General Terms and Conditions

ODETTA s.r.o. (“Seller”, “we”) issues the following General Terms and Conditions governing the purchase of goods through the online store operated at www.tk-fashion.com (“E-shop”). These Terms apply to every purchase contract concluded between the Seller and a Buyer through the E-shop, unless the parties agree otherwise in writing.

I. Definitions

• “Seller” means ODETTA s.r.o., with its registered office at Karola Adlera 1932/1, Bratislava – mestská časť Dúbravka, 841 02, Slovak Republic, Company ID (IČO): 57 553 157, Tax ID (DIČ): 2122824264, VAT ID (IČ DPH): SK2122824264, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 198549/B, phone: +421 907 025 555, email: a.belkina@tk-fashion.com.
• “Buyer” means any person who concludes or intends to conclude a purchase contract with the Seller through the E-shop.
• “Consumer” means a Buyer who, within the meaning of Section 2(a) of Act No. 250/2007 Coll. on Consumer Protection, does not act within the scope of their trade, business, craft or profession when concluding and performing the Contract.
• “Goods” means movable items offered for sale through the E-shop, in particular clothing and fashion accessories.
• “Contract” means the purchase contract concluded between the Seller and the Buyer under these Terms, the subject of which is the delivery of Goods.
• “E-shop” means the online store operated by the Seller at www.tk-fashion.com, through which the Seller offers Goods for sale.
• “Terms” means this document, in the version in effect on the date the order is submitted.

The Seller conducts its business under a trade licence / extract from the Commercial Register and sells Goods exclusively to Consumers acting outside the scope of their trade or business (B2C retail). Anyone interested in a wholesale purchase should contact the Seller individually; these Terms do not apply to such purchases.

II. General Provisions and Governing Law

These Terms form an integral part of every Contract concluded through the E-shop.

Legal relations between the Seller and the Consumer not expressly governed by these Terms are governed by, in particular, Act No. 40/1964 Coll. (Civil Code), as amended; Act No. 108/2024 Coll. on Consumer Protection; Act No. 250/2007 Coll. on Consumer Protection; Act No. 22/2004 Coll. on Electronic Commerce; and related legislation of the Slovak Republic and the European Union.

Where the Buyer is a Consumer habitually resident in another EU member state and the mandatory consumer-protection law of that state offers the Consumer a higher level of protection than Slovak law, that more favourable law applies to the extent required by Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

Any disputes arising from the Contract or in connection with it will primarily be resolved by mutual agreement of the parties. Failing agreement, disputes will be settled by the competent courts of the Slovak Republic; this is without prejudice to any rights the Consumer has under Regulation (EU) No 1215/2012 (Brussels I bis), in particular the right to bring proceedings before the courts of their own country of habitual residence.

The Seller is not bound, in relation to the Buyer, by any code of conduct within the meaning of Section 2(r) of Act No. 108/2024 Coll.

The Seller does not use any premium-rate telephone numbers or other means of distance communication charged above the standard rate. The cost of using means of distance communication to conclude the Contract (e.g. internet access) is borne by the Buyer at their standard provider rates; the Seller does not charge any additional fee for the use of such means.

III. Conclusion of the Contract

No later than the start of the ordering process, the Seller clearly and legibly indicates on the E-shop any restrictions on the delivery of the Goods and the payment methods available to the Buyer, in accordance with Section 4(2) of Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended.

Before submitting an Order, the Buyer may review and correct the contents of the shopping cart, including the quantity of Goods, delivery details and any other information entered, in order to identify and correct input errors.

Immediately before the Order is submitted, the Seller provides the Buyer with the information required by applicable law, including the main characteristics of the Goods, the total price including all taxes and charges, and information on the Consumer's statutory right of withdrawal, in accordance with Section 4(3) of Act No. 108/2024 Coll.

The Seller ensures that, when submitting an Order, the Buyer expressly acknowledges that placing the Order creates an obligation to pay. The button or similar function used to submit the Order is clearly labelled "Order with obligation to pay" or with equivalent unambiguous wording in accordance with Section 4(4) of Act No. 108/2024 Coll. If this requirement is not fulfilled, the Buyer shall not be bound by the Order or by any resulting Contract in accordance with Section 4(6) of Act No. 108/2024 Coll.

