Terms and Conditions

1. General provisions

These general terms and conditions (hereinafter referred to as “terms and conditions”) govern the relations between the Buyer and FineArt.eu s. r. o., Karpatské námestie 10/A, 831 06 Bratislava – Rača, ID No.: 48168505, Tax ID.: 2120091182, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 157879/B, e-mail: sales@waupass.com (hereinafter referred to as “the Seller”), which is the operator of the online shop on the website www.waupass.com.

The Terms and Conditions are a part of the concluded consumer purchase contract between the Seller on the one hand and the Buyer – consumer on the other hand. All contractual relations are concluded in accordance with the law of the Slovak Republic. Relationships not regulated by these terms and conditions are governed by Act No. 40/1964 Coll. on the Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection as amended, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Purchase Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Additions to Certain Acts, as amended and Act No. 22/2004 Coll. on Consumer Protection as amended. on electronic commerce, as amended.

These terms and conditions are part of the concluded purchase contract between the seller on the one hand and the buyer on the other hand, with the exception of those parts of the terms and conditions that relate to the protection of consumer rights and even in point 10. regulating the protection of personal data. Relations established by the purchase contract between the Seller and the Buyer, not regulated by these terms and conditions, are governed by Act No. 513/1991 Coll., the Commercial Code, as amended.

2. Definitions

A consumer sales contract (hereinafter referred to as “contract”) is any contract, regardless of legal form, concluded by a seller with a consumer as a buyer.

A contract of sale is any contract, whatever its legal form, concluded between a seller and a buyer.

A distance contract is a contract concluded between the seller and the consumer as buyer for the sale of goods by mail order or for the provision of services at a distance exclusively by electronic means of communication (e-mail, telephone, fax). The contract is concluded on the basis of an electronic order by the buyer and the delivery of the goods by the seller either directly or through third parties (carriers). These terms and conditions are an integral part of the concluded contract. 

Goods means the subject matter of the consumer sales contract. The Seller’s range of goods is published on its website www.waupass.com.  

Order means an electronic form containing information about the Buyer, a list of the goods ordered from the Seller’s offer and the price of these goods. An order may also be sent by email, fax, post or telephone.

Seller is a person who, in concluding and performing a consumer contract or a contract of sale, acts within the scope of his trade or other business.

The buyer – consumer (hereinafter referred to as “buyer”) is a natural or legal person who purchases goods for personal use or for the use of members of his household.

A buyer is a natural or legal person who acts within the scope of his trade or other business and purchases goods within the scope of his business for the purpose of reselling or trading them.

Terms and Conditions – are the contractual provisions agreed between the Seller and the Buyer in this document. The Buyer, at the moment of sending his/her order, confirms that he/she agrees to these terms and conditions in force at the time of sending his/her order and is bound by them from the moment of concluding the purchase contract. By submitting his/her order, the Buyer confirms that he/she has read these terms and conditions before placing his/her order and agrees to these terms and conditions without reservation.

3. Order and conclusion of the purchase contract

The buyer chooses the goods based on the current offer published on the website www.waupass.com at the indicated price and confirms this choice by clicking on the “Add to cart” button that appears next to the specific goods. The Buyer may then continue with the purchase or proceed to the shopping cart. After completing the purchase, it is necessary to click in the upper right corner on cart icon, where all selected goods will be displayed. The basket can either be emptied (cross icon) or proceed to checkout. After logging in or after filling in the contact or billing data, the buyer agrees to the processing of personal data and chooses the payment and shipping method and clicks on the “Place order” button. Before dispatch, it is possible to write a note to the order. He can also select the goods on the Internet and send the order by email, mail, fax or telephone.

Orders placed through the online shop www.waupass.com are binding. By submitting an order, the buyer confirms that he/she has read and agrees to these terms and conditions and the price of the products ordered.

