Terms and conditions

1. INTRODUCTORY PROVISIONS
a) These General Terms and Conditions (hereinafter referred to as the “GTC”) are valid and effective as of May 1, 2019, and apply to all purchase agreements concluded between the company Gupama s. r. o., with its registered office at Ota Holúska 9093/3C, 841 06 Bratislava – Záhorská Bystrica, Slovak Republic, Company ID: 47345951, VAT ID: 2023827333, registered in the Commercial Register of the District Court Bratislava III, Section Sro, Insert No. 90979/B (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Buyer”), made in connection with or on the basis of the purchase of goods offered by the Seller in the online store at www.mossdesign.eu (hereinafter referred to as the “Online Store”), and form an inseparable part of every purchase agreement concluded between the Seller and the Buyer (hereinafter referred to as the “Purchase Agreement”), unless the parties have explicitly agreed otherwise.

b) These GTC shall also apply, as appropriate, to all purchase agreements concluded between the Seller and the Buyer by telephone, fax, or other means of remote communication.

c) The Seller reserves the right to modify or supplement the wording of these GTC. This provision does not affect the rights and obligations arising prior to the effective date of the new version of the GTC.

d) The Purchase Agreement and the GTC are drawn up in the Slovak language. The Purchase Agreement may be concluded in the Slovak language.

e) All product prices in the Online Store are final and include VAT. The price of the product does not include delivery costs. These are specified in the “Payment Terms and Shipping” section and in the shopping cart before the order is completed, where the Buyer can also see the total price of the order including delivery costs.
All promotions listed on this website are valid while supplies last.

2. CONCLUSION OF THE PURCHASE AGREEMENT

a) The Online Store contains an offer of goods available for sale by the Seller. Each offer of specific goods includes the product name, the final price in EUR, stock availability, shipping costs, and a basic description of the goods. This does not affect the possibility of the Seller and Buyer concluding a Purchase Agreement under individually agreed terms.

b) For the avoidance of any doubt, if the Seller offers services or similar performances through the Online Store, the provisions of these GTC related to the sale of goods shall apply accordingly, unless explicitly stated otherwise.

c) The Buyer places selected goods from the Online Store’s offer into the shopping cart. After logging in, registering, or providing identification details during a guest checkout, and selecting the method of delivery and payment, the Buyer is informed of the final purchase price. This price includes the total for the selected goods in the cart, all related services, taxes or other fees, and the cost of delivery. Before submitting the order, the Buyer is able to review and modify the order at any time—specifically, to change the cart’s contents or correct any information related to the quantity of goods, shipping and billing details, and method of payment or delivery. By submitting the order, the Buyer accepts the Seller’s offer for the goods in the shopping cart, agrees to these GTC, and makes an irrevocable offer to the Seller to conclude the Purchase Agreement.

d) The Seller is entitled to reject any order not made in accordance with these GTC or return it to the Buyer for completion, providing a reasonable deadline for doing so. If the deadline passes without action, the order is considered as never having been placed.

e) The Seller will confirm receipt of the Buyer’s order without undue delay via email, sent to the email address provided by the Buyer during account registration, in the order, or by other appropriate means.

f) The Purchase Agreement is concluded at the moment the Seller confirms receipt (acceptance) of the Buyer’s order, at which point the Seller is obliged to procure and deliver the goods (or any related services ordered), and the Buyer becomes obliged to pay the agreed price. No Purchase Agreement is concluded if the order is not accepted or is accepted with reservations.

g) The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with a person who has previously materially breached a Purchase Agreement or these GTC, or who has any overdue obligations to the Seller at the time of ordering. The Seller reserves the right not to deliver selected goods to the Buyer, particularly in cases where the Online Store has mistakenly listed clearly incorrect information—especially concerning the product, its price, or delivery date. In such cases, the Seller undertakes to return any amount already paid by the Buyer.

h) By concluding the Purchase Agreement, the Buyer agrees to these GTC and declares that they had the opportunity to become acquainted with them prior to concluding the agreement. These GTC are available to the Buyer at any time at:
https://www.eshop.mossdesign.sk/obchodne-podmienky
Any costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement are borne by the Buyer.

