Terms and Conditions - Etnobotanika

GENERAL TERMS AND CONDITIONS

WWW.ETNOBOTANIKA.NET is an online portal which is administered by the company ETNOBOTANIKA D.O.O. (in following » provider«). The portal is established under and pursuant to the Consumer Protection Act (ZVPot-UPB2, OJ RS 98/04 and further), the Law on Protection of Personal Data (PDPA-1-UPB 1, UL RS 94/07 and further )and the Electronic Communications Act (ZEKom-1, UL RS 109/2012). These terms and conditions (the “Terms”) are governing the operation of the portal, shop, user rights and business relationship between the provider and the user of the online store and website WWW.ETNOBOTANIKA.NET

The provider reserves the right to change the Terms at any time without prior notice.

For the avoidance of doubt and for the purposes of these Terms the term »user« represents each visitor to a website WWW.ETNOBOTANIKA.NET and everyone that on this site makes a purchase.

USER ACKNOWLEDGES AND AGREES THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE USER, USER HEIRS, AND ASSIGNS (COLLECTIVELY, “USER”) ARE INDICATING THAT USER HAS READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT USER HAVE REGISTERED OR NOT.

These Terms comprise also Privacy policy, published at_____________________________________

The user is bound by the Terms that are valid at the time of a visit or a purchase (the order made via e-mail info@ETNOBOTANIKA.NET). The user is made aware of these Terms at every purchase and by ordering he/she accepts these Terms). Terms are also available at the head info of the provider for users.

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USERS

User may only be a natural person, over 18 or person older than 15 and have a legal guardian.

If user accepts or agrees to these Terms on behalf of a company or other legal entity, user represents and warrants that he/she has the authority to bind that company or other legal entity to these Terms and, in such event, “user” will refer and apply to that company or other legal entity.

User orders via info@ETNOBOTANIKA.NET by fulfilling the Form upon instructions and in accordance with these Terms.

INFORMATION BY PROVIDER

The provider is bound to provide to the user the following information before the user is bound by purchase:

1.information about company (name and place of business, registration number),

2.contact information which enables fast and efficient communication (e-mail, phone),

3.crucial and essential features of products (including after-sales services and guarantees) and durability of products,

4.availability of products (each product offered on the site should be available within a reasonable period of time),

5.delivery terms (and the manner, place and time of delivery),

6.prices, which must be clearly and unambiguously defined with all included taxes and transport costs and other charges,

7.payment terms,

8.time limit of the tender,

9.time period for user to withdraw the order and conditions for withdrawal (description of the right of withdrawal in accordance with ZVPot 43c; user is expressly informed when no withdrawal is possible upon the law),

the appeal proceedings, including all the information on the contact person or department for contact.

COOKIES

Cookies are small text files that most sites store in the device for users to access the Internet. Their storage is under the full control of the user, so cookies may be disabled. Cookies perform many functions – allow tracking of the websites’ visits, enable various campaigns and discounts and via cookies also information on whether the user is eg. subscriber to online news or entitled to certain discounts or benefits is stored.

Cookies are used by most websites as they allow a convenient way to keep fresh and relevant content that is in line with the interests and preferences of users. Based on the statistics of websites visits, website operators can evaluate the effectiveness of the design of their websites, as well as the appropriateness of the type and number of the advertisement provided to users.

Consent to the installation of cookies is not required for emergency cookies. These allow normal operation of the website. Through these cookies it enabled basic use of the website, and securely transmit orders and payment. Without these cookies page does not operate normally, or does not work so well when cookies are rejected.

The user can withdraw from cookies at any time.

The provider uses the following cookies:

Name	Purpose	Length

PHPSESSID	Establishing website operations	Session
_utma	Notes on user distinguishment	2 years
_utmb	Notes on new user	30 minutes
_utmc	Website view statistics	Session
_utmz	Specifies the source of traffic or campaign	6 months

ORDERS

By clicking on “Order” user completes order form and specifically agrees to these Terms, which he/she was aware of. Order/contract is concluded in the Slovenian language. In any case, the user receives immediately or within a few hours order confirmation by email. If the user receives no order confirmation, the user shall send an e-mail to info@ETNOBOTANIKA.NET.

For simpler and faster ordering provider allows electronic submission of the order and by that, it is considered that the sales contract between the provider and the user is concluded when the user receives a written order confirmation by e-mail.

In case of inability to supply the ordered product (on time), the provider is obliged to inform the user in writing the time period of the expected time of delivery.

OFFER AND PRICES

Nature of business via the Internet is very dynamic and because of that, it may happen that at the time of the order, the certain product cannot be delivered. In this case, the provider informs the user in written after processing his/her order.

All prices in the online store WWW.ETNOBOTANIKA.NET are given in EUR and contain prescribed VAT. The provider uses it’s best effort to ensure the currency and accuracy of the information on the website, but there is nevertheless possible that the availability, characteristics of the articles and information about the prices are wrong. In this case or in the event that the prices of the products are altered during the processing of the order, the provider will inform the user about the changes and give him a chance to cancel the purchase or provider will offer an alternative.

PAYMENT TERMS

Provider offers the following methods of payment:

Bank transfer (proforma invoice)

The user may also pay for ordered products at any bank, the Post of Slovenia or via e-banking by bank transfer to provider’s bank account nr.: SI56 0312 7100 0889 494 opened with the SKB banka d.d. Payment is made based on the received electronic messages or by invoice after the order. When paying, please indicate the precise reference in order to provide faster delivery. Delivery time begins with the date of receipt of funds on account.

Once the provider has received the payment, the user will be informed about it via e-mail “order confirmation”. Due to the rapid preparation of the package, the user can inform provider about the payment by sending email to info@ETNOBOTANIKA.NET.

Ordered products will be dispatched after successful completion of payment on account. If within 72 hours of the issued e-mail “pro forma” invoice provider will not receive the funds, the order will be rejected.

The provider asks the user to wait with the payment until order confirmation message is received because the provider can not guarantee that the paid products could be delivered within the desired time period. The provider will inform the user about this.

The user will receive an invoice with the package.

The invoice is broken down to the price and to and all costs relating to the purchase and delivery, accompanied with a notice of right to withdraw from the order.

The user is obliged to check the correctness of the data before placing an order. Later given objections, as to the correctness of invoices issued, will not be considered.

DELIVERY

The user will be informed about the scheduled delivery time which starts from the date of received order confirmation. Delivery time for all products in stock is generally 2-5 working days, from Monday to Friday. For products not in stock, a delivery date as stated with the product is valid. Delivery is possible on working days from Monday to Friday, on Saturdays, Sundays and public holidays and other free days dispatch is not possible.

Delivery option:

– Post of Slovenia delivery – price is calculated in the order form and already includes VAT.

The cost of delivery in the amount of € 3,50 applies to all purchases up to € 39.99. The cost of delivery is free of charge in case the ordered products are valued over € 40 or for individual products if so expressly stated next to the product.

In case of replacement or refund, the provider does not reimburse shipping costs, unless otherwise agreed. The user who does not pick up the first delivery is obliged to pre-pay the entire purchase price and delivery costs if the package is resent out at his request.

CANCELLATION AND REFUND

The user has the right, within 15 days of receipt of products to withdraw from the order without having to state a reason for its decision, by sending a written notice. Communication is timely if the letter was submitted within the deadline. The only cost incurred by the user in connection with the cancellation of the order is the direct cost of returning the items by post or in person at the provider’s address. User must inform the provider in writing within 15 days of receipt of the products about the withdrawal, namely to email address info@ETNOBOTANIKA.NET and the products must be returned no later than 30 days following the notification of the withdrawal. Provider reimburses to the user all payments made in respect of an order within 30 days of receipt of the notification of withdrawal. If the products have been received and user withdraws from the order, the products must be returned in their original packaging, unused, undamaged and in the same amount, except where the products are destroyed, corrupted, lost, or the quantity reduced, without the fault of the user.

The user must carry out an inspection and test products to the extent that it is necessary to establish the actual condition of the products. The user is responsible for the decrease in value of the products if the decrease is resulting from an act that is not absolutely necessary to establish the nature, characteristics and functioning of the products.

Products that were actually returned in the timeline for noticing the provider about withdrawal, are deemed as provider being notified about withdrawal.

Provider asks user not to take any declaration off the products until it is completely sure whether this product suits the user, as it will only be possible to refund without fuss.

WARRANTY

Products are warranted if so indicated on the warranty or invoice. This warranty is valid by following the instructions on the warranty, and upon receipt of invoice. The warranty periods are listed on the warranty or invoice. Warranty information is also listed on the side of the presentation of the product. If the warranty information is not attached, this product is not warranted or the information currently is unknown. In the latter case, the user may contact the provider for additional information.

COMMUNICATION

The provider should contact the user through means of distance communication only if a user does not explicitly object. Promotional e-mails must be clearly and unambiguously marked as advertising messages, the sender should be clearly visible. Request of the user, that he/she does not wish to receive promotional messages, must be respected.

Bulletin e-mails will contain the following elements:

– Clear and ambiguous markation as advertisements,

– The sender will be clearly visible,

– Various campaigns, promotions and other marketing techniques will be marked as such and it will clearly set out the conditions for participation in them,

– Clear information on the way to unsubscribe from receiving advertising messages will be seen,

– Request to enable the user to withdraw from advertisement will be seen

PERSONAL DATA

The provider undertakes to permanently protect all personal user data in accordance with the ZVOP-1.

Provider in accordance with the applicable law keeps the following information: full name, email address, contact phone, the primary address and shipping address, country of residence, date and time of registration and the archives of communication with the provider. The provider shall undertake to ensure that any data obtained through the website WWW.ETNOBOTANIKA.NET remains fully owned by the provider and will be used solely for the purposes of execution and delivery of the order, unless the user specifically agrees on some other form of use of the data.

User data shall in no case be handed over to any unauthorized persons.

After the completion of the order only data relating to a particular order is kept and the access to these data is possible only through the knowledge of the account number and order number.

Also the user is liable for the protection of personal data in a way that ensures the security of user’s e-mail address, username and password, and the appropriate software (anti-virus) to protect a computer.

INTELLECTUAL PROPERTY RIGHTS

All materials on the site are the exclusive intellectual property of provider, their reproduction, copying, processing, use in any medium and in any form and/or distribution without the express consent of the provider is prohibited. All Content is provided on an “As Is” and “As Available” basis.

ETNOBOTANIKA is a trademark of the provider in the registration procedure before OHIM.

Any unauthorized use of intellectual property rights without permission will be sanctioned.

LIABILITY LIMITATION

A provider is not liable for any inaccuracy of content published or unavailability of the website, or interference in access to, or interference with the use of a website, for a lower quality thereof or any other situation on and in connection with the website. The provider is also not liable for damage which may be incurred on hardware, software, or other user equipment due to the use of the website. The user should provide adequate protection software (antivirus, etc.) before accessing the website and the use thereof.

The provider has the option of withdrawing from the order only if it finds a manifest error (Article 46 OZ). As a manifest error is considered an error in the intrinsic features of the product and all the circumstances in trade considered to be decisive and provider in the case of knowledge should not endorse or enter into the order. It also includes a manifest error in the price.

In case of technical problems on the website, provider reserves the right to cancel the order, which is affected by the error and provider is not obliged to repay any damages or occured costs. In case of cancellation of orders, the user will be informed as soon as possible.

TERMINATION, DISPUTES, MISSCELLANEOUS

Invalidity of any provision of these Terms, regardless of the reason of invalidity does not result in the invalidity of these Terms in full. In such a case, the invalid provision shall be deemed unwritten, while other conditions continue to remain in effect without the invalid provision.

In the event that the provisions of these Terms conflict with the terms of individual contracts between users and provider, the terms of individual contracts prevail.

The provider will endeavour to any disputes with users to be resolved peacefully and in a spirit of mutual cooperation, in the event that this is not possible, however, disputes are to be settled with the competent court in Radovljica. Users can send their views, complaints or questions to the info@ETNOBOTANIKA.NET. These Terms shall be interpreted and governed by the law of the Republic of Slovenia and in the Slovenian language.