By submitting an Order through the E-shop, the Buyer makes an offer to conclude a Contract with the Seller. The automatic acknowledgement of receipt of the Order generated by the E-shop serves solely as confirmation that the Seller has received the Order. Such acknowledgement does not constitute acceptance of the Buyer's offer and does not result in the conclusion of the Contract. The Contract is concluded only when the Seller expressly accepts the Order by sending an order confirmation to the Buyer via e-mail or by dispatching the Goods, whichever occurs first. The Seller shall provide the Buyer with confirmation of the concluded Contract on a durable medium without undue delay and no later than upon delivery of the Goods.

The Contract may be concluded in Slovak or English, at the Buyer's choice where such language option is available on the E-shop.

The Contract is a one-off sales contract and is not concluded for an indefinite period or for recurring performance. Unless otherwise expressly agreed, the Buyer assumes no continuing contractual obligations beyond payment of the purchase price and any applicable delivery charges.

The Seller does not require any deposit or advance payment prior to the conclusion of the Contract unless expressly stated for a specific Product. Payment shall be made in accordance with Article V.

The Seller does not maintain an online archive of concluded Contracts accessible to Buyers. The Buyer is therefore advised to retain the order confirmation e-mail, which serves as confirmation of the concluded Contract and includes or refers to the version of these Terms and Conditions applicable on the date the Order was submitted.

IV. Product Information and Prices

For each item of Goods, the E-shop states its main characteristics to the extent appropriate to the means of communication used and the nature of the Goods, available sizes and colours, price, and delivery-related information, in accordance with Section 4(1) of Act No. 108/2024 Coll.

All prices of Goods on the E-shop are shown in EUR and include value added tax. The applicable VAT rate is determined automatically based on the Buyer's delivery country in accordance with the EU One Stop Shop (OSS) scheme, and is shown on the product page, in the shopping cart, at checkout, and on the invoice. The price of the Goods does not include any bank charges for processing payment from abroad, which are borne by the Buyer.

Where the Seller informs the Buyer of a price reduction in any announcement (e.g. a struck-through price, a percentage discount, or any other promotional announcement), the Seller must also state the prior price of the Goods. The prior price is the lowest price at which the Seller sold the Goods during the 30 days preceding the price reduction, or, if the Goods were on sale for less than 30 days before the reduction, since the start of sale (Section 7 of Act No. 108/2024 Coll.). Where the price is reduced in successive steps, the Seller may state the original price before the first reduction as the prior price.

Where a price shown on the E-shop is obviously incorrect due to a technical or clerical error, the Seller is not obliged to deliver the Goods at that price. In such a case, the Seller will inform the Buyer of the correct price. If the Buyer does not accept the corrected price, the Order shall be cancelled without any cost to the Buyer.

Product photographs are illustrative; the actual Goods may differ slightly, in particular due to colour rendering on the Buyer's screen. The Seller reserves the right to correct obvious errors and inaccuracies in the description of the Goods that arise after publication on the E-shop.

V. Payment Terms

The Buyer may pay the purchase price and delivery costs using one of the methods offered at checkout:

• payment card (Visa, Mastercard) via the Stripe payment gateway,
• Apple Pay (via Stripe),
• Google Pay (via Stripe),
• SEPA Direct Debit (via Stripe),
• PayPal, in accordance with the terms of that service available at www.paypal.com,
• cash on delivery, i.e. in cash or by payment card upon receipt of the Goods from the carrier, where the carrier offers this option.

Bank transfer is not currently offered as a payment method. Card payments, Apple Pay, Google Pay and SEPA payments are processed by Stripe; PayPal payments are processed by PayPal, each in accordance with the relevant provider's own terms of service.

The purchase price and delivery costs are payable immediately upon submitting the order when paying by card, PayPal, Apple Pay, Google Pay or SEPA Direct Debit. For cash on delivery, the amount is payable to the carrier upon receipt of the Goods.

