Terms and Conditions

of the manufacturer Katarína Bohácsová - BK PATTERNS

Article I

General provisions

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the rights and obligations of the parties arising in connection with the conclusion of a contract between the provider and the orderer, whereby the subject matter of the contract may be

a) the supply of created digital content consisting of a series of repetitive patterns, surface application designs and illustrations (hereinafter referred to as the "ready to use design") or any other copyright work sold by the provider (hereinafter referred to as the "digital content"),

b) the creation of digital content consisting of a series of repeating patterns, surface application designs and illustrations or any other copyrighted work by the provider tailored to the orderer‘s requirements (hereinafter referred to as "bespoke design"),

c) the sale of the provider's products featuring the design created by the provider (the "product"),

through this website or by any other appropriate means in accordance with these terms and conditions (the "contract").

2. These terms and conditions form an integral part of the contract specified in Article 1(1) of these terms and conditions. In the event that the provider and the orderer enter into a written contract in which they agree on terms and conditions different from the terms and conditions, the provisions of this contract shall prevail over the terms and conditions.

3. These terms and conditions are drafted in accordance with:

Act No. 40/1964 Coll., the Civil Code, as amended,
Act No. 513/1991 Coll., the Commercial Code, as amended,
Act No. 108/2024 Coll. on Consumer Protection, as amended,

Act No. 185/2015 Coll., the Copyright Act, as amended,
Act No. 22/2004 Coll. on Electronic Commerce and on the amendment of Act No. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters, as amended by Act No. 284/2002 Coll., as amended,
Act No. 452/2021 Coll. on Electronic Communications, as amended,
Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended,
Act No. 351/2022 Coll. on Accessibility of Goods and Services for Persons with Disabilities

and other relevant legislation.

4. Legal relations between the provider and the orderer not expressly regulated by these terms and conditions shall be governed by the relevant provisions of the aforementioned legislation, while legal relations between the provider and the orderer who is a consumer shall be governed by the Civil Code and the Consumer Protection Act, and legal relations between the provider and the orderer who is not a consumer shall be governed by the Commercial Code.

5. These terms and conditions are drawn up in the Slovak language for consumers located within the Slovak Republic, and the contract is concluded in the Slovak language. For other orderers, these terms and conditions are drawn up in the English language and the contract is concluded in the English language.

6. The provider has not adopted any specific code of conduct.

7. By placing an order, confirming a quotation or registering on this website, whichever is earlier, the orderer confirms that he has read the terms and conditions thoroughly, understands their content and agrees to them without reservation.

Article II

Definitions of terms

1. The Provider is a textile & surface design studio that designs and creates illustrations and digital collections of patterns, both ready to use and bespoke designs, and also sells products featuring these designs. The Provider is the operator of the website www.bkpatterns.com, and its details are as follows:

Business Name: Katarína Bohácsová – BK PATTERNS

Registered in the Commercial Register of Bratislava District Office, Reg. No. 870-15061

Place of Business: 83104 Bratislava-Nové Mesto, Vajnorská 1351/30

TAX No.: 42241669

VAT No.: SK1076048149

IBAN: SK3011000000002949202126

Email: contact@bkpatterns.com

Phone No.: +421 904 640 864

2. The Orderer is a person who has entered into a contract with the provider under the terms and conditions set out in the Terms and Conditions, either as a consumer or entrepreneur, or a legal entity or other entity that is not a consumer. For the purposes of this Return and Complaints Procedure, an entrepreneur is any legal entity that is not a consumer.

3. A Consumer is a natural person who, in connection with a consumer contract, the obligations arising therefrom, or in business practice, does not act within the scope of their business activities or profession.

4. A Design is the provider's original work consisting of a series of repeating patterns and designs of surface applications and illustrations. The provider offers ready to use designs or bespoke designs for sale.

5. A Ready to use design is a design included in the range of ready to use designs published on the website or offered by the provider in another suitable manner.

6. A Bespoke design is a design created by the provider on the basis of a contract for work with a license agreement according to the requirements of the orderer.

7. Digital content is all data that is created and delivered in digital form. For the purposes of this Return and Complaints Procedure, digital content is considered to be all content in digital form offered by the provider through this website and by other appropriate means, in particular ready to use designs, bespoke designs, and other copyrighted works of the provider according to the current offer.

8. A Digital content delivery agreement is an agreement whose subject matter is the delivery of digital content by the provider.

9. A License agreement is an agreement between the orderer and the provider, the subject of which is the provision of a license to use the design under the conditions specified in the terms and conditions or agreed upon in a separate agreement.

10. The item is any movable thing sold by the provider.

11. A purchase contract is a contract concluded between the orderer and the provider through this online store or by other appropriate means under the terms agreed in the terms and conditions, the subject of which is the sale of the provider's product.

12. The website is the website located at the domain www.bkpatterns.com, including all content stored on it.

13. User account is the account of the orderer containing his personal data and data obtained in connection with his activity on the platform.

14. The login details are the details that the orderer must enter when accessing his user account (username, password).

15. Content means all content published by the provider on the website, including all documents, texts, images, videos, sound recordings, etc.

