General Terms and Conditions

Terms of Use – General Terms and Conditions

General provisions

These General Terms and Conditions (hereinafter also referred to as the “terms” or “GTC”) apply to purchases from the online store (e-shop) on the website www.jacobguldan.sk and to the use of the website www.jacobguldan.sk, operated by the company Jacob Guldan s.r.o., with its registered office at: SNP 1980/29, 900 01 Modra, Company ID (IČO): 51 852 471, registered in the Commercial Register of the City Court Bratislava III, section: Sro, insert no.: 130131/B (hereinafter “Jacob Guldan” or the “seller”). The GTC form an integral part of the purchase contract between the customer in the position of buyer – consumer and the company Jacob Guldan. These terms of use govern the rights and obligations between the seller and the buyer – consumer. Before using our website, please read these terms of use carefully and make sure you understand them.

Merchant = Seller/seller - is a person who, in connection with a consumer contract, an obligation arising therefrom, or in a commercial practice acts within the scope of its business activity or profession, including through another person who acts in its name or on its behalf..

Complaint - is the exercise of the buyer’s rights arising from non-conformity with the purchase contract, as well as the exercise of the buyer’s rights arising from the seller’s liability for defects.

Buyer - consumer - is a customer of our online store and a natural person who, when concluding and performing the contract, does not act within the scope of his/her trade or other business activity.

Buyer - is a customer of our online store and a person who, when concluding and performing the contract, acts within the scope of his/her trade or other business activity

Purchase contract

A proposal to conclude a purchase contract with the buyer in the position of consumer is the placement of the offered goods by the seller on the website www.jacobguldan.com and www.jacobguldan.sk, the purchase contract is formed by sending the order by the buyer – consumer and acceptance of the order by the seller in the position of merchant. This acceptance is promptly confirmed by the seller to the buyer by an informative e-mail to the e-mail entered; however, this confirmation does not affect the formation of the contract. The concluded contract (including the agreed price) may be amended or cancelled only by agreement of both parties or on the basis of the GTC, or statutory reasons. The contract is concluded for a definite period and terminates upon fulfillment of the obligations of the seller and the buyer.

By concluding the purchase contract, the buyer confirms that he/she has familiarized himself/herself with these terms, including the conditions for making a complaint, and agrees with them. The buyer is sufficiently informed about the GTC and the complaint procedure prior to placing the order and has the opportunity to familiarize himself/herself with them.

The contract is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is apparent from the ordering process in our online store and the buyer has the opportunity to check it before sending the order, or correct it. These GTC are displayed on the website of our online store, enabling their archiving and reproduction by the buyer. The costs of using means of distance communication (telephone, internet, etc.) for placing the order are at the usual amount, depending on the tariff of telecommunication services used by the ordering party.

The seller reserves the right to cancel the order or part of it before concluding the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer manufactured or supplied, or the price of the goods has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his/her account or address and the purchase contract will not be concluded.

No consumer rights may be asserted in respect of gifts provided completely free of charge. Such goods meet the conditions of a gift contract and all standards under applicable legislation of the Slovak Republic.

Seller’s contact details:

E-mail: contact@jacobguldan.com

Postal address: Jacob Guldan s.r.o, SNP 29, 90001 Modra, Slovak Republic

Telephone: +421 (0)949 616 080 /Call price according to operator’s price list/

Account number for cashless payments:

Bank: Tatrabanka

Account number in IBAN format: SK6311000000002941061971

Supervisory authority

Slovak Trade Inspection (SOI)

SOI Inspectorate for the Bratislava Region, Bajkalská 21/A, P. O. BOX no. 5, 820 07 Bratislava

Department of Supervision - tel. no. 02/58 27 21 72, 02/58 27 21 04, fax no. 02/58 27 21 70

Terms written with an initial capital letter shall have the meaning set out below in these GTC:

• Liability for defects of goods is addressed in the GTC below

• Commercial Code means Act No. 513/1991 Coll., the Commercial Code, as amended.

• Civil Code means Act No. 40/1964 Coll., the Civil Code, as amended

• Personal Data Protection Act means Act No. 18/2018 Coll. on personal data protection and on amendments to certain laws (hereinafter the “Act”); GDPR means Regulation (EU) No. 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 (hereinafter the “Regulation”)

• Consumer Protection Act means Act No. 108/2024 Coll. on consumer protection and on amendments to certain laws.

