are not suitable for return due to health protection or hygiene reasons, if the protective packaging was broken after delivery;

f, the supply of goods which, by their nature, may after delivery be inseparably mixed with other goods;

g, the performance of urgent repairs or maintenance during a visit to the consumer expressly requested by the consumer from the trader; this does not apply to a contract the subject of which is the provision of a service other than repair or maintenance, and to a contract the subject of which is the supply of goods other than spare parts necessary to carry out the repair or maintenance, if the contracts were concluded during the trader’s visit to the consumer and the consumer did not order these goods or services in advance;

h, the supply of sound recordings, video recordings, audiovisual recordings or software in protective packaging which was broken after delivery;

i, the supply of periodicals, except for their supply under a subscription contract;

j, the supply of digital content which the trader supplies otherwise than on a tangible medium, if the supply of the digital content has begun and the consumer has given express consent to the start of the supply of the digital content before the expiry of the withdrawal period, has declared that they were duly informed that by giving consent they lose the right of withdrawal from the contract once the supply of the digital content has begun, and the trader has provided the consumer with confirmation or, if under the contract the consumer is obliged to pay the price. 

14. In the event of withdrawal from a contract the subject of which is the sale of goods, the Seller is not obliged to return payments to the consumer before the goods are delivered to the Seller or until the consumer proves that the goods have been sent back to the Seller, unless the Seller proposes to collect the goods in person or through a person authorised by them.

15. The consumer is obliged to pay the trader the price for the performance actually provided up to the day of delivery of the notice of withdrawal from the contract, if the consumer withdraws from a contract the subject of which is the provision of a service and gave express consent before the performance began. The price for the performance actually provided is calculated proportionally on the basis of the total price agreed in the contract. The price for the performance actually provided is calculated on the basis of the market price of the performance provided, if the total price agreed in the contract is excessive.

 

VII. Alternative dispute resolution

  1. Any disputes arising between the Seller and a Buyer who is in the position of a consumer in connection with the existence, validity, content, interpretation or performance of these T&C, in particular in connection with the purchase of goods, shall be resolved primarily by Alternative dispute resolution in accordance with Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes.
  2. Alternative dispute resolution (hereinafter “ADR”) is a procedure of an alternative dispute resolution body under Act No. 391/2015 Coll., the aim of which is to achieve an amicable settlement of the dispute between the parties to the dispute. The consumer has the right to contact the Seller with a request for remedy if they are not satisfied with the way in which the Seller has handled their complaint or if they believe that the Seller has violated their rights. The consumer has the right to submit a proposal to initiate alternative dispute resolution to an alternative dispute resolution body if the Seller responded negatively to the request for remedy or did not respond to it within 30 days from the day it was sent.
  3. ADR bodies are entered in the list kept by the Ministry of Economy of the Slovak Republic. The Slovak Trade Inspection is also an ADR body.
  4. ADR may be initiated only on the basis of a proposal by the consumer. The ADR body may reject the consumer’s proposal if the consumer submits the proposal after the expiry of one year from the day of:   

a, delivery of the Seller’s negative response to the consumer’s request for remedy, or

b, the fruitless expiry of the 30-day period from the day on which the consumer sent the Seller a request for remedy to which the Seller did not respond.

5. To submit a proposal for alternative resolution of their consumer dispute, the consumer may use the online dispute resolution platform, which is available on the website: http://ec.europa.eu/consumers/odr/, or directly on the website  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

6. All further information about ADR is given on the website of the Ministry of Economy of the SR www.mhsr.sk.

7. The Buyer may also address complaints or suggestions directly to the Seller at the address given in Art. I of these T&C. The Seller also recommends that Buyers (in order to speed up the handling) address complaints and suggestions to the Seller’s e-mail address: info@fashionspy.sk

8. Any complaint or suggestion will be assessed and handled by the Seller within 10 working days of its receipt. The Seller will inform the Buyer of its handling in the same form in which the Buyer delivered the complaint or suggestion to the Seller.

 

VIII. Final provisions

  1. These T&C become valid and effective on the day of their publication on the Seller’s website.
  2. The Seller reserves the right to amend or modify the wording of these T&C at any time. An amendment to the T&C becomes valid and effective on the day of its publication on the Seller’s website, unless another (later) day for it to become valid and effective is expressly specified. The obligation of written notification of an amendment to the T&C is fulfilled by placing it on the Seller’s Website.
  3. When purchasing goods, the T&C valid and effective at the moment the order of goods is sent to the seller for processing, or at the moment the corrected order is sent to the Seller, are binding on the Buyer and the Seller.
  4. These T&C form an integral part of the Complaints Procedure and the Principles and Information on Personal Data Protection of this Website. The documents - the Complaints Procedure and the Principles and Information on Personal Data Protection of this Website - are published on the domain of the Seller’s Website.
  5. These T&C become valid and effective upon their publication on the Seller’s website.

