We (the Seller) want you (the Buyer) to enjoy shopping with Malinka Design Store (www.malinka.eu), so please make sure you read all sections of our Terms and Conditions before placing your order.
By using the website www.malinka.eu, you are agreeing to the terms and conditions set out below.
These general terms and conditions define the rights and obligations between the Contractual parties resulting from the contract of sale that was concluded on online store www.malinka.eu between the Seller and the Buyer.
The Seller is an operator of the online store (e-shop), Malina Studio ltd., whose registered address is Narcisova 4, 83101 Bratislava, trade register Nr. 47006960, tax Nr.: 2023717080, not registered for VAT (further “the Seller”). Supervisory body is Slovak trade inspection (SOI), Central inspectorate for the region of Bratislava whose address is Prievozská 32, P.O. Box 5,820 07 Bratislava 27, Slovakia.
The Buyer is an individual able for legal acts, or a legal person (entrepreneur by the § 2 section 2 Business law), who in his own authorization send an electronic order processed by the system of the online store www.malinka.eu. The Buyer can also choose in his/her binding order a person to which should be the products delivered.
Placing an order
By placing an order at www.malinka.eu, the Buyer agrees to have read and understood these terms and conditions.
Once the Buyer have placed an order and confirmed the payment of the goods, an email will be sent to you to inform you of the order having been received. At this moment the Buyer become bound by the order. After the goods are dispatched to the address the Buyer has provided during the ordering process, an email notification will be sent to the Buyer.
If products with different turnaround times are ordered or pre-ordered, they will be posted once the product with the longest turnaround is made. If the Buyer wishes to receive any of the items earlier, another postage charge will need to be covered by the Buyer.
We (the Seller) will do our very best to keep the website up to date at all times. However, we cannot guarantee that items displayed will be available. We aim to process your order within 1-12 working days, subject to our current turnaround that will be displayed on the product info page.
Should the Buyer’s desired products be out of stock or more time needed to complete it we will contact him/her via email. If we receive no response to our email, the Buyer’s remaining order will be processed and the product out of stock will be refunded.
All product prices listed on the website are final. Delivery and shipping costs shall be charged in addition, according to the chosen method of delivery. These additional costs shall be included in the final purchase price.
All charges and refunds are in EURO (€). Malinka Design Store (www.malinka.eu) cannot be held responsible for any loss due to exchange rate fluctuation.
The Seller reserves the right to make adjustments in prices in legitimate cases. However, the Seller is obliged to inform the Buyer about such changes and give the Buyer the option of re-confirming the order or cancelling it free of charge.
Terms of payment
The following methods of payment are accepted in the e-shop:
- Advance payment via bank transfer.
IBAN: SK1902000000003113364955, BIC/SWIFT: SUBASKBX;
The transaction fee is supposed to by paid by the Buyer. The bank transfer is due in 14 calendar days since the orders has been placed, otherwise the order will be cancelled.
- Payment via PayPal account
Not in all countries are all listed methods of payment available.
Payment will be debited from the Buyer’s account prior to the order being dispatched to the Buyer.
Terms of delivery
The delivery of goods shall be carried out as follows:
- Via local post office or courier in form of a registered letter or parcel according to the rates listed below;
- Via personal collection at the address: Malina Studio, Nova Cvernovka, Račianska 78, Bratislava at the time agreed upon e-mail or phone. Personal collection is free of charge.
Shipping costs vary according to the place of delivery and are as follows:
- Delivery fee within Slovakia is 4,00 Euro
- Delivery fee within Czech Republic, Hungary, Poland and Romania is 6,00 Euro.
- Delivery fee within other EU/EFTA countries is 10,00 Euro
If you wish your goods to be delivered to any other country, please contact us via e-mail firstname.lastname@example.org.
No additional costs or fees are charged. In case of split order, based on customer request, each shipping will be charged separately.
Orders will be processed as soon as possible, on average within 1 to 3 working days, however within 7 working days at the latest. Once the order has been dispatched, the Buyer will be informed via e-mail within 24 hours.