Conditions for ordering goods via the e-shop

The buyer, i.e. a person who may order goods via the online store may only be a natural person over 18 years of age and a legal entity. Natural persons who have not yet reached the age of 18 need the consent of their legal representative to conclude a purchase contract via the online store.

The seller’s e-shop is only a sales catalogue. By displaying products in the e-shop, the seller invites the visitor of the online store to make a selection from the listed products and conclude a purchase contract (hereinafter the "Order"). An Order means an order form completed and sent by the buyer to the seller as merchant in the manner specified in the e-shop. The Order contains information about the ordered goods and about the buyer. For the purposes of concluding the purchase contract, the Order is considered a proposal to conclude the purchase contract and where these GTC refer to an order, they refer to a proposal to conclude the Purchase contract.

Goods means any movable item placed in the e-shop which the seller as merchant offers for sale via the e-shop (also “product”).

The order is not binding during the ordering process; it becomes binding only by confirming the button “Pay – I agree with the General Terms and Conditions and the Personal Data Processing Policy.”

The purchase contract is concluded via the e-shop, i.e. using means of distance communication; it is a so-called distance contract. The costs for means of distance communication (internet and telephone connection) do not differ from the rate under the conditions of the provider of the internet or telephone connection and the seller does not charge any additional fees in this context.

Order confirmation

After receiving the order, the buyer will receive an electronic invoice to the entered email address as a confirmation of purchase. The notification e-mail pursuant to the previous sentence is also a confirmation of the conclusion of the purchase contract. The buyer is responsible for the correctness and validity of the email address when placing the order. We recommend saving the email - Order confirmation to facilitate contact with customer service in the future. The order confirmation also serves as proof of purchase of the goods.

Payment

Payment can be made by credit or debit card or via Paypal or cash on delivery. All banking transactions are ensured by the banking services of Stripe. Jacob Guldan does not store any credit card numbers.

Credit card payment

Secure card payments with Visa, AMEX, MasterCard or Apple Pay are available via an internet connection. Payments are processed by Stripe via secure encryption and based on strict banking standards. The buyer’s card details are sent directly to the bank and cannot be read or accessed by any third party. No additional fee is charged for card payments unless the bank charges fees to the customer. For credit/debit card payments, the default conditions apply immediately after the card transaction is approved. If, after submitting the order, payment is not received by the due date, Jacob Guldan may automatically cancel this order.

Promo codes

You can apply promo codes by entering them during the checkout process. A promo code cannot be entered after purchase.

Total price of goods – selling price, taxes and fees

All selling prices stated in the online store are in euros and represent the final price per unit of product (goods) or for a specified quantity of the product. Jacob Guldan is not a VAT payer. In addition, shipping costs are stated, the amount of which depends on which delivery and payment options are selected. These costs are charged separately. Before submitting the order, the selling price of the goods and the relevant shipping costs, if charged, are displayed again.

Customs fees and duties are not included in the price of the watch. The customer is responsible for paying customs fees in full if assessed by the relevant authorities. The amount of customs fees cannot be determined in advance, as it depends on the specific delivery address specified by the customer. Please note that customs fees and duties are non-refundable.

The selling price is stated in the e-shop for the goods at the time of placing the order, in the order and in the order confirmation. Such selling price will not be changed after the order is confirmed by the seller, even if the seller subsequently adjusts the selling price, or even if a promotional or discount campaign is running.

The seller as merchant reserves the right to change the selling price of goods and to carry out promotional and discount campaigns on goods, in accordance with generally binding legal regulations of the Slovak Republic. This change does not apply to purchase contracts concluded before the change in the selling price is published. The merchant is obliged, in every announcement of a price reduction, to state the previous price of the goods. The previous price of the goods is the lowest price at which the merchant sold or provided the goods

• in the period of 30 days before the price reduction, or

• since the start of selling or providing the goods if the merchant sold or provided the goods for a period shorter than 30 days before the price reduction.

In the case of a gradual reduction of the price of goods, the merchant may state as the previous price the original price of the goods before the first price reduction, regardless of the time of sale or provision of the goods.

Ordering goods and returning goods

Orders made in the name of another person without that person’s consent will be reported to the relevant authorities. Jacob Guldan reserves the right to change prices, correct incorrect prices for all orders and also for goods on sale. If the price is incorrect, Jacob Guldan may be forced to cancel the purchase and return any paid amount in the most appropriate manner. This may be done at any time.