3. PAYMENT TERMS AND DELIVERY

a) The price of the goods is valid at the time the Seller’s offer is made in the Online Store and is stated in EUR, including all applicable taxes and other related fees. Charges for delivery, additional services, and any other applicable fees according to these GTC are not included in the price of the goods, but are charged separately. The total final amount that the Buyer is obliged to pay upon conclusion of the Purchase Agreement is increased by these additional charges.

b) Unless otherwise agreed by the parties, and if the Online Store allows selection of one of the following payment methods, the Buyer may choose from the available options and pay the agreed amount within the period specified in the Purchase Agreement using the following methods:

1. Bank transfer to the Seller’s account at Fio Banka
   Account number: 2800454755/8330
   IBAN: SK29 8330 0000 0028 0045 4755
2. Cash on delivery, available for orders up to €500, with an additional fee of €2
3. Online card payment via the Besteron payment gateway

c) In the case of a bank transfer, the purchase price is due within five (5) days of concluding the Purchase Agreement, unless a longer period is specified on the invoice.

d) In the case of a bank transfer, the Buyer is required to include the variable symbol provided by the Seller when making the payment; the variable symbol will be the invoice number. For bank transfers, the Buyer’s payment obligation is fulfilled once the funds are credited to the Seller’s account.

e) The Buyer acquires ownership of the goods specified in the Purchase Agreement only upon full payment of the purchase price.

f) Shipping and packaging fees are charged in accordance with the current price list of the delivery service providers, displayed alongside the product price during the purchase process. Unless otherwise stated in the Online Store, the following shipping charges apply:

1. Courier service
   • Package weight up to 2 kg: €10
   • Package weight 2–5 kg: €12
   • Package weight 5–10 kg: €14
   • Package weight 10–20 kg: €20

The above prices apply to deliveries within the territory of the European Union (excluding Northern Ireland).

g) The Seller reserves the right to handle large-volume orders under individually agreed conditions.

4. DELIVERY TERMS

a) The delivery of goods will be carried out as follows:

1. The delivery of ordered goods will be arranged as quickly as possible, depending on product availability and the Seller’s operational capacity, via courier services such as GLS, DHL, or FEDEX. The average dispatch time for our goods ranges from 7 to 28 business days after the payment has been credited to the Seller’s account. For goods that are not in stock, the Buyer will be notified in advance by email or phone regarding any changes to the delivery time.
2. For goods in stock and paid in advance, dispatch will take place within three (3) business days after the payment has been credited to the Seller’s account.

b) The Buyer is obliged to accept the ordered goods and, upon receipt, to properly inspect and check the delivery. By signing the delivery note, the Buyer confirms the receipt of the goods—particularly the correctness of the quantity and type of goods as stated in the delivery document.

c) Shipments returned to the Seller as unclaimed will only be resent upon the Buyer’s request, and the Buyer is always required to cover the shipping costs for the repeated delivery.

d) If the Online Store allows the option to choose the method of delivery, the Seller and the Buyer may agree on a specific place for pick-up or delivery. If such a place is not explicitly agreed upon by the parties, or if the Online Store does not allow the choice of delivery method, the default delivery location will be the collection point of the Seller, as per subsection (a) above.

1. Delivery to the location specified by the Buyer:
   The Seller will inform the Buyer via email when the goods are dispatched to the delivery address specified by the Buyer. Delivery will be carried out by the courier service selected based on the Buyer’s shipping choice in the Online Store, usually on the next business day following dispatch, but no later than within the timeframe stated in Article 4.1 of these terms and conditions.
   If the Buyer fails to accept the goods on the agreed date or if delivery is unsuccessful due to reasons on the Buyer’s side—even after rescheduling—the goods will be returned to the Seller.

