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Terms & Conditions

The Terms and Conditions of Sale and the Return Policy of the E-shop

I.Preamble

  1. FM Design, s.r.o. or Seller – the seller who performs activities within the scope of his business activities, in his own name, on his own behalf, through the fmdesignelements.com domain.
  2. Buyer – natural person, consumer or entrepreneur who purchases goods from the webshop in the fmdesignelements.com domain.
  3. Consumer – natural person who does not act within the scope of his business activities or other entrepreneurial activities when concluding and performing the contract of sale
  4. Entrepreneur – 
    • a.) a person registered in the Company Register
    • b.) a person who runs a business based on a business license
    • c.) a person who runs a business under special regulations based on a different license than the business license
    • d.) a person who performs agricultural activities and is registered under a special regulation
  5. Goods – products offered via the e-shop operated in the fmdesignelements.com domain.
  6. E-shop – the e-commerce platform of FM Design, s.r.o. run in the fmdesignelements.com domain.
  7. Purchase order – the Buyer’s proposal to conclude a contract of sale
  8. Confirmation of the purchase order – FM Design, s.r.o.’s acceptance of the proposal to conclude a contract of sale
  9. TCS – these Terms and Conditions of Sale
  10. These TCS regulate:
    • the purchase of Goods by the Buyer via the E-shop,
    • the conditions of the process of the purchase of Goods via the E-shop,
    • the contracting parties’ rights and obligations, i.e. the rights and obligations of FM Design, s.r.o. and the Buyer arising from the contract of sale concluded between these parties, whose subject-matter is the sale and purchase of Goods via the E-shop of FM Design, s.r.o.
    • the legal relationships between the Seller and the Buyer who is an Entrepreneur are excluded from the application of these Terms and Conditions of Sale and Return Policy and are subject to the applicable provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and of related legal regulations. For the avoidance of doubt, in the case of using the services of the e-shop, the provisions of these Terms and Conditions of Sale that regulate consumer protection do not apply to the legal relationships between the Seller and the Buyer who is an Entrepreneur.

II.Contract of Sale

  1. A Contract of Sale, under which FM Design, s.r.o. delivers the ordered goods to the Buyer, is concluded based on the Purchase Order and the Purchase Order Confirmation.
  2. The conclusion of a Contract of Sale is subject to the Buyer’s registration in the E-shop, where the Buyer is liable to state the information required from him by the E-shop. The information provided at the registration is subject to the provisions of the personal data protection law.
  3. The Buyer orders Goods by selecting the Goods in the E-shop and clicking on the button “ADD TO CART”. Subsequently, he shall use the button “Check and order”, fill in the billing details accurately and truthfully, expresses his consent to these Terms and Conditions of Sale by clicking on the button “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF SALE” and, subsequently, uses the button “Order with obligation to pay”.
    • In the case of service provision, the Buyer expresses his consent before completing the purchase order by confirming the following text: “I grant explicit consent to the Seller to begin providing the service before the period for the withdrawal from the contract elapses and declare that I have been duly informed by the Seller about the loss of my right to withdraw from the contract after the service provision begins before the period for the withdrawal from the contract elapses.”
  1. The purchase order is confirmed by FM Design, s.r.o. expressing its consent to the Buyer’s Purchase Order via an email sent to the email address that the Buyer has specified in his Purchase Order. Sending an informative email to the email address specified by the Buyer in his Purchase Order is considered to be a consent; similarly, sending a proforma invoice is also considered to be a consent.
  2. Any change to the Purchase Order after concluding the Contract of Sale is a proposal to amend the contents of the Contract of Sale and is possible only with the mutual agreement of the Buyer and FM Design, s.r.o. FM Design, s.r.o. has no obligation to accept a proposal to amend the contents of a Contract of Sale.
  3. FM Design, s.r.o. undertakes to accept and process each valid Purchase Order. It shall inform the Buyer about processing the Purchase Order in an email sent to the email address specified by the Buyer in the Purchase Order form. The Buyer is not entitled to a confirmation of his Purchase Order.
  4. FM Design, s.r.o. reserves the right to reject a Purchase Order without giving the reason. It shall inform the Buyer about rejecting the Purchase Order in an email sent to the email address specified by the Buyer in the Purchase Order form. If FM Design, s.r.o. does not confirm the Purchase Order within 10 days, it means that it has rejected the Purchase Order.