The customer has the right to return the ordered goods within 30 days of receiving the goods. This right arises for the customer if the goods and their original packaging can be returned in the same condition as when the goods were received. In the event that the customer exercises the right to return the goods, we recommend that the customer contact our company in advance via the email address returns@jacobguldan.com. Postage and/or other transport costs for returning the goods to the seller are borne by the customer in the position of buyer in full. If the goods are damaged during transport, it is necessary to contact Jacob Guldan via the email address info@jacobguldan.com for information about compensation.

More detailed information on the method of returning goods is provided in the General Terms and Conditions – section – Withdrawal from the purchase contract.

Rights and obligations of the seller

The seller is obliged to:

• deliver to the buyer, on the basis of the order confirmed by the seller, the goods in the agreed quantity, quality and time and package them or;

• prepare them for transport in a manner necessary for their preservation and protection;

• ensure that the delivered goods comply with applicable legal regulations of the Slovak Republic

• hand over to the buyer, at the latest together with the goods, in written or electronic form, all documents necessary for taking over and using the goods and other documents prescribed by applicable legal regulations (instructions in Slovak/English language, tax document).

The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.

Rights and obligations of the buyer

The buyer is obliged to:

• take over the purchased or ordered goods,

• pay to the seller the agreed purchase price within the agreed due date, including the costs of delivery of the goods,

• not damage the good business reputation of the seller

• confirm receipt of the goods in the delivery note by his/her signature or by the signature of a person authorized by him/her

• pay the merchant the price for actually provided performance

The buyer has the right to delivery of the goods in the quantity, quality, time and place agreed by the contracting parties in the binding acceptance of the order.

Warranty conditions – complaint procedure

For the purposes of this complaint procedure, a complaint means the exercise of liability for defects of goods. The sold goods must have the required, or legally prescribed, quality and must be free of defects.

The seller is liable for defects that the sold goods have upon receipt by the buyer and for defects that occur after receipt during the warranty period. For goods sold at a lower price, the seller is not liable for defects for which the lower price was agreed.

A defect of the ordered goods cannot be considered a change that occurred during the warranty period as a result of normal wear and tear, improper use, mechanical damage, improper storage, treatment or unauthorized intervention. The buyer is obliged to inspect the ordered goods carefully immediately upon receipt. The buyer must carry out the inspection in such a way as to detect all defects that can be detected with professional care.

The buyer may exercise rights from liability for defects only if he/she has notified the seller of the defect without undue delay, or within two months of discovering the defect, but no later than within 24 months of receipt of the item. If the buyer fails to notify the defect within this period, rights from liability for defects shall expire.

The warranty period is 24 months and begins on the day the buyer receives the goods. The period from the exercise of the right from liability for defects until the time when the buyer was obliged to take over the goods after the repair is not included in the warranty period.

The warranty covers manufacturing defects of the watch itself (movement, case, glass). The warranty does not apply to other parts. The seller is obliged to provide the warranty in writing (warranty card).

If the goods are replaced, the warranty period begins again from receipt of the new goods. The same applies if a part for which a warranty was provided is replaced. In the event of replacement of defective goods, the buyer will receive a document on which the replaced goods will be indicated. Any further complaints shall be asserted on the basis of the original delivery note and this complaint document.

When purchasing goods, the buyer is obliged to inspect the goods and check the completeness of the goods and the relevant documents (tax document, warranty card, instructions). In the case of personal collection, the buyer is obliged to check the goods and immediately complain about any obvious defects concerning mechanical damage to the goods or its packaging, the quantity of delivered goods, completeness of documents, or other obvious defects. When goods are delivered by courier service or post, the buyer is obliged to draw up a complaint report on the spot of receipt about any obvious defects found – incompleteness of the shipment, mechanical damage to the goods, its packaging, or other obvious defects. Later complaints concerning obvious defects of the goods detectable upon receipt and incompleteness of goods and documents cannot be recognized and such a complaint will be considered unjustified. The seller is not liable for obvious defects detectable upon receipt of the goods and incompleteness of delivered goods and documents, even if the buyer does not exercise the right to inspect the goods upon receipt.

Complaints of mechanical damage to the goods that were not obvious upon receipt must be asserted without undue delay after receipt, no later than within 24 hours of receipt. Later complaints will not be recognized.

Liability for damage to goods during transport is borne by the carrier, as all goods are insured. Based on the record made, after the loss event is closed with the carrier, the customer will be provided with an appropriate discount or new goods will be delivered.