The Seller does not deliver to locations outside the territory of the EU, unless specifically agreed otherwise in an individual case.

5. LIABILITY FOR DEFECTS

a) The Seller is liable to the Buyer for ensuring that the sold goods are in conformity with the Purchase Agreement, particularly that they are free from defects. Conformity with the Purchase Agreement means that the goods have the quality and performance agreed upon in the contract, described by the Seller, manufacturer, or their representative, or expected based on advertising, and that the goods possess the usual properties of items of the same kind, comply with legal requirements, are delivered in the correct quantity, measure, or weight, and are suitable for the purpose stated by the Seller or for which such goods are normally used.

b) Any lack of conformity with the Purchase Agreement that becomes apparent upon delivery or within six (6) months of delivery is deemed to have existed at the time of delivery. If the goods are not in conformity with the contract, the Buyer has the right to have the goods brought into conformity free of charge and without undue delay — either by repair or replacement, depending on the Buyer’s preference. If neither is possible, the Buyer may request a reasonable price reduction or withdraw from the contract.

c) The warranty period is twenty-four (24) months, unless otherwise agreed or required by applicable law, and starts from the day the Buyer receives the goods. The Buyer may make a claim either at the Seller’s business premises or by mail to:

Mossdesign s. r. o., Wolkrova 2/A, 85101 Bratislava, Slovak Republic.
To file a claim, the Buyer must provide proof of purchase — such as an invoice, purchase contract, or warranty certificate (if issued). If the Buyer cannot present these documents, they must prove the contract’s conclusion by another verifiable method.

d) If the defect is repairable, the Buyer is entitled to a free, timely, and proper repair. The Seller must remedy the defect without undue delay. If the defect affects only a component of the item, the Seller may replace just the defective part, unless the cost is disproportionately high compared to the total value of the goods or the defect’s severity. The Seller may always replace the entire item instead of repairing it, provided this does not cause unreasonable inconvenience to the Buyer.

e) If the defect is unrepairable and prevents proper use of the item, the Buyer is entitled to a replacement or to withdraw from the contract. The same applies if a repairable defect reoccurs (i.e. the same defect has already been repaired at least twice during the warranty period and occurs a third time), or if there are multiple defects that prevent normal use. For other unrepairable defects, the Buyer may request a reasonable price reduction.

f) Claims, including defect removal, must be resolved within thirty (30) calendar days of being submitted. If this period is exceeded, the Buyer has the same rights as in the case of an unrepairable defect.

g) Upon submission of a claim, the Seller is obliged to issue a confirmation to the Buyer. After the claim is resolved, the Seller must issue a written statement about the outcome.

h) If the goods are damaged during transport, the Buyer must draw up a damage report with the carrier and refuse delivery. The Buyer must also notify the Seller immediately — no later than within 24 hours — by phone or email: sales@mossdesign.sk

j) The warranty covers manufacturing defects that affect the product’s functionality under normal, reasonable use, operating conditions, and proper maintenance.

k) The warranty does not cover damage or defects resulting from the passage of time, wear and tear, neglect, excessive loading, improper installation by the Buyer, mishandling during the Buyer’s own transport, or improper use. For example, mechanical damage to moss products or fading due to UV exposure (from incorrect placement) is not covered. The warranty also excludes defects caused by intentional damage, negligence, improper use, or placement in unsuitable environments. The warranty is limited to the value of the goods, and the Seller expressly disclaims any liability for indirect or consequential damages.

l) The warranty period is extended by the duration of the warranty repair — from the date the item is received for repair until the Buyer is obliged to collect it. If the item is replaced, a new 24-month warranty applies or the remaining warranty period of the original item, whichever is longer.

m) A warranty certificate may be supplied with the goods. If not, the invoice or sales receipt replaces it.