16. The supervisory authority is:

Slovak Trade Inspection (SOI)
SOI Inspectorate for the Bratislava Region

Prievozská 32,

P.O.Box 5

820 07 Bratislava 27
Department of Supervision
Phone No.: 02/58272 172, 02/58272 104
Fax No.: 02/58272 170

Article III

Website characteristics

1. bkpatterns.com is a website on which the provider publishes a portfolio of its ready to use designs and information about the possibility of creating a bespoke design, and at the same time creates the possibility to buy these designs, other digital content and products sold by the provider.

2. Through this website, the orderer can directly purchase one of the ready to use designs from the provider's portfolio or its products or request the creation of a bespoke design.

Article IV

User account

1. By registering on the website, the orderer can create a user account through which he can access the products published on the website, save ready to use designs in the wishlist, place enquiries and orders, track their status, keep track of orders, access purchased designs and digital content, or communicate with the provider.

2. Creation of a user account is not mandatory and the orderer can order digital content or product without registration.

3. The orderer creates a user account by registering with his Google or Facebook account or by entering his email and password. By registering, the orderer agrees to these terms and conditions. The creation of a user account is subject to approval by the provider, and the provider reserves the right not to confirm the registration, even without giving a reason. There is no legal right to create a user account.

4. The creation of a user account is free of charge.

5. The orderer is obliged to provide truthful information in the registration form to the extent specified by the provider. The orderer is obliged to update the data in the user account when they change.

6. Access to the user account is protected by a username and password. The orderer is obliged to protect the login data so as to prevent third parties from accessing the user account. The orderer is not entitled to make the user account accessible to third parties.

7. The orderer may delete the user account at any time. However, he acknowledges that he will no longer have access to the content stored in this user account, as all content will be deleted.

8. The provider reserves the right to terminate the user account in the event that the orderer is in breach of these terms and conditions or the contract has been terminated pursuant to these terms and conditions.

Article V

Portfolio

1. The provider publishes the ready to use designs in the portfolio on the website. The provider has two types of portfolio, namely a public and a non-public portfolio.

2. The public portfolio is accessible to all visitors to the website. Its purpose is mainly to familiarize the orderer with the provider's designs and his work, and it serves mainly as a preview of the way of creation, not for the actual selection of ready to use designs, but the interested party can also select and order a ready to use design contained in the public portfolio.

3. The non-public portfolio is available to interested parties only after requesting access. An interested party may request access to the non-public portfolio by means of a form provided for that purpose, by e-mail, by telephone or in person. Upon such a request, the provider shall provide the interested party with a password for secure access to the non-public portfolio. The non-public portfolio includes a larger selection of ready to use designs that are not publicly available on the provider's website.

4. There is no legal entitlement to access to the non-public portfolio, and the provider reserves the right not to grant access to the non-public portfolio to the applicant, even without giving a reason.

Article VI

Conclusion of the contract

1. The orderer can conclude with the provider via this website:

a) a license agreement for the ready to use design,

b) a work contract with a licensing agreement for the production of a bespoke design,

c) a purchase agreement for products,

depending on the digital content or product in which he is interested.

Conclusion of a licence agreement for a ready to use design

2. The orderer can choose one of the ready to use designs published in the provider's portfolio. The selected ready to use design shall be ordered either directly via the online shop or by sending an inquiry via the contact form located on the website or by sending an e-mail to contact@bkpatterns.com. In the case of ordering a ready to use design via the online shop, the customer proceeds by placing the selected ready to use design in the basket by clicking on "Add to basket". After completing the shopping by clicking on the shopping cart, the user is taken to the shopping cart subpage where, after summarizing the selected items, he fills in the billing and delivery data, selects the delivery method and payment. He confirms and submits the order by clicking on "Order with payment required". Before sending the order, the orderer has the opportunity to check and change the data provided in the order. The provider will confirm receipt of the order by email. Upon receipt of this confirmation, the contract is deemed to be concluded.

3. In case of sending an inquiry, it must contain:

a) the orderer's billing details

b) specification of the selected design, including the product number

c) the type of licence selected

d) a description of the intended use.

4. On the basis of the enquiry, the provider shall prepare a quotation, which shall be sent to the orderer by e-mail. Confirmation of the quotation by e-mail by the orderer shall be deemed to constitute the conclusion of the contract.

Conclusion of a work contract with a licensing agreement for the production of a bespoke design

5. If the orderer is interested in the creation of a bespoke design, he sends an inquiry via the contact form located on the website or by sending an e-mail to contact@bkpatterns.com. The request must include:

e) the orderer's billing details

f) specification of the requested design

g) the type of licence selected

h) a description of the intended use.

6. On the basis of the enquiry, the provider shall prepare a quotation, which shall be sent to the orderer by email, or the orderer shall request additional information. Once the parties have agreed on the exact terms and conditions, the orderer shall confirm the provider's quotation by e-mail, whereupon the work contract with the licence agreement shall be deemed to be concluded. The parties may also conclude a separate work contract with a licence agreement in writing, in which they agree on the exact terms of cooperation. In this case, the provisions of this contract shall prevail over these terms and conditions.