If the goods handed over to the buyer do not correspond to the quality stated by the seller on its website, the buyer is obliged to notify the seller of this fact no later than within 2 working days of receipt of the goods. Additional complaints of this type will not be recognized.

Before first use of the purchased goods, the buyer is obliged to study the warranty conditions including the operating instructions and subsequently follow this information.

The buyer is obliged to exercise rights from liability for defects without undue delay after discovering them, at the latest before the expiry of the warranty period. The warranty applies only to functional failures of the goods caused by a manufacturing defect.

Making a complaint

Making a complaint within the warranty period must be done electronically to the email address warranty@jacobguldan.com or in writing to the address: Jacob Guldan s.r.o., SNP 1980/29, 900 01 Modra, Slovak Republic. The complaint must state the name, address, order number, e-mail, telephone contact and a detailed description of the problem – the reason for the complaint. Mark the subject of the email (letter) with: “Complaint about goods”. The buyer submits the complaint by handing over the defective goods and relevant documents, or by sending them (by post or courier service), to the address Jacob Guldan s.r.o., SNP 1980/29, 900 01 Modra, Slovak Republic.

When making a complaint, the buyer is obliged to submit the warranty card and proof of purchase, or payment of the purchase price. If the specified documents are not submitted, the complaint will not be recognized as a warranty claim. An incomplete or improperly altered warranty card is invalid. The buyer is also obliged to submit documents on any previous repairs related to the warranty.

The seller is not liable for any incorrect data provided by the buyer in the complaint report and for the impossibility of delivering documents to the contact address provided by the buyer. In the complaint report, the buyer also states which of the claims from liability for defects he/she asserts and how he/she requests to receive the handled complaint (personal pickup, sending by post). The buyer hands over the complaint report, or sends it (electronically/by post) to the seller together with the complained goods and relevant documents.

If the buyer sends the defective goods to the seller, he/she is obliged to pack them in suitable packaging that sufficiently protects the goods and meets transport requirements for fragile goods, and is obliged to mark the shipment with the appropriate symbols. The seller is not liable for damage to the goods caused by unsuitable packaging.

The day of commencement of the complaint procedure is considered the day when the buyer submitted the complaint to the seller. In the case of personal submission, it is the day of handing over the defective goods together with the relevant documents to the seller. In the case of sending the defective goods to the seller, the day of commencement of the complaint procedure is considered the day when the defective goods together with the relevant documents were delivered to the seller.

If, when making a complaint, the buyer does not submit all required documents, or these are illegible, or the submitted goods are not complete, the complaint procedure begins only on the day of submission of complete goods and all required documents. If the buyer fails to supplement the missing documents and goods even after being requested by the seller, the complaint will be considered unjustified.

Postage and/or other transport costs for returning the goods to the seller are borne by the customer in the position of buyer in full. We do not accept goods returned cash on delivery.

The seller or a designated person will issue the buyer a confirmation of the complaint – confirmation of notification of the defect of the goods in an appropriate form chosen by the seller, e.g. by e-mail or in writing, and is obliged to inform the consumer of his/her rights arising from Sec. § 622 and Sec. § 623 of the Civil Code. If the complaint is made via means of distance communication, the seller is obliged to deliver the confirmation of the complaint to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the document on handling of the complaint; the confirmation of the complaint does not have to be delivered if the buyer has the opportunity to prove the complaint in another manner.

Based on the buyer’s decision which of his/her rights under Sec. § 622 and Sec. § 623 of the Civil Code he/she asserts, the seller or a designated person is obliged to determine the method of handling the complaint (see below) immediately, in more complex cases within 3 days from the start of the complaint procedure, in justified cases, especially if a complex technical assessment of the condition of the goods is required, at the latest within 30 days from the day the complaint procedure started. After determining the method of handling the complaint, the seller or the designated person will handle the complaint immediately; in justified cases, the complaint may also be handled later. However, handling of the complaint must not take longer than 30 days from the day of making the complaint. The buyer has the right to removal of the defect (if the seller is liable for the defect) by repair or replacement, the right to an appropriate discount from the purchase price or the right to withdraw from the purchase contract. the buyer may refuse to pay the purchase price or part of it until the seller fulfills obligations arising from liability for defects. The buyer may exercise rights from liability for defects only if he/she notified the defect within two months of discovering the defect, at the latest within two years of delivery of the item. Exercising rights from liability for defects does not exclude the buyer’s right to compensation for damage caused by the defect. If the buyer submitted the complaint or notified the defect by postal shipment which the seller refused to accept, the shipment is considered delivered on the day of refusal.

