General Terms and Conditions

General Terms and Conditions

 

 

I. General

 

The General Terms and Conditions of business are drawn up in accordance with the Consumer Protection Act (ZVPot), based on the recommendations of the Chamber of Commerce and Industry and international codes for e-business.

 

The website, online shop and reservation platform Kim-Stones.com (hereinafter “website“, “online shop“, “reservation platform”) is managed by Društvo osebne rasti Vega / Societa per la Crescita Personale-Vega; Fazanska ulica 2, 6320 Portorož-Portorose, registration number:2708906, VAT number: 40224694 (hereinafter “the company”).

 

These General Terms and Conditions define the operation of the website, online shop and reservation platform, the rights and duties of the visitor/user, buyer and guest, and the business relationship between the company and the user, buyer or guest.

 

II. Registration on the website

 

By registering on the website, the visitor obtains a user name, which is the same as his e-mail address, and a user password, which is determined by the user himself. The user name and password unambiguously determine and associate the user with the entered data. By registering, the visitor confirms and guarantees that he is an adult, fully capable of doing business. By registering on the web portal, the visitor becomes a user, by making a purchase, he becomes a customer, and by making a reservation, he becomes a guest.

 

II. ONLINE SHOP

 

2.1. Product offer

Due to the nature of online business, the range of products in the online shop is frequently and quickly changed and updated, so errors may also occur. Please let us know about them by email: EMAIL. We will try to eliminate them as quickly as possible.

 

2.2. Delivery time

All products are subject to the delivery date specified on the product page in the online shop. Every product from the online shop is available within a reasonable time.

 

2.3. Prices

All prices in the online shop are stated in euros and include VAT, unless explicitly stated otherwise. All prices in the online shop are product prices and do not include delivery costs. All prices apply only to the electronic order of products via the online shop.

All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed each time. Despite the company’s best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect.

 

2.4. Payment methods

The customer can pay for the ordered products and services by credit or payment card, via PayPal, pre-invoice or cash when picking up the package.

 

2.5. Purchase process

After submitting the order, the buyer receives a notification from the company by e-mail that the order has been accepted. In his profile on the company’s website, the customer always has access to comprehensive information about the status and content of the individual order. If the buyer does not cancel the order, the order goes into further processing. After receiving the order, the company reviews it, checks the availability of the ordered products and confirms the order or rejects it with a reason. In order to verify data or ensure the accuracy of delivery, the company can also contact the buyer by phone in a way that the buyer has allowed or the contact that he provided at the time of purchase. Upon confirmation of the order, the company informs the customer by e-mail about the expected delivery date. The sales contract for the purchase of the ordered products between the customer and the company is irrevocably concluded at this stage. The company prepares and ships the ordered products within the agreed period.

 

2.6. Contract of sale

The company issues a written invoice to the buyer who buys a product from the online shop, with itemized costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The sales contract in the form of a purchase order is stored electronically on the company’s server and is accessible to the customer at any time in his user profile.

From this moment on, all prices and other conditions of purchase are fixed and apply to both the company and the customer.

 

2.7. The right to withdraw from the purchase, return products

The buyer has the right to contact the company via the email address EMAIL within 14 days from the day of taking over the ordered products and inform them that they are withdrawing from the purchase agreement, without having to give a reason for such a decision. The return of the purchased products to the company within the deadline for withdrawal from the sales contract is considered a notice of withdrawal. The only cost incurred by the buyer as a result of withdrawing from the sales contract is the cost of returning the products to the company.

Purchased products must be returned to the company immediately, or at the latest within fourteen (14) days from the date of sending the notice of withdrawal from the sales contract. Purchased products must be returned to the company undamaged, in the same quantity, unless the products are destroyed, damaged, lost or their quantity has decreased through no fault of the buyer.

For returned products, the company will return the amount paid or the gift voucher used to the buyer as soon as possible, but no later than within 14 days of receiving the cancellation notice. The company returns the received payments to the buyer with the same means of payment that the buyer used, unless the buyer has explicitly requested the use of another payment method and the buyer does not bear any costs as a result. The used gift certificate is returned by the company in the form of a credit.

The company undertakes to eliminate the detected error as soon as possible.

The buyer can notify the company of the error via email.

If an error has resulted in unjustified costs, the company undertakes to try to settle them as soon as possible.

The company carefully packages all products in a delivery box before shipping. All products are undamaged, carefully inspected and in their original packaging before packaging.

It is considered that the notice of resignation or the product is sent on time if the shipment is submitted within the deadline.

In the case of a distance purchase, the company may withhold the refund of the received payments until the return of the goods has been received or until the buyer provides proof that he has sent the goods back, unless the company offers the possibility to collect the returned goods himself.

The buyer does not have the right to withdraw from a distance contract for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons, if the buyer has opened the seal after delivery.

 

2.8. Resolving factual errors

The error is real:

– if the product does not have the properties necessary for its normal use or for circulation;

– if the product does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;

– if the product does not have properties and features that have been expressly or tacitly agreed or prescribed;

– if the seller has delivered a thing that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.