 


Annex No. 1

Licence terms for the use of electronic content

Obligations of the Seller concerning the terms of use of Electronic Content by the end customer (also referred to in this text as the “Licence Terms”):

The Seller undertakes to make the purchase of Electronic Content conditional on the End Customer’s (also referred to in this text as the “User or Consumer”) acceptance of the following terms, and the said Licence Terms must be clearly and visibly available, at least to this extent, in the Seller’s online shop (website). The Seller does not have this obligation to the extent that the valid law of the Slovak Republic does not allow it.

 

Electronic Content. For the purposes of the Licence Terms, Electronic Content means any Electronic Content or electronic publication regardless of the format in which it is made.

Use of Electronic Content. The Electronic Content is registered to the User.  The Seller grants the User a non-exclusive and non-transferable right to view, use and display the Electronic Content an unlimited number of times, solely for their own personal use. The Electronic Content will be considered licensed by the Seller to the User, unless the Seller determines otherwise.

Restrictions. Unless specifically stated otherwise, the Electronic Content is protected by copyright law. The User may not sell, rent, lend, spread, distribute, broadcast, sublicense or otherwise assign rights to the Electronic Content or any part of it to any third party, and may not remove descriptions or markings relating to ownership stated in the Electronic Content. The User may not circumvent, modify, disable or remove the protection that protects the Electronic Content. Nor will they encourage, assist or authorise another person to do so.

Withdrawal of the End Customer from the contract. In the case of E-books, withdrawal of the End Customer from the contract is possible only until the time of first use of the Electronic Content; otherwise withdrawal of the End Customer (consumer) is not possible, as this is excluded by the very nature of the product/service

 

Annex No. 2

MODEL FORM FOR WITHDRAWAL FROM A DISTANCE CONTRACT AND A CONTRACT CONCLUDED OUTSIDE THE TRADER’S BUSINESS PREMISES

 

(Complete and send this form only if you wish to withdraw from a distance contract or from a contract concluded outside the trader’s business premises.) 

To 

Trader: CHILLI CONTENT, s.r.o., 

Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic

e-mail: obchod@fashionspy.sk

 

 

I/We* hereby notify,

that I/we* withdraw from the contract for the delivery or provision of this product: .............. 

– Date of order/date of receipt* .............. 

– Name and surname of the consumer(s)* .............. 

– Address of the consumer(s)* .............. 

– Signature of the consumer(s)* (if this form is submitted in paper form) .............. – 

Date .............. 

 

* Delete as appropriate

 

Annex No. 3

INFORMATION ON EXERCISING THE CONSUMER’S RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT AND A CONTRACT CONCLUDED OUTSIDE THE TRADER’S BUSINESS PREMISES

 

Right of withdrawal from the contract 

You have the right to withdraw from this contract without giving a reason within 14 days. 

The period for withdrawal from the contract expires after 14 days from the day on which you or a third party designated by you, other than the carrier, take delivery of the goods. 

To exercise the right of withdrawal from the contract, inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an e-mail) at the address: 

CHILLI CONTENT, s.r.o., 

Tallerova 4, Bratislava - mestská časť Staré mesto 811 02, Slovak Republic

e-mail: obchod@fashionspy.sk

 

For this purpose you may use the model withdrawal form which we handed over or sent to you, but its use is not mandatory. The form can also be found on our website. 

The period for withdrawal from the contract is observed if you send the notice of exercising the right of withdrawal from the contract before the period for withdrawal from the contract expires. 

Consequences of withdrawal from the contract 

After withdrawal from the contract, we will return to you all payments you have made in connection with the conclusion of the contract, including the costs of delivering the goods to you. This does not apply to additional costs if you have chosen a type of delivery other than the cheapest standard method of delivery that we offer. 

The payments will be returned to you no later than 14 days from the day on which your notice of withdrawal from this contract is delivered to us. The refund will be made in the same way as you used for your payment, unless you have expressly agreed to another method of payment, and without charging any further fees. 

We may wait with the refund until the goods are returned to our address or until you prove that you have sent the goods back, whichever occurs first.

This e-shop is certified http://www.pravoeshopov.sk