Where the Buyer selects cash on delivery, the Seller is entitled to charge a surcharge corresponding to the actual costs the Seller incurs from the contracted carrier for processing a cash-on-delivery payment. The amount of this surcharge varies by delivery country and chosen delivery method (courier / pickup point) and is shown to the Buyer when selecting the payment method during checkout, before the order is submitted. Cash on delivery may not be available for all delivery countries.

The Seller does not charge, for any payment method, a fee exceeding the actual costs it incurs through the use of that payment method, in accordance with Act No. 108/2024 Coll.

The Seller issues the Buyer with a tax document (invoice) in electronic form for the paid purchase price and sends it to the email address provided by the Buyer. By submitting the order, the Buyer consents, in accordance with Section 71(1) of Act No. 222/2004 Coll. on Value Added Tax, to the invoice being issued and sent electronically.

All prices on the E-shop are displayed exclusively in EUR, regardless of the country from which the Buyer accesses the E-shop.

VI. Delivery Terms and Costs

• The Seller currently delivers Goods to all European Union member states.
• Goods are delivered exclusively by the carrier engaged by the Seller; the Buyer cannot select an alternative carrier.
• In-person collection of Goods is not available.
• Specific delivery times, delivery areas and delivery costs for each country are shown on the E-shop's dedicated Delivery page and during checkout, before the order is submitted.
• Where a delivery time is not otherwise stated for a given item, the Seller delivers the Goods without undue delay and no later than 30 days from the conclusion of the Contract, in accordance with the relevant provisions of the Slovak Civil Code as in effect from 1 July 2024.
• Delivery is complimentary on orders exceeding €100, subject to the current terms shown on the Delivery page.

The Buyer acquires title to the Goods upon full payment of the purchase price. The risk of damage to the Goods passes to the Buyer at the moment of taking delivery of the Goods from the carrier, or, if the Buyer does not take delivery when the Goods are duly offered, at the moment the Seller makes the Goods available to the Buyer.

If the Seller fails to deliver the Goods within the period referred to above, or within any additional reasonable period granted by the Buyer, the Buyer may withdraw from the Contract. In that case, the Seller will refund all payments already made by the Buyer without undue delay, and no later than 14 days after receiving the withdrawal notice.

The Buyer is advised to inspect the parcel upon receipt from the carrier; if the packaging shows signs of damage, the Buyer may refuse to accept the parcel or note the damage with the carrier.

Force Majeure

The Seller shall not be liable for any delay in, or failure to, perform its obligations under the Contract where such delay or failure results from circumstances beyond the Seller's reasonable control. Such circumstances include, in particular, natural disasters, floods, fires, epidemics or pandemics, war, armed conflicts, terrorist acts, governmental measures, labour disputes, interruptions to transport, telecommunications or energy supply, cyber incidents, or failures of suppliers or carriers.

Where such circumstances occur, the Seller shall take reasonable steps to minimise their effects and shall resume performance as soon as reasonably practicable.

VII. Right of Withdrawal

The Consumer has the right to withdraw from the Contract without giving any reason within 14 days. The withdrawal period expires 14 days from the day on which the Consumer, or a third party other than the carrier and indicated by the Consumer, takes delivery of the Goods. Where Goods ordered together are delivered separately, the period runs from delivery of the last item (Section 19 of Act No. 108/2024 Coll.).

The Consumer may exercise the right of withdrawal by one of the following methods:

• through the dedicated electronic withdrawal function available directly on the E-shop's online interface (“Withdraw from the Contract” link in the website footer), in accordance with Section 20a of Act No. 108/2024 Coll.; upon submission of this electronic request, the Seller promptly provides the Consumer with confirmation of its receipt on a durable medium, stating the exact date and time of receipt,
• by an unambiguous written statement sent to the Seller's address or by email to a.belkina@tk-fashion.com; for this purpose the Consumer may, but is not required to, use the model form set out in Annex 1 to these Terms.

The withdrawal period is met if the Consumer sends the withdrawal notice no later than on the last day of the period.

