Terms and Conditions

of the business entity Michal Sivko - Brand consulting & visual culture, Company ID (IČO): 57444889, Tax ID (DIČ): 1078339581, with its registered office at Ulica Adama Štrekára 8145/57, 917 08 Trnava, Slovakia (registered with the District Office of Trnava, Trade Register Number: 250-62270), for the sale of products and services via the online store located at the web address www.misosivko.com (Art of Miso Sivko).

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the business entity Michal Sivko - Brand consulting & visual culture, Company ID (IČO): 57444889, Tax ID (DIČ): 1078339581, with its registered office at Ulica Adama Štrekára 8145/57, 917 08 Trnava, Slovakia (registered with the District Office of Trnava, Trade Register Number: 250-62270) (hereinafter referred to as the "Seller"), govern—in accordance with the provisions of Section 1751, Paragraph 1 of Act No. ...Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.misosivko.com (Art of Miso Sivko) (hereinafter referred to as the "Website"), specifically through the website interface (hereinafter referred to as the "Online Store Interface").

1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity, or a person acting within the scope of their business activity or independent professional practice when ordering goods.

1.3. Provisions that differ from these Terms and Conditions may be agreed upon in the Purchase Contract. Such differing agreements in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and these Terms and Conditions are drawn up in the Slovak and English languages. The Purchase Contract may be concluded in either the Slovak or English language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall not affect rights and obligations that arose during the period when the previous version of the Terms and Conditions was in effect.

2. User Account

2.1. Based on the Buyer's registration on the website, the Buyer may access their user interface. From this user interface, the Buyer may order goods (hereinafter referred to as the "User Account"). If the web interface of the store allows it, the Buyer may also order goods without registration, directly from the store's web interface.

2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information in the User Account whenever any changes occur. Information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information required to access their User Account.

2.4. The Buyer is not permitted to allow third parties to use the User Account.

2.5. The Seller may cancel a user account, particularly if the Buyer has not used their user account for a period exceeding [time period], or if the Buyer breaches their obligations arising from the purchase contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, particularly due to necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Contract

3.1. The entire presentation of goods on the store's web interface is for informational purposes only, and the Seller is under no obligation to enter into a purchase contract regarding such goods. The provision of Section 1732, Paragraph 2 of the Civil Code shall not apply.

3.2. The store's web interface contains information about the goods, including the prices of individual items and the costs for returning goods in cases where, by their very nature, such goods cannot be returned via standard postal services. The prices of the goods are stated inclusive of Value Added Tax (VAT) and all related charges. The prices of the goods remain valid for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms.

3.3. The web interface of the store also contains information regarding the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided on the store's web interface applies exclusively to cases where the goods are delivered within the territory of the Slovak Republic.

3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form primarily contains information about:

3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),

3.4.2. methods of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Order with payment obligation" button. The data given in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.7. The contractual relationship between the seller and the buyer is established by the delivery of the received order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, while these costs do not differ from the basic rate.

4. Price of goods and terms of payment

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

- cashless through the payment system [………..];

- cashless by payment card;

4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Art. 4.4. business conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Art. 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. Provision § 2119 para. 1 of the Civil Code shall not apply.

4.5. Possible discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.6. If it is usual in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding the payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.

4.7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure within 48 hours at the latest.

5. Withdrawal from the Purchase Contract

5.1.In accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. If the purchase contract concerns several types of goods or the delivery of several parts, this period begins on the day the last delivery of goods is received. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the preceding sentence. To withdraw from the purchase contract, the Buyer may use the template form provided by the Seller, which is attached to these Terms and Conditions. The withdrawal from the purchase contract may be sent to the Seller's place of business or to the Seller's email address: misosivko@gmail.com.

