I. General Provisions.
1.1 These General Terms and Conditions govern the rights and obligations of the seller — Tarawera Design s.r.o., with its registered office at Mládežnícka 960/19, 925 53 Pata, registered in the Bratislava 1 Commercial Register, section s.r.o., insert no. 75957/B, Company ID (IČO) 46 062 483 (hereinafter referred to as the "Seller") and of the buyer in relation to the supply of goods and services by Tarawera Design s.r.o., ordered on the Seller’s website (hereinafter referred to as the "Buyer").
1.2 The Seller is the operator of the websites tarawera.sk and fknihy.sk and provides interested parties with the Fotobook.Platform software ©Tarawera Print s.r.o., which allows the creation of content for books, calendars, and other printed products from their own photographs and texts.
1.3 All relationships between the Seller and the Buyer that are not governed by these General Terms and Conditions shall be governed by the relevant provisions of the Commercial Code.
1.4 The business relationship between the Seller and the Buyer is based on the voluntariness and free choice of the contractual parties; by completing a transaction, the customer agrees to the following General Terms and Conditions.
II. Definition of Terms.
2.1 A Product means any printed materials, in particular photographs, photo books, images, photo calendars, and other printed products and services offered on the Seller’s website.
2.2 The Buyer is a person who is interested in purchasing the offered products and services and submits a proper order via the website interface.
2.3 An Order is a unilateral legal act of the Buyer by which the Buyer orders products and services from the Seller and which is issued in accordance with the Commercial Code.
2.4 The Price List is the currently valid overview of prices of products and services, which sets the bindingly agreed prices between the Seller and the Buyer.
2.5 A Complaint means a written legal act of the Buyer aimed at asserting rights arising from liability for defects or from the warranty for the quality of products and services, carried out in accordance with the complaint conditions of Tarawera Design s.r.o.
2.6 The term User Account means the user interface created after the Buyer registers on the website.
2.7 Fotobook.Platform ©Tarawera Print s.r.o. is an online editor that allows the Buyer to create a printed product or service and is freely available for use on the Seller’s website.
III. Method of Ordering Goods.
3.1 The primary method of ordering products and services provided by the Seller is an order from the Buyer sent to the Seller’s contact address in one of the following forms: online order, by post, or by e-mail.
3.2 The Buyer orders products and services by filling out forms on the website. The order details of the Buyer usually include: identification data of the Buyer, names of products and services, ordered quantities, delivery address, method of payment, method of delivery, etc.
3.3 By submitting a properly completed order, the Buyer expresses agreement with these Terms and Conditions. If the Buyer follows the ordering procedure on the website, the Seller shall send the Buyer a confirmation of receipt of the order in the form of an informational e-mail to the electronic address provided in the Buyer’s user account.
3.4 The purchase contract, in accordance with these General Terms and Conditions and forming the basis for the sale of the Seller’s products and services, is concluded between the Buyer and the Seller at the moment when the Buyer receives a binding confirmation of the order acceptance from the Seller in the form of an informational e-mail.
3.5 Based on the purchase contract concluded in this way, the Seller undertakes to produce and deliver to the Buyer the products and services offered on the website.
3.6 Based on the purchase contract concluded in this way, the Buyer undertakes to accept the delivered products and services and to pay for them. If the Buyer does not follow the ordering procedure on the website, the Seller will not send a confirmation of receipt of the order and the purchase contract will not be concluded.
IV. Prices of Products, Price Lists and Their Validity.
4.1 The Buyer purchases products and services at a price calculated based on the specified criteria of the goods for the production of printed materials, taking into account any price discount granted to the Buyer by the Seller in accordance with its internal regulations.
4.2 The prices of products and services are determined according to the valid base price list, unless otherwise specified in the contract with the Buyer.
4.3 By submitting the order, the Buyer agrees to the purchase price.
4.4 The Seller reserves the right to change prices; such changes become effective upon publication of the new price list on the website and do not apply to already concluded purchase contracts.
4.5 The price of the order includes all costs of the Seller related to the delivery of the ordered products and services, in particular the packaging of products, their labeling, provision of the relevant documents, delivery notes, and transport to the delivery location.
V. Payment Terms and Order Cancellation.
5.1 The Buyer undertakes to pay the purchase price after receiving confirmation of the accepted order, using the payment method chosen in the order, either by bank transfer to the account of Tarawera Design s.r.o. 5030739140/0900 (the payment shall be identified by the order number – variable symbol) or in cash upon receipt of the goods or services.
5.2 The Buyer agrees that after completing the payment form for payment by card, no additional request or consent is required to execute the payment.
5.3 The goods remain the property of the Seller until the full purchase price has been paid in full.
5.4 The price for goods delivered by the Seller on the basis of the Buyer’s order is payable by the date specified on the tax document issued by the Seller to the Buyer in accordance with applicable legal regulations. The Seller shall deliver the tax document together with the goods.
5.5 The Seller reserves the right to withdraw, in whole or in part, from already concluded purchase contracts if the Buyer is in delay with the payment of the purchase price or any part thereof.