The Consumer must send the Goods back to the Seller without undue delay, and no later than 14 days from the day of withdrawal, to the following address:

ODETTA s.r.o., c/o Fulfillment by FHB – FHB Group, s.r.o., Logistické centrum – Crystal Park, Priemyselná 1637/3, 900 21 Svätý Jur, Slovak Republic.

• The cost of returning the Goods is borne by the Consumer.
• The Seller will not accept Goods returned as a cash-on-delivery shipment; returns must be sent as a pre-paid shipment.
• The Consumer is liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. The absence of the original packaging alone shall not prevent the Consumer from exercising the statutory right of withdrawal. However, the Consumer may be liable for any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning in accordance with applicable law.
• The right of withdrawal does not apply to Goods delivered in a sealed package that is not suitable for return for reasons of health protection or hygiene, where the seal has been broken after delivery (e.g. certain underwear or swimwear items), to the extent permitted under Section 19(7) of Act No. 108/2024 Coll.

The Seller shall reimburse all payments received from the Consumer, including the cost of the least expensive standard method of delivery offered by the Seller, without undue delay and in any event no later than 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw from the Contract.

Where the Consumer has expressly chosen a method of delivery other than the least expensive standard delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs arising from the Consumer's chosen method of delivery.

Reimbursement shall be made using the same means of payment as used by the Consumer, unless the Consumer expressly agrees otherwise. The Seller may withhold reimbursement until the returned Goods have been received or until the Consumer provides proof that the Goods have been sent back, whichever occurs first.

If the Seller fails to provide the Consumer with the legally required information on the right of withdrawal before the Contract is concluded, the withdrawal period is extended by 12 months from the end of the original 14-day period; if the Seller provides this information within those 12 months, the withdrawal period expires 14 days after the Consumer receives it.

Detailed practical guidance on returning Goods is also available on the E-shop's dedicated Returns & Withdrawal page.

VIII. Liability for Defects

The Seller is liable for ensuring that the Goods are free of defects at the time of delivery to the Consumer and remain so for 24 months from delivery (Section 619 of the Civil Code). If a defect becomes apparent within two years of delivery, it is rebuttably presumed to have existed at the time of delivery; the burden of proving otherwise lies with the Seller (Section 620 of the Civil Code).

The Consumer must notify the Seller of a defect without undue delay after discovering it, and no later than two months from discovery and within the 24-month period referred to above (Section 621(3) of the Civil Code).

A defect may be notified:

• by email to a.belkina@tk-fashion.com,
• by sending the Goods, together with a description of the defect and proof of purchase, to: ODETTA s.r.o., c/o Fulfillment by FHB – FHB Group, s.r.o., Logistické centrum – Crystal Park, Priemyselná 1637/3, 900 21 Svätý Jur, Slovak Republic.

The Seller will promptly issue the Consumer with written confirmation stating the deadline by which the defect will be remedied; this deadline may not exceed 30 days from notification, unless a longer period is justified by an objective reason beyond the Seller's control (Section 622(3) of the Civil Code).

Remedies:

Where a defect is repairable, the Consumer has the right to have it remedied free of charge, promptly and properly. The Consumer chooses between repair and replacement; the chosen remedy cannot be required if it is impossible or would cause the Seller disproportionate costs relative to the price of the Goods or the severity of the defect (Section 623 of the Civil Code). The Seller may refuse to remedy the defect if repair and replacement are both impossible or would require disproportionate costs; in that case the Consumer is entitled to a reasonable price reduction or may withdraw from the Contract.

The Consumer is also entitled to a reasonable price reduction or may withdraw from the Contract where:

• the Seller has not repaired or replaced the Goods within the statutory deadline,
• the Seller has refused to remedy the defect,
• the Goods have the same defect again despite repair or replacement,
• the defect is of such a serious nature that it justifies an immediate price reduction or withdrawal, or
• the Seller has stated, or it is apparent from the circumstances, that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the Consumer

(Section 624 of the Civil Code). Any price reduction must be proportionate to the difference between the value of the defective Goods and the value they would have had without the defect.