n) Buyers who are not consumers are subject to the relevant provisions of the Slovak Commercial Code. They must report any defects in writing to the Seller no later than three (3) months from the date of receipt.

o) Maintenance instructions and care guidelines for goods are available upon request.

p) In general, moss and lichen products must not come into direct contact with water. These products must not be placed in direct sunlight. The room temperature should be between 15°C and 38°C. Do not use synthetic or aggressive cleaning agents, acetone, trichloroethylene, ammonia, or any cleaners containing even small amounts of these substances, as they may damage surfaces. Avoid abrasive cleaners such as powders, scouring creams, pads, or rough sponges.

r) Color variations in moss material do not constitute a defect, as the product is made entirely from natural materials.

Maintenance of Mossdesign Moss Walls

Moss walls or artworks by Mossdesign are intended exclusively for indoor use and must not be exposed to direct weather conditions, such as rain or wind.

Moss and other preserved plants used in Mossdesign products are genuine natural materials, hand-harvested in nature and subsequently stabilized. As the term suggests, the moss is preserved in its natural form, retaining its appearance, structure, softness, color, and scent.

The ideal environment for moss walls is an interior space with a relative humidity between 40% and 65%.

If the relative humidity drops below 40%, the following may occur:

• The moss may become firm or hard to the touch and is then more prone to permanent damage.
• Hardening of the moss does not affect its quality — it is a natural reaction to the surrounding air humidity.
• Once the proper humidity level is restored, the moss regains its flexibility and resilience.
• Moss is no longer a living organism; it has been stabilized with a special solution and therefore must never be watered, sprayed, or misted under any circumstances.

If relative humidity exceeds 65%, there is a risk of mold formation, which may damage the moss wall or artwork beyond repair.

To ensure the maximum lifespan of your moss product:

• Avoid direct sunlight, as it may cause the moss pigments to fade more quickly, thereby shortening its lifespan.
• Since moss walls do not require daylight, they can be placed in locations where live plants would not survive.

Expected Lifespan of Moss Products:

• Lichen walls have the longest lifespan, lasting approximately 8–10 years.
• BOLMOSS, SIBERIAN MOSS, and FLATMOSS typically last 5–7 years.
• Stabilized plants have a lifespan of about 3–4 years.

The actual lifespan of the product depends primarily on humidity levels and exposure to direct sunlight.

Moss walls are custom-made to the client’s specifications. It is possible to choose any dimension for the wall or artwork. The most common backing material is hardened wood; for special projects, aluminum panels may be used instead. For larger walls, the installation consists of multiple panels that are joined together during assembly to form one continuous surface.

• Small installations usually take a few hours to mount.
• Medium-sized walls may require a full day.
• Projects over 40–50 m² are considered large-scale and may take several days to install.

It is strongly recommended that moss walls be installed as the final element in the interior space. All other construction or installation work (especially those that generate dust or debris) should be completed beforehand, as construction dust is extremely difficult to remove from moss surfaces.

b) Sale of goods outside the e-shop offer

The company Gupama s. r. o. processes the following personal data of the customer:

• (i) For the purchase of goods outside the e-shop offer and delivery: name, surname, phone number, email address, address, details of the purchased goods, and payment-related data (account number, paid amount, date of payment credited to the account of Gupama s. r. o.).
• (ii) For handling complaints: in addition to the data in (i), data about the complained goods and information provided by the customer when filing the complaint.
• (iii) For handling insurance claims: in addition to the data in (i), data about the insured goods and information provided by the customer when reporting the insurance claim.

The legal basis for processing personal data is Article 6(1)(b) GDPR.

Processing by Gupama s. r. o. is:

• (i) For the purchase of goods outside the e-shop offer, delivery of goods to the customer, and handling insurance claims necessary for performance of the contract of sale or insurance agreement.
• (ii) For handling complaints, necessary for compliance with a legal obligation.