The seller is obliged to issue a written document on handling the complaint (for this purpose, an e-mail is also sufficient), no later than within 30 days from the day of making the complaint, but at the latest together with the document on handling the complaint if the period for handling began to run on the day the subject of the complaint was received by the seller. The seller informs the buyer about the end of the complaint procedure and the result of the complaint in the manner determined by the seller (by e-mail or registered letter).

If the seller refuses liability for defects, it will notify the buyer in writing of the reasons for refusal. If the buyer proves by an expert opinion or professional statement issued by an accredited person, authorized person or notified person that the seller is liable for the defect, he/she may notify the defect again and the seller may not refuse liability for the defect; § 621 para. 3 of the Civil Code as amended does not apply to repeated notification of the defect. Costs of the consumer related to the expert opinion and professional statement are governed by § 509 para. 2 of the Civil Code

The seller is obliged to keep records of complaints and submit them upon request to the supervisory authority for inspection. The complaint record must contain data on the date the complaint was made, the date and method of handling the complaint and the serial number of the document on making the complaint.

Please note that in these cases a fee is charged for repair/replacement, even during the warranty period:

• failure or damage caused by improper use or carelessness (shocks, dents, crushing, broken glass, etc.),

• failure or damage caused by unauthorized repair or modification,

• failure or damage caused by fire, water or a natural disaster such as an earthquake,

• aesthetic changes occurring during normal wear, use and aging (minor scratches, etc. on the case or glass, change of strap color and peeling of plating),

• if the warranty is not submitted together with the watch.

• battery replacement is subject to a fee even during the warranty period.

The case, dial, hands, glass, strap and other parts may be replaced by substitutes if originals are not available.

This warranty provides free replacement in accordance with the conditions stated herein for the specified period without limiting any statutory rights of the customer.

The entitlement to free warranty repair expires

• by failure to submit the warranty card, accessories or product documentation,

• by failure to report obvious defects upon receipt of the goods,

• by expiry of the warranty period,

• by mechanical damage to the goods caused by the buyer,

• by using the goods in conditions that do not correspond by their humidity, chemical and mechanical effects to the natural environment,

• by unprofessional handling, operation or neglect of care of the goods,

• by damage to the goods due to excessive load or use contrary to the conditions stated in the documentation,

• by general principles, technical standards or safety regulations applicable in the Slovak Republic,

• by damage to the goods by unavoidable and/or unforeseeable events,

• by damage to the goods by accidental destruction and accidental deterioration,

• by unprofessional intervention, damage during transport, damage by water, fire, static or atmospheric electricity or other force majeure intervention,

• by intervention in the goods by an unauthorized person.

Methods of handling a complaint

If a defect occurs in the goods during the warranty period that can be removed, the buyer has the right to its free, timely and proper removal. The seller is obliged to remove the defect without undue delay. If it is a defect that can be removed, the acquirer may request its free removal. The seller will remove the defect within a reasonable period. A reasonable period means the shortest time the seller needs to assess the defect and to repair or replace the item, taking into account the nature of the item and the nature and seriousness of the defect. If it is an irremovable defect that prevents the item from being properly used according to § 499 of the Civil Code as an item without defects, the buyer has the right to withdraw from the contract. The buyer has the same right in the case of removable defects if, due to repeated occurrence of the defect after repair or due to a greater number of defects, the item cannot be properly used. If it is an irremovable defect that does not prevent proper use of the item according to § 499 of the Civil Code, the buyer has the right to an appropriate discount from the price.

The buyer also has the right to withdraw from the contract if the seller expressly assured him/her that the item has certain properties, especially properties required by the buyer, or that the item has no defects, and this assurance proves to be untrue.

If the goods are no longer sold, the buyer - customer will be refunded in full. If the goods do not show the described defects, the goods will be sent back to the customer in the position of buyer.

The seller is obliged to handle the complaint and end the complaint procedure in one of the following ways:

• by handing over the repaired goods,

• by replacing the goods

• by refunding the purchase price of the goods,

• by paying an appropriate discount from the price of the goods,

• by a written request to take over the performance specified by the seller,

• by justified rejection of the complaint about the goods.

Handling of the complaint does not affect the buyer’s right to compensation for damage under Act No. 294/1999 Coll. on liability for damage caused by defective products as amended.