Conclusion of a purchase contract for a product

The provider offers products on the website of the online store that it normally supplies. These can be ordered directly via the online store, by sending an order by email or by telephone. In the case of ordering a product via the online store, the orderer proceeds by placing the selected product in the basket by clicking on "Add to basket". After completing the shopping by clicking on the shopping cart, he will be taken to the shopping cart sub-page, where, after summarizing the selected products, he clicks on "Check", fills in the billing and delivery details, selects the method of delivery and payment. The order is confirmed and sent by clicking on "Order with payment". Before sending the order, the customer has the opportunity to check and change the data provided in the order. If the orderer wishes to order the product by sending an order to the provider's e-mail, it must contain

a) Name and surname of the orderer,

b) Billing details,

c) The address for delivery of the product, if different from the billing address,

d)Telephone number and email,

e) Product code or exact name,

f) The number of pieces of each product,

g) The chosen method of payment,

h) Selected shipping method,

and in the case of a legal entity also:

a) The company's business registration number and VAT number,

b) Contact person, his telephone number and email,

c) Billing details

d) Delivery address, if different from the billing address.

7. When placing an order by telephone, the orderer shall notify the provider by telephone of the data referred to in paragraph 6 of this Article. The latter shall summarise the order and send it to the orderer by email for confirmation. The order created by the Provider must be confirmed by the orderer by email within 7 days, otherwise it will not be taken into account by the provider.

8. An order that does not contain the above information may not be valid. The information provided in the order is deemed correct by the provider and the provider shall not be liable for any damage caused by the orderer entering incorrect or incomplete information.

9. An order made by any means of remote communication is binding.

10. Depending on the nature of the product (e.g. quantity, delivery costs, etc.), the provider shall be entitled to request additional order confirmation from the orderer, e.g. by telephone or email.

11. Upon receipt of a binding order, the provider shall confirm the conclusion of the contract by email to the email address specified in the order, which shall be accompanied by the terms and conditions, a notice of the consumer's right to withdraw from the contract and a withdrawal form in pdf format. Upon receipt of the confirmation, the contract is deemed to be concluded. The contract thus concluded is binding and may only be modified or cancelled by agreement of both parties or for the reasons set out in these terms and conditions or by law.

12 The orderer agrees to the use of means of remote communication without the physical presence of the provider and the orderer, in particular the use of a website, electronic mail, telephone, etc. for the conclusion of the contract. The costs for the use of the means of distance communication incurred in connection with the conclusion of the contract shall be borne by the orderer himself and shall not differ from the basic rate.

Article VII

Rights and obligations of contracting parties

1. The subject matter of the contract shall be the rights and obligations of the parties.

2. Depending on the type of contract concluded, the provider is obliged in particular to:

a) provide the consumer with information in accordance with the relevant provisions of the Consumer Protection Act and other relevant legislation, which is included in these terms and conditions,

b) after payment of the price, deliver the required digital content or product to the orderer, or create a design according to the requirements of the orderer as agreed in the work contract and the licence agreement,

c) grant the orderer a licence to use the design according to the agreed type of licence.

3. The provider is entitled in particular to:

a) payment of the price in a proper and timely manner.

4. The orderer is obliged in particular to:

a) pay the agreed price to the provider in due and timely manner,

b) use the purchased digital content according to the terms and conditions agreed in the contract and within the scope of the licence granted.

5. The orderer is entitled in particular to:

a) delivery of the digital content or product in a proper and timely manner.

Article VIII

Types of licenses of ready to use designs

1. On the basis of the concluded licence agreement, the orderer obtains, upon payment of the full price, a licence to use the design according to the terms agreed in the agreement within the scope of the licence granted.

2. The orderer may choose one of the following licenses:

Exclusive licenses

Type of licence: Full exclusive license

Description: Clients will receive exclusive rights to use the design or illustration in all industries, regions and countries. The design will not be resold or reused by BK PATTERNS.

Ideal for: Unique brand, flagship products or exclusive product lines.

Price: Premium (based on complexity, scope and duration)

Type of licence: Exclusive industry license

Description: Exclusive right to use the design within a specific industry (e.g. fashion, home accessories). BK PATTERNS retains rights for other industries.

Ideal for: Exclusive use in a specific sector without full purchase of the rights.

Price: Medium to premium

Non-Exclusive licenses

Type of licence: Standard non-exclusive licenses

Description: The client receives the right to use the design, while BK PATTERNS retains the right to license it to other clients. BK PATTERNS may agree with the client to pay royalty payments (royalties) on sales of products.

Ideal for: Small businesses, clients with limited budgets

Price: Available/Acceptable

Type of licence: Non-exclusive licenses without royalty payments (royalties)

Description: One-time fee for unlimited use without royalty payments (royalties).

Ideal for: Reuse at a favourable price

Price: Medium

Limited licences

Type of licence: Time-limited licence

Description: Rights to use the design for a specified period (e.g. 1 year). Renewable by agreement.