III. Purchase Price

  1. The purchase price of the ordered Goods is specified in the Purchase Order as well as in the Purchase Order Confirmation. The purchase price is given in euros. The purchase price includes VAT.
  2. The purchase price of the Goods does not include the costs of delivering the goods, and these will be charged to the Buyer separately, according to the means of delivering the Goods to the place of delivery that the Buyer has chosen.
  3. FM Design, s.r.o. undertakes to inform the Buyer about the amount of the costs of delivering the goods before the Buyer confirms his Purchase Order by clicking on “Order with obligation to pay”.
  4. Discounted prices apply until stocks run out, with specifying the quantity of discounted Goods, or for an unspecified period.
  5. FM Design, s.r.o. reserves the right to set an obligation to the Buyer to pay the costs of delivering the order Goods. FM Design, s.r.o. undertakes to inform the Buyer about the amount of the costs of delivering the goods before completing and sending the Purchase Order by the Buyer to FM Design, s.r.o. By sending the Purchase Order, the Buyer expresses his consent to the purchase price and to the costs of delivering the goods (hereinafter referred to as the “total price”).
  6. The invoice may be paid by
    • the Paypal payment gateway,
    • credit cards including VISA, VISA Electron, MasterCard, Maestro, Diners Club International, Discover, American Express and UnionPay
    • by bank transfer,
    • by direct deposit to the account,
    • by cash paid at the Seller’s site
    • Each payment must contain the variable symbol, i.e. the invoice number. Otherwise, the payment cannot be identified and the invoice is considered to be unpaid. The Buyer is liable to keep the document confirming his payment.
  7. The Buyer’s obligation to pay the total price is fulfilled in the moment the total price is credited to the account of FM Design, s.r.o.
  8. The payment details of FM Design, s.r.o. shall be specified in the e-mail in which FM Design, s.r.o. confirms the Purchase Order.

IV. Delivery of the Goods

  1. FM Design, s.r.o. undertakes to deliver the ordered Goods in full within 30 business days of the Purchase Order Confirmation, unless it specifies a later date in the confirmation, to the address specified in the Purchase Order form. If FM Design, s.r.o. specifies a longer period than 30 days, the Buyer has the right to withdraw from the contract within 5 days of being informed about the delivery period.
  2. The delivery periods according to Article IV Point 1 apply if the Buyer decides for payment in cash or by a postal order. If the Buyer decides for payment by bank transfer or by deposit to the bank account of FM Design, s.r.o., FM Design, s.r.o. delivers the ordered goods in full within 30 days of the payment being credited to the account of FM Design, s.r.o.
  3. FM Design, s.r.o. bears no responsibility for a delayed delivery of the ordered Goods caused by incorrect or incomplete information stated in the Purchase Order form.
  4. The obligation of FM Design, s.r.o. is fulfilled on the day the ordered Goods are delivered to the Buyer.
  5. The contracting parties may agree on a delivery of the goods to the site of FM Design, s.r.o. as well.

V. Withdrawal from the Contract

  1. If the Buyer is a Consumer, he has the right to withdraw from the contract by sending an email to the email address, or a letter to the address of the registered office, of FM Design, s.r.o. without giving any reason within 14 days of receiving the goods. The Buyer has the right to withdraw from the contract even before the period for the withdrawal from the contract starts. The Buyer cannot withdraw from the contract if the subject-matter of the contract is the sale of:
  • Goods produced according to the Buyer’s specific requirements, custom-tailored Goods or Goods meant specifically for one Buyer,
  • Goods in protective packaging that cannot be returned due to health protection or hygienic reasons and whose packaging is no more intact,
  • Goods that, due to their nature, get inseparably mixed with other goods.

The Buyer cannot withdraw from the contract if the subject-matter of the contract is:

  • the provision of a service if the service provision has already begun with the Consumer’s explicit consent and the Consumer declared that he had been duly informed about the fact that, by expressing this consent, he loses the right to withdraw from the contract after the complete provision of the service and if the complete provision of the service has already taken place.
  1. If the Buyer is an Entrepreneur, the withdrawal from the contract is subject to the provisions of Article 344 and the subsequent articles of Act No. 513/1991 Coll. the Commercial Code, and to the Contract of Sale.
  2. The Goods that are the subject-matter of the withdrawal from the contract must not be damaged and they must be sent to FM Design, s.r.o. along with the document confirming their purchase, along with their complete accessories and documentation and, if possible, in their original packaging and unused. The Buyer bears responsibility for any decrease in the value of the Goods that did not occur by their general wear and tear during their use in the period for the withdrawal from the contract according to Point 1 of this Article of the TCS.
  3. The Buyer shall withdraw from the contract in a written form that does not give rise to any uncertainties regarding the fact that the Buyer has withdrawn from the contract or in the form of data recorded on another permanent carrier or by the form which forms Annex 1 of these TCS.
  4. After receiving the Goods, the Buyer has the right to unpack the Goods and try them in the usual way to find out the features and the functionality of the Goods within the period for the withdrawal from the contract.
  5. FM Design, s.r.o. undertakes (under the conditions listed in Point 5 of this Article of the TCS) to return to the Buyer all the payments it has received from him under the contract or in connection with it within 14 days, at the latest, of receiving the notification about the Buyer’s withdrawal from the contract. The Buyer is liable to return the goods within 14 days, at the latest, of his withdrawal from the contract.
  6. The Seller is not liable to return the payment to the Buyer earlier than he receives the Goods or the Buyer proves that he has sent the Goods back.
  7. If the Buyer withdraws from the contract according to Point 1 of this Article of the TCS, the Buyer shall bear all the costs and risks connected with returning the Goods that, due to their nature, cannot be returned by post. However, the costs of transportation, delivery and postage shall be reimbursed to the Buyer by FM Design, s.r.o. only to the extent of the cheapest usual way of delivery offered by FM Design, s.r.o., regardless of the way of delivery the Buyer has chosen.
  8. The Seller shall not take over any goods returned in the form of payment on delivery; the Buyer has to return the goods as a regular parcel/commercial parcel by post or courier. The Seller recommends the Buyer to have the consignment with the goods insured.
  9. The cancellation of the purchase order, as well the withdrawal from the contract, must contain the Buyer’s first name(s) and surname, his email address, the number of the purchase order, a description of the ordered goods, and the bank account number to which the payment should be sent back.
  10. Withdrawal from the contract does not exempt the Buyer from his liability for damages in terms of the provisions of Article 420 and the subsequent articles of Act No. 40/1964 Coll. the Commercial Code. If the Buyer withdraws from the contract and delivers the goods that have been used, are damaged or incomplete to the Seller, he shall pay the following items to the Seller:
    • a) the value by which the value of the goods have decreased in terms of the Commercial Code in their actual amount,
    • b) the costs that the Seller incurs in connection with the repair of the goods and their rectification to their original condition, calculated according to the price list of the post-warranty service of the goods.

In terms of this point of the Terms and Conditions of Sale, the Buyer is liable to pay the compensation to the Seller maximum in the amount of the difference between the purchase price of the goods and the value of the goods at the time of the withdrawal from the contract of sale.

  1. The deadline for the withdrawal from the contract is considered to be met if the notification about the withdrawal from the contract is sent to FM Design, s.r.o. on the last day, at the latest, of the period for the withdrawal from the contract. The Buyer’s withdrawal from the contract cancels the contract from the beginning.
  2. FM Design, s.r.o. has the right to withdraw from the contract if the Buyer decides for noncash payment (deposit to the account of FM Design, s.r.o. or bank transfer) and this payment was not credited to the account of FM Design, s.r.o. within 30 days of the confirmation of the purchase order or if the Buyer does not take over the ordered Goods that form the subject-matter of the contract of sale.
  3. Also, FM Design, s.r.o. reserves the right to withdraw from the contract if the Goods that form the subject-matter of the contract of sale are not manufactured or supplied, and FM Design, s.r.o. is unable to procure these Goods in another way.
  4. The withdrawal of FM Design, s.r.o. from the contract comes into effect on the day when the withdrawal is delivered to the Buyer and, for the withdrawal, it is enough to deliver the withdrawal from the contract in the form of an email. FM Design, s.r.o. shall return the already paid purchase price to the Buyer within 14 days of the withdrawal from the contract by transfer to the Buyer’s bank account, unless he agrees with the Buyer otherwise.
  5. The Buyer acquires the ownership right to the Goods only after the complete payment of the total purchase price.
  6. The risk of damage to the Goods is transferred onto the Buyer the moment he takes over the Goods from the Seller or, if he does not do so in time, in the moment the Seller makes the Goods available to him and the Consumer does not take the Goods over.