If the consumer is not satisfied with the manner in which the seller handled his/her complaint or if he/she believes that the seller violated his/her rights, he/she has the option to contact the seller with a request for remedy. If the seller responds to the request for remedy negatively or does not respond within 30 days from the day it was sent, the consumer has the right to submit a proposal to initiate alternative dispute resolution under § 12 of Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendments to certain laws. The competent entity for alternative dispute resolution of consumer disputes with the seller is the Slovak Trade Inspection or another competent authorized legal person registered in the list of alternative dispute resolution entities (www.soi.sk) maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk); the consumer has the right to choose which of the above alternative dispute resolution entities to contact.

The consumer may use the online dispute resolution platform to submit a proposal for alternative dispute resolution of his/her dispute, available at: http://ec.europa.eu/consumers/odr/.

By taking over the goods, the buyer agrees with this complaint procedure and confirms that he/she has been familiarized with its content.

Withdrawal from the purchase contract

The seller is entitled to withdraw from the purchase contract due to sell-out of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods agreed in the purchase contract has discontinued production or made such serious changes that made it impossible to fulfill the seller’s obligations arising from the purchase contract or for reasons of force majeure, or if even after exercising all efforts that can be fairly required, it is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price stated in the order. The seller is obliged to immediately inform the buyer of this fact and is also entitled to offer the buyer substitute performance. In the event of withdrawal from the purchase contract, the seller is obliged to return to the buyer the already paid advance payment for the goods agreed in the purchase contract within 14 days from the notification of withdrawal from the contract, by transfer to the account specified by the buyer, unless the contracting parties agree otherwise.

If the buyer has chosen the method of payment for the ordered goods by cash on delivery, the seller is entitled to withdraw from the purchase contract if the buyer does not take over the ordered goods properly and in time (no later than within five working days) or if the ordered goods are returned back to the seller after an unsuccessful attempt to deliver them to the buyer. The seller is entitled to require from the buyer reimbursement of transport costs incurred in connection with the unsuccessful delivery of the ordered goods, including packaging costs of the ordered goods.

If the Buyer has chosen the method of payment of the purchase price cashless, the seller is entitled to withdraw from the purchase contract if it does not receive payment of the purchase price for the ordered goods from the buyer within one day from the day of conclusion of the purchase contract.

The seller is further entitled to withdraw from the contract concluded with the customer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for this type/kind of goods). An obvious price error is considered, for example, incorrect indication of the first three digits instead of four; a price lower by one digit (e.g. one digit “drops out” when stating the price); an obviously low price of the goods (e.g. 50% lower than is usual for this kind and type of goods), without the goods being marked as a sale or other discount campaign; and other obvious writing errors, obvious errors in the description of goods, image, etc., or in the case of an obvious erroneous error in information provided by the customer service center operator. If this situation occurs, the seller will immediately contact the buyer in order to agree on further steps. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his/her account or address as soon as possible, within 14 working days, but no later than within 30 days from cancellation of the order by the seller.

The valid withdrawal of the seller from the purchase contract is considered the sending of a written notice of withdrawal to the buyer by e-mail to the e-mail address stated in the buyer’s order.

INSTRUCTION ON EXERCISING THE CONSUMER’S RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT AND A CONTRACT CONCLUDED OUTSIDE THE MERCHANT’S BUSINESS PREMISES

Right to withdraw from the contract:

You have the right to withdraw from this contract without giving any reason within 30 days. The withdrawal period expires after 30 days from the day when you or a third party designated by you, other than the carrier, takes over the goods.

To exercise the right to withdraw 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 e-mail) to the address: Jacob Guldan s. r. o, SNP 29, 90001 Modra, Slovak Republic. For this purpose, you may use the model withdrawal form that we have provided or sent to you, but its use is not mandatory. For this purpose, you may use the model withdrawal form below.

If you wish, you may fill in and send the model withdrawal form or any other unequivocal statement of withdrawal also electronically to the e-mail address: returns@jacobguldan.com. If you use this option, we will confirm receipt of the withdrawal without delay by e-mail.

The withdrawal period is complied with if you send the notice of exercising the right to withdraw from the contract before the last day of the withdrawal period expires., otherwise the consumer loses the right to withdraw from the contract. The consumer may withdraw from the purchase contract also before the withdrawal period begins to run.