Recipients of personal data include:

• Courier, storage, fulfillment, or transport companies responsible for storing or delivering goods to the customer, acting as either joint controllers or processors.
• In relation to handling complaints and insurance claims: service partners, suppliers, insurance companies, external legal representatives, other consumer protection authorities, and transport companies.
• Financial authorities, tax advisors, and auditors acting as controllers or processors when necessary for fulfilling legal obligations of Gupama s. r. o.

Personal data is processed for the duration of the contract of sale and during the warranty period of the delivered goods.

c) Registration and operation of the e-shop

The company Gupama s. r. o. processes the following personal data for the purposes of registration and operation of the e-shop: name, surname, telephone number, email address, address, and order history. The legal basis for the processing of personal data is Article 6(1)(b) of the GDPR. Processing by Gupama s. r. o. is necessary to ensure registration in the e-shop and the operation of the e-shop. Personal data is processed for the duration of the registration in the e-shop.

d) Providing telephone and email support to customers

The company Gupama s. r. o. processes the following personal data for the purpose of providing telephone and email support: name, surname, telephone number, email address, address, order history, and in case of telephone support, recordings of calls to the hotline. The legal basis for processing personal data is Article 6(1)(b) GDPR and, with regard to call recordings, Article 6(1)(a) GDPR (consent). Processing by Gupama s. r. o. is necessary to provide support; in the case of audio recordings, consent and thus the processing of personal data via audio recording is voluntary. Personal data is processed for the duration of the warranty period of the purchased goods.

e) Handling customer complaints

The company Gupama s. r. o. processes the following personal data for the purpose of handling customer complaints: name, surname, data included in the complaint, and depending on how the customer submitted the complaint, also their address, telephone number, or email address. The legal basis for processing personal data is Article 6(1)(b) GDPR. Processing by Gupama s. r. o. is necessary to resolve the customer complaint. Personal data is processed for the period until the complaint is resolved.

f) Competitions on Facebook

The company Gupama s. r. o. processes the following personal data for the purpose of running competitions via Facebook: data provided in the competitor’s profile and, in case of a winner, their name, surname, telephone number, address, and photograph with the prize. The legal basis for processing personal data is Article 6(1)(b) GDPR. Processing by Gupama s. r. o. is necessary for running the competition in accordance with its rules. Recipients of the winner’s personal data including photograph and possibly name and surname tagging is Facebook Ireland Ltd., located at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as the data controller, which will process the personal data in accordance with its Privacy Policy (https://www.facebook.com/policy.php).

g) Providing support via Facebook

If a data subject requests support via Facebook, the company Gupama s. r. o. processes the personal data contained in the Facebook profile of the data subject and any data voluntarily provided by the data subject during communication. The purpose of processing these personal data is to provide support at the customer’s request, with the legal basis being Article 6(1)(b) GDPR. Providing personal data and their processing by Gupama s. r. o. is necessary to provide support upon the customer’s request. The recipient of the personal data is Facebook Ireland Ltd., located at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as data controller, which will process personal data in accordance with its Privacy Policy (https://www.facebook.com/policy.php). Personal data is processed for the duration necessary to provide the requested support.

h) Enforcement of claims

The company Gupama s. r. o. processes the following personal data for the purpose of enforcing claims: data stated in contracts with customers and suppliers, data stated in complaints, data necessary for filing lawsuits by Gupama s. r. o., data stated in lawsuits filed against Gupama s. r. o., data recorded in theft records, accounting data, and other data necessary in connection with the enforcement of claims or defense of the interests of Gupama s. r. o. The purpose of processing these personal data is…

h) Enforcement of claims

The company Gupama s. r. o. processes the following personal data for the purpose of enforcing claims: data stated in contracts with customers and suppliers, data stated in complaints, data necessary for filing lawsuits by Gupama s. r. o., data stated in lawsuits filed against Gupama s. r. o., data recorded in theft records, accounting data, and other data necessary in connection with the enforcement of claims or defense of the interests of Gupama s. r. o. The purpose of processing these personal data is the legitimate interest of the controller, and the legal basis for processing is Article 6(1)(f) of the GDPR. Processing by Gupama s. r. o. is necessary for the legitimate interests of the company, which include protection of its property and protection against unjustified claims against the company. Recipients of personal data include:

• courts, public authorities, legal representatives, tax advisors, and other professional advisors acting as controllers.

