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Terms & conditions

GENERAL TERMS AND CONDITIONS

 

  1. The General Terms and Conditions​

 

The General Terms and Conditions (GTC) govern the relationship between the seller and the buyer when selling products through the website www.adell.us. The legal relationship between the seller and the buyer is governed according to the buyer’s nature by the provisions of the Civil Code or the Commercial Code and other related legal regulations of the Slovak Republic. Buyers when using www.adell.us websites and making purchases via these sites, accept the GTC in force and are bound throughout the existence of the legal relationship with the seller.

 

  1. The Seller

 

NOT MODE s.r.o. Jurkovica 8

91501 Nove Mesto nad Vahom

Slovakia

SK2120736695

 

  1. The Buyer

 

The buyer is an adult person eligible for legal acts or a legal entity that shows interest in purchasing products via www.adell.us in the way stated below.

 

  1. Orders

 

The buyer can but does not have to register as a customer before purchasing products through www.adell.us Upon the purchase completion the buyer will proceed to complete the order according to the instructions, where they can input a delivery address different from the invoicing address, select the ways of delivery and payment for the goods. The condition for the validity of each order is true and full completion of all mandatory data when submitting the order. The seller is not responsible for the delayed delivery of the goods or for the damage caused by incomplete or incorrect data entered by the buyer in the registration form (or order) upon registration (or when creating the order).  The seller is also not responsible for the damage caused to the buyer as a result of the buyer having forgotten their login password and / or the buyer’s login password having been accessed by an unauthorized person without the seller’s consent.

An accepted electronic order is considered as a draft of the purchase agreement and is binding. The purchase agreement between the seller and the buyer is in force when the buyer confirms the electronic order. Immediately after receiving the electronic order the seller is obliged to confirm the content of the buyer’s electronic order by e-mail to the buyer’s e-mail address stated in the electronic order. Otherwise the purchase contract between the parties has not been concluded. The buyer is required to check the content of the electronic order in the seller’s e-mail message. In the event of any discrepancies in the content of the electronic order confirmed by the seller, the buyer is to notify the seller by email at the email address shop@adell.us.

The seller is entitled to ask the buyer to verify the order by email or by phone. The seller is also entitled to claim a deposit for the goods of greater value or for the goods solely on the basis of the buyer’s special order. If the goods are not in the seller’s warehouse, the seller is obliged, without undue delay, upon receipt of the order, to inform the buyer that the goods are not in stock and when the goods are expected to be stored.

The buyer can cancel the order until the seller confirms it. Cancelling the order after its confirmation by the seller is possible only upon agreement with the seller. If the seller and the buyer agree to cancel the order and the buyer has already paid the purchase price for the goods, the seller is obliged to return the purchase price to the buyer within 14 days after cancellation of the order, and is entitled to deduct the costs incurred in connection with the cancellation of the order after being confirmed.

All the orders received via the website www.adell.us are considered binding. We reserve the right to change the prices. The buyer pays the price stated in the email he receives after confirming the order. The seller reserves the right to extend the delivery period in the event of unforeseen events. In such cases the buyer will be immediately informed.

 

  1. Payments

 

All prices listed at www.adell.us are final and given in Euro. A part of each delivery is an invoice – a tax document. The seller reserves the right to change the prices. However, if you have ordered your goods, the price for which you have ordered is valid regardless of any changes. The buyer will pay the purchase price according to the payment method they have selected and will receive the goods according to the method of delivery chosen by the buyer when ordering the goods.

The buyer can pay in the following ways:

*   by credit and debit cards (Visa, Mastercard, Maestro) 
*   by bank transfer

 

  1. Return Policy

 

If the buyer is not satisfied with the goods ordered, they can return them without giving any reason within 14 days from the goods delivery. The purchase price paid will be refunded to the buyer’s bank account within 14 days from delivery of the returned goods. The goods shall be returned by recorded delivery to the seller’s address, and without any sign of use or damage to the goods.

The goods cannot be returned in cash on delivery – any goods returned this way will not be accepted. Subject to the conditions set out in this article, the amount paid for the goods returned will be refunded to the buyer. If any of the above conditions are not met, the seller will not accept the withdrawal of the agreement and the goods will be returned at the buyer’s expense.

 

  1. Delivery Conditions

 

The goods are dispatched without undue delay usually within 5 working days after the purchase price is credited to the seller’s account. Delivery of the goods ordered also depends on the availability of the goods in the internal warehouse or at the suppliers’ warehouses. The seller reserves the right to extend the delivery period in the event of unforeseeable circumstances. The buyer is immediately informed about such an extension of the delivery period via telephone or e-mail.

Each buyer is informed about the dispatch of the goods via e-mail. The goods are subsequently delivered within two working days at the latest.