Ideal for: Seasonal collections and temporary campaigns

Price:Lower initial cost, renewal fees

Type of licence: Territorial licence

Description: Rights to use the design for specific areas or countries.

Ideal for: Marketing campaigns in specific areas/countries

Price: Tailored by area/country

Type of licence: Product-specific licence

Description: Rights to use the design for specific types of products (e.g. textiles, wallpapers).

Clients focused on highly specialized product lines

Price: Tiered by product type

Custom licences

Type of licence: Customized license

Description: Customized license for client specific requirements, combinations of exclusivity, duration and usage restrictions.

Ideal for: Clients with specific or complex requirements

Price: Fully customizable, starts at a base rate.

Discounts for design collections

Collections include a 20% discount on each design type within the package.

3. The type of the selected licence shall be indicated by the orderer in the order, which shall be subsequently confirmed by the provider, or the provider shall propose a different type of licence in the quotation or in the confirmation of the conclusion of the contract.

4. Upon conclusion of the licence agreement and payment of the agreed price, the orderer obtains a licence to use the design within the agreed scope. The licensor shall issue a certificate of the granting of the licence, which shall be sent to the orderer by email to the email address specified in the order.

5. In the event that the orderer fails to pay the price in a proper and timely manner, it shall be deemed that the licence has not been granted and the orderer shall not be entitled to use the design.

6. Unless the parties agree otherwise, the provider grants a non-exclusive, time and territory limited licence to use the purchased design, in particular for:

a) use of the design for commercial purposes in connection with the business activity of the orderer,

b) the use of the design on own products and articles,

c) publication, public distribution and sale of products containing the provider's design,

d) other use as agreed by the parties.

7. The orderer is not entitled to use the purchased design for any other purpose that is contrary to the purpose of the contract, these terms and conditions or the business activity of the provider.

8. The provider is entitled to specify specific conditions and limitations on the use of the design and the scope of the licence in the contract or in the quotation, which shall be binding for the parties to the contract.

9. In the case of a non-exclusive licence, the provider is entitled to use the design as required, in particular to use the design for commercial purposes, to grant a licence to third parties, to reproduce, publish and display the design in its portfolio, on its website, in advertising materials, in the media and at exhibitions and in any other appropriate manner for the purpose of its business, presentation and advertising.

10. Unless otherwise agreed, the licence shall be deemed to have been granted on a non-exclusive basis.

11. The licence is granted for a fixed period of time as specified in the contract or the quotation. The parties may agree to extend this licence according to the agreed conditions.

Article IX

Design terms of use and license

1. The orderer is entitled to use the design exclusively within the scope of the license granted, while being obliged to comply with the terms and conditions set out in these terms and conditions and agreed in the contract.

2. The orderer is obliged to inform its employees, subcontractors or other persons of the scope and conditions of the licence granted and to ensure that they comply with them.

3. The orderer is not entitled to:

a) sell, gift, lend, transfer, grant, copy, share or otherwise assign the design, the licence or any rights thereunder to any third party,

b) sell, gift, give, disclose, publish, copy or otherwise assign the design in electronic form for download or as part of another product or contract,

c) grant a sub-licence to use the design to a third party,

d) publish on online platforms that allow the design and sale of bespoke product designs, so-called print-on-demand websites, such as printify.com, printful.com, etc.

e) state or claim to be the author of the design, its creator or the copyright holder of the design or any part thereof,

f) alter, modify or otherwise interfere with the design itself without the prior consent of the provider,

g) use the design in an improper manner, contrary to good morals or in a manner that would diminish the value of the design or the provider, in particular, but not exclusively, in a defamatory, immoral, obscene, unlawful, or other manner contrary to good morals.

4. The orderer is obliged to

a) indicate the author of the design in the information about his own product,

b) take reasonable precautions to ensure that the design is protected against copying, publication or other unauthorised use,

c) on request, provide information on how the design is used by him or a third party, as the case may be, from time to time as agreed and/or, on request, provide the supplier with a statement of sales of products using the design for the purpose of accounting for the royalty payments (royalties),

d) use the design exclusively in such a way that it does not harm the rights and legally protected interests of the provider.

5. The orderer shall be liable for

a) use of the design,

b) allowing a third party to use the design,

c) breach of these terms and conditions,

d) his actions or omissions which are contrary to these terms and conditions, the law, circumvent the law or are contrary to good morals.

6. In the event that the provider suffers damage in connection with paragraph 5 of this article, the customer shall be obliged to compensate the provider for such damage.

Article X

Digital content terms of use

1. The digital content is not intended for persons under the age of 18.

2. The orderer is obliged to comply with these terms and conditions and the relevant legislation when using the digital content.

3. The orderer undertakes not to use the digital content in a way that would endanger or violate the rights and legally protected interests of the provider, other orderers and third parties.

Article XI

Price and payment conditions

1. The selling prices of individual ready to use designs, other digital content and products are indicated on the provider's website or in the quotation sent. The price of the bespoke design will be agreed between the parties. The prices are exclusive of VAT, as the provider is not subject to VAT.

