1. Introductory provisions

1.1. These Terms and Conditions (hereinafter referred to as ‘T&C’) Tibor Asztalos – Aszti EXPRESS
with registered office at Petőfiho 287/21, 98601, Biskupice, Slovak Republic ID No.: 51393425 TIN No.: 1122195393, Trade Register: 640-20383 (hereinafter referred to as the ‘Seller’), regulate the mutual rights and obligations of the parties arising from the purchase contract between the Seller and the Buyer, concluded through the Seller’s online store operated on the website www. fantasy-dragon.sk (hereinafter referred to as the ‘e-shop’), the subject of which is the sale and, where applicable, delivery of goods.

1.2 These T&C form an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the wording of the OP.

1.3 Legal relations between the Seller and the Buyer, who, when concluding and performing the Purchase Contract, is not acting within the scope of his/her trade or other business activity or within the scope of his/her profession (hereinafter referred to as the ‘Consumer’), shall be subject to the provisions of these OPs, the relevant provisions of Act No. 40/1964 Coll, Civil Code, as amended (hereinafter referred to as the ‘Civil Code’), the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended (hereinafter referred to as the ‘Consumer Protection Act’) and the provisions of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises, as amended (hereinafter referred to as the ‘Act on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract’).

1.4 Legal relations between the Seller and the Buyer, who, when concluding and performing the contract, acts within the scope of his/her trade or other business activity or within the scope of his/her profession (hereinafter referred to as the ‘Entrepreneur’), are subject to the provisions of these OP and the relevant provisions of Act No. 513/1991 Coll., Commercial Code, as amended (hereinafter referred to as the ‘Commercial Code’).

1.5 If the term ‘Buyer’ is used in these OPs, it shall be understood to mean a Buyer who is a consumer as well as a Buyer who is an entrepreneur, unless otherwise specified in the relevant provision of the OPs.

2. Conclusion of the contract of sale, impossibility of performance

2.1. Any presentation and offer of goods in the e-shop shall only be deemed to be an invitation to submit proposals for the conclusion of a purchase contract. The Buyer’s order is only a proposal for the conclusion of a purchase contract and does not bind the Seller to accept it and to conclude the purchase contract. The Seller is not obliged to conclude a contract of sale, the subject of which is to be the ordered goods.

2.2 Depicted accessories, accessories and decorative items are not part of the offered goods, unless expressly stated otherwise in the description of the goods.

2.3 The Purchase Contract is concluded by means of remote communication without the simultaneous physical presence of the Seller and the Buyer, which enables separate connection and storage of data, via the e-shop. The Buyer is obliged to familiarize himself with these OP and the Complaints Procedure before concluding the Purchase Contract.

2.4 The Buyer may place an order in the following ways:

by telephone at +421 948605677;
by e-mail at motyl.efekt@gmail.com;
via the electronic shop www.fantasy-dragon.sk (hereinafter referred to as the ‘e-shop’);

Purchase in the e-shop is made by filling in the order form, which contains information about:

the goods ordered;
identification of the buyer, including the place of delivery of the goods;
the total price of the goods, including all taxes and fees and other similar monetary benefits;
the method of payment of the total price of the goods and the cost of delivery of the goods;
the method of delivery of the goods;

2.5 By confirming the button with the text ‘Order’ (or other similar text of the same meaning), the Buyer gives the Seller a binding proposal to enter into a contract of sale, which includes the Buyer’s obligation to pay the total price for the ordered goods, including all related taxes and costs, as set out in the order form before the order is placed. By submitting an order, the Buyer agrees to the PO, which includes the Complaints Policy and agrees to the processing of personal data. By doing so, the Buyer confirms that he/she is aware that the T&C form an integral part of the Purchase Contract and that he/she has read the T&C before placing the order.

2.6 The Buyer is obliged to provide correctly and truthfully all the required data in the goods order. The Seller shall not be obliged to examine the truthfulness, correctness or timeliness of the data provided and shall not be liable for any delay, damage or other consequences caused by the Buyer’s provision of incorrect, false or outdated data.

2.7 The Seller shall be entitled to ask the Buyer for additional confirmation or clarification of the order (by e-mail, in writing or by telephone).

2.8. If the Buyer provides fabricated, incorrect, incomplete or otherwise false information in the order, or if it is clear from the order or the Buyer’s negotiations that the Buyer is abusing rights or otherwise acting with dishonest intent, or if the Seller has failed to obtain from the Buyer additional confirmation or clarification of the order, or in other justified cases, the Seller is entitled not to conclude the purchase contract with the Buyer. The purchase contract shall not be concluded even if the Buyer has received the Seller’s confirmation pursuant to clause 2.9 of this Article; this shall not apply if the Seller and the Buyer have mutually performed as if the purchase contract had been concluded.