VI. Defects and Returns

  1. When taking over the Goods, the Buyer is liable to check:
  • whether the Goods correspond to those stated in the Purchase Order,
  • whether the quantity of the Goods corresponds to that stated in the Purchase Order,
  • whether the Goods or their packaging are intact.
  1. If the Buyer receives Goods that he has not ordered, the Buyer is liable to immediately, or within 24 hours at the latest, contact FM Design, s.r.o. by email. In this case, the Buyer has the right not to take the Goods over and to write a note on the refusal to take over the consignment with the person who has delivered the Goods.
  2. FM Design, s.r.o. bears responsibility for any defects that the Goods have when they are being taken over by the Buyer. In the case of second-hand Goods, the Seller bears no responsibility for defects due to their use or wear and tear. In the case of Goods sold for a lower price, the Seller bears no responsibility for the defect due to which the lower price has been agreed on.
  3. Liability for the defects of the Goods, including the warranty for their quality, in the case of relationships that came into being between FM Design, s.r.o. and a Buyer who is not a consumer in terms of Act No. 250/2007 Coll. on Consumer Protection, as amended, are subject to the applicable provisions of the Commercial Code.
  4. The Buyer is liable to check the delivered Goods when taking them over and to report any evident defects. Evident defects include defects that can be discovered when taking over the Goods, especially: any difference in quantity or assortment, mechanical damage, devaluation of the Goods (scratches, cracks, etc.). The Buyer is liable to report any discovered evident defects within 24 hours, at the latest, to the company, and the company shall remedy them by replacing the Goods, repairing the Goods, returning the purchase price, or providing a reasonable discount. FM Design, s.r.o. will not accept any returns of this type submitted later (i.e. after the above period) and will not consider such return as a justified one.
  5. Unless the Goods are perishable or second-hand, FM Design, s.r.o. bears responsibility for defects that occur after the Goods are taken over in the warranty period (under warranty). A change to the Goods that has occurred during the warranty period due to their wear and tear or improper use or improper tampering must not be considered as a defect. The Buyer can return only defected Goods and is not entitled to a return or replacement of Goods that have no defect. The Buyer is liable to check the Goods immediately when receiving the consignment.
  6. If the defect can be repaired but the Buyer cannot use the Goods properly due to a repeated occurrence of the defect (at least 3 times) after the repair or due to a larger number of defects (at least 3 defects), the Buyer has the right to demand the Goods to be replaced or to withdraw from the contract.
  7. The warranty period for a Consumer Buyer is 24 months. If the best before date is marked on the sold Goods, on their packaging or on the manual attached to them, the warranty period does not end before this best before date. On the Buyer’s request, FM Design, s.r.o. is liable to give the warranty in a written form (warranty card). If the nature of the item enables it, it is enough to issue an invoice about its purchase instead of a warranty card.
  8. The warranty period starts in the moment the Buyer takes over the Goods. If the Goods are delivered to the Buyer by post or by a courier service, the warranty period starts in the moment the Goods are taken over from the courier or from the postal deliverer. The rights from the responsibility for the defects of the Goods covered by the warranty cease if they have not been exercised in the warranty period.
  9. Warranty does not apply to damages to the Goods that happened, among others, especially by:
  • natural or excessive mechanical wear and tear,
  • pollution of the Goods or their parts due to neglecting their maintenance or neglecting the care for the Goods,
  • using the Goods in conditions that do not correspond to the environment in which the Goods are usually used with respect to their temperature, dustiness, humidity, chemical and mechanical impacts,
  • external influences, e.g. fall or mechanical impact, water penetration, fire, etc.
  • tampering with the Goods by an unauthorized person (unprofessional repairs, assembly or modifications),
  • using the Goods differently than stated in the manual, in the technical standards, or in another documentation of the Good, or for a different purpose than the one they are meant for,
  • mechanical damage, especially torn, cut, thermally damaged Goods, Goods damaged by careless excessive physical handling, purposeful scratching of the layers of the Goods, etc.,
  • not reporting the evident defects when taking over the Goods,
  • after the warranty period elapses.
  1. FM Design, s.r.o. shall issue a confirmation to the Buyer after receiving the return notice. A confirmation about the receipt of the return means mainly a copy of the return protocol with the note on the receipt of the return notice or a message addressed to the Buyer, containing written information about the receipt of the return notice. The confirmation of the receipt of the return notice may be sent to the Buyer to the email address or to another (postal) address specified by the Buyer for communication purposes in the return notice.
  2. If the Buyer is a Consumer, FM Design, s.r.o., or an employee authorized by it, takes a decision about the return immediately or, in complicated cases, within three business days. The time necessary for an expert assessment of the defect does not count into this period. However, settling the return must not take longer than 30 days.
  3. If the Buyer has exercised his right to return the product after 12 months of the conclusion of the contract and FM Design, s.r.o. has rejected it, it is liable to state the person to whom the Goods can be sent for expert assessment in the return settlement document. If the Buyer sends the goods for expert assessment to the designated person listed in the return settlement document, and the costs of the expert assessment of the Goods, as well as all the other related costs incurred for this purpose are borne by the Seller, regardless of the result of the expert assessment. If, by the expert assessment by the person designated by FM Design, s.r.o., the Buyer demonstrates the Seller’s responsibility for the objected defect of the Goods, he may exercise his right to return the Goods again; the warranty period is suspended for the time of the performance of the expert assessment of the Goods.  FM Design, s.r.o. is liable to reimburse to the Buyer all the costs incurred for the expert assessment of the Goods, as well as all the other related costs incurred for this purpose and documented by the Buyer, within 14 days of the repeated exercise of the Buyer’s right to return the Goods.  The repeatedly exercised right to return must not be rejected.
  4. If the defect can be repaired, the Buyer has the right to have the Goods repaired free of charge, in time, and properly. FM Design, s.r.o. is liable to repair the defect without any unnecessary delay. The Buyer may request for a replacement of the goods instead of the repair of the defect or, if the defect applies only to a part of the Goods, then the repair of that part, if no unreasonable costs arise for the Seller by this with respect to the price of the Goods or to the severity of the defect. FM Design, s.r.o. may, at any time, replace the defected Goods by undefected ones instead of repairing the defect, unless this causes severe difficulties to the Buyer.
  5. If the defect of the Goods cannot be repaired and if it prevents the Buyer from their proper use, the Buyer has the right to have the goods replaced or to withdraw from the contract of sale. In the case of other unrepairable defects, the Buyer has the right to a reasonable discount from the price of the Goods.
  6. If the Buyer has the right to a replacement of the Goods or to withdraw from the contract, it is up to the Buyer which of these rights he exercises. However, as soon as he decides which right to exercise, he must not unilaterally change this option any more.
  7. FM Design, s.r.o. has informed the Buyer about his rights arising from the provisions of Article 622 of the Civil Code (Defects and Returns part of these Terms and Conditions of Sale and Return Policy) and about his rights arising from the provisions of Article 623 of the Civil Code by publishing these Terms and Conditions of Sale and Return Policy in the respective subpage of the Seller’s electronic shop, and the Buyer had the opportunity to read them before sending the purchase order.