5.2. In the event of a withdrawal from the purchase contract pursuant to Article 5.1 of these Terms and Conditions, the purchase contract is cancelled from the outset. The Buyer must return the goods to the Seller within fourteen (14) days of the Seller's receipt of the notice of withdrawal. In the event that the Buyer withdraws from the purchase contract, the Buyer shall bear the costs associated with returning the goods to the Seller, including cases where the goods cannot be returned by standard postal service due to their nature. 5.3. In the event of withdrawal from the purchase contract pursuant to Art. 5.1 of the Terms and Conditions, the Seller shall refund the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal, using the same method by which the Seller received them from the Buyer. The Seller is also entitled to refund the funds provided by the Buyer at the time the goods are returned by the Buyer, or via another method, provided that the Buyer consents to this and it does not result in any additional costs for the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to refund the received funds to the Buyer until the Buyer has returned the goods or provided proof that the goods have been dispatched to the Seller.

5.4. The Seller is entitled to unilaterally set off any claim for damages to the goods against the Buyer's claim for a refund of the purchase price.

5.5. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, up until the moment the goods are taken over by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, via a non-cash payment to an account designated by the Buyer. 5.6. In the event that a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded subject to a resolutive condition: should the buyer withdraw from the purchase agreement, the gift agreement concerning such a gift shall cease to be effective, and the buyer is obliged to return the provided gift to the seller along with the goods.

6. Transport and Delivery of Goods

6.1. In the event that the method of transport is agreed upon based on a specific request by the buyer, the buyer shall bear the risk and any additional costs associated with such method of transport.

6.2. In the event that the seller is obliged, under the purchase agreement, to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods.

6.3. In the event that, for reasons attributable to the buyer, it becomes necessary to deliver the goods repeatedly or by a method other than that specified in the order, the buyer is obliged to cover the costs associated with the repeated delivery or the costs associated with the alternative delivery method.

6.4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in the event of any damage, to notify the carrier immediately. If the packaging is found to be damaged—indicating that the shipment has been tampered with—the buyer is not obliged to accept the shipment from the carrier.

6.5. The seller reserves the right to prepare and dispatch the goods within a period of 2 weeks.

6.6. Additional rights and obligations of the parties regarding the transport of goods may be governed by the seller's specific delivery terms, if such terms have been issued by the seller.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller warrants to the Buyer that the goods are free from defects at the time of receipt. Specifically, the Seller warrants to the Buyer that, at the time the Buyer receives the goods:

7.2.1. the goods possess the characteristics agreed upon by the parties, or—in the absence of such an agreement—the characteristics described by the Seller or the manufacturer, or those the Buyer could reasonably expect given the nature of the goods and any advertising conducted by the Seller or manufacturer;

7.2.2. the goods are suitable for the purpose stated by the Seller, or for the purpose for which goods of this type are ordinarily used;

7.2.3. the goods correspond in quality or design to an agreed-upon sample or model, where such quality or design was determined based on said sample or model;

7.2.4. the goods are in the correct quantity, measure, or weight; and

7.2.5. the goods comply with the requirements of applicable legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to: goods sold at a lower price due to a defect for which the lower price was agreed upon; wear and tear resulting from normal use; defects in used goods corresponding to the extent of use or wear and tear present at the time the goods were taken over by the buyer; or cases where the nature of the goods dictates otherwise.

7.4. If a defect manifests within six months of the goods being taken over, it shall be presumed that the goods were already defective at the time of takeover. The buyer is entitled to exercise rights arising from a defect in consumer goods that occurs within twenty-four months of the goods being taken over.

7.5. The buyer shall exercise rights arising from defective performance with the seller at a business location where the handling of claims is feasible given the assortment of goods sold, or alternatively at the seller's registered office or place of business.

7.6. Further rights and obligations of the parties regarding the seller's liability for defects may be governed by the seller's Complaints Procedure.

8. Other Rights and Obligations of the Contracting Parties

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer, within the meaning of Section 1826, Paragraph 1, Letter e) of the Civil Code.

