GENERAL TERMS AND CONDITIONS

 

   1. General

This Terms and Conditions govern the use of the Nessa-art online store (hereinafter: Online store), which is operated by company NESSA ART, slikarske storitve, Neža Erjavec s.p., Žabjek 1, 1294 Višnja Gora (hereinafter: Provider) and it is available at www.nessa-art.si (hereinafter: Website).

Generals Terms And Conditions are drawn up in accordance with the Consumer Protection Act, they are based on the recommendations of the Chamber of Commerce and Industry and international codes for electronic commerce. Terms and Conditions deal with the operation of the Online store, the rights of the buyer and the business relationship between the buyer and the seller (Provider).

Provider undertakes to make the following information available to the buyer at all times:

·         company identity (company name, registered office and registry number),

·         contact information enabling the user to communicate with the Provider,

·         essential characteristics of the goods,

·         terms, costs and possible methods of delivery of the goods,

·         clearly and unambiguously set prices,

·         possible payment methods,

·         period of validity of the offer and the terms and conditions for withdrawal,

·         information about appeal process.

 

   2. Prices

Prices in the Online store are indicated in euros. VAT is not included basis on the paragraph 1 of Article 94 of the Value Added Tax Act.

Prices are valid at the time of placing the order and do not have a predefined validity. Prices are valid in case of payment with published payment methods.

 

   3. Purchase

Ordering is possible 24 hours a day, 7 days a week, 365 days a year. The sales contract between the Provider and the buyer is concluded in the moment, when Online store sends the first e-mail confirmation of the buyers order.

The buyer on the Website can chose among the products in the store tab. By clicking on the “add to chart” button, the buyer selects the desired product, which is then visible in the cart. If the buyer wants to change the item, which is already in the cart, he can remove the selected item from cart, by clicking on the red button. The buyer proceeds with the purchase by clicking on the “continue to checkout” button, where buyer enters his personal information, selects a payment method and by clicking “buy now” places the order.

Upon completion of the order, buyer receives a confirmation email with information about the selected order.

 

   4. Payment methods

Online store offers the following payment methods:

·         with payment in advance on bank account no. SI56 0204 1381 5191 874 which is in property of the Provider. The buyer receives the payment information by e-mail after the order has been placed. Transfer must be completed within 8 days after receiving the e-mail with information regarding payment. If buyer fails to pay within, it counts that buyer has canceled the order.

·         with paymet via Paypal. By clicking on the “paypal” button, the buyer automatically connects himself to the paypal website, where buyer can make a payment.

 

    5. Delivery and personal pickup

Shipping partner is Pošta Slovenije, but Provider is reserving his right to choose another delivery service in case of more efficient execution of the order. The amount of shipping costs depends of the method of payment and the amount of purchase and it is shown on, when buying each product.

The buyer can also choose personally pick up for the ordered goods. Personal pick up is possible at Teslova ulica 23 in Ljubljana (“Vila Teslova”). (»Vila Teslova«).

 

   6. Gift certificates

Gift certificates can be ordered via email address  and they can be redeemed in Online store and also in other business relations with Provider. The buyer can order gift certificate in the amount he wish, but the amount on the certificates always should be round up (10, 20, 30, 40 EUR, etc.)

It is not possible to convert gift certificates into cash payments. For purchases that are less than the amount on the certificate, the Provider does not refund. For higher amount, however, the buyer may pay the difference. Gift certificates do not have a time limit and they can be redeemed for any set of products, including custom-made products.

 

   7. Possibility of custom-made product

Provider also offers the possibility of custom-made artwork. Each such arrangement is being treated individually and it is a matter of special agreement between the provider and the user of the website and cannot be ordered in the online store.

 

   8. Refund of products and purchase price

In accordance with the provision of Article 43 of Consumer Protection Act, the buyer has the right to withdraw the contract without having to state the reason for his decision, in 14 days of taking over the product. The products must be returned to the Provider at the latest within the 14 days from the notice of withdrawal.

The only costs that is borne by the buyer in connection with the withdrawal, is the direct cost of returning the goods.