Personal data is processed for the duration of the court proceedings and the statute of limitations period during which claims may be made against Gupama s. r. o., or during which the company may enforce its own claims.

i) Compliance with legal obligations

Gupama s. r. o. processes personal data listed in sections 6.2.1) to 6.2.8) for the purpose of fulfilling its legal obligations. The legal basis for processing is Article 6(1)(c) of the GDPR (e.g., accounting law, VAT law, income tax law, consumer protection law, archives and records law). Processing of personal data by Gupama s. r. o. is necessary to fulfill the legal obligations of the company. Recipients of personal data include:

• tax advisors, auditors, courts, and public authorities acting as controllers.

Personal data is processed for the period required by the applicable legal regulations.

j) Sending commercial communications (e.g., newsletters) regarding similar products and services to those you have purchased from us

Gupama s. r. o. processes the following personal data for the purpose of sending commercial communications: name, surname, telephone number, email address, and order history. The legal basis for processing personal data is Article 6(1)(a), (b), and (f) of the GDPR. The recipient of personal data as a processor is Ecomail – ECOMAIL.CZ, s.r.o., Company ID: 027 62 943, based at Na Zderaze 1275/15, 120 00 Prague 2. We use this entity to ensure secure delivery of commercial communications. During this cooperation, the processor may process the personal data you provide us, including name, surname, telephone number, email address, and order history. Personal data will be processed for 10 years or until you express your objection to further receiving such communications. You can easily express this objection via the unsubscribe link found in the footer of every email containing the communication, or in writing by sending a letter to the company’s registered address, electronically by email to the above-mentioned email address, or by telephone to the above-mentioned number.

6.3 Rights of the data subject

The data subject has the right to file a complaint with the Office for Personal Data Protection of the Slovak Republic if they believe their rights established by the GDPR or relevant legal regulations have been directly affected. The data subject has the following rights towards the controller:

(i) the right to request access to personal data,
(ii) the right to request correction of personal data,
(iii) the right to request deletion of personal data,
(iv) the right to request restriction of processing of personal data,
(v) the right to data portability, and
(vi) the right to object to the processing of personal data.

The data subject may exercise these rights by contacting the company Gupama s. r. o. via:
a) written request by sending a letter to the company’s registered address, specifying the name and surname of the responsible person under the company name,
b) electronic request by sending an email to the above-mentioned email address, or
c) by telephone at the above-mentioned phone number.

Applicable legal regulations:
The relevant legal regulations include especially the GDPR, the applicable Personal Data Protection Act in its effective wording, and other applicable generally binding legal regulations.

7. WITHDRAWAL FROM THE PURCHASE CONTRACT

Pursuant to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises and on the Amendment and Supplementation of Certain Acts (hereinafter referred to as the “Consumer Protection Act”), the Buyer as a consumer is entitled, even without giving a reason, under the Consumer Protection Act to withdraw from the Purchase Contract within 14 (fourteen) days from the receipt of the goods. The goods are considered received by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, takes possession of all parts of the ordered goods, or if:

• goods ordered by the consumer in one order are delivered separately, at the moment of receipt of the goods that were delivered last,
• goods consisting of several parts or pieces are delivered, at the moment of receipt of the last part or piece,
• goods are delivered repeatedly during a specified period, at the moment of receipt of the first delivered goods.