The delivery takes about 5 to 8 working days, depending on country of delivery.
Should you not receive a notice of arrival from your post office within 7 days after receiving our e-mail confirming the dispatch of your order, please contact your local post office. Please, let us also know by email email@example.com.
The Seller ensures that all and any goods are properly packed and secured. The Buyer is obliged to inspect the goods upon delivery/collection. Do not accept the delivery, if there are visible defects (defective packaging etc.)! All and any discrepancies or defects must be notified without delay. The Seller shall not accept any later complaints concerning defective packaging or quantities.
Upon receiving the payment including the chosen shipping costs, the order shall be sent to the Buyer within 3 working days.
The Seller reserves the right to extend delivery dates in cases of force majeure/unpredictable circumstances. The Buyer shall be informed immediately thereof.
Transfer of ownership
The Seller shall retain the legal ownership of the goods until the Buyer has made full payment and the Seller has received such payment.
For all and any products the statutory warranty period of 24 months applies, starting from the date of delivery/acceptance of the parcel.
Each and every order includes an invoice that shall serve as a certificate of warranty. In case of a missing invoice, please contact us via e-mail firstname.lastname@example.org.
The online store www.malinka.eu shall be liable to the Buyer for:
- Charging the price valid at the time of placing the order by the Buyer
- Delivering goods without deffects
- Delivering ordered items in the ordered quantity.
The online store www.malinka.eu shall not be liable to the Buyer for:
- Delay of delivery caused by shipping company
- Delay of delivery caused by an incorrect delivery address
- Damage caused by shipping company. Please do not accept the delivery of visibly damaged goods or visibly damaged packaging.
We (the Seller) do not accept cancellations of any items that are customized based on Buyer’s requests. Nevertheless if you (the Buyer) made a mistake please contact us and we will treat each case individually, try to help whenever possible.
The Buyer has the right to cancel free of charge an order which has not yet been processed and dispatched, apart from customized order. In such a case, please inform us as soon as possible at email@example.com and state the order number. If the payment has already been made, the Seller reserves the right to refund the payment to the Buyer within 10 working days, the same way the Buyer paid for the goods (bank account / Paypal).
If the order has already been dispatched, the cancellation fee in the amount of the return shipping costs shall be borne by the Buyer. In the event of a cancellation of a dispatched order by the Buyer, the Seller reserves the right to charge return shipping costs. Upon delivery of the cancelled order at the Seller´s address, the Seller shall refund the remaining amount to the Buyer. Do not send cancelled goods back via ´cash on delivery´, such returns will not be accepted.
The Seller reserves the right to cancel the order made by the Buyer, if an item ordered is out of stock. In such an event, the Buyer shall be informed immediately via phone or e-mail. Unless otherwise agreed, if the whole payment or a part thereof has already been made, the amount shall be refunded to the Buyer´s card that was charged when the payment was made within 10 days.
Right of withdrawal without giving any reason
The buyer is not eligible to withdraw from the contract that comprises sale of customized goods prepared according to buyer’s special requirements.
The Buyer has the right to return goods, except customized goods, to the Seller within 14 working days from the date of delivery/acceptance of the order according to Act no. 102/2014 of the Collection of Laws of the Slovak Republic on consumer protection for door-to-door and postage sales according to § 7.
If the Buyer wishes to make use of this right, the Buyer shall contact the Seller via e-mail at firstname.lastname@example.org. The Buyer shall send the goods to the Seller´s address (Malina studio, Uhrova 4, 83101 Bratislava, Slovakia) within the withdrawal period stated above (date of postage shall fall into this period). Returned goods must include all labels and must be in the original and unused condition together with all and any documentation received with it (invoice included). Furthermore, the Buyer is obliged to print out, fill in and enclose the Return form that can be downloaded online. We recommend postage via registered letter or parcel. Please, do not send goods back via ´cash on delivery´, such goods will not be accepted.
