Terms & Conditions

ONLINE SHOP TERMS

CHERNOWEAR is a registered brand owned by Orfi, s.r.o. and performed by radioPROactive, a.s..

The following Terms, together with our Privacy Policy , Voucher Terms and Website Use Terms apply to your access to and use of our online shop and the supply of goods ordered via our shop. By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.

 

Buyers

You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age.  By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws.  We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.

Orders

You must register with our website to be able to make purchases from our online store.  Once you submit an order, you cannot cancel it.  All orders are subject to acceptance by us, at our discretion.

Special offers

We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.

Prices

All prices are in American dollars or Euro. Prices do not include VAT unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable.  All prices are subject to change without notice.

Payment

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit/debit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by PayPal, Visa, MasterCard and American Express. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.

Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.

Errors

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available.  Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.


Availability

All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.  If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.

Delivery/Shipping 
We ship within USA and EU only, we may ship to other countries as well. We charge a cost for deliveries according to Shipping Address (as varied from time to time and subject to a surcharge for large orders). To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.

We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most EU orders should arrive within 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing info@chernowear.com or calling +421902654876. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery. 

If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery.  You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card.  You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery. 

Free Shipping Promotion

From time to time, we may offer free shipping promotions or similar.  During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items. In addition to above stated, FREE SHIPPING is viable on all orders of $50.86 and more.

Damage

If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 14 days of the delivery date.  We may ask you to provide proof of the damage, as a condition of refund or replacement. 

Risk

Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.

Title

Goods ordered by you remain our property until you pay for them in full.

Product warranties

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded.  Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.    

Returns

In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:

  1. The items are returned within 10 days of the purchase date and the original sales receipt is present.
  2. Items must be in original condition as purchased, with all labels/tickets attached. Garment must not have been worn.

Returns/exchanges can be sent to:
radioPROactive.me, a.s.

Valachovej 1
Bratislava 84101 
Slovakia, European union

If you return items to us that do not comply with the above requirements, we will return them to you at your cost.

PACKING PROBLEMS Please check your items against your receipt. If there are any discrepancies please email [info@chernowear.com] or call our Customer Service line on +421902654876 as soon as possible and within 30 days of purchase date.

You can exchange or return your online order to the online store with the original receipt you receive in your parcel subject to the terms of this section. 

To obtain a refund via the CHERNOWEAR online store, please ask for a refund at info@chernowear.com. Promptly after we receive your application, it will be processed and new item sent back out to you (where available) or we will credit your credit card, excluding delivery charges (unless goods are faulty or not as ordered). You will be charged an additional fee for redelivery. Do not re-use our courier bag.

Limitation of liability

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to US$5.00.

Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.

Vouchers

If we issue you a voucher to redeem against the future purchase of goods, our Voucher Terms and Conditions

Contacting us

You can contact us using any of the following methods:

  • By calling [+421902654876] between 9am - 5pm CET Monday to Friday, excluding public holidays;
  • By emailing us at [info@chernowear.com]; or
  • By mail addressed to radioPROactive a.s., Valachovej Street 1, Bratislava, Slovakia, European union or other address we notify from time to time.

Notices to you

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

Excusing events

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement

These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Alterations

We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.

Applicable law

These Terms are governed by the law of Slovakia. The parties submit to the non-exclusive jurisdiction of the courts of Slovakia and its appellate courts.  The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.

OUR USE OF YOUR INFORMATION (PERSONAL DATA)

RadioPROactive a.s., Valachovej 1819/1, 841 01 Bratislava, as a tour provider informs you about the way your personal data is processed within the meaning of regulation 2016/679 from 27 April 2016 of the European Parliament and of the European Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR") .

We will process your personal data for the purpose of selling the goods and related activities. The legal basis for processing is a contractual relationship and a set of laws relating to the accounting and tax area. For this reason, personal data required by us are required to meet contractual and legislative requirements, and without them we cannot deliver the service. We will provide your personal information to institutions, on the basis of regulatory requirements, to entities providing support activities and entry to objects, and may be processed by IT service companies, external collaborators, and accounting service companies. The processing will take place for 10 years from the delivery of the goods or the placement of the order.

At the same time, we inform you that your personal data will be sent to Ukraine which within the meaning of the GDPR Regulation is among third countries where there may be no adequate safeguards to protect your personal data. At the same time, we will process your personal information for the purpose of sending information about us, our activities and our areas of activity. The legal basis for processing is our legitimate interest in the purpose of informing you about our services and news so that you can contact us again and order our services if you are interested. The provision of personal data for this purpose is not mandatory and is not an obstacle to the realization of the ordered service. We can process your personal information through companies providing services of newsletter sending and external collaborators. Your personal data will be sent to the United States which within the meaning of the GDPR Regulation belong to the third countries in which there may not be adequate safeguards to protect your personal data. We will process your personal information for 20 years from the date of the tour or from the date of the order of the tour.

If you are still not interested in being notified, you can block messages by using the link to suspend information within each of our messages ("unsubscribe"), or let us know by clearly stating so anytime via email. 

We furthermore inform you that, under the GDPR, you have the right to access personal data, the right to rectify, delete, restrict the processing, and the right to object to processing, as well as the right to data portability. You also have the right to file a complaint to the Office for the Protection of Personal Data.