2. Prices are valid for the period of publication on the website or for the period stated in the quotation.

3. Prices are not adjusted to the orderer on the basis of automated decision-making.

4. If the provider provides a discount on a design or product, it shall also indicate the lowest price in the last 30 days.

5. The orderer is obliged to pay the price agreed in the contract within the due date. Unless otherwise agreed, the price is payable within 7 days of the date of conclusion of the contract. If the orderer fails to pay the price within the stipulated period, the provider has the right to withdraw from the contract, thereby cancelling the order.

6. The orderer may pay the price in the following ways:

PAYMENT IN ADVANCE BY BANK TRANSFER

The orderer shall pay the price by bank transfer according to the details specified in the order confirmation or in the contract within 7 days from the date of order confirmation. If the orderer fails to pay the purchase price within the specified period, the provider has the right to withdraw from the contract, thereby cancelling the order. The orderer shall use his order number as the variable symbol.

ONLINE BY PAYMENT CARD

The orderer shall pay the price online by means of a payment card.

ONLINE THROUGH THE STRIPE PAYMENT GATE

The orderer shall pay the price online through the STRIPE payment gateway

7. The price shall be deemed to be paid at the moment of its crediting to the bank account of the provider or the intermediary arranging the receipt of the payment.

8. The proof of sale, including the price, is the invoice (tax receipt), which is sent to the orderer by email after payment, while also serving as a guarantee letter.

Article XII

Digital content delivery terms and conditions

1. The provider undertakes to deliver

a) the ready to use design and other digital content without undue delay after payment of the price, at the latest within 24 hours,

b) the bespoke design within the time period agreed by the parties.

2. The provider bears the burden of proof that it has delivered the digital content to the consumer.

3. The digital content shall be deemed to have been delivered when the digital content or any means suitable for accessing or downloading it is made available or made accessible to the orderer or to the physical space or virtual space chosen by the orderer for that purpose.

4. The provider shall deliver the digital content by sending a link to download the secured content in the specified format via the Google Drive platform, Adobe Behance or other appropriate means. The download link is active for 30 days, after which the content will be deleted. If the orderer does not save the purchased digital content within this period, he may request the provider to resend it, following which he shall follow the provider's instructions. For registered users, the digital content is accessible in the user account for the duration of the registration. The provider is entitled to remove the digital content at any time, informing the orderer in advance so that he can save it.

5. If the provider fails to deliver the digital content on time, the orderer shall grant the provider an additional reasonable period of time for performance. If the provider fails to deliver the digital content even within the additional reasonable period of time, the provider may withdraw from the contract.

6. The consumer may also withdraw from the contract without giving an additional reasonable period of time pursuant to the preceding provision if

a) the provider declares or it is apparent from the circumstances that he will not deliver the digital content; or

b) it is apparent from the contract or from the circumstances of the conclusion of the contract that timely delivery was important to the consumer.

7. Upon withdrawal from the contract pursuant to paragraphs 5 and 6 of this Article, the provider shall return to the orderer without undue delay everything received from the orderer under the contract.

Article XIII

Terms of delivery of products

1. The costs of delivery of the product shall be borne by the orderer, unless otherwise agreed between the parties. The cost of delivery will be quantified precisely in the order form after the desired method of delivery has been selected.

2. The provider shall arrange delivery of the product via Slovak Post. If it is not possible to determine the price for delivery in advance in the order form (e.g. for delivery abroad or oversized shipments), it will be determined individually based on the current conditions of the carrier.

3. The provider undertakes to deliver the ordered product to the orderer without undue delay, at the latest within 30 days from the date of order confirmation, unless the parties have agreed otherwise or unless a different delivery period is specified for the selected product. The product shall be dispatched as soon as possible, taking into account the capacity of the provider, usually within 2 days. The orderer will be informed of the dispatch by email.

4. The orderer is obliged to collect the product at the location specified in the order, either in person or by arranging for a person designated by the orderer to collect the product. The product is delivered at the moment it is accepted by the orderer or the person designated by the orderer.

5. If the provider fails to deliver the ordered product on time, the orderer may also withdraw from the contract without providing an additional period of time for performance, if

a) the provider has refused to deliver the product,

b) the timely delivery was particularly important in view of all the circumstances of the conclusion of the contract; or

c) the orderer has notified the provider prior to the conclusion of the contract that timely delivery is of the utmost importance.

6. Upon withdrawal from the contract pursuant to paragraph 5 of this Article, the provider shall return to the orderer without undue delay everything received from the orderer under the contract.

7. From the moment the product is handed over to the carrier for transport, the carrier shall be liable for any damages. For this reason, the orderer, who is an entrepreneur, is obliged to check the integrity of the packaging of the consignment upon acceptance of the product from the carrier and, in the event of any defects, to notify the carrier without delay. The provider strongly recommends that the orderer, who is a consumer, does so. In the event of obvious damage to the packaging indicating tampering with the delivery, the orderer may not accept the delivery from the carrier. By signing the delivery note, the orderer confirms that the packaging of the consignment containing the product has been intact.