2.9 The Seller shall acknowledge receipt of the order to the Buyer at the electronic address (e-mail) specified in the order. The delivery of this confirmation does not constitute the conclusion of the Purchase Contract.

2.10. Unless otherwise specified below, the Purchase Contract shall be concluded on the date of receipt of the confirmation of acceptance of the proposal for conclusion of the Purchase Contract by the Seller to the electronic address (e-mail) of the Buyer specified in the order. If the Buyer has chosen in the order to pay for the goods in advance and the Seller has confirmed receipt of the proposal to conclude the purchase contract, the purchase contract is concluded only on the day of crediting the payment of the purchase price to the Seller’s account. The purchase contract concluded in this way is always subject to the GTC in force at the time the order was sent by the Buyer.

2.11. After the conclusion of the Purchase Contract, the Seller shall not be obliged to accept the Buyer’s proposal to amend the Purchase Contract concluded by the Buyer as a consumer, so that this Purchase Contract is concluded with the Buyer as a businessman.

2.12. If the goods are delivered by the Seller or a person authorised by the Seller to an address provided by the Buyer (mail order), title to the goods shall pass to the Buyer upon the Buyer’s receipt of the goods at the place of delivery.

2.13. The Seller’s obligation to deliver the goods under the Purchase Contract shall cease in whole or in part if performance under the Purchase Contract becomes impossible. The obligation to deliver the goods is not impossible, in particular if the goods can also be delivered under more difficult conditions, at greater expense or after an agreed time.

2.14. If the impossibility of performance relates only to a part of the performance (the goods) which is the subject of the contract of sale, the obligation of the seller shall cease to exist only in part, to the extent that the performance is impossible, unless otherwise specified below. The buyer has the right to withdraw from the contract of sale with regard to the remaining performance; this does not apply if the buyer is an entrepreneur. If the impossibility of performance relates only to some of the goods which are the subject of the contract of sale and it must have been obvious to the seller from the nature of the contract of sale or from the purpose of the contract of sale, which was already known to him at the time of its conclusion, that performance of the remainder of the obligation would be of no economic importance to the buyer, the seller’s obligation to deliver the goods under the contract of sale shall be extinguished in its entirety. This does not apply if the buyer notifies the seller that he insists on the remainder of the performance without undue delay after becoming aware of the impossibility of part of the performance (the goods).

2.15. The Seller is obliged to inform the Buyer without undue delay about the impossibility of fulfilling the obligation and to negotiate with the Buyer the method of refunding the purchase price paid by the Buyer for the goods that he cannot deliver. The Seller is obliged to return to the Buyer the funds already received from the Buyer on the basis of the Purchase Contract for the Goods which he cannot deliver, without delay, but no later than within ten (10) working days from the date on which he informed the Buyer of the total or partial termination of the obligation under the Purchase Contract, or from the date on which the Buyer notified him that the performance of the remainder of the obligation under the Purchase Contract is of no significance for the Buyer.

2.16. If the Seller provides the Buyer in connection with the conclusion of the main contract of sale with additional goods at a particularly reduced price, the purchase or delivery of which the Buyer has expressly agreed to, it shall be deemed that a secondary contract of sale with a termination clause has been concluded in respect of such additional goods. If the buyer withdraws from the main contract of sale, the ancillary contract of sale shall also be terminated and the buyer shall be obliged to return the goods subject to the ancillary contract to the seller together with the goods subject to the main contract of sale.

the cost of delivery of the goods.

3. Withdrawal from the contract of sale

3.1 The consumer has the right to withdraw from the contract of sale without giving any reason within 14 days.

3.2 The withdrawal period expires 14 days after the date on which you or a third party appointed by you, excluding the carrier, take delivery of the goods or, in the case of goods consisting of several parts or separate deliveries to a single order, when you or a third party appointed by you, excluding the carrier, take delivery of the goods which have been delivered last, or the last part or piece.

3.3 In accordance with Act No. 102/2014 Coll. § 7, the consumer acknowledges that, among other things, he cannot withdraw from a contract of sale, the subject of which is:

the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery;

Reason: The use, testing (even removal of the product from its packaging) of erotic goods leads to a situation where their further use (sale) to other consumers is no longer possible, as this infringes general principles of hygiene and health protection. Only in this way can we guarantee that the customer will always receive a new and unused product from us.