The goods will be delivered to the buyer’s address stated in the order form. The delivery address may be different from the invoicing address. If the buyer selects the delivery via a courier service, they are obliged to be reachable at the phone number stated in the order so that the delivery can be handed in.

The goods are delivered in the following ways:

*   post service

 

  1. The Rights and Conditions of the Contracting Parties

 

The seller is obliged:

*   to deliver the correct type and quantity of the goods as stated at the time of the order, based on the buyer’s order and at the agreed price,
*   to wrap the goods properly and send them within the period specified in the ” Terms of Delivery”,
*   without undue delay upon receipt of the order, either to confirm the order or inform the buyer that the goods are not in stock and when the goods are expected to be available,
*   to issue the invoice as a tax document and deliver it to the buyer.

The buyer is obliged:

*   to accept the goods ordered,
*   to pay the agreed price for the goods ordered. 

The seller is responsible for:

*   for delayed delivery of the ordered goods caused by an express mail service,
*   for damages to delivery caused by an express mail service,
*   for any non-delivery of the goods caused by the producer (supplier) as a result of any restriction or cancellation of distribution rights or other unforeseeable obstacles.

 

  1. Delivery Receipt

 

When taking delivery, the buyer is obliged to check whether the packaging in which the goods are packed is not damaged. In the event of its damage, it is necessary to write a record of defects detected during transportation at the place of delivery of the goods. If the buyer accepts the goods despite an apparent damage to the packaging, the seller will not accept any later complaints due to this reason.

The buyer is obliged to check the goods delivered without undue delay immediately after its acceptance.

If the buyer discovers any incompleteness of the goods or any damage to the goods caused by the transport that is not caused by damage to the external packaging, the claim must be applied to the seller immediately but no later than within two days of receiving the delivery. Otherwise, the delivery is considered complete and free of defects, and the claims due to this reason will not be accepted.

 

  1. Claims for Refunds and Warranty​​​​​​​

 

The buyer is obliged to complain to the seller about the defects of the goods purchased on www.adell.us without undue delay under the conditions stated in the relevant provisions of Act No. 513/1991 Coll. of Commercial Code as amended or Act No. 40/1964 Coll. of Civil Code as amended.

Complaints are settled:

*   via phone
*   during working days from 09:00 to 15:00 on the phone number: +421 915 260 626 
*   via e-mail to: shop@adell.us 
*   in writing 

When applying any method of contacting the seller for the purpose of claiming the goods, the goods claimed, a duly completed claim form and a copy of the invoice need to be sent to NOT MODE, s.r.o., S. Jurkovica 8, Nove Mesto nad Vahom, 91501, Slovak Republic.

The warranty period begins on the date of accepting the product by the buyer. The buyer is aware of the fact they required to view the goods immediately upon the receipt. If, at the time of delivery, the goods are not meeting the condition in the purchase contract, the buyer is obliged to immediately notify the seller.

Unless otherwise stated for a particular item, all the goods are covered by a 24-month warranty period. The seller is responsible for any defects in the product that the goods have at the time of the receipt by the buyer or which appear during the warranty period. It does not apply to the defects caused by careless, incorrect handling, common wear or mechanical damage.

The costs for delivery of the goods to the seller are paid by the seller. The transport back to the buyer is paid by the seller. Each complaint shall be settled by the seller within the statutory period, and the buyer shall be informed about its progress.

The warranty does not apply to defects caused by:

*   natural or excessive wear,
*   staining the goods or their parts due to negligence of maintenance,
*   using the goods in the conditions that do not match their temperature, dustiness, humidity, chemical and mechanical effects environment in which goods are commonly used,
*   external influences, e.g. fall or impact,
*   when using the goods in contrary to the instructions for use,
*   mechanical damage – ruptured, cut, thermally damaged, the goods damaged by unintentionally careless treatment, scratching the layers of the goods, etc.

In the event of an unjustified complaint, the goods will be returned to the buyer with the appropriate statement.

 

  1. Personal Data Protection

 

By stating and providing personal data in the scope of the name, surname, permanent address and telephone contact, the buyer grants the seller the consent to process their personal data for the purpose of accepting and processing the order, invoicing the purchase price for the goods and for the advertising and promotional purposes of the seller. The seller declares that the buyer’s personal data will be used in accordance with Act No. 122/2013 Coll. of Laws on the protection of personal data. The buyer is responsible for the accuracy, truthfulness, up-to-dateness and completeness of the personal data provided. The buyer’s rights as a person concerned are listed in Act No. 122/2013 Coll. of Laws on the protection of personal data.

By confirming the order the buyer affirms that they have been informed by the seller about the terms of processing personal data pursuant to Act No.122 / 2013 Coll. of Laws on the protection of personal data.

