General Terms and Conditions

These General Business Terms and Conditions (further "the GBTC") govern the relationship between the purchaser and the seller in the area of sale of goods between the companies New Project SK, s.r.o. and its business partners.

I. Basic Provisions

These General Business Terms and Conditions (further "the GBTC") govern the relationship between the purchaser and the seller in the area of sale of goods between the companies New Project SK, s.r.o. and its business partners.
The purchaser by submitting orders confirms that he has been familiarised with these business terms and conditions, an integral part of which forms the return policy, and that the purchaser agrees to them. The purchaser is adequately made aware of these business terms and conditions before making his order and the purchaser has the opportunity to get acquainted with them.

Seller

NEW PROJECT SK, s.r.o., Company ID No.: 36692450, with its registered office at Lazovná 7, 974 01 Banská Bystrica, Slovakia, is a company registered in the Register of Companies of the District Court in Banská Bystrica, file no. 19152/S, Section Sro, engaged in the purchase of goods for resale to the end consumer (retail) or to other entrepreneurs (wholesale).

Supervising body:

Slovenská obchodná inšpekcia (SOI) (Slovak Trade Inspection, STI)
SOI Inspectorate for Banská Bystrica region
Dolná 46, 974 00 Banská Bystrica 1

Department of technical control of products and consumer protection
Tel.: 048/412 49 69, 048/415 18 71
Fax: 048/4124 693
E-mail:

Purchaser

Any consumer is considered a purchaser.
A consumer is a natural person who in the conclusion and performance of the contract does not act within his business or other entrepreneurial activity or within a separate exercise of his profession.
A consumer, when starting business relationships, passes only contact information to the seller necessary for the smooth processing of the order or the data it wants included in the purchase documents.
Legal relationships of the seller with the consumer not expressly specified in these GBC shall be governed by the provisions of Act no. 40/1964 Coll., Civil Code, Act no. 634/1992 Coll., on Consumer Protection and in related regulations, as amended.
The purchaser is aware of the fact that by the purchase of products offered by the seller, the purchaser has no right to use registered trademarks, trade names, corporate logos or patents of the seller or other companies, if not agreed otherwise in a specific case in the form of a particular contract.

Purchase Contract

If the purchaser is identical with the consumer, the location of the offered goods on (internet) sites constitutes a proposal to conclude a purchase contract; a purchase contract becomes valid by sending an order by the purchasing consumer and its adoption by the supplier. The supplier shall acknowledge his acceptance without undue delay in the form of an informative e-mail sent to the purchaser’s e-mail address, however this confirmation does not have any influence on the contract formation. The arisen contract (including the agreed price) can be changed or cancelled only by an agreement of the parties or on the basis of legal reasons.

The seller shall archive the concluded contract for the purpose of its successful fulfilment and shall not be accessible to non-participating third parties. Information about individual technical steps leading to the conclusion of the contract are clear from these business terms and conditions, in which this process is clearly described. The purchaser has the possibility before submitting his order to check his order and to change it if necessary. These business terms and conditions are displayed on the website carthagegarden.com and the purchaser has thus the possibility to archive and reproduce them.

Cost of use of means of long-distance communication (phone, internet, etc.) in order to place an order is invoiced at a normal rate, depending on the tariff of telecommunications services used by the purchaser.

II. Safety and Protection of Information

The Seller declares that all personal data is confidential and will only be used for the realization of the contract with the purchaser and will not otherwise be disclosed or rendered to any third party and the like, with the exception of situations related to distribution or payment regarding the ordered goods (giving notice of the name and address for delivery). Personal data provided by the purchaser to the seller in order to fulfil orders are collected, processed and stored in accordance with the laws of the Slovak Republic, particularly with Act No. 428/2002 Coll., on Protection of Personal Data, as amended. The purchaser gives his consent to the seller to collect and process the respective personal data in order to fulfil the subject of the closed purchase contract, namely until the time of a written statement of the purchaser stating his agreement with processing of the respective information. The purchaser has the right to access his own personal data and the right to make corrections thereof, including other legal rights to this data.

III. Prices

All prices are contractual prices. The online e-shop always quotes updated and current prices.