The buyer must return the received products undamaged and in unchanged quantity, unless the products are destroyed, spoiled, lost, or their quantity reduced without being guilty of it. It is forbidden to freely use the products until of the withdrawal from the contract. Only because of the nature of the online store (distance contract) the buyer is able to rethink the purchase. The buyer may only inspect the product and pass the test, which is strictly necessary to determine the actual situation.

The buyer does not have the right to withdraw from contract, in the case of contract where the object is custom-made product, which has been manufactured according to the precise instructions of the buyer or which has been adapted to his personal needs or which, by his nature, is not suitable for return.

The buyer can notify the Provider via email  by directly declaring that he is withdrawing from the contract, or by submitting to the Provider a Form for withdrawal from the contract Nessa art

 

   9. Complaints

If the delivered products differ from the ordered products or the products that were not subject to the order were deliverd, the buyer may inform the Provider on email address and return the delivered products in accordance with the agreement. In the event of a recognized complaint, the provider will replace these products free of charge, with the corresponding ones.

 

   10. Liability

The Provider is not responsible for the use of the Online store and for any damage caused by the use of the online content contained therein. The Provider does his best to ensure accuracy of the information contained in the Online store, but nevertheless, due to the specific nature of the online store’s business, the properties of the items, delivery or prices may change in such a short time, that the information on website cannot be corrected. In such a case, the Provider will inform the buyer of the changes and enable him to withdraw from the order or Provider will try to seek a mutually agreed solution.

Although the provider strives to provide accurate pictorial representations of the products being sold, all pictorial representations must be considered symbolic and thus do not guarantee the properties of the product.

 

   11. Legal notice

This Website is in sole property of the Provider and with it all contents, logos, photographs and other audiovisual and textual works. All these elements are thus subject to intellectual property, whereby the Provider has the sole right of disposal. Any reproduction or other use of any element of the website for any other purpose, including commercial use, or for use of third parties is prohibited without the prior written consent of the Provider.

The Provider reserves the right to make dally changes to the contents, mistakes in prices and in written text. By using the online store, the buyer confirms that he accepts and agrees to this Terms and Conditions.

 

   12. Protection of personal data

The Provider undertakes to protect all private information of the buyer in accordance with the provisions of the Personal Data Protection Act. All personal information of an online store user are confidential and they not will be forwarder to any unauthorized person.

Purchasing in an online store requires the collection of some personal information from costumers. The provided information will not be disclosed to third parties, except for the purpose of confirming the validity of the purchase and delivery of the products. The Provider takes all necessary measures to protect the confidentiality of personal data in accordance with Personal Data protection Act.

By purchasing from the Online store, the buyer expressly agrees, that Provider can store and use his personal information, which he provide at the time of the order (name, surname, address, e-mail, telephone), for the purpose of fulfilling the order.

The Provider is committed to the utmost care for the privacy of all personal data, but nevertheless warns, that abuses are possible. It is also the responsibility of the user or the buyer himself, to protect his personal data by ensuring the security of his username and password and the proper software (antivirus) protection of his computer.

 

   13. Complaints and disputes

The Provider complies with the applicable consumer protection legislation and strives to fulfill its duty to establish an effective complaint handling system. The complaint can be submitted via e-mail The procedure for handling the complaint is confidential. The provider shall use its best endeavors to resolve any disputes by mutual agreement.

In accordance with statutory norms, the Provider does not recognize any out-of-court consumer dispute resolution provider as competent for resolving consumer disputes that could be initiated by the consumer under the Out-of-Court Consumer Disputes Act. The Provider publishes an electronic link on his website for the Consumer Dispute Resolution Online Platform (SRPS), which is available to consumers (http://ec.europa.eu/odr)

 

NESSA ART, Neža Erjavec s.p.

Žabjek 1

1294 Višnja Gora

E-mail 

Registration number: 8241490000

ID for VAT 70595267

ID for VAT 70595267: No

Bank account: SI56 0204 1381 5191 874

 

In Višnja Gora, 26.06.2019

 

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