General Terms and Conditions
General Terms and Conditions of the www.capucinne.com online shop are drawn up in accordance with the Consumer Protection Act – ZVPot (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 98/2004-UPB2, 126/2007, 86/2009, 78/2011), Electronic Commerce Market Act – ZEPT (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 96/2009-UPB2), Obligations Code – OZ (97/2007-UPB1), and the International E-Commerce Code of Conduct.
Buyers are responsible for all customs fees, taxes, or receiving fees incurred. Buyers are responsible for knowing and abiding by any import restrictions to their country from Slovenia.
The provider undertakes to always provide their clients with the following information:
- the corporate identity (name and address of the registered office of the company, Register Number),
- contact information, which allow the consumer a quick and efficient communication (e-mail address, contact number)
- essential characteristics of the products or service (including sales service and warranties),
- product availability (every product or service offered online should be available in reasonable time),
- delivery and performance terms (the method and period for delivery of the items or performance of the service),
- all prices must be clearly and unambiguously set and it must be made clear whether the price includes the VAT and shipping costs,
- payment and delivery method,
- offer validity period,
- the withdrawal period and the conditions for withdrawing from the contract, including potential withdrawal charges,
- explanation of the appeal process, including the information about the contact person or the customer service.
With the purchase confirmation in the MinimalVS d.o.o. online shop, you agree to the following terms:
- that you are legally protected by the Consumer Protection Act – ZVPot, namely, the congruent norms determine the high degree of uniformity of the services provided by the online store itself, while at the same time prevent the service provider from arbitrariness and inadequate limitations within the general terms and conditions that would not reflect our personal respect for the client;
- that the personal information provided is valid and necessary to ensure the order is correctly fulfilled and later delivered to the desired address;
- that you have carefully read all the terms and conditions of purchase and delivery, and expressly agree that the service provider is not liable for consequences of any irregularities and inaccuracies of the information provided that is generally verifiable, and that in accordance with business practices, the client is obliged to duly notify the service provider of them immediately;
- that you expressly agree the personal data voluntarily disclosed is required for the service fulfillment and is subjected to the Personal Data Protection Act, and confirm that you are aware of the purpose of collecting this information (only for the purposes of fulfilling the order and providing a service);
- the order is considered accepted when it is accepted by the service provider, which simultaneously means the conclusion of the sales contract;
- all prices of services listed are valid until cancellation, and will not change after the order has been accepted;
- the delivery is properly carried out when the package is signed for by the person at the address indicated as the delivery address;
- the client explicitly agrees that the service provider is not responsible for the delivery, insofar as the client immediately sends the complete and properly arranged documentation regarding the order, and in particular the certificate of proper shipment of the parcel. In any event, incurred losses cannot exceed the value of the order, which the client paid to the service provider;
- all personal data necessary for the proper fulfillment of the order will be carefully protected and will not be disclosed to third parties, except in precisely legally defined cases. Depending on the content and duration of each service, we will keep your information exclusively until the expiration of the appeal period regarding the protection of consumer rights, and after that time, only in cases when you give consent for the inclusion of your information in the data collection for our electronic notification system;
- employees and outworkers of the online store who, within the limits of their authority and powers, process and use personal data relating to the fulfillment of online store services, which they have obtained based on your explicit consent that also indicates the legal framework for the use of personal data, undertake to respect your privacy absolutely, and we will issue an appropriate notice of any unauthorized or unacceptable interference in your privacy;
- General Terms and Conditions are drawn up in accordance with Slovenian legislation and international regulations and directives, so everything that is not specifically regulated in these terms is a binding law for us, interpreted and applied in accordance with the practices that are customary for the service provider headquarters’ location;
- In the event of disputes arising in connection with the terms and conditions of sale and operation of the online store, we will assess your appeal objectively and fairly, taking into account the reasons for the appeal, in which case, if we fail to reach an agreement on the appeal, all claims and business documentation regarding the service provided and the resolution of the dispute will be submitted to the Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia, which will determine the type of procedure, inform both parties of the procedure, and decide in accordance with their rules and regulations;
- disputes arising from the order of online store services will be judged under Slovenian law, regardless of your residence or place of delivery. The established court jurisdiction, based on the service provider's headquarters location, is enforced if you state, at the time of order placement, that you are opposed to the procedure of out-of-court settlement of the dispute.
All product prices listed are in euros (€) and include VAT. We reserve the right to change prices, unless otherwise stated (in case of a sale or special discounts) without prior and special notice. Prices are valid at the time of the order and do not have a predefined validity.
Order Cancellation Rights, Returns
The cancellation of an order is subject to the terms and conditions and applicable statutory provisions for the return of goods.