The Buyer as a consumer may not withdraw from a contract if its subject is:

• the provision of a service if its provision has begun with the explicit consent of the consumer and the consumer declared that he was properly informed that by giving this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
• sale of goods or provision of services whose price depends on fluctuations in financial market prices that the seller cannot influence and which may occur during the withdrawal period,
• sale of goods made according to the consumer’s special requirements, goods made to measure, or goods specifically designated for one consumer,
• sale of goods subject to rapid deterioration or spoilage,
• sale of goods sealed for health protection or hygiene reasons which are not suitable to be returned if the protective seal was broken after delivery,
• sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
• sale of alcoholic beverages whose price was agreed at the time of contract conclusion, where delivery can be made only after 30 days and whose price depends on market price fluctuations that the seller cannot influence,
• carrying out urgent repairs or maintenance requested expressly by the consumer; this does not apply to service contracts and contracts for the sale of goods other than spare parts needed for repairs or maintenance, if concluded during the seller’s visit to the consumer and if the consumer did not order these services or goods in advance,
• sale of audio recordings, video recordings, audiovisual recordings, books, or computer software sold in a sealed package, if the consumer has unsealed the package,
• sale of periodicals except for sales based on a subscription agreement and sale of books not delivered in a sealed package,
• provision of accommodation services for purposes other than accommodation, transportation of goods, car rental, catering services, or services related to leisure activities which the seller commits to provide at an agreed time or within an agreed period,
• provision of electronic content other than on a tangible medium if its provision began with the explicit consent of the consumer and the consumer declared that he was properly informed that by giving this consent he loses the right to withdraw from the contract.

The Buyer’s notice of withdrawal from the Purchase Contract must be sent to the Seller before the withdrawal period expires, i.e., the withdrawal period is considered met if the notice of withdrawal was sent to the Seller no later than on the last day of the period. The Buyer is obliged to return the goods to the Seller or to a person authorized by the Seller to collect the goods no later than 14 (fourteen) days from the withdrawal from the contract. For quick processing, the goods must be returned to the Seller’s business address, i.e., Wolkrova 2/A, 85101 Bratislava.

By withdrawing from the Purchase Contract, the contract is canceled from the beginning. The Seller is obliged to take back the goods and refund the Buyer without undue delay, no later than within 14 days from the day of receipt of the withdrawal notice, the price paid for the goods by bank transfer to the Buyer’s account, including costs incurred by the Buyer in connection with the ordering of the goods, as well as all payments received from the Buyer under or in connection with the Purchase Contract. The Seller must refund the Buyer using the same payment method used by the Buyer, unless otherwise agreed by the Buyer and the Seller, provided that no additional fees are charged to the Buyer in connection with such a different payment method.

The Buyer may exercise the right to withdraw from the contract to the Seller by one of the following means:

• sending an electronic mail (email) to the Seller’s email address info@mossdesign.sk
• personally at the Seller’s registered office during opening hours.

The Buyer may also use the withdrawal form to withdraw from the contract.

In case of doubt about delivery, a notice of withdrawal sent by the Buyer is considered delivered after the time reasonable for the chosen delivery method has passed, provided that the Buyer can prove that the notice was sent to the address notified to the Buyer by the Seller or to the address whose change was duly notified to the Buyer by the Seller after the conclusion of the contract.

The burden of proof of exercising the right to withdraw lies with the Buyer.

The right to withdraw from the contract explicitly does not apply to entities not meeting the definition of a consumer under Section 2(a) of Act No. 250/2007 Coll. on Consumer Protection.