VII. Alternative Dispute Resolution

  1. Alternative means of dispute resolution are regulated by Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes.
  2. The Seller’s email address for the purposes of alternative dispute resolution is fmdesign@fmdesign.sk.
  3. Alternative dispute resolution may be used only by consumers who are natural persons and who do not act in their entrepreneurial capacity, as an employee or in their occupation when concluding and performing the consumer contract. Alternative dispute resolution applies only to disputes between the consumer and the seller, arising from a consumer contract or connected to a consumer contract. Alternative dispute resolution applies only to remote contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed the amount of 20 EUR. The subject of the alternative dispute resolution may request the payment of a fee for initiating the alternative dispute resolution, up to a maximum amount of 5 EUR incl. VAT, from the consumer.
  4. The Consumer has the right to submit a request for redress to the Seller if he is not satisfied with the way in which the Seller has settled his return or if he suspects that the Seller has violated his rights.
  5. The Consumer has the right to submit a proposal for the initiation of an alternative dispute resolution (hereinafter referred to as “proposal”) to the subject of the alternative dispute resolution if the Seller reacted to the request according to paragraph 1 by rejecting it or if he did not reply to it within 30 days of its sending.
  6. The proposal is submitted by the consumer to the respective subject of the alternative dispute resolution; this has no effect on his possibility to apply to the court.
  7. The proposal must contain
    • a) the consumer’s first name(s) and surname, the delivery address, the electronic address, the telephone number, if the consumer has these,
    • b) the exact specification of the seller,
    • c) a complete and unambiguous description of the operative events,
    • d) the specification of what the consumer seeks,
    • e) the date when the consumer submitted his request for redress to the seller and the information that his effort to resolve the dispute directly with the seller was fruitless,
    • f) a declaration about the fact that an identical proposal has not been submitted to another subject of the alternative dispute resolution in this matter, the court or arbitration court has not taken a decision in this matter, no agreement has been concluded about mediation in this matter, and the alternative dispute settlement has not been completed in this matter according to Article 20 Section 1 Letters a) to e) of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes.
    • The consumer shall attach to the proposal the documents connected with the subject-matter of the dispute that prove the facts stated in the proposal.
  1. The consumer has the right to submit the proposal also by the online form for raising a complaint (RSO platform) available on the https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
  2. The consumer has the right to submit his proposal in a letter, in an electronic form, orally to a protocol, or by the following form: https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_4545799-2.pdf
  3. In the Slovak Republic, subjects of alternative dispute resolutions are subjects listed in the list managed by the Ministry of Economy of the Slovak Republic. The list of the subject is available here: http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov 
  4. If more subjects of alternative dispute resolution are competent for the alternative dispute resolution, the Consumer has the right to select which one to submit his proposal to. The provisions of the contract which bind the Consumer to submit a proposal to a subject of alternative dispute settlement specified in advance are not taken into account.