3.4 Unless it is one of the cases under clause 4.3 of this article, the consumer is entitled to withdraw from the contract of sale without giving any reason within fourteen (14) days from the date of receipt of the goods and, if the goods have been delivered in several deliveries, from the date of the last delivery of the goods or within fourteen (14) days from the conclusion of the contract for the provision of the service. If the goods are delivered in several parts or pieces, the time limit under the preceding sentence shall begin to run from the time of acceptance of the last part or piece. The period shall be deemed to have been observed if the consumer sends the seller a notice of withdrawal from the contract of sale within that period.

3.5 In accordance with Article 4.3 of the Terms and Conditions, withdrawal from the Purchase Contract is possible only if the Goods are unused, have not been removed from the protective packaging, the protective packaging has not been damaged or otherwise defaced and the protective (hygienic) seal, if part of the protective packaging, has not been broken or removed. Returns and exchanges are possible only if the above return and exchange rules are followed.

The above group of exceptions includes underwear which cannot be ruled out as having been used directly on the private parts.

3.6 The consumer has the following options for withdrawing from the contract of sale:

Goods returned by post as a registered letter will not be delivered to us, as the post office only notifies registered letters.
The goods must be sent as a parcel!

(fill in and send this form by email only if you wish to withdraw from the contract)

– To whom: Tibor Asztalos – Aszti EXPRESS Petőfiho 287/21 98601, Biskupice Slovak Republic , tel.:+421 948 605 677, e-mail: motyl.efekt@gmail.com

– I/We hereby notify* that I/We withdraw from the contract for these goods …………..

– Date of ordering/date of receipt* …………..

– Name and surname of consumer(s)* …………..

– Consumer(s) address* …………..

– Your bank account number for refund** …………..

– Signature of the consumer(s)* …………..

– Date …………..

* Please cross out any that do not apply.

** Please fill in your bank account number if you wish to send money to your account.

Note: Along with the form, we recommend sending a photocopy of the invoice, without which we are unable to identify your order.

3.7 The Seller will promptly provide the Consumer with an acknowledgement of receipt of the notice of cancellation of the Purchase Contract. Upon delivery of the withdrawal notice to the Seller, the purchase contract shall be cancelled from the outset. If the consumer withdraws from the sales contract, any ancillary contract relating to the sales contract from which the consumer has withdrawn shall also be cancelled from the outset.

3.8 The Consumer shall, no later than fourteen (14) days from the date of withdrawal from the Purchase Contract, send the Goods back or hand them over to the Seller or a person authorised by the Seller to take delivery of the Goods, unless the parties agree otherwise. This does not apply if the Seller proposes to collect the goods in person or through a person authorised by the Seller. The time limit under the first sentence shall be deemed to have been complied with if the goods have been handed over for carriage on the last day of the time limit at the latest. The consumer’s obligation under the first sentence shall be deemed to have been duly fulfilled only if the consumer returns to the seller the goods which he received from the seller.

3.9 Upon withdrawal from the contract of sale, the Seller shall return to the Consumer without undue delay, and no later than fourteen (14) days after receipt of the notice of withdrawal, all monies, including transport, delivery and other costs and charges, received from the Consumer under the contract of sale. The funds shall be returned by the Seller in the same manner in which it received them from the Consumer, or in another manner if the Consumer agrees to this and if no further charges are made in connection therewith.

3.10. If the consumer withdraws from the contract of sale in respect of only part of the goods delivered, the seller shall refund to the consumer a proportionate part of the cost of delivery corresponding to the ratio of the purchase price of the goods affected by the withdrawal to the total price of the goods which were the subject of the contract of sale.

3.11. The Seller is obliged to refund to the consumer who has withdrawn from the contract the costs paid for the delivery of the goods only up to the amount corresponding to the cheapest normal method of delivery of the goods offered by the Seller. If the consumer has chosen and used a delivery method other than the cheapest normal delivery method offered by the seller, the costs of such delivery, to the extent that they exceed the costs of the cheapest normal delivery method offered by the seller, shall be borne by the buyer even after the withdrawal from the purchase contract.

3.12. The Buyer acknowledges that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the consumer’s right to withdraw from the contract pursuant to Section 53(7) of the Civil Code is exercised, the gift contract shall cease to have effect and the Buyer shall be obliged to return the related gifts provided together with the returned goods.