The buyer must notify the company and provide a detailed description of the error to EMAIL no later than two (2) months from the day the error was discovered. The company is not responsible for defects that occur after two (2) years of purchase. The customer must allow the company to inspect the product.

If the customer complains about the product within the first six (6) months of taking over the product, the company must prove that the customer’s complaint is unjustified, i.e. that the product is not defective. If the buyer submits a complaint after six (6) months have passed since taking over the product, the existence of a defect must be proven by the buyer himself.

The buyer, who has correctly informed the company about the error, has the right to demand from the seller that:

– correct a defect in the goods or

– returns part of the amount paid in proportion to the error or

– replaces defective goods with new, flawless goods or

– returns the amount paid.

The decision of which of the warranty claims to enforce is solely on the part of the consumer and is not tied to any order of their enforcement.

If the existence of a defect in the goods is not disputed, the company must comply with the buyer’s request as soon as possible, but no later than within eight (8) days.

The company must respond to the customer’s request in writing no later than eight (8) days after its receipt, if the existence of a defect in the goods or an irregularity in the service provided is disputed.

 

2.9. Delivery

Delivery of goods ordered from the online shop is also possible to most countries around the world. The shipping price for different countries is based on weight and is calculated at the online shop checkout. International delivery time for in-stock items is usually 5-14 days. Delivery time may be longer in countries with customs administration. In the event that the ordered goods are not in stock, the company and the buyer will mutually agree on the delivery date.

 

2.10. Complaints, disputes and application of law

The company complies with applicable regulations in the field of consumer protection. The company has an effective complaint handling system in place and has a designated person with whom the customer can contact by e-mail in case of problems. In case of problems or wishes to file a complaint, the customer can contact the company via the e-mail address EMAIL. The appeal process is confidential.

The company will confirm within eight (8) working days that it has received the complaint and resolve the guarantee or warranty claim within the statutory deadline. The company will do its best to resolve any disputes amicably. If an amicable solution to the dispute is not reached, the local competent court is responsible for resolving all disputes between the company and the customer according to Article 51 of the ZPP, in the area of ​​which the obligation that is the subject of the dispute should be fulfilled.

Slovenian law applies and applies to these General Terms and Conditions and to all disputes between the company and the customer.

The provisions of the Code of Obligations, the Act on Electronic Business on the Market, the Act on the Protection of Personal Data and the Act on Consumer Protection apply mutatis mutandis to all relationships and rights and obligations not regulated by these General Terms and Conditions.

 

2.11. Out-of-court settlement of consumer disputes

In accordance with legal norms, the company does not recognize any provider of out-of-court resolution of consumer disputes as competent for the resolution of a consumer dispute that the consumer could initiate in accordance with the Act on Out-of-Court Resolution of Consumer Disputes (hereinafter: ZlsRPS).

In the event that the buyer/consumer is not satisfied with the resolution of the complaint, in accordance with the ZlsRPS, he can file an initiative to start the procedure for the out-of-court resolution of a specific consumer dispute through the European platform for the online resolution of consumer disputes (SRPS). In accordance with ZlsRPS, the company also publishes an electronic link to the European SRPS: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL

The buyer can also decide to file a lawsuit with the competent court of his permanent residence.

 

 

III. Safety

The company uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments. Authorized online systems ensure secure authorizations and credit card transactions. Credit card authorizations are carried out in real time with immediate verification of data from banks. Card information is not stored on the company’s server.

The user himself is also responsible for security, namely by ensuring the security of his username and password, as well as the appropriate software and anti-virus protection of his computer.

 

IV. Privacy Policy

The Privacy Policy, which is accessible here, is also part of these General Terms and Conditions.

 

V. Responsibility

The company makes every effort to ensure that the information published in its online shop and on the booking platform is up-to-date and correct, but the characteristics of the products and services, the delivery time or the price may change so quickly that the company is unable to timely correct the information that are published in the online shop.

Although the company tries to provide accurate photos of products sold in the online shop and photos of accommodation and other service providers, all photos should be taken as symbolic. Photos do not guarantee product or service features.

 

VI. Changes to the General Terms and Conditions

The company may, in the event of changes to the regulations governing the operation of online shops, data protection and other areas related to the operation of the company’s online shop, and in the event of changes to its own business policy, amend and/or supplement these General Terms and Conditions, which will be discussed each time informed the users in an appropriate way, where information through the website counts in particular. Each time changes and/or additions to the General Terms and Conditions come into effect and are applied after the expiration of eight days from the publication of the changes and/or additions. If the amendment and/or amendment of the General Terms and Conditions is necessary to comply with the regulations, these amendments and/or amendments may, exceptionally, enter into force and be used in a shorter period of time.

A user who does not agree with the changes and/or additions to these General Terms and Conditions of Business must cancel his registration within eight days from the publication of the notice of change and/or amendment to the General Terms and Conditions, otherwise, after the expiration of this period, it will be considered and evidence to the contrary is not admissible , that the user accepts changes and/or additions to the General Terms and Conditions. Cancellation of registration is done by the user notifying the company of the cancellation in writing.

 

Društvo osebne rasti Vega

 

Lucija 2023