For the return of goods purchased under a distance or off-premises contract, Article 43.č of the Consumer Protection Act (ZVPot) stipulates that the consumer has the right to notify the company within 14 days of the receipt of the goods, and express the desire to withdraw from the contract, without the need for them to state the reason for their decision. A message is deemed timely if the consignment is submitted within the time limit. The only cost to the consumer in respect of cancellation is the direct cost of returning the goods. The latter must be returned to the company no later than thirty days after the notice of withdrawal. The return of goods within the cancellation deadline shall be considered a notice of withdrawal. The right of withdrawal is the right of the consumer, due to the very nature of the distance contract.
The consumer sends his complaints or comments to the e-mail address email@example.com. The consumer has the right to be refunded the purchase price and shipping costs. The only cost to the consumer is the cost of returning goods.
The service provider will refund the entire purchase price to the consumer as soon as possible, and at the latest within 14 days from the receipt of the returned goods.
The consumer must return the goods unused, undamaged and in the unchanged quantity as received, unless the goods have been destroyed, lost or their quantity decreased, for which the consumer was not responsible. The items must be packed in original packaging. A copy of the invoice must be attached.
The consumer cannot return the goods if:
- the items have been customized (example: changed the type, size or shape of the stone from the original design),
- the items have been personalized (example: items engraved per customer’s request),
- the items have been made according to their specifications and instructions (example: If we are provided with an incorrect ring size, the rings can not be returned or exchanged based on this premises),
- the items have been made with custom gemstones or higher grade gemstones/diamonds as displayed online
- the items were purchased during sales or other types of discounts,
- the items have been made in for an expedited (rush) request.
Customized orders can refunded or canceled up to 3 business days after being ordered.
The costs of the return are the responsibility of the consumer, unless otherwise agreed in writing. We do not accept the collect-on-delivery packages. In case of delivery to our costs, we will charge the consumer with the return costs according to the valid price list of Pošta Slovenije (Slovenian postal services). We will not be liable for any costs incurred due to conduct outside the terms of business. We are not responsible for any damaged or lost packages.
The consumer must return the goods to this address
Ulica Lili Novy 3
The rights arising from a material defect in accordance with Articles 37 - 37.č of the Consumer Protection Act can only be claimed by the consumer from the service provider. A copy of the invoice must be attached, the service provider notified in writing, and the defect described in detail. The consumer must allow the service provider to review the item before the refund can be issued.
The product warranty is 12 months and is valid if the product has not been exposed to major physical or chemical stresses, has not been processed, increased or reduced in size, and has no abnormal signs of wear. As normal signs of wear are considered the minor surface damages, which occur due to day-to-day wear. The guarantee is valid only when the invoice is submitted.
If we are provided with a different ring size than the client wears, the rings can not be returned or exchanged based on this premises. We charge the shipping and labor fees for the resizing of the rings.
In accordance with Directive 2011/83/EU of the European Parliament and of the Council, regarding the Consumer act, we provide 24 months of the legal warranty period, which includes the 12 months of product warranty, as stated above.
Responsibility for Content
The provider will endeavor to ensure the data published on the website is up-to-date and correct. Photos published on the website, social networks, and other promotional and sales channels are images of a specific product. Due to the uniqueness of stones and handmade products, the products may differ from the advertised images. Photos do not guarantee the characteristics of the items. The service provider may withdraw from the contract only if a manifest error is established in accordance with Article 46 of the Code of Obligations. As a manifest error are considered all the essential characteristics of the product and any mistakes that would influence the consumer’s decision, who would not have made the purchase of such an item, provided they knew about the mistakes beforehand. This includes obvious price errors.
Complaints and Disputes
The service provider respects the applicable consumer protection legislation. A complaint can be submitted via e-mail firstname.lastname@example.org. The complaint processing procedure is confidential.
The service provider and the consumer undertake to do everything in their power to resolve any dispute by mutual consent.
The service provider reserves the right to change the Terms of Business at any time and in any way, regardless of the reason and without prior notice.
For potential disputes, for which the method of settlement cannot be provided outside the court, the Ljubljana District Court is responsible.
The on-line store www.capucinne.com undertakes to protect the confidentiality of personal data and the privacy of on-line shop users in accordance with the Personal Data Protection Act (Official Gazette No. 86/2004). The collected personal data will be used exclusively for the fulfillment of the services we offer, provision of the information material, offers, receipts and other necessary communications. We respect the confidentiality of personal information and the privacy of on-line shop users, so we will do everything we can to protect them against any violations and abuses. Personal data of users are one of the subjects to which we pay great care and attention, as we are aware of their sensitive nature.