The proposal for the conclusion of a contract is the placement of the offered goods on the website www.waupass.com, the contract is formed by sending the order by the buyer and the acceptance of the order and delivery of the goods by the seller. A confirmation message confirming receipt of the order will be sent to the e-mail address entered by the Buyer as part of the contact details (if the Buyer does not receive such an e-mail, an error has occurred and in such case please contact us by e-mail sales@waupass.com). The confirmation email has no effect on the formation of the purchase contract. The concluded contract cannot be changed unilaterally. The contract can be cancelled by agreement of both parties. The Seller is bound by its offer of the goods presented on the website, including the price at the time of acceptance of the order by the Buyer.

Information on the individual steps leading to the conclusion of the contract is provided in these terms and conditions and the buyer always has the opportunity to check or correct the order before sending it.

The contract shall be concluded in English or in Slovak, unless circumstances on the part of the Seller or the Buyer prevent it, it is possible to conclude the contract in another language, mutually understandable for both parties.

The condition for the validity of an electronic order, an order sent by email, fax, mail, telephone is the true and complete completion of all the data and details required by the order form by the buyer. Each order must contain in the case of a consumer the name of the buyer, residential address, or delivery address if it is not the same as the residential address, telephone number, e-mail address. In the case of legal entities and natural persons – entrepreneurs, each order must contain the business name of the person, the address of the registered office or place of business, which is also the billing address, or the delivery address if it is not the same as the billing address, the ID number, VAT number, VAT number (if the customer is a VAT payer), the order code or other designation of the goods, the number of pieces of goods, the method of payment and the method of delivery of the goods. All electronic orders received shall be deemed to be a proposal for the conclusion of a purchase contract and shall be considered binding. Once an electronic order has been submitted, a confirmation of receipt of the order will be sent to the Buyer’s email address via an automated system. After the order has been processed, the Seller will send the Buyer an order confirmation with the date of dispatch (or inform the Buyer of any obstacles to the delivery of the goods) and the documents for making payment of the purchase price.

By confirming the order, the Seller is obliged to deliver the ordered goods to the Buyer and the Buyer is obliged to accept the delivered goods and pay the agreed purchase price to the Seller. The Buyer has the right to cancel the order without charge until the moment of its dispatch of which he is informed in advance. In the event of the Buyer requesting atypical modifications to the ordered goods or in the event of the quantity of goods ordered by the Buyer exceeding the quantity of goods normally ordered, the order may not be cancelled without charge. The order can be cancelled in writing, electronically, or verbally – by phone with an employee of the Seller. The legal effects of cancellation of the order occur upon receipt of the Seller’s notice of acceptance of the cancellation of the order to the Buyer.

4. Prices

The seller is not subject to VAT. The price quoted at the time of placing the order is always valid for the buyer. The price does not include consultancy or any other costs, unless stated in the product description.

The final price of the goods is indicated on the order form just before the order is sent, and is stated including all taxes and charges (packaging, postage…) that the buyer must pay to obtain the goods. This price cannot be unilaterally changed by the Seller.

Discounted prices and offers of goods are always clearly marked with the symbol “promotion”, “sale”, etc. The validity of the discounted prices lasts until the stock is sold out or for the duration of the period indicated at the discounted price.

5. Payment terms

The purchase price can be paid by the buyer: 

• by credit card through the STRIPE payment gateway
• in advance by wire transfer to the account – by pre-invoice – the buyer will be sent the payment documents to the e-mail address provided by the buyer and the goods will be shipped to the buyer after the payment has been posted in the seller’s information system.

6. Delivery terms

The method of delivery or delivery of goods is provided by a mail order company. Delivery charges are charged, which are published and calculated in the checkout.

For delivery of goods by mail order, we recommend that you provide a delivery address where you can be reached during the working day, as the courier usually delivers the parcels during normal working hours.

The delivery time is up to a maximum of 30 days. In exceptional cases, when certain types of goods are out of stock, the delivery time may be longer. In such a case, the buyer will be notified of the estimated waiting time for delivery of the ordered goods.