VIII. Personal Data Processing

  1. By clicking on “I GIVE MY CONSENT TO PROCESSING MY PERSONAL DATA”, the Buyer expresses his consent to having his personal data processed in accordance with the provisions of Article 13 Section 1 Letter a) of Act No. 18/2018 Coll. on Personal Data Protection and on the amendment of Certain Acts (hereinafter referred to as the “Personal Data Protection Act”) and in accordance with Regulation 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 – hereinafter referred to as the “GDPR Regulation”), for purposes of processing the Purchase Order and delivering the ordered Goods.
  2. In accordance with the Personal Data Protection Act, before confirming the consent according to Point 1 of these TCS, the Buyer shall be informed about:
    • the identification data of the operator, i.e. of FM Design, s.r.o.: company name, registered office, identification number, and the contact details of the competent person in the case of incidents,
    • the extent of the processed data (in terms of Point 3 of this Article),
    • a link to the information about the consumer’s rights in terms of the Personal Data Protection Act and the GDPR Regulation,
  3. The personal data being processed are:
  • the Consumer’s first name(s) and surname, or the Entrepreneur’s company name
  • the address of the Consumer’s permanent residence, or of the Entrepreneur’s site or registered office
  • the Consumer’s email address and telephone number
  • the identification number if the buyer is an Entrepreneur
  1. The Buyer has the right to get a confirmation from the Seller whether his personal data are being processed. If the Seller processes his personal data, the Buyer has the right to get access to these personal data and to get information about:
    • the purpose of processing his personal data,
    • the category of his processed personal data,
    • the identification of the recipient or the category of the recipient to whom these personal data have been, or are about to be, provided, especially about the recipient in a third country or about an international organization, if possible,
    • the period of storing his personal data; if possible, information about the criteria of the specification of this period,
    • the right to demand from the operator the correction or deletion the personal data of the affected person or the limitation of the processing of the personal data, or about the right to object to the processing of the personal data,
    • the right to submit a proposal to initiate a proceeding according to Article 100 of the Personal Data Protection Act,
    • the source of the personal data if the personal data were not collected from the affected person,
    • the existence of automatized individual decision making, including profiling according to Article 28 Sections 1 and 4; in such cases, the operator shall provide information to the affected person about the applied procedure as well as about the significance and the probable consequences of such personal data processing to the affected person.
  2. By clicking on the “I AGREE TO RECEIVE PROMOTIONAL COMMUNICATION”, the Buyer gives his consent to his personal data being processed and stored for marketing purposes, i.e. mainly for sending information about the new offers of FM Design, s.r.o., about discounts, benefits, etc. The Buyer grants his consent to his personal data being processed by FM Design, s.r.o. for an indefinite period, and the Buyer may revoke this at any time in an electronic form, by email.
  3. The Seller is liable to provide the personal data being processed by him to the Buyer. The Seller may charge a reasonable fee corresponding to the administrative costs for a repeated provision of the personal data on the Buyer’s request. The Seller is liable to provide the personal data to the Buyer in accordance with his request.
  4. The Buyer has the right to the correction of his incorrect personal data by the Seller without any unnecessary delay. With respect to the purpose of processing his personal data, the Buyer has the right to complete his incomplete personal data.
  5. The Buyer has the right to the deletion of his personal data by the Seller without any unnecessary delay.
  6. The Buyer has the right to the limitation of the processing of his personal data by the Seller if
    • the Buyer disputes the correctness of his personal data, for a period that enables the Seller to verify the correctness of the personal data,
    • the personal data processing is illegal and the Buyer objects to the deletion of his personal data and, instead, requests for the limitation of their use,
    • the Seller no longer needs the personal data for the purposes of personal data processing but the Buyer does need them for exercising his legal demands, or
    • the Buyer objects to his personal data being processed according to Article 27 Section 1 of the Personal Data Protection Act, until it is verified whether justified reasons on the Seller’s side prevail over the justified reasons of the Buyer.
  7. The Buyer’s more specific rights are listed separately according to the Personal Data Protection Act and the GDPR Regulation, and are available on the website of FM Design s.r.o.
  8. The Buyer has the right to the limitation of the processing of his personal data by the Seller if
    • the Buyer disputes the correctness of his personal data, for a period that enables the Seller to verify the correctness of the personal data,
    • the personal data processing is illegal and the Buyer objects to the deletion of his personal data and, instead, requests for the limitation of their use,
    • the Seller no longer needs the personal data for the purposes of personal data processing but the Buyer does need them for exercising his legal demands, or
    • the Buyer objects to his personal data being processed according to Article 27 Section 1 of the Personal Data Protection Act, until it is verified whether justified reasons on the Seller’s side prevail over the justified reasons of the Buyer.