8. BUYER WHO IS NOT A CONSUMER

a) If the Buyer is not a consumer within the meaning of § 52(4) of the Civil Code, the provisions of Articles 2, 3, 5, and 7 of these Terms and Conditions shall not apply.

b) A Buyer who is not a consumer within the meaning of § 52(4) of the Civil Code is granted a warranty for the quality of the goods lasting 12 (twelve) months, which begins to run from the date the Buyer takes possession of the goods.

c) The Seller accepts orders only from business entities registered in the relevant register according to Slovak legal regulations. The provisions on delivery according to Article 4.2 of these Terms and Conditions remain unaffected.

d) The Purchase Contract between the Seller and a Buyer who is not a consumer within the meaning of § 52(4) of the Civil Code is concluded on the day the agreed payment for the ordered goods is received in the Seller’s account.

e) If the ordered goods are intended for resale to customers, instead of these Terms and Conditions, the terms and conditions for resellers shall apply, which are available upon request.

f) The Seller shall not be liable for damages or lost profits towards third parties.

9. TERMS OF USE OF GIFT VOUCHERS

a) The value stated on the voucher will be deducted from the purchase price only in the Gupama s.r.o. online store, with its registered office at Ota Holúska 3C, 84106 Bratislava;

b) After using the payment code, the voucher becomes invalid;

c) The voucher cannot be used to purchase new gift vouchers;

d) The gift voucher is non-refundable and cannot be partially or fully exchanged for cash;

e) The value of the voucher cannot be split across multiple purchases; the voucher may only be used for a single purchase;

f) The voucher is valid for one year from the date of purchase; after this period, the gift voucher becomes invalid, and no extension of the validity period from the date of issue is allowed;

g) For goods purchased using a gift voucher, in case of return, withdrawal from the purchase contract, or justified complaint, the refunded amount will be returned via a replacement gift voucher;

h) Electronic gift vouchers are sent to the email address of the recipient specified by you within 48 hours of payment;

i) Paper gift vouchers are sent by the chosen carrier specified in the shopping cart to the recipient’s address you provided within three business days of payment;

j) It is your responsibility to provide the correct email address/delivery address for the delivery of gift vouchers. If delivery to the given address is not possible, we reserve the right to suspend the delivery of gift vouchers. We are not responsible for any failure or delay in delivery caused by incorrect information;

k) For detailed information on how to use the voucher for purchases through the e-shop, please contact the responsible person – Jozef Gúber, phone +421 917 256 862, or by email at info@mossdesign.sk;

l) Gupama s.r.o. is not responsible after the sale of the voucher for gift vouchers that are subsequently lost, stolen, or damaged;

m) Treat the gift voucher as cash. In case of loss, theft, or expiration of the voucher, no amount can be paid out from the voucher.

10. DELIVERY

a) Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other contracting party in writing, either by email, in person, by registered mail via a postal service operator, or by fax (at the sender’s choice).

b) Contact details of the Seller: delivery address Gupama s.r.o., Ota Holúska 3C, 841 06 Bratislava, Slovak Republic, email address mossdesignsk@gmail.com.

11. FINAL PROVISIONS

a) All legal relations between the Seller and the Buyer are governed by the legal system of the Slovak Republic. Relations not regulated by the Purchase Agreement or these General Terms and Conditions (GTC) are governed by the Civil Code, the Consumer Protection Act, and, where the Buyer is not a consumer, by the Commercial Code.

b) If any provision of the GTC is invalid or ineffective, or becomes so, the provision whose meaning most closely approximates the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Purchase Agreement or the GTC require written form.

c) The Purchase Agreement, including the GTC, is archived by the Seller in electronic form.

d) Materials, photographs, and texts published in the online store are protected by copyright. Products and services listed on the website, information about them, and their images may be protected by other intellectual property rights of the respective owners. Names and designations of products, services, companies, and firms may be registered trademarks of their respective owners.

The website content is protected by Act No. 618/2003 Coll. Any use of parts or the entirety of the written or graphic content of the website without the written permission of the website owner is prohibited. All photos and other graphic elements on the website are the exclusive intellectual property of GUPAMA. Commercial and non-commercial use of photos and graphic elements requires GUPAMA’s consent and payment of a license fee of €5,000 excluding VAT for each individual photo separately. Use of photos and other graphic elements without consent is illegal. All rights reserved © 2024 Mossdesign.