8. If the orderer, who is an entrepreneur, receives a damaged product, he is obliged to keep it in the original condition and in the original packaging as he received it. He is not entitled to repackage the product in any other packaging or tamper with it in any way. The provider recommends that the buyer, who is a consumer, should do so.

9. Upon receipt of the product, the orderer shall inspect the product and inform the provider without undue delay of any deficiencies found. In the event that the orderer discovers damage to the product or any other defect after acceptance of the product, the orderer shall notify the provider without undue delay by email to contact@bkpatterns.com.

Article XIV

Change of design

1 The orderer is not entitled to change or modify the design without the prior consent of the provider.

2. In the case of a ready to use design, the orderer may request consent to change the design by email if he wishes to arrange the changes himself. He may also request the provider to modify the design, which is an additional service that is not included in the price of the purchased design.

3. In the case of a bespoke design, the orderer may order additional services to the extent necessary as extra work. Changing and modifying the customized design according to the additional requirements of the orderer is not part of the price for the customized design.

4. The parties may also agree on the provision of other additional services under agreed conditions. The exact description of the additional services offered by the provider is published on the subpage "Additional services ".

5. In case of interest, the orderer sends a request for additional services via the designated form on the website or by email. On that basis, the provider will send him a quotation by email, whereby the confirmation of the quotation by the orderer shall be deemed to be the conclusion of the subcontract.

6. The provisions of these terms and conditions shall apply to additional services to the extent that they are applicable.

Article XV

Acquisition of ownership and transfer of risk of damage to the product

1. Ownership of the product sold and the risk of accidental destruction, accidental deterioration and loss shall pass to the orderer, who is the consumer, at the time of delivery.

2. Ownership of the product sold passes to the orderer, who is an entrepreneur, at the moment of full payment of the full price.

3. Ownership of the digital content does not pass to the orderer unless this is expressly agreed between the parties in writing, and only in the case of an exclusive licence.

Article XVI

Data on functionality, compatibility and interoperability of digital content

1. The digital content, with respect to its purpose resulting from these terms and conditions and the information provided on the provider's website, performs the functions as described in these terms and conditions and on the provider's website.

2. The digital content is capable of functioning with hardware and software with which the same kind of thing is commonly used, without the need to change the digital content, hardware or software. Any mobile phone, PC, laptop or tablet that has an internet connection and an internet speed of at least 10 MB/s is recommended for full use of the digital content. For software, a web browser such as Google Chrome and Office suite (Word, Excel, Powerpoint, Google Drive) and software to work with the digital content in accordance with the provider's instructions are required. The orderer declares that he has read the list of supported devices and software. The provider does not guarantee the deliverability and usability of the digital content on devices and software that are not listed in the list of supported devices and software.

3. The provider has taken the following technical protection measures:

a) SSL certificate of the website,

b) responsive design of the website,

c) name and password security for user accounts,

d) file sharing security on delivery of digital content.

Article XVII

Customer reviews

1. The provider may publish customer feedback (reviews) on the website and other appropriate places. All reviews are verified, as they are published directly by the provider, and only reviews received from the orderer.

Article XVIII

Withdrawal from the contract

When does the consumer have the right to withdraw from the contract

1. Withdrawal from the contract by the orderer, who is a consumer, is governed by the relevant provisions of the Consumer Protection Act. Withdrawal from the contract by the orderer, who is an entrepreneur, shall be governed by the relevant provisions of the Commercial Code, whereby the provisions of this Article shall not apply to him.

2. The consumer shall have the right to withdraw from the contract concluded at a distance or from the contract concluded outside the provider's premises without giving any reason within 14 days from the date of

a) the conclusion of the contract, the subject matter of which is the supply of digital content,

b) the conclusion of a contract the subject matter of which is the production of a bespoke design,

c) acceptance of the product by the consumer.

3. The product shall be deemed to have been accepted by the consumer at the moment when the consumer or a third party designated by the consumer, other than the carrier, accepts all parts of the ordered product, or if

a) products ordered by the consumer in a single order are delivered separately, at the time of acceptance of the product which was delivered last,

b) delivers a product consisting of several parts or pieces, at the time of acceptance of the last part or the last piece,

c) supplies the product repeatedly over a period of time, at the time of acceptance of the first of them.

4. The consumer may also withdraw from the contract, the subject matter of which is the supply of the product, before the start of the withdrawal period.