IX. Final Provisions

  1. These Terms and Conditions of Sale form an indispensable part of the Contract of Sale concluded between FM Design, s.r.o. and the Buyer.
  2. FM Design, s.r.o. reserves the right to amend these terms and conditions, if necessary, and to call the Buyers’ attention to this in the Terms and Conditions of Sale section of the website.
  3. If these TCS contradict the provisions of the contract of sale, the provisions of the contract of sale shall prevail.
  4. The matters that are not regulated by the contract of sale and by these TCS are subject to the applicable provisions of Act No. 102/2014 Coll. on Consumer Protection in Sale of Goods or Provision of Services under Remote Contracts or Contracts Executed Outside the Business Premises of the Seller, and on the Amendment of Certain Acts, Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of Act No. 372/1990 Coll. of the National Council of the Slovak Republic on Offences, as amended, Act No. 22/2004 Coll. on Electronic Commerce and on the Amendment of Act No. 128/2002 Coll. on State Inspection of the Inner Market in Consumer Protection Affairs, and on the Amendment of Other Acts, as amended by Act No. 284/2002 Coll., Act No. 40/1964 Coll. the Civil Code, as amended, and Act No. 513/1991 Coll. the Commercial Code.
  5. If any of the provisions of these TCS is or becomes invalid, ineffective or unenforceable, the validity, effect and enforceability of the other provisions of these TCS remains unaffected, unless the very nature of that provision precludes this in terms of the applicable legal regulations. The parties undertake to replace, without any unnecessary delay, an invalid, ineffective or unenforceable provision of these TCS by a new valid provision whose content is as close to the purpose of the original provision as possible, as soon as they discover the invalidity, ineffectiveness or unenforceability of the respective provision.
  6. The Seller has the right to amend these TCS unilaterally and without the Buyer’s consent. The validity and effect of these TCS ceases on the day when new TCS come into force and effect. The amended TCS do not apply to contracts of sale concluded at the time when the previous TCS were valid. The obligation to a written notification about the amendment of the terms and conditions of purchase is fulfilled by publishing the terms and conditions on the www.fmdesignelements.com website.
  7. The Buyer declares that he has acquainted himself with these TCS and undertakes to comply with them.
  8. These TCS come into force and effect on ……………….
  9. You may contact us regarding your observations or complaints in the following ways:
  • BY TELEPHONE:  Between 08.30 and 16.00 hours
  • phone number: +421 524 522 795,
  • mobile number:  +421 915 649 444
  • ELECTRONICALLY: email: fmdesign@fmdesign.sk
  • BY POST: MUDR. ALEXANDRA 50, 060 01 KEŽMAROK, SLOVAKIA
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