The goods are considered taken over by the buyer at the moment when the buyer or a third party designated by him/her, except the carrier, takes over all parts of the ordered goods, or if the goods ordered by the buyer in one order are delivered separately, at the moment of taking over the goods that were delivered last, or if goods consisting of several parts or pieces are delivered, at the moment of taking over the last part or the last piece, or if the goods are delivered repeatedly during a defined period, at the moment of taking over the first delivered goods.

The buyer is obliged to deliver to the seller the goods complete including complete documentation, undamaged, in the original packaging, unused and with complete accessories that were delivered together with the goods.

After taking over the goods, the buyer has the right to unpack and test the goods in a similar way as when buying in a traditional brick-and-mortar store. However, testing does not mean starting to use the goods and returning them to the seller after a few days. The goods must be returned to the postal address of Jacob Guldan, s.r.o., SNP 29, 90001 Modra, Slovak Republic. Please send the goods in the original packaging, complete, unused and undamaged. For a refund, it is necessary that you send us:

- goods in the original packaging, undamaged

- original warranty card

- original invoice

- copy of the document on receipt of the goods from the courier (due to the delivery date)

- account number to which the money is to be refunded

The buyer bears the costs of returning the goods to the seller or to a person authorized by the seller to take over the goods. We do not accept goods returned cash on delivery.

Consequences of withdrawal from the contract:

After withdrawal from the contract, we will refund to you all payments that 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 delivery method other than the cheapest standard delivery method we offer. Payments will be refunded to you no later than within 14 days from the day when 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 expressly agreed to a different method of refund, and without charging any additional fees.

We may withhold the refund until the goods have been returned to our address or until you provide evidence that you have sent the goods back, whichever occurs first.

Send the goods back to us or bring them to our address no later than within 14 days from the day of exercising the right to withdraw from the contract. The deadline is deemed to be met if you send the goods back before the 14-day period expires. The consumer is liable for any reduction in the value of the purchased goods that arises as a result of handling them in a manner other than that necessary to determine the properties and functionality of the purchased goods. The costs of returning the purchased goods to the seller are borne by the consumer.

You are only liable for any reduction in the value of the goods as a result of handling them in a manner other than that necessary to determine the nature, properties and functionality of the goods.

The consumer in the position of buyer cannot withdraw from a contract the subject of which is the sale of goods or provision of services whose price depends on movements in financial market prices which the seller cannot influence and which may occur during the withdrawal period, and the sale of goods made according to the consumer’s specific requirements. The consumer in the position of buyer cannot withdraw from a contract the subject of which is the sale of made-to-measure goods or goods intended specifically for one consumer.

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

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

Addressee: Jacob Guldan s. r. o, SNP 29, 90001 Modra, Slovak Republic

e-mail: returns@jacobguldan.com

– I/We hereby notify* that I/We withdraw* from the contract for the delivery or

provision of this product: .............. order number/invoice number:............

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

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

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

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

– Date ..............

* Cross out what does not apply

Personal data processing policy

The seller processes the buyer’s personal data in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation, and pursuant to the Personal Data Processing Policy, which is set out in the section: https://jacobguldan.sk/pages/zasady-spracovania-osobnych-udajov and https://jacobguldan.com/pages/general-terms-and-conditions.

Product reviews

The seller reserves the right not to publish reviews for products that contain inappropriate expressions, are untrue, are not related to the product, link to external sites or otherwise damage the name of our company.

Product information

Jacob Guldan has the right, without notice, to adjust prices, add additional costs, change the product range and related information. The purpose of product images and informational texts published by Jacob Guldan is to display the products as accurately as possible. Despite our company’s efforts to ensure the correctness of the website content, it may contain incorrect information. Jacob Guldan cannot guarantee that all product images faithfully represent the actual appearance of the products; therefore, all product images must be considered illustrative. Product images may differ depending on the color settings on the buyer’s/customer’s computer.

Delivery of goods

Our company ensures delivery of goods almost worldwide. We provide free shipping of goods to the EU, UK, USA and Canada, i.e. to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Holy See (Vatican City State). Delivery of goods is carried out in cooperation with postal service providers and their partners. The delivery method and delivery time may vary depending on the customer’s chosen address, as well as external factors that cannot be influenced (customs regulations, weather conditions, force majeure, etc.).

Indicative delivery time

In Slovakia: 1-3 days

Within Europe: 2-5 days

Outside Europe: 3-10 days

We strive to process every order without undue delay and provide the customer with all necessary related information; however, our company does not guarantee the above indicative delivery time, as it depends on the specific delivery address specified by the customer.