When the consumer doesn't have the right of withdrawal

5. The consumer acknowledges that he has no right to withdraw from the contract without giving a reason within 14 days, if the subject of the contract is

a) the provision of a service and

i. the service has been fully provided; and

ii. the provision of the service has commenced before the expiry of the withdrawal period with the consumer's express consent and the consumer has declared that he has been duly informed that by giving his consent he loses the right to withdraw from the contract once the service has been fully provided, if the consumer is obliged to pay the price under the contract,

b) the supply of digital content supplied by the provider in a form other than a tangible medium, where

i. the supply of the digital content has commenced; and

ii. the consumer has expressly consented to the commencement of the supply of the digital content before the expiry of the withdrawal period, has declared that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract by the commencement of the supply of the digital content, and the provider has provided the consumer with a confirmation pursuant to section 17(12)(b) or (13)(b) of the Consumer Protection Act, if the contract obliges the consumer to pay the price

c) in the case of the supply of a product,

i. the supply or provision of a product the price of which depends on price movements in the financial market which are beyond the trader's control and which may occur during the withdrawal period,

ii. the supply of goods made to the consumer's specifications or custom-made goods,

iii. the delivery of goods which are subject to rapid deterioration or perishability,

iv. the delivery of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons if the protective packaging has been broken after delivery,

v. the delivery of goods which, by their nature, may be inextricably mixed with other goods after delivery.

Consent instruction

6. The consumer may, before the expiry of the withdrawal period, provide the provider with consent to commence the provision of the service. By giving this consent, the consumer loses the right to withdraw from the contract once the service has been fully provided.

7. The consumer may, before the expiry of the withdrawal period, give the provider consent to the delivery of the digital content. By giving such consent, the consumer loses the right of withdrawal.

8. The consumer may provide this consent when placing the order or afterwards in another appropriate manner.

How a consumer can exercise the right of withdrawal

9. If, in accordance with these terms and conditions and the law, the consumer has the right to withdraw from the contract, the consumer may exercise the right in any of the following ways:

a) by sending a written notice to the provider's place of business,

b) by sending a notice by electronic mail to contact@bkpatterns.com.

10. In doing so, he can use the Contract Withdrawal Form .

11. In order to withdraw from the contract in time, the consumer must send the withdrawal notice no later than on the last day of the period.

12. In the event of withdrawal from the contract, any supplementary contract is also cancelled; this does not apply if the parties have expressly agreed on the duration of the supplementary contract.

13. If the subject matter of the contract is the provision of a service and the consumer has given his express consent to the provision of the service before the service is commenced, the consumer shall be obliged to pay the provider the price for the service actually provided. This shall be calculated on a pro rata basis on the basis of the total price agreed in the contract, or on the basis of the market price if it was overestimated in the contract.

14. The provider may not claim reimbursement from the consumer for the cost of the service, irrespective of the extent of the service provided, if the provider has not provided information on the right of withdrawal or on the obligation to pay the price for the service actually provided.

15. The consumer is obliged to send the product back within 14 days from the date of withdrawal from the contract. The time limit shall be deemed to have been complied with if the consumer sends the product back no later than the last day of the time limit.

16. The costs of returning the product to the provider shall be borne by the consumer. This does not apply if the provider has agreed to bear the costs of returning the product.

17. The consumer shall be liable for any diminution in the value of the product resulting from handling of the product which goes beyond the handling necessary to establish the characteristics and functionality of the product. If the consumer returns a product whose value is diminished as a result of such treatment, the provider may claim damages in respect thereof.

18. The provider recommends the orderer to insure the product which is subject to return. The risk of damage to the returned product shall be borne by the orderer up to the moment of acceptance of the product by the provider.

Article XIX

Obligations of the provider in the event of withdrawal

1. Within 14 days from the date of receipt of the notice of withdrawal, the provider is obliged to return to the consumer all or part of the payments received from the consumer under or in connection with the contract, unless the consumer has withdrawn from the whole contract.

2. The provider is not obliged to refund the consumer before the product has been delivered to the consumer or until the consumer proves that the product has been sent back to the provider, unless the provider proposes to collect the product in person or through a person appointed by the provider.

3. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the provider, the provider will only refund the cost of delivery of the product to the consumer in the amount of that cheapest method of delivery.

4. The provider shall refund the consumer in the same way as the consumer used to pay for the goods, unless otherwise agreed.

5. The provider reserves the right not to accept the product sent by the customer on delivery.

Article XX

Non-acceptance of the ordered product

1. The orderer is obliged to accept the ordered product at the place of destination.

2. If the orderer does not accept the ordered product without withdrawing from the contract in accordance with Article XVIII of these terms and conditions, this shall be deemed a breach of contract for reasons on the part of the orderer, as a result of which the provider is entitled to withdraw from the contract and to claim damages from the orderer pursuant to Section 420 of the Civil Code.

3. In determining the amount of damages, the provider is primarily guided by the costs associated with the delivery of the ordered product to its destination.

4. If, for reasons on the part of the orderer, it is necessary to deliver the product repeatedly or in a different manner than specified in the order, the orderer shall be obliged to pay the costs associated with the repeated delivery or the costs associated with a different method of delivery, whereby the provider may require payment of the price including the delivery costs in advance.

Article XXI

Withdrawal from the contract by the provider

1. The provider shall have the right to withdraw from the contract if he is unable to deliver the product to the orderer in a proper and timely manner, in particular due to stock outage or unavailability of the product. The orderer shall be informed of the withdrawal by email and, in the case of payment of the price or part thereof, the funds shall be refunded within 14 days to the account designated by the orderer, unless otherwise agreed with the provider.