Upon receipt and examination of returned goods (in accordance with the above stated terms of return) and acknowledgement of the right of withdrawal, the Seller shall reimburse the payment for the goods (postage excluded) to the Buyer within 20 working days at the latest, the same way the Buyer paid for the goods (bank account / Paypal).
Returns and exchanges
These returns and exchanges terms apply to goods bought from the Seller via www.malinka.eu and which are in the ownership of the Buyer.
The Buyer shall immediately notify the Seller of all and any defective goods upon discovery by mail at email@example.com. Otherwise, the right to free-of-charge rectification of defects shall not be deemed applicable.
The right to rectification of defects shall not apply in the following cases:
- Defects arising from mechanical damage caused by the Buyer
- Damage resulting from improper manipulation other than stated in the instructions for use
- Failure to notify visible damage upon delivery of goods
- Defects caused by use of the product in conditions not corresponding to its natural environmental conditions such as high humidity, chemical or mechanical influences
- Damage due to negligence of care and lack of maintenance
- Damage arising from use for purposes other than those, for which they were manufactured, uses not corresponding to general conditions or other breach of the warranty terms.
The warranty does not apply to defects of the product (or parts thereof) caused by normal wear and tear (proper use and washing naturally alter the appearance of the product). The warranty also does not apply to defect of the product (or parts thereof) caused by light influence. The Buyer is obliged to send back the goods together with the invoice and filled Return form that can be downloaded online. In case of returning the products with defects the reason must be filled in Return form. All returning goods should be sent to Malina studio, Uhrova 4, 83101 Bratislava, Slovakia. Do not send goods back via ´cash on delivery´, such goods will not be accepted.
The Seller shall inform the Buyer about the acknowledgement of the return/exchange and its handling within 7 working days from the date of receipt of the returned goods. In the event of a legitimate return/exchange the Seller is obliged to handle the return/exchange within 30 days from the date of its receipt. Returned goods shall be exchanged for the same goods or other goods of equivalent value or the amount paid for the goods shall be returned to the Buyer, the same way the Buyer paid for the goods (bank account / Paypal).
The rights and obligations of the parties
The parties to this agreement are the Seller and the Buyer.
The Buyer is obliged to:
- Accept ordered goods;
- Pay the agreed price to the Seller;
- Check the packaging and its contents upon delivery
The Seller is obliged to:
- Deliver goods to the Buyer in the ordered quality, quantity and for the agreed price;
- Send all and any documentation regarding the goods such as invoice or instructions for use together with the goods or as an additional mail.
The Buyer hereby declares to provide his personal data voluntarily for purposes connected to the proper processing of the order. The Seller hereby declares not to share, transfer or otherwise distribute the Buyer´s personal data to third parties, except for the delivery company or as stated in these terms and conditions.
Upon the Buyer´s request the Seller is obliged to remove the Buyer´s personal data from the database.
Other important information
Goods listed on the Seller´s website are sold based on sample photographs. Photos (images) of products are for illustrative purposes only. Minor variations between the images and delivered items shall not constitute a reason for cancellation of the agreement by the Buyer, if the Seller delivers ordered goods to the Buyer.
By creating an order on the website of the e-shop the Buyer agrees to take responsibility for all and any goods bought, not to use or offer these for other purposes than they were manufactured for and to comply with all and any laws and regulations.
By creating an order the Buyer hereby agrees to abide by these Terms and Conditions.
Registration is not mandatory to complete an order.
The Seller and the Buyer are obliged to keep confidential all and any information and data obtained in the conclusion of this agreement. This obligation terminates not less than 12 months after expiration of this agreement.
The Seller reserves the right to change or modify these Terms and Conditions at any time without prior notice. In case of changes, the terms and conditions valid at the time of sending the order by the Buyer shall apply.
These Terms and conditions come into force on 1st June 2019.
Copyright 2019 www.malinka.eu
All rights reserved. Any use of content – part or whole, in particular reproduction and distribution of texts, pictures, photographs in any mechanical or electronic manner is prohibited without written permission from Malina studio ltd.