Delivery of the goods shall be effected by handing them over to the Buyer or by handing them over to the first carrier for transport. Title to the goods shall pass to the buyer upon delivery of the goods, subject to payment of the purchase price in full. Liability for damage to the goods shall pass to the buyer upon receipt of the goods by the buyer.

Upon receipt of the goods, the buyer is obliged to check the integrity of the packaging and the completeness of the delivery. In the event of any apparent damage to the packaging found in connection with the shipment or the goods, the Buyer is obliged to report such damage directly to an employee of the shipping company upon receipt of the shipment and to notify both the shipping company and the Seller without undue delay. The Buyer is obliged to mark on the shipping document all obvious damages to the shipment and any damage to the packaging. If the Seller discovers damage to the packaging or the consignment after unauthorised opening of the consignment, the Buyer shall not accept the consignment from the carrier/delivery agent. By signing the acceptance report, the buyer confirms that the shipment has been received intact. If the buyer does not object to the non-delivery of the goods, it shall be presumed, on the basis of the confirmed delivery and shipping notes, that the goods have been duly delivered to the buyer. The Buyer shall notify the Seller of any damage to the Goods by email or other appropriate means. Additional reports of mechanical damages to the goods already detectable upon receipt of the goods cannot be taken into account and will not be accepted. 

7. Warranty

The warranty period is valid for a period of 2 years and starts from the date of delivery or receipt of the goods by the buyer. 

The period from the exercise of the right of liability for damages until the end of the claim procedure is not included in the warranty period. In case of replacement of the damaged item with a new one, the new warranty period starts from the receipt of the new item.

Liability rights in respect of goods for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

In particular, the warranty cannot be recognised in cases where the goods are claimed after the expiry of the warranty period, there has been an unauthorised alteration of the data in the warranty certificate, the goods to be claimed are not delivered with the original proof of purchase, the goods are normally worn out, mechanically damaged, have been installed, modified or repaired in an unprofessional manner, the goods have been used contrary to their normal purpose of use or contrary to the instructions for use, the goods have been damaged by the elements, the goods have had damage which has led to a lower price being negotiated, and so on.

The buyer is obliged to familiarize himself with the instructions for use of the purchased product before using it. Instructions for use are directly in the packaging of the goods or are available on the website www.waupass.com. 

8. Complaints and their Application

The Seller shall be liable for any damage to the goods upon receipt by the Buyer. Damage shall not be deemed to be alteration of the goods which has occurred during the warranty period as a result of their partial or complete consumption, wear and tear, or improper use or improper intervention.

The Seller does not accept goods claimed or returned by cash on delivery. The Seller shall arrange for the return transport of the goods at his own expense without undue delay, at the latest within 14 days from the date of notification of withdrawal.

Only goods purchased and paid for from the Seller may be claimed. Together with the claim, the Buyer is obliged to hand over the claimed goods to the Seller clean, physically, chemically or biologically undamaged for the purpose of the claim procedure.

If the damage can be repaired, the buyer has the right to have it repaired free of charge, properly and in a timely manner. The Seller is obliged to repair the damage without undue delay. The buyer may, in lieu of remedying the damage, require replacement of the goods or, if the damage relates only to a part of the goods, replacement of that part, provided that the seller does not incur disproportionate costs in relation to the price of the goods or the seriousness of the damage. The seller may always replace the damaged goods with faultless goods instead of repairing the damage if this does not cause serious inconvenience to the buyer.

If the damage cannot be repaired and prevents the goods from being properly used as goods without damage, the buyer has the right to have the goods replaced or to withdraw from the contract. The buyer shall also have the same rights in the event of repairable damage which has occurred again or in the event of more damage for which he cannot use the goods properly. If the damage is irreparable but does not prevent the proper use of the goods, the buyer is entitled to a reasonable discount on the price of the goods.

The Seller is obliged to determine the method of handling the complaint immediately, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the complaint. After the expiry of the time limit for handling the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods.

The Seller is obliged to deliver the confirmation of the claim 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 proof of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way.