These GTC are valid and effective from the 1st February 2019. The operator reserves the right to change the GTC even without prior notice.

 

 

 

Privacy policy

 

 

BASIC PROVISIONS

 

  1. Personal Data Manager, according to Article 4 Section 7 of the regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: “GDPR”) is NOT MODE, identification number 51639432 based S. Jurkovica 8, Nove Mesto nad Vahom 91501 (hereinafter referred to as: “Data Manager”).
  2. Contact information of the Data Manager:
  • address: NOT MODE s.r.o., S. Jurkovica 8, Nove Mesto nad Vahom, 91501, Slovakia
  • email: info@adell.us
  • phone number: +421 915260626
  1. Personal information is all information about an identified or identifiable natural person; identifiable natural person is a natural person that can be identified directly or indirectly, in particular by reference to a particular identifier such as name, identification number, location data, network identifier or one or more specific factors, physiological, genetic, mental, economic, cultural or social.
  2. The Data Manager has not appointed / has appointed a privacy officer. Contact information of privacy officer:

 

SOURCES AND CATEGORIES OF PROCESSED PERSONAL DATA

 

  1. The Data Manager handles the personal data you have provided to him or the personal data that the Data Manager has received while processing your order.
  2. The Data Manager handles your identification and contact details and the data necessary for the fulfillment of the contract.

 

LEGAL REASON AND PURPOSE OF PERSONAL DATA PROCESSING

 

  1. The legal reason for the processing of personal data is:
  • fulfillment of the contract between you and the Data Manager under Article 6 Section 1 Point b) of the GDPR,
  • the Data Manager’s legitimate interest in providing direct marketing (for sending business announcements and newsletters) according to Article 6 Section 1 Point f) of the GDPR,
  • Your consent to processing for the purpose of providing direct marketing (for sending business announcements and newsletters) according to Article 6 Section 1 Point a) of the GDPR in connection with § 7 Section 2 of the Law n. 480/2004 of the Statute, about certain information society services in the absence of an order for goods or services.
  1. The purpose of processing personal data is:
  • processing your order and performing the rights and obligations arising from the contractual relationship between you and the Data Manager; personal information is required to successfully process the order (name and address, contact). The provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it by the Data Manager.
  1. There is / is not automatic individual decision making within the meaning of Article 22 of the GDPR. You have given your explicit consent to such processing.

 

PERIOD OF DATA STORAGE

 

  1. The Data Manager keeps personal data:
  • for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the Data Manager and the claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
  • until the consent to the processing of personal data for marketing purposes is revoked, at the longest for 5 years, if the personal data is processed by consent.
  1. After the retention period of the personal data passes, the Data Manager will delete the personal data.

 

RECIPIENTS OF PERSONAL DATA (SUBCONTRACTORS OF DATA MANAGER)

 

  1. The recipients of personal data are individuals:
  • contributing to the delivery of goods / services / execution of payments under the contract
  • providing e-shop services and other services related to the operation of the e-shop
  • providing marketing services
  1. The Data Manager does not intend to provide personal data to a third country (outside the EU) or an international organization. Third-party recipients of personal data are cloud services providers.

 

YOUR RIGHTS

 

  1. Under the terms of the GDPR you have:
  • the right of access to your personal data according to Article 15 of the GDPR,
  • the right to correct personal data according to Article 16 of the GDPR, or limitation of processing according to Article 18 of the GDPR,
  • the right to delete personal data according to Article 17 of the GDPR,
  • the right to object to the processing of your personal data according to Article 21 of the GDPR,
  • the right to data transferability according to Article 20 of the GDPR,
  • the right to withdraw consent to processing in writing or electronically to the address or email of the Data Manager referred to in Article III of these conditions.
  1. You also have the right to file a complaint for the Office For Personal Data Protection in case you believe that your privacy has been violated.

 

PERSONAL DATA PROTECTION CONDITIONS

 

  1. The Data Manager claims to have taken all technical and organizational measures to secure personal data.
  2. The Data Manager has taken technical measures to secure data repositories and personal data repositories in written form.
  3. The Data Manager declares that personal data can only be accessed by authorized persons.

 

FINAL PRIVISIONS

 

  1. By submitting an order from the online order form, you acknowledge that you are aware of the privacy policy and that you accept it in its entirety.
  2. You agree with these terms by ticking the consent via the online form. By confirming your consent, you acknowledge that you are aware of the privacy policy and that you accept it in its entirety.
  3. The Data Manager is authorized to change these conditions. A new version of the privacy policy will be published on the Data Manager’s website and at the same time, the Data Manager will send you a new version of these terms to your e-mail address that you have provided to the manager.