5.6 In the event of delay by the Buyer in making payment, the Buyer shall be obliged to pay the Seller contractual default interest in the amount of 0.1% of the outstanding amount for each day of delay.
5.7 An order may be cancelled without the obligation to pay for the ordered goods only until it is marked as “Sent to print” in the administrative system (after logging into your account, this can be seen in the “My Orders” section). Once the materials have been approved by a graphic designer and your order proceeds to production, the order can no longer be cancelled and the full price must be paid regardless of whether you still wish to receive the goods.
5.8 The Seller has the right to withdraw from the purchase contract if the Buyer fails to pay the full purchase price of the goods on time, or if the print materials submitted by the Buyer are unsuitable for printing or their content is not in compliance with applicable regulations. In such a case, the Buyer is entitled to a refund of the portion of the purchase price already paid.
VI. Delivery Terms.
6.1 Delivery method – personal collection at the premises of Tarawera Design s.r.o. – free of charge; via Slovak Post or a courier company – the price depends on the weight of the order and the complexity of the packaging requirements.
6.2 The price of the order includes all costs of the Seller related to the delivery of the ordered products and services, in particular the packaging of products, their labeling, provision of the relevant documents, delivery notes, and transport to the delivery location.
6.3 The place of performance is the place where the goods are handed over to the Buyer. The Seller reserves the right to deliver products and services to the Buyer through third parties.
6.4 The Buyer selects the method of delivery when completing the order form on the website. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner different from that specified in the order, the Buyer shall be obliged to cover the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.
6.5 The Seller determines the delivery date when the order form is completed and confirms it in the order confirmation. The product is deemed delivered at the moment it is delivered to the address specified in the order. In the case of custom production, the delivery time may, in exceptional cases, be longer. In such a case, the customer is not entitled to compensation for damages due to the extended delivery period.
6.6 If the Buyer orders delivery of goods outside the European Union, such purchase may be subject to customs duties or other charges governed by the laws of the country to which the goods are delivered. All taxes, duties, and fees associated with such a purchase shall be borne by the Buyer, as the Seller has no control over payments related to such import. The Buyer, as the importer, must comply with all obligations prescribed by the laws in force in the country to which the goods will be delivered.
VII. Complaint Conditions and Warranty Period.
7.1 Tarawera Design s.r.o. provides a quality warranty for delivered products or services for a period of 24 months. Therefore, a logo is placed on the back cover of the photo book. A photo book without the logo is not subject to complaint.
7.2 The Buyer is obliged to check, upon receipt of the product or service, whether it has any defects or deficiencies. In the event of mechanical damage to the packaging, the Buyer must prepare a record of the damage to the shipment and have this confirmed by the carrier. The Buyer is obliged to resolve any damage to the shipment directly with the carrier. By signing the delivery note, the Buyer confirms that the shipment met all conditions and requirements, and any later claims for damages incurred during transport will not be taken into consideration. The Seller is not liable for damage to the goods caused during transport. Responsibility for loss or destruction of the goods passes to the Buyer at the moment the goods are handed over to the carrier.
7.3 If the Buyer discovers apparent or hidden defects in the product, they are obliged to submit a complaint to the Seller without undue delay, but no later than 30 days from the date the product was received or delivered. The complaint must be submitted in writing by e-mail or by post. If the Buyer fails to comply with the deadline for submitting a complaint and the procedure specified in the previous sentence, the Seller has the right to reject the complaint.
7.4 The complaint must include a description of the defect and the requested method of its remedy. As part of the complaint, the Buyer is always obliged to submit the defective product and proof of payment for the product to the Seller. The Seller is not obliged to accept a returned product sent cash on delivery. The cost of transporting the claimed product from the Buyer to the Seller shall be borne by the Seller only if the complaint is recognized as justified and upon submission of proof of the transport costs. If the Buyer fails to comply with the obligation set out in this paragraph, this shall always be grounds for rejection of the complaint by the Seller.
7.5 The method of handling a complaint by the Seller depends on whether the defect of the product or service is remediable or non-remediable. The Seller undertakes to remedy any remediable defect free of charge. In the case of a non-remediable defect that does not prevent proper use of the product, the Seller shall provide the Buyer with a reasonable discount on the price. In the case of a non-remediable defect that prevents proper use of the product, the Buyer has the right to terminate the contract. In such a case, the Seller must refund the price of the product according to the order or deliver a new product instead of the claimed product.
7.6 The Seller is entitled to request the Buyer to supplement the complaint, and if the Buyer fails to provide the required information within the specified time limit, the Seller has the right to reject the complaint. The period for handling the complaint does not run from the moment the request for supplementation is sent until the supplementation is delivered.
7.7 The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date the complaint is submitted, unless the Seller agrees with the Buyer on a longer period.
7.8 Characteristics of the produced product that cannot be subject to complaint:
- Differences in color between individual produced products in cases where multiple types of products are manufactured for the Buyer under the concluded contract – due to different base materials (different paper weights, different types of paper), 100% color consistency between such materials cannot be guaranteed.