The Buyer shall report the damage to the goods to the Seller without undue delay after having discovered the damage. In the event of a claim, the Buyer shall send the completed claim form published at www.waupass.com/refund-form/ and await instructions from the Claims Department. The Seller will arrange return shipping.

The Buyer claiming damage to goods shall describe the damage and the manner in which the damage manifests itself accurately. The Buyer shall also provide a contact address (address, e-mail, telephone) to which the Seller will be notified of the manner in which the claim will be handled. The Seller shall not be held liable for the failure to deliver the notification to the contact address provided.

The complaint may be processed if the damage occurred within the warranty period. To this end, the Buyer shall, when making a claim, present the original proof of purchase proving the purchase of the claimed goods from the Seller.

9. Withdrawal from the contract

The buyer is entitled to withdraw from the contract in writing within 14 days from the date of receipt of the goods without giving any reason.

Withdrawal of the buyer from the contract shall cancel the contract from the beginning and the parties are obliged to return the services provided to each other, i.e. the seller shall return to the buyer the purchase price paid, including postage, and the buyer shall return to the seller undamaged and unused goods in the original and undamaged packaging so that no damage is caused to them. Before the Seller takes back the Goods, the Seller recommends that the Goods are packed in such a way that they are sufficiently protected against damage and deterioration during transport. The Buyer shall send the withdrawal to the Seller. The Seller shall take back the goods and refund to the Buyer (to the account indicated by the Buyer) within 15 days of the date of withdrawal the price paid for the goods, including the costs incurred by the Buyer in connection with the ordering of the goods (postage). The Seller shall take back the goods at his own expense.

In case of return of damaged or worn goods or goods without accompanying documents and accessories, the Seller is entitled to claim damages, the value of their wear and tear, damage or other legal claims against the Buyer, which he is entitled to set off against the purchase price (except for goods returned due to proven warranty damage). 

The Buyer is not entitled under point 9.1. of this article of the terms and conditions, i.e. without giving any reason to withdraw from the purchase contract in any of the following cases:

• when the subject of the contract is goods which, due to their characteristics, cannot be returned
• the goods have been adapted to the buyer’s needs at the buyer’s request
• the goods cannot be returned in their original state of delivery (in particular goods which are obviously damaged, goods which have been obviously used or goods which have been partially consumed). 

The Seller has the right to withdraw from the contract if the ordered goods cannot be delivered within the time or at the price specified in these terms and conditions and no alternative delivery date or alternative performance is agreed with the Buyer, or if the Buyer fails to fulfil the obligations associated with the execution of the order or purchase.

10. Privacy Policy

Customer information is processed in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data, as amended. The personal data of the buyer, the seller processes exclusively for the purpose of processing the order and delivery of the ordered goods to the buyer in accordance with § 10 of the above mentioned law. The Buyer is responsible for the accuracy of the personal data provided. The provision of personal data is voluntary. The processing of personal data is necessary for the performance of a contract in which the data subject, i.e. the buyer, acts as one of the contracting parties.  The Seller shall not disclose the Buyer’s personal data to any other person for processing, except for external carriers to whom the personal data is transferred solely for the purpose of delivering the ordered goods to the Buyer. 

By submitting an order, the buyer agrees to receive commercial offers from FineArt.eu s.r.o. via e-mail. The Buyer has the possibility to easily and free of charge at any time to refuse such use of contact information at the time of collection and with each message delivered, if he has not previously refused such use.

Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. If you object, we will no longer send you the questionnaire.

11. Supervisory authority

Supervision over compliance with the seller’s obligations is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, Prievozská No. 32, P.O. Box 5, 820 07 Bratislava, Department of Supervision,

tel. no.: 02/58272172; 02/58272104, fax no.: 02/58272170.

Final provisions

These terms and conditions are valid as stated on the website www.waupass.com on the date of placing the order by the buyer, who accepts them unconditionally. The Seller reserves the right to amend the terms and conditions.

 The Seller and the Buyer agree that they fully accept the electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties. The electronic form of communication is also acceptable in the event of withdrawal from the contract.

These terms and conditions come into force on 1.5.2024.