4. Exchange of goods

4.1 The Seller allows the exchange of Goods purchased by the Consumer. However, several conditions must be met.

Exchange of Goods is only possible by agreement between the Consumer and the Seller (by telephone, electronically).
The Goods can be exchanged within 14 days of purchase.
The exchange of Goods is subject to the conditions set out in Article 3.3 of the Terms and Conditions.
5. Delivery of the Goods
5.1 Delivery time: the production of handmade silicone dildos and anal plugs takes 2-4 days. Delivery takes a further 2-3 days.
5.2 The method of delivery of the goods is determined by the seller, unless otherwise specified in the contract of sale. In the event that the method of delivery is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
5.3 If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the Goods upon delivery. If the Buyer fails to take delivery of the goods on delivery, the Seller shall be entitled to demand a storage fee of EUR 10 and shall further be entitled to withdraw from the Purchase Contract.
5.4 In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
5.5 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of any damage to the packaging indicating tampering, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods has met all conditions and requirements and that any later claims regarding damage to the packaging of the consignment cannot be taken into account.
5.6 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s delivery conditions.

6. Claims and warranty
6.1 Warranty period: 2 years, although silicone adult toys do not usually show signs of wear and tear even after many years.

6.2 The rights and obligations relating to liability for defects in the goods delivered shall be governed by the relevant generally applicable legislation. The Seller shall be liable for the fact that the delivered goods have the characteristics specified in the contract of sale and are free from defects.

6.3 Liability for defects in the goods and related claims, the procedure for making a claim and the methods of its handling, as well as the place and time of accepting claims and the time limits for deciding on a claim and its handling are regulated in the Complaints Procedure, which forms part of the Purchase Contract and these GTC.

6.4 The Buyer is obliged to familiarize himself with the Complaints Procedure and the Seller’s Terms and Conditions before ordering the goods.

7. Protection of personal data

7.1 The Seller processes the personal data of the Consumer and visitors to the Website in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Act No. 18/2018 Coll. on the protection of personal data and on amending and supplementing certain acts.

7.2.The Seller shall process the Consumer’s personal data provided at the time of the order for the purpose of concluding and executing the Purchase Agreement and fulfilling the obligations arising from or in connection with the Purchase Agreement. In particular, it processes them in the processing of orders, issuing invoices, delivering ordered goods, keeping records of orders and purchase contracts and in the handling of any complaints. The Seller processes cookies about visitors to the website for the purpose of analysing their behaviour during visits to the website in order to improve the quality of the products and services offered.

7.3.The Seller processes the Consumer’s personal data in the following scope: first name, last name, delivery address (street, city, postcode), e-mail, telephone and, where applicable, company name.

7.4.The Seller declares that it processes only correct, complete and, as far as possible, updated personal data of data subjects over 18 years of age. It shall ensure that personal data are processed and used only in a manner that is appropriate to the defined purpose and shall ensure their destruction after the purpose of processing has been fulfilled. It shall process the personal data of data subjects in accordance with good morals and shall ensure that they are not subject to unauthorised disclosure, damage, destruction, loss, alteration or any other impermissible processing.

7.5.The person concerned solemnly declares that he/she is over 18 years of age and is entitled to disclose his/her personal data to the Seller, or to the entities carrying out the delivery of the ordered goods

The consumer has the right to:

– to rectification or completion of personal data,
– access to personal data,
– to erasure of personal data (to be forgotten),
– to the portability of personal data,
– object to the processing of personal data,
– to restrict the processing of personal data,
– not to be subject to automated individual decision-making, including profiling,
– to bring an action under the Act.

7.6.If the Consumer finds that the processing of his/her personal data is contrary to the protection of his/her private and personal life or contrary to the regulations and the law, he/she has the right to request from the Seller an explanation and the elimination of the situation thus arising.

The Consumer may exercise his right at any time:

– in writing to the e-mail address motyl.efekt@gmail.com

– in writing at the address of the company’s registered office.

8. FINAL PROVISIONS
8.1. If the relationship related to the use of the Website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Slovak law. This is without prejudice to the consumer’s rights under generally binding legislation.
8.2 The Seller is authorised to sell goods on the basis of a trade licence and the Seller’s activity is not subject to any other authorisation. Trade control shall be exercised within the scope of its competence by the competent trade licensing authority.
8.3 If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.
8.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
8.5 Contact details of the Seller: delivery address Tibor Asztalos – ASZTI EXPRESS, Petőfiho 287/21, 98601 Biskupice, Slovak Republic, e-mail address motyl.efekt@gmail.com, telephone +421948605677.

8.6 The purchase of erotic devices is legally permitted only for persons over 18 years of age. Age verification may take place upon delivery of the order.

In Biskupice on 14.02.2025

Fantasy-Dragon.sk