IV. Ordering procedures

The purchaser receives the goods at the price valid at the time of ordering. The purchaser has the option to become familiarized with the total price including VAT and all other charges (PHE, etc.) before making any order. This price will be listed in the order and in a message confirming the acceptance of the order. The purchaser has the option to become familiarized with the fact of how long the offer or price will remain valid before making any order.

An order can be made in the following ways:

•     Through electronic trade at carthagegarden.com (hereinafter referred to as "e-shop")

V. Withdrawal from Contract

Withdrawal from the contract by a purchaser who is also a consumer
Under the provisions of s. 12 of the Act on Consumer Protection, in door-to-door sale and mail order trade (Act No. 108/2000 Coll.), the purchaser has the right to withdraw from a contract concluded in this manner without giving any reason within seven working days of receipt of goods or from the conclusion of a contract on rendering services, but it is essential that the purchaser delivers a letter on withdrawal to the seller within this seven-working-day period. The purchaser has this right even if the goods ordered over the Internet have been taken over in person by the purchaser at the place at which the seller dispenses its goods.

The purchaser is obliged to return the goods complete with documentation, undamaged, clean, including original packaging if possible, in the same condition and with the same value as at the moment when the purchaser took over the goods. If the goods are returned incomplete or damaged, the seller may reduce the refunded price by the amount corresponding to incompleteness or damage. The money will be refunded to the purchasing consumer within 15 days from the effective date of cancellation of the contract by the purchaser.

The seller is not obliged after the seven-day period stipulated by law (Act No. 108/2000 Coll.) to accept goods for return if they are unclean or not in compliance with hygienic standards.

If the purchaser decides to withdraw at this time, we recommend –in order to accelerate the process of withdrawal settlement– to deliver the goods to the address of the seller, together with attached accompanying letter and possibly with stated reasons for withdrawal from the purchase contract (not necessary) and the number of the purchase document and the bank account number or specification of whether the sum will be paid in cash or whether it will be used for settlement of another purchase.

The purchasers take note of the fact that if a gift is given to a client with the goods, so the donation agreement between the purchaser and seller has been concluded with the condition that the purchaser’s exercise of the right to withdraw from the purchase contract pursuant to s. 12 of Act No. 108/2000 Coll. makes the donation agreement invalid and the purchaser is obliged to return the rendered gift along with the returned goods.

After fulfilling all the above conditions governing the returning of goods, a credit will arise to the purchaser, which at the purchaser’s request, will be sent to an account specified by the purchaser, namely no later than 15 days from the effective date of withdrawal from the contract. If the purchaser fails to specify the account number, the respective sum will automatically be made available in the form of an additional purchase or it may be picked up in cash upon presentation of the original credit note, which is promptly sent to the client after withdrawal from the purchase contract.

When drawing up a credit note, the seller may require the purchaser to present his identification card in order to protect the purchaser's ownership rights. By presenting the identity card, the purchaser agrees to the processing of his personal data in accordance with paragraph II (under provisions of s. 3 of Act No. 428/2002 Coll., on the Protection of Personal Data).

VI. Payment Conditions

•     Payment via the web interface of a bank (on-line by credit card)
•     Cash on delivery of goods (the carrier takes cash from the purchaser)

Goods remain the property of the seller until their payment in full to the seller.

VII. Delivery Conditions

Delivery by a shipping company - SR
Goods are delivered by the shipping company Slovenská pošta (Slovak Post). Goods are shipped as insured first class letter. Price of transport is governed by the current price list valid at the date of order. More details on delivery are given on the webpage of Slovenská pošta (Sloval Post).

If the purchaser discovers damage to the consignment contents after their receipt, the purchaser shall, within 24 hours, send a fully filled in Report on Damage to the Shipment, addressed to .

Additional complaints regarding an incomplete or damaged shipment do not deprive the consumer his /her right to claim the goods. However, they give the seller the opportunity to prove that there was no contradiction with the contract.

VIII. Warranty Terms

Warranty terms regarding goods are governed by the seller’s Return Policy and Conditions and legal regulations of the Slovak Republic in force. The proof of purchase shall serve as warranty card.

IX. Final Provisions

These General Business Conditions shall come into force on 01.09.2011 and shall make invalid the previous version of the General Business Conditions. The Seller reserves the right to change these General Business Conditions without prior notice.

For PROJECT SK, s.r.o.  Approved by: Irina Petrova