The Consumer may not withdraw from the Contract if the Consumer contributed to the defect or if the defect is negligible; the burden of proving these facts lies with the Seller.

If the Seller declines liability for a defect, the reasons for declining must be communicated to the Consumer in writing (Section 622(4) of the Civil Code).

Where the complaint is justified, the Seller bears the costs associated with it, including the cost of sending the Goods to the Seller.

If the Consumer does not collect repaired or replaced Goods within six months of the date on which they should have been collected, the Seller may sell the Goods; for higher-value Goods, the Seller will notify the Consumer of the intended sale in advance and grant a reasonable additional period for collection. The proceeds of sale, less costs reasonably incurred for storage and sale, will be paid to the Consumer if a claim is made within a reasonable time (Section 623(5) of the Civil Code).

Liability for defects does not extend to defects caused by normal wear and tear, improper use, mechanical damage caused by the Consumer, or events beyond the Seller's control.

IX. Alternative Dispute Resolution

If a dispute arises between the Seller and the Consumer concerning the exercise of rights arising from liability for defects, or if the Consumer believes that the Seller has otherwise infringed the Consumer's rights, the Consumer may first contact the Seller with a request for redress.

If the Seller rejects the request or fails to respond within 30 days from the date of its receipt, the Consumer has the right to submit a proposal for alternative dispute resolution ("ADR") to an authorised ADR entity in accordance with Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes, as amended.

ADR may only be used for disputes arising out of or relating to the Contract and does not apply to disputes where the value of the claim does not exceed EUR 20 or to disputes excluded under Section 1(4) of Act No. 391/2015 Coll.

The competent ADR entity is the Slovak Trade Inspection (Slovenská obchodná inšpekcia – SOI):

Central Inspectorate: Ústredný inšpektorát SOI, Bajkalská 21/A, P. O. Box 29, 827 99 Bratislava, Slovak Republic;

Regional Inspectorate for the Bratislava Region: Inšpektorát SOI pre Bratislavský kraj, Bajkalská 21/A, P. O. Box 5, 820 07 Bratislava, Slovak Republic;

Website: www.soi.sk

A list of other authorised ADR entities is maintained by the Ministry of Economy of the Slovak Republic.

Consumers residing in another Member State of the European Union may use the competent ADR entity available in their country of habitual residence. Information about authorised national ADR entities within the European Union is available on the official website of the European Commission dedicated to consumer dispute resolution.

Participation in ADR is voluntary for the Consumer and does not affect the Consumer's right to seek judicial protection before the competent court.

X. Customer Accounts

The Customer may create a Customer Account on the E-shop to place and manage Orders, view order history and save delivery addresses. Registration is voluntary, free of charge and is not a condition for concluding the Contract. The Customer is responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their Customer Account.

The Seller may suspend or delete a Customer Account where it has not been used for more than twelve (12) consecutive months or where the Customer materially breaches these Terms and Conditions. Suspension or deletion of a Customer Account shall not affect any rights or obligations arising from Contracts concluded before the Customer Account was suspended or deleted, nor shall it affect the Seller's obligation to retain certain information where required by applicable law.

XI. Cookies and Personal Data

The E-shop uses cookies to ensure its functioning, to analyse traffic, and subject to the Buyer's prior consent for marketing purposes. Details are set out in the separate Cookie Policy, accessible via the “Cookie settings” link on the E-shop. Information about the processing of personal data is set out in the separate Privacy Policy.

XII. Final Provisions

• These Terms are available on the E-shop and may be archived and reproduced by the Buyer (e.g. by printing or saving as a PDF).
• The Seller reserves the right to amend these Terms. The version of the Terms in force at the time the Contract is concluded applies to that Contract.
• If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected.
• Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions.
• Annex 1 (Model Withdrawal Form) forms an integral part of these Terms.

Annex 1 – Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the Contract.)

To: ODETTA s.r.o., Karola Adlera 1932/1, Bratislava – mestská časť Dúbravka, 841 02, Slovak Republic, a.belkina@tk-fashion.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Bank account (IBAN), where applicable

Signature of consumer(s) (only if this form is notified on paper):

Date: