GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of the online shop girasolifly.com are drawn up in accordance with the Consumer Protection Act (hereinafter referred to as the “CPA”), the recommendations of the Chamber of Commerce and Industry and the international e-commerce codes. The online shop girasolifly.com (hereinafter referred to as the “Online Shop”) is operated by Brigita Drgan, s.p., Hairdressing Studio Las (hereinafter referred to as Brigita Drgan, s.p.). The General Terms and Conditions of Business deal with the operation, the rights of the user and the business relationship between the company and the customer. Basic information:
Brigita Drgan, s.p., Hairdressing Studio Las, Cesta zmage 65d. 1410 Zagorje ob Savi, Slovenia, tax number: 22751165 (the company is not a taxable person), registration number: 8770883000, business account opened with NLB d.d. IBAN SI56 0233 8026 3575 962. Brigita Drgan, s.p. undertakes not to impose any contractual conditions that would be unfair to the consumer, in accordance with the provisions of the Consumer Protection Act. Unfair contract terms are null and void. The present General Terms and Conditions are published on the website girasolifly.com in the footer of the website under “Terms and Conditions” and are also kept in physical form at the registered office of the company. By posting them on the website, the Buyer shall be deemed to be aware of the General Terms and Conditions and, by concluding the Purchase Contract, the Buyer declares that he has read and fully understood the General Terms and Conditions.
CHANGES TO THE GENERAL TERMS AND CONDITIONS
Brigita Drgan, s.p. undertakes that any change to the General Terms and Conditions will be published on the girasolifly.com website as of the date on which the change comes into force. The General Terms and Conditions shall be binding in the form and with respect to the content that was accessible to the parties on the date of conclusion of the contract. If the General Terms and Conditions are amended, the amendments shall become binding on the Customer from the date on which the Customer becomes aware of them. The Buyer shall be deemed to be aware of the changes at the moment of publication of the change on the girasolifly.com website and receipt of the notice of the change. The Buyer shall be deemed to have accepted the amendment to the General Terms and Conditions. If the Buyer declares that he/she does not agree to the amended terms and conditions, Brigita Drgan, s.p. has the right to withdraw from the contract. In the event that a particular provision in the contract or the general terms and conditions is invalid or unenforceable or a legal vacuum is created, the remaining provisions in the contract or the general terms and conditions shall not be affected, it being agreed by both parties that the provision closest to the intent or purpose of the contract shall apply in place of the invalid or unenforceable or non-existent provision.
ACCESSIBILITY OF INFORMATION
Brigita Drgan, s.p. undertakes to provide the buyer with the following information at all times:
- the identity of the company (name and registered office),
- contact details that allow the user to communicate quickly and efficiently (email, phone),
- the essential characteristics of the goods,
- product availability (every product offered on the website is available within a reasonable time or as agreed with the customer)
- the terms of delivery of the products (method, place and date of delivery),
- all prices must be clearly and unambiguously stated and it must be shown whether they already include taxes and transport costs,
- method of payment and delivery,
- the time validity of the offer,
- the period within which the contract can still be withdrawn from and the conditions for withdrawal; and if and how much it will cost the buyer to return the product,
- an explanation of the complaints procedure, including full details of the contact person.
USE OF LANGUAGE
Brigita Drgan, s.p., in accordance with Article 2(1) of the Consumer Protection Act, deals with consumers in the Slovenian language. When labelling products, she provides the buyer with the necessary information concerning the characteristics, conditions of sale, use and intended use of the product. This information is provided in a language which is easily understandable to consumers in the territory of the Republic of Slovenia. The company also uses commonly understandable symbols and pictures instead of verbal language when labelling products. Where the business is also intended for foreigners, the company shall use a foreign language in addition to Slovene, in accordance with Article 14(1) of the ZJRS.
TYPES OF USERS
By registering on girasolifly.com you become a member of the online shop. Registered members and guests who make a quick purchase and do not need to register before making a purchase have the right to buy from the online shop. When registering for the online shop, visitors are given a username identical to their e-mail address and a password. If at any time the user wishes to change his/her e-mail address or password, he/she may do so in his/her user profile.
PRODUCT OFFER
The products offered through the online shop are part of the offer of Brigita Drgan, s.p. The prices of the products are presented as retail prices and include Value Added Tax (VAT) and do not include shipping costs. Prices fluctuate from time to time depending on current promotions and sales. Due to the nature of doing business online, the product range in the online shop is subject to change and updating and therefore errors may occur. In order to be able to correct errors as quickly as possible, Brigita Drgan, s.p. asks that the customer informs us of any errors via the contact details published on the website. We try to display the colours of our products as accurately as possible in the pictures, but we cannot guarantee that the colour on your monitor will be the same as the product in person.
PAYMENT METHODS
The online shop offers the following payment methods:
- by invoice (UPN order), payable to the company,
- by payment card via Stripe.
Brigita Drgan, s.p. ensures that the buyer explicitly confirms that by placing an order, he/she agrees to payment when concluding a distance contract by electronic means. The function that triggers the order is marked ‘confirm order’. The placing of an order shall be accompanied by an obligation to pay the Company.
PRICES
Prices include value added tax (VAT). Prices are valid at the time of order placement and have no predefined validity. Prices in the girasolifly.com online shop are the same for both registered members and guests of the online shop. The purchase contract between the provider and the buyer is concluded at the moment the order is confirmed by the provider (the buyer receives an e-mail with the status “Order confirmed”). From that moment on, all prices and other conditions are fixed and apply to both the company and the buyer. The Company will provide the Buyer with the final price, which will include VAT, prior to the conclusion of the contract or before the offer becomes binding on the Buyer.
CHANGES TO ACCOUNTS
After a subsequent change of order from a natural person to a legal person, the Company will not charge any additional fees for the change of account.
PROMOTIONAL CODE
The promotional code offers various benefits (discounts on products, free postage, etc.) on purchase and is limited in time. The active promotional code is published by the provider in a way that corresponds to the purpose of the provider’s marketing campaign. The Provider does not guarantee that an active promotional code exists at the time of purchase. The active code can be found on the front page of the advertising message, in an email or in other media. The code brings various benefits. Any code is always time-limited and must be redeemed within a limited time period or it is void.
How do I use a promotional code (voucher)?
The promotional code is an alphanumeric string of characters that the user enters in the “promotional code” field before completing the order. The benefit attributed to the voucher is then automatically activated in the system and the product basket shows that the voucher has been activated.
PURCHASE PROCEDURE
On the girasolifly.com website, the user selects the product and clicks on the ”Add to basket” link. The system informs the user that the product has been successfully added to the basket. If he/she wishes to continue shopping, he/she clicks on the top right of the ”x” and is returned to the online shop. If he wishes to complete his purchase, he clicks on the right-hand ‘Checkout’ link and the system takes him to the shopping basket.
Remove an item from your basket:
On the girasolifly.com website, in the top right corner, there is a shopping cart icon showing the products you have added. The user can remove a product from the basket.
Shopping basket:
To complete the order, the user must select the payment method in the bottom right corner. If the user has a valid discount code, he/she enters it in the appropriate field above the payment selection and clicks on the “use coupon” button. In the fields provided, the user provides the required information (e-mail, first name, last name, address, address, place, post code and telephone number), which is necessary for the confirmation and completion of the order and the delivery of the product. If the promotional code has not yet been redeemed, the user can re-enter it in the top right corner. The form allows the user’s data to be saved for the next order. The user confirms his/her details by clicking on the “continue” button and arrives at the page for calculating the delivery costs. The user has the option of using the Slovenian Post. The products that the user has added to the shopping basket while browsing the online shop are displayed. The price of the product, the postage cost, the VAT value and the total cost to be paid are displayed in the shopping basket before the order is completed. By clicking on the “continue” button, the user is taken to a page where he/she selects the type of payment (prepayment by invoice, credit card, paypal) and fills in the details. The user confirms the order by clicking on the ‘Confirm Order’ button.
Completion of order:
The user can review the delivery details provided, the payment method chosen and the contents of the shopping basket. If the order has been successfully completed, the website will display the text “Thank you! Your order has been successfully completed.”
PURCHASE NOTIFICATION PROCEDURE
After placing the order, the customer receives an email notification that the order has been accepted and then receives the tracking number of his/her package in the next email. The online shop may call the buyer’s contact telephone number to verify the information or to ensure the accuracy of the delivery. The purchase procedure for legal persons is similar to that for natural persons, a form must be filled in with the contact details of the company and the tax number.
ORDER
The purchase contract between the Provider and the Customer is concluded in the online shop girasolifly.com at the moment when the Provider sends the first e-mail confirming the Customer’s order. From that moment on, all prices and other conditions are fixed and apply to both the supplier and the buyer. The contract of sale (i.e. the first email notification of the status of the order) is stored electronically on the Provider’s server and is available to Consumers upon their written request.
CONSUMER’S RIGHT OF WITHDRAWAL – REFUND
In the case of distance contracts, the consumer has the right to notify Brigita Drgan, s.p. unambiguously and clearly by e-mail, within 14 days of receipt of the goods in his possession, that he is withdrawing from the contract, without being required to give a reason for his decision. The Buyer may inspect and test the goods received only to the extent strictly necessary to establish the actual situation and as is customary in shops. Any ‘testing’ which deviates from the above may be regarded as use of the goods and the buyer is liable for diminution in the value of the goods under Article 43d(9) of the VAT Act if the diminution is the result of conduct which is not strictly necessary to ascertain the nature, characteristics and functioning of the goods. Pursuant to Article 43(5) of the GPSL, the buyer does not have a right of withdrawal in the case of personalised products, since these are goods which are manufactured according to the consumer’s precise instructions and tailored to his personal needs. The undertaking cannot offer a refund for the price of a personalised product which includes engraving, embroidery, printing or other modification.
The consumer must return the goods to the company’s address immediately or, at the latest, within 14 days of notification that he or she is withdrawing from the order. The consumer is deemed to have returned the goods in time if he sends them before the 14-day return period has expired (postmark verified). The consumer is liable for the cost of returning the goods, if necessary in the event of withdrawal from the contract. The only cost to be borne by the buyer in connection with the withdrawal from the order is the direct cost of returning the goods. When returning the goods, the consumer shall also send the invoice for the goods and his/her personal details and the transaction account to which he/she wishes to receive the refund. The refund will be made by the Company immediately or at the latest within 14 days of receipt of the withdrawal notice. The Company has the right to withhold the reimbursement of payments received until the goods have been collected or the consumer has provided proof that he has sent the goods back. The cost of postage for the return of the goods is non-refundable and will not be included in the refund of the purchase price. The Buyer must return the product to the Supplier undamaged and in unchanged quantity, unless the item is destroyed, damaged, lost or reduced in quantity without any fault on the part of the Consumer. In the event that the goods are returned without their original packaging or damaged as a result of use, the Company may claim from the Customer a refund of the reduction in value of the goods. In the event of withdrawal from a contract where a promotional code or discount code has been used, these funds shall be taken into account as a discount and shall not be refunded to the user. Only the amount paid will be refunded to the user’s TRR.
LIABILITY FOR MATERIAL DEFECTS
The supplier shall be liable for material defects in the goods at the time when the risk passed to the buyer, whether or not the supplier was aware of them. The seller shall also be liable for those material defects which become apparent after the risk has passed to the buyer, if they are the result of a cause which existed before that time. Insignificant material defects shall be disregarded. A defect is material if it does not have the characteristics necessary for its normal use; if it does not have the characteristics necessary for the particular use for which the buyer is purchasing it, which was known or ought to have been known to the seller; if it does not have the characteristics or qualities which were expressly or tacitly agreed or prescribed; if the seller has delivered a thing which does not correspond to a model or pattern, unless the model or pattern was shown only symbolically.
CLAIM FOR MATERIAL DEFECT
In accordance with Article 37a of the VAT Act, the buyer may exercise his rights under the material defect if he notifies the supplier of the defect within a maximum period of two months from the date on which the defect was discovered. In the notification of the defect, the buyer must describe the defect in more detail and give the supplier the opportunity to inspect the item.
The Buyer shall notify the Supplier of the defect by sending an e-mail to Brigita Drgan, s.p. with pictures documenting the defects or by filling in a form specifying the defects. The Company will reply to the consumer in writing no later than eight days after receipt of the request. A Buyer who has duly notified the Supplier of a defect and the Supplier has acknowledged the defect shall be entitled to require the Supplier to remedy the defect in the Goods or to refund a proportion of the amount paid in proportion to the defect or to replace the defective Goods with new, faultless Goods or to refund the amount paid.
WARRANTY
In order to claim the guarantee, the buyer must contact the provider Brigita Drgan, s.p. via email, explain the problem and provide proof of purchase (invoice, order confirmation, etc.) The provider will review and address the request and see how the problem can be resolved as soon as possible. The costs of materials, spare parts, labour, transfer and transport of the product incurred in rectifying the fault or replacing the goods with new ones shall be borne by the Tenderer.
SHIPPING COSTS
Ponudnik pošilja produkte znotraj EU. Pod “Stroški dostave” nudi informacije o dobavnih časih in stroških pošiljanja. Za vsa naročila iz držav zunaj EU lahko veljajo uvozne pristojbine in davki, ki morajo biti poravnani ob prihodu pošiljke in niso všteti v stroške pošiljanja. Carinski stroški se razlikujejo od države do države in v kolikor potrebuje podrobne informacije o carinskih stroških, ga ponudnik napoti na lokalni carinski urad.
SAFETY
Brigita Drgan, s.p. uses appropriate technological and organisational means to protect the transmission and storage of personal data and payments. Credit card authorisations are carried out in real time with instant verification of the data with the banks. Card data is not stored on a server.
LEGAL NOTICE
The online shop and all information, images, graphics and video elements on the website are protected and may not be reproduced or used without prior written permission.
LIMITATION OF LIABILITY
The Provider shall use its best endeavours to ensure that the information published on the website is up-to-date and correct. However, product characteristics, delivery times or prices may change so quickly that the online shop sometimes fails to correct the information on the website. In such a case, the provider will inform the customer of the changes and give the customer the opportunity to withdraw from the contract or to exchange the product ordered.
EXCLUSION OF LIABILITY
The Provider reserves the right to disable or prevent access to the Website due to technical or other problems and maintenance, including disabling or impeding the use of the Online Shop. In the event of technical problems with the website, the Provider reserves the right to cancel orders placed and affected by the technical fault. In the event of cancellation of orders, the customer will be informed as soon as possible and informed of the next steps. It is the Buyer’s responsibility to ensure that the Buyer has adequate protection software (antivirus, etc.) before accessing and using the website. The Buyer must ensure the appropriate security and confidentiality of the data used to log in to the website (email address, password).
COMPLAINTS AND DISPUTES
The Supplier complies with the applicable European consumer protection legislation and endeavours to fulfil its obligation to establish an effective complaint handling system and to designate a person whom the Customer can contact by telephone or e-mail in case of problems. The complaint shall be submitted via e-mail to Brigita Drgan, s.p. The complaint handling procedure shall be confidential and shall include: receipt of the complaint, verification of the complaint, handling of the complaint and reply to the consumer regarding the complaint. Brigita Drgan, s.p. will acknowledge receipt of the complaint as soon as possible, or at the latest within 8 days, and will inform the consumer how long it will take to process the complaint and keep the consumer informed of the progress of the procedure. The Provider shall comply with the applicable European consumer protection legislation and shall endeavour to comply with its obligation to establish an effective complaint handling system and to designate a person whom the Customer may contact by telephone or e-mail in the event of a problem. Complaints should be sent to Brigita Drgan, s.p. via the e-mail address provided. The complaint procedure is confidential. The online shop will acknowledge receipt of the complaint within five working days, inform the customer how long it will take to process the complaint and keep the customer informed of the progress of the complaint. The Provider acknowledges that an essential characteristic of consumer disputes, at least as far as judicial settlement is concerned, is their disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle to a consumer not bringing a dispute before the courts. We therefore make every effort to resolve any disputes amicably. In the event of a dispute being settled by court, the court of the consumer’s domicile will have jurisdiction.
OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
The Provider shall endeavour to resolve any disputes amicably. The Provider shall offer the possibility of out-of-court settlement of disputes and other remedies applicable to undertakings and their accessibility under Article 43b of the PSCT. In accordance with the legal norms, the Provider does not recognise any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that a consumer may bring under the CPSA. The Online Consumer Dispute Resolution platform can be accessed via the following link.