Article XXII

Violation of provider's rights

1 In case of violation of these terms and conditions, in particular in case of use of the design in violation of the terms and conditions agreed between the parties, unauthorized use of the design, disclosure or provision of the design to a third party and in other cases where the orderer violates these terms and conditions (hereinafter referred to as "violation of the provider's rights"), the provider shall be entitled, in accordance with copyright law, to, among other things, the following:

a) compensation for non-pecuniary damage,

b) damages,

c) the payment of unjust enrichment.

2. In the event that the provider's rights are violated by an orderer who is not a consumer, the orderer shall be obliged to pay a contractual penalty in the amount of three times the price of the digital content to which the violation relates, for each one such violation.

3. The contractual penalty shall be payable within 7 days from the date of its application by the provider.

Article XXIII

Dispute resolution

1. Legal relations arising between the provider and the orderer in connection with the use of the website and the conclusion of the contractual relationship shall be governed by the laws of the Slovak Republic.

2. The parties to this legal relationship agree that in the event of a dispute, the courts of the Slovak Republic shall have jurisdiction.

3. In the event of a dispute between the provider and the consumer, the consumer is entitled to contact the provider with a request for redress, if the consumer is not satisfied with the manner in which the complaint was handled or if he believes that the provider has violated his rights. The request for redress may be sent by email to contact@bkpatterns.com or by post to the Provider's address. If the provider has rejected the request or has not responded to it within 30 days from the date of its dispatch, the consumer has the right to submit a proposal for alternative dispute resolution to one of the alternative dispute resolution entities.

4. The consumer may submit a proposal for the initiation of alternative dispute resolution to the competent alternative dispute resolution entity, which is the Slovak Trade Inspection (www.soi.sk).

5. Consumers can also file a grievance via the EU's alternative dispute resolution platform, RSO. Complaints can be submitted by filling in an online form at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SKThe consumer has the right to choose between alternative dispute resolution entities.

6. Only the consumer may request the resolution of disputes by one of the alternative dispute resolution entities, and this applies only to disputes arising from distance consumer contracts.

Article XXIV

Provider's liability for defects and complaint conditions

1. The provider's liability for defects and the conditions for filing and processing a complaint are governed by the relevant provisions of the Returns and Complaints Procedure adopted by the provider and published on the website www.bkpatterns.com.

Article XXV

Validity of the contract

1. The contract is concluded for a definite period of time, until the obligations of the parties have been duly fulfilled. Where the parties have agreed to grant a licence for a specific period, this contract shall terminate on the expiry of that period, unless extended by agreement of the parties.

2. The contract may be terminated before the expiry of this period only in the cases specified in these terms and conditions.

3. Upon termination of the contract subject to which the licence is granted, the orderer is obliged to discontinue the use of the design as well as the sale of its own products incorporating the design.

A XXVI

1. The personal data of the orderer shall be processed by the provider in accordance with Regulation No 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 (hereinafter referred to as "GDPR") and Act No 18/2018 Coll. on the protection of personal data (hereinafter referred to as "Act on Personal Data Protection").

2. The terms and conditions of the processing of personal data by the provider are specified on the website www.bkpatterns.com in the section Privacy Policy.

Article XXVII

1. The provider is the owner of the website and all content, including all texts, images, videos, recordings, etc. (hereinafter referred to as "content") contained therein. This content is protected under Act No. 185/2015 Coll., the Copyright Act, as amended.

2. The provider is the owner of all digital content offered by the provider.

3. The orderer acknowledges that all content as well as the digital content offered by the provider is protected by copyright law.

4. The content published on the website is for the presentation of the provider only. Any use of this content, in particular the creation of a copy, copying, public distribution, processing, public display, provision or disclosure to a third party and any other use contrary to the interests of the provider is prohibited without the prior consent of the provider.

5. By paying the price for the use of the digital content, the orderer acquires the right to use the digital content within the scope of the license granted. Any use of the content beyond the scope of the licence granted, in particular the creation of a copy, copying, public distribution, processing, public display, sale, giving or making available to a third party and any other use contrary to the interests of the provider is prohibited without the prior consent of the provider.

6. In the event of infringement of the provider's copyrights, the orderer shall be liable according to applicable law, and the provider shall be entitled to claim compensation for non-pecuniary damage and damages. Infringement of copyright may also constitute a criminal offence.

Article XXVIII

Final provisions

1. These terms and conditions shall apply as they appear on the website www.bkpatterns.com on the date of placing the order, unless the parties agree otherwise.

2. The provider reserves the right to change these terms and conditions at any time if required by a change in business policy or applicable legislation.

3. These terms and conditions have been prepared by Lanikova Group, s.r.o. for the website operator and are protected under Act 185/2015 Coll., the Copyright Act, as amended. Without the author's consent, it is prohibited to use this copyright work in any way, in particular, but not exclusively, to copy, publish, change, modify, distribute and otherwise misuse it.

4. These terms and conditions shall come into force and effect on the 28th of July 2025.

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