Liability

Jacob Guldan’s liability for errors related to delivery is limited to the existing sales conditions. Jacob Guldan bears no direct or indirect liability, for example, for incompatibility, delivery delays, downtime, data loss, extra work or other economic damages.

Force majeure

Jacob Guldan bears no liability for damages or other sanctions associated with non-fulfillment of the contract, obstacles or delay in its performance, if they were caused by circumstances beyond its control. Exonerating factors may include, for example, government action, new/changed legislation, absence of the state, war, fire, floods, labor disruption, bans, restrictions, sabotage, insufficient transport or weather conditions or non-delivery by suppliers and exposure of the company to criminal activity affecting its operations.

Intellectual property rights

All intellectual property rights, such as trademarks and copyrights, on the website and on published material are owned by Jacob Guldan or its subsidiaries or licensors. Any use of the website or its content, including copying or storing such content as a whole or part thereof for other than personal non-commercial use, is prohibited without the consent of Jacob Guldan.

User-generated content

The website www.jacobguldan.com and www.jacobguldan.sk may contain user-generated content, such as social media applications. Jacob Guldan does not claim any ownership rights to such content (images, photos and videos, etc.) and assumes no legal responsibility for it. If you suspect infringement of copyright or other rights or consider the content offensive, please contact our customer service at help@jacobguldan.com.

Retention of title

All products remain the property of Jacob Guldan until full payment is received. Upon taking over the goods, ownership of the goods passes to the buyer.

The risk of damage to the goods passes to the buyer at the time when the buyer takes over the goods from the seller, or if the buyer does not do so in time, at the time when the seller allows the buyer to dispose of the goods and the buyer does not take over the goods.

Fraud offence

All suspicions concerning the commission of the criminal offence of fraud are reported to the competent law enforcement authorities and Jacob Guldan reserves the right to cancel the order - purchase in the event of any suspicion of the commission of the criminal offence of fraud.

Governing law and jurisdiction

These terms and the use of the website www.jacobguldan.com and www.jacobguldan.sk are governed by Slovak law. To the extent permitted by law, Slovak courts have exclusive jurisdiction in the event of any dispute arising from these terms of use and the use of the website, subject to Jacob Guldan’s right to sue the user at his/her place of residence.

Cancellation and termination

Jacob Guldan reserves the right to cancel the customer’s account – buyer and/or terminate use of the website https://www.jacobguldan.com and https://www.jacobguldan.sk at its sole discretion. For example, in the event of reasonable suspicion that the buyer/customer has violated/is violating these GTC of use, or other applicable legal regulations. Such cancellation and termination will occur without prior notice.

Changes

Jacob Guldan may modify the wording of these GTC at any time. When ordering goods, the GTC valid at that time apply to the contract between the buyer and the seller – Jacob Guldan. For this reason, we recommend that customers familiarize themselves with the current wording of the GTC at the time of submitting the order.

Final provisions

The seller reserves the right to change these general terms and conditions. The obligation of written notification of a change in these general terms and conditions is fulfilled by placing it on the website of the seller’s online store. However, a validly concluded contract is governed by the general terms and conditions at the time it was concluded. The consumer’s order, after confirmation, as a concluded contract between the buyer and the seller is archived for the purpose of its fulfillment and further records, and its status is accessible to the buyer.

In case of doubts, the contracting parties agreed that the period of use shall be considered the period from delivery of the goods to the buyer (including the delivery day) to the day of return of the goods to the seller, or handing over the goods to the courier for the purpose of transporting them to the seller.

The contracting parties agreed that communication between them will be carried out mainly in the form of e-mail messages, or by postal mail.

For relationships not regulated by these general terms and conditions, the relevant provisions of the Civil Code, Act No. 22/2004 Coll. on electronic commerce and on amendments to Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendments to certain acts as amended by Act No. 284/2002 Coll. as amended, Act No. 108/2024 Coll. on consumer protection and on amendments to certain acts, and the Slovak National Council Act No. 372/1990 Coll. on misdemeanors as amended, apply.

These general terms and conditions become effective towards the buyer by sending/creating/confirming the electronic order by the buyer.

By ticking the checkbox before submitting the order, the buyer confirms that he/she has read these general terms and conditions and fully understood them and agrees with their content in full.

These GTC - terms of use were updated on 1.7.2024.