- Differences in color and print resolution between a photo on the cover of the photo book and the same photograph printed inside the photo book on paper – since the cover boards of the photo book are printed using a different technology and on a different material than the pages inside, 100% color consistency cannot be guaranteed.
- Differences in color and print resolution compared to photographs produced by the Buyer using conventional methods (printing or exposure on photo paper), whether printed at home or in an office – since traditional photographs are produced using a different technology and on different materials, 100% color consistency cannot be guaranteed.
- Differences in the color of photographs compared to their appearance on a computer monitor – since the image on a monitor uses the RGB color space and is backlit, while printing is carried out in the CMYK color space, these display technologies and their outputs cannot be directly compared.
- The warranty does not cover defects caused by errors in the provided materials (texts and photographs). The same applies to the cropping of objects placed too close to the edges of the publication.
- A different design of the produced product or a different graphic style than shown in the product photos of Tarawera Design s.r.o. on the website – the graphic style may not always be fully up to date and may therefore have minor differences.
7.9 The Seller is not liable for damages caused by improper use or storage of the products by the Buyer.
7.10 The Buyer has the right to contact the Seller with a request for remedy (by e-mail at info@tarawera.sk ) if they are not satisfied with the way the Seller handled their complaint or if they believe that the Seller has violated their rights. If the Seller responds negatively to this request or fails to respond within 30 days of its submission, the Buyer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity (hereinafter referred to as the ADR entity) in accordance with Act No. 391/2015 Coll. ADR entities are authorities and authorized legal entities under §3 of Act No. 391/2015 Coll. The Buyer may submit the proposal in the manner specified under §12 of Act No. 391/2015 Coll.
7.11 The Buyer may also submit a complaint via the Online Dispute Resolution (ODR) platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm .
7.12 Alternative dispute resolution may be used only by the Buyer – a natural person who, when concluding and performing a consumer contract, does not act within the scope of their business activity, employment, or profession. Alternative dispute resolution applies only to a dispute between the Buyer and the Seller arising from or related to a consumer contract. It applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Buyer to pay a fee for initiating alternative dispute resolution, up to a maximum of EUR 5 including VAT.
VIII. Protection of Personal Data
8.1 Buyer agrees that by completing the form (registering a new user) they give Tarawera Design s.r.o. consent to process their personal data for the purposes of issuing a club/customer card, creating a customer database, and for marketing purposes, including sending offers of products and services electronically. Personal data will be processed by the Seller for an indefinite period.
8.2 Súhlas je môžno odvolať oznámením, zaslaným listom alebo elektronickou formou na adresu predávajúceho.
8.3 The data collected in connection with the Buyer may include first and last name, company name, e‑mail, phone number, contact and delivery addresses. Information about credit and other payment cards is not collected.
8.4 Personal data are protected from disclosure to third parties. They are used solely for the purpose of delivering the ordered shipment and for communication with the customer.
8.5 The Seller makes every effort to protect personal data. To secure them against unauthorized access or misuse, the Seller uses the most advanced technologies and procedures. The Seller stores the provided personal data on computer servers with strictly limited access, located in secure premises. During the transfer of personal information over the internet, the Seller encrypts the data using SSL protocol so that they are unreadable and thus unusable by unauthorized persons.
8.6 Personal data are accessible only to the Seller and the Buyer. Access to personal data is restricted by a username and password, which is known only to the Buyer. Personal data can be viewed and edited at any time.
IX. Terms of Service Use
9.1 The Buyer is obliged to secure access to their user account with a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the Seller is not responsible for any breach of this obligation on the part of the Buyer.
9.2 The Buyer is not entitled to allow third parties to use their user account.
9.3 The Seller may terminate user accounts, especially in cases where the Buyer has not used their user account for more than 24 months, or if the Buyer breaches their obligations arising from the purchase contract or these Terms and Conditions.
9.4 The Buyer acknowledges that the software and all parts of the website are protected by copyright. The Buyer undertakes not to perform any activity that could allow them or third parties to unlawfully interfere with or use the software or other components that constitute the online store’s web interface.
9.5 The Buyer is not authorized, when using the online store interface, to use mechanisms, software, or other procedures that could negatively affect the operation of the online store interface.
9.6 The Buyer acknowledges that the Seller bears no responsibility for errors resulting from third-party interference with the website or from using the website in a manner inconsistent with its intended purpose.
X. Final Provisions
10.1 Buyer agrees to the use of communication means when concluding the purchase agreement. Any costs incurred by the Buyer in using remote communication means in connection with concluding the purchase agreement (e.g., internet connection costs, telephone call costs) shall be borne by the Buyer himself/herself.
10.2 If the Buyer does not provide correct identification data or delivery address in the order, they risk being unable to receive the finished product, although in accordance with these delivery terms and conditions, it will be considered as delivered.
10.3 These general terms and conditions come into effect on 19.09.2016. Seller reserves the right to modify these general terms and conditions at any time.