8.3. The Seller handles consumer complaints via the email address misosivko@gmail.com. The Seller shall send information regarding the resolution of a Buyer's complaint to the Buyer's email address.

8.4. The Slovak Trade Inspection Authority (Slovenská obchodná inšpekcia), based in Bratislava, is the competent body for the out-of-court resolution of consumer disputes arising from a purchase contract.

8.5. The European Consumer Centre in the Slovak Republic, located at Mlynské nivy 4924/44A, 82715 Bratislava (website: https://esc-sr.sk/), serves as a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

8.6. The Seller is authorized to sell goods on the basis of a trade license. Inspections of business activities are carried out by the competent trade licensing authority within the scope of its jurisdiction. Supervision regarding the protection of personal data is exercised by the Office for Personal Data Protection. The Slovak Trade Inspection, within a defined scope, oversees compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended, among other matters.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.

9. GDPR

9.1. The protection of the personal data of a Buyer who is a natural person is governed by Act No. 101/2000 Coll. on Personal Data Protection, as amended.

9.2. The Buyer consents to the processing of the following personal data: first and last name, residential address, identification number, tax identification number, email address, and telephone number (hereinafter collectively referred to as "Personal Data").

9.3. The Buyer consents to the processing of their Personal Data by the Seller for the purpose of exercising the rights and obligations arising from the Purchase Contract and for the purpose of maintaining a user account. Unless the Buyer selects another option, they also consent to the processing of their Personal Data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety, as described in this article, is not a condition that would, in itself, prevent the conclusion of a purchase contract.

9.4. The Buyer acknowledges that they are obliged to provide their personal data (during registration, within their user account, or when placing an order via the store's web interface) accurately and truthfully, and that they are obliged to inform the Seller of any changes to their personal data without undue delay.

9.5. The Seller may entrust the processing of the Buyer's personal data to a third party acting as a processor. Apart from the parties responsible for transporting the goods, the Seller shall not transfer personal data to third parties without the Buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form via automated means, or in paper form via non-automated means.

9.7. The Buyer confirms that the personal data provided is accurate and acknowledges that the provision of such personal data is voluntary.

9.8. In the event that the buyer believes that the seller or the processor (Art. 9.5) is processing their personal data in a manner that is contrary to the protection of the buyer's private and personal life, or contrary to the law—particularly if the personal data are inaccurate in relation to the purpose for which they are being processed—the buyer may:

9.8.1 request an explanation from the seller or the processor,

9.8.2 demand that the seller or the processor rectify the situation.

9.9. If the buyer requests information regarding the processing of their personal data, the seller is obliged to provide such information. The seller is entitled to charge a reasonable fee for providing the information referred to in the preceding sentence, not exceeding the costs necessarily incurred in providing said information.

10. Sending of Commercial Communications and Storage of Cookies

10.1.The Buyer consents to the sending of information related to the Seller's goods, services, or business to the Buyer's electronic address, and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

10.2. The Buyer consents to the storage of so-called cookies on their computer. In the event that a purchase can be made on the website and the Seller's obligations arising from the purchase contract can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may withdraw the consent referred to in the preceding sentence at any time.

11. Final Provisions

11.1. If the relationship established by the purchase contract contains international (foreign) elements, the parties agree that the relationship shall be governed by Slovak law.

11.2. The choice of law pursuant to Article 11.1 of the Terms and Conditions shall not deprive the consumer of the protection afforded by mandatory provisions of law—provisions from which the parties may not derogate by agreement—that would otherwise apply in the absence of such a choice of law, in accordance with Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.3. If any provisions of the Terms and Conditions are or become invalid or ineffective, they shall be replaced by provisions whose purpose comes as close as possible to that of the invalid or ineffective provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

11.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

11.5. A template form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.

11.6. Seller's contact details: delivery address – Ulica Adama Štrekára 8145/57, 917 08 Trnava, Slovakia; email address – misosivko@gmail.com.

In Trnava, on 15 October 2026.