Terms & conditions
1. GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to Obligations Code (OZ), Consumer Protection Act (ZVPot), Personal Data Protection Act (ZVOP-1), Electronic Commerce Market Act (ZEPT), Electronic Communications Act (ZEKom-1).
Manager of the webshop Butters (hereinafter referred to as "online store") as well as its entire content, is company Kinezika d.o.o. (hereinafter referred to as “company”).
These General Terms and Conditions define business of the online store, the rights and obligations of the visitor, user and customer and business relationship between the company and users as well as customers from the existing offer of products in the online store.
In order to make purchases in our online store, you must register as a customer with us. By registering into our online store, your user name and password will be assigned to you. The user name applies to the e-mail you entered during registration. Username and password unambiguously define and connect user with the provided data. The user can change its user name and password at any time in the users profile. By registration, the user becomes customer and has the right to make purchases in our online store.
The customer is obliged to the terms and conditions that are valid at the time of purchase (i.e. online order confirmation). The company reserves the right to change and / or supplement the general terms and conditions without further notice. Any changes or supplements apply from the moment of publication and are bindign to the customer.
The online store is open every day, 24/7. Orders are processed only on working days. Due to the various techical reasons, online business or even the access to the online store, may not be possible. Therefore the company reserves the right to make a definite or indefinite time limit for retail or for complete access to the online store. The company also reserves the right to completely stop the retail of some or even all products in the online store. The company assumes no responsibility for a failure to act of the online store due to the lack of users or customers knowledge. The company also assumes no responsibility for a failure to act of the online store due to the online store abuse, uavailability due to the network failure, electric power or any other technical disturbances that don't originate from the sphere of company and which would either temporary or in long-term interfere with the use of the online store.
By subscribing to our newsletter, a user agrees that the provided email address can be included on a company's list of recipients for free newsletter. The user can unsubscribe from the e-mail recepients list at any time.
2. ABOUT US
Kinezika proizvodnja, trgovina, storitve d.o.o.
Plinarniška ulica 4
3000 Celje, Slovenija
E-mail address: firstname.lastname@example.org
Phone: +386 3 42 54 338
Company registration number: 3936066000
VAT identification number: SI18918557
Bank account: SI56 3000 0001 6102 618 (Sberbank d.d.)
3. ACCESSIBILITY OF INFORMATION
The company commits to the fact that every visitor, user and customer will be given updated and accurate information about:
- the identity of company (company name and address, registration number and VAT identification number);
- the contact information (e-mail address, telephone number) that enable customer quick and efficient communication with our company;
- the essential characteristics of products from the online store, including the “after-sale” services;
- the availability of products from the online store;
- the delivery (place and time of delivery, etc.)
- prices of products which must be clear and unambiguous. It must be clear whether prices include taxes, shipping costs or any other possible charges;
- payment methods;
- the validity period of the offer from the online store;
- the time limit within which the customer has the right of withdrawal and about the conditions of withdrawal ;
- the method of returning products and the costs that may be charged to the customer;
- refunds in case of a faulty product and contact information of the company.
4. PRODUCTS AND PRICES
Because of the online business, product offers can often rapidly change and update.
Online prices are valid only in the online store.
All prices in the online store are in Euros (EUR) and include VAT. The packaging and delivery costs are excluded (shipping costs are defined in section 7). Prices are valid only for orders awarded through the online store.
Prices are valid at the time you place an order and have predefined term of validity. Prices apply to subsequent changes. The company reserves the right to change prices without further notice.
Although the company is obliged to the most updated and accurate information, it leaves the possibility that information about the price is wrong or that there has been a price change during the order proces (that is, from the time of placing the order to the order confirmation). In these cases, the company will:
- immediately contact and notify the customer about new prices. In this case the customer has the right to confirm, change or partially / fully cancel the order. Regardless of the decision the customer won't have any additional costs.
- enable the customer to cancel the order and will offer the customer a solution that will go to a mutual benefit and satisfaction.
5. THE PURCHASE PROCESS
CHOOSING THE PRODUCT
The user can choose between products that are available in the online store and are in stock. Products marked with "Out of stock / Soon on stock" can not be ordered.
How to choose a product? First a customer has to click on the tab “online store” in the toolbar. The customer can choose the desired product by directly clicking od the “add to cart”. Before choosing a product, the customer can check its properties by clicking on the product image. It can also add product to the basket from the product page and at the same time select the desired quantity (pieces) and the volume (ml) of the product.
The shopping cart icon is in the upper right corner of the online store. By clicking on it, you can at any time review your product selection. If you want to continue shopping, click on “continue shopping” or if you want to place an order, click on "Proceed to checkout". You can change the amount of selected products that are in your cart at any time. How? Make a change in quantity or volume and confirm your change by clicking "update cart". By clicking on the red cross in the last column, you can remove the selected products.
A customer can enforce promotional discount code (Section 6).
To complete the order, the user has to click on "Proceed to checkout" in the shopping cart. Before placing an order, the user is provided with the entire content of the order, including the quantity, volume, prices and shipping costs.
If a user doesn't have a users account, it has to fill in the fields with the required information before placing the order. At this point the user is displayed with the order and has to choose the delivery method and payment. The user places the order by clicking “complete purchase” and simultaneously agrees with these General Terms and Conditions.
After placing an order, the user will receive an email confirmation that the order has been accepted. If user doesn't cancel the order, the order will be processed. The company reviews the order, checks the availability of the ordered products and confirms or with a justifiable cause, refuses the order. The company has the right to contact the customer over the phone number or send an email to the customer in order to verify the provided data or to guarantee the accuracy of delivery. The contract between the user, from here on the customer and the company is at the stage where the order is confirmed, definetively concluded.
The company will prepare and dispatch the order within two working days and will inform the customer via e-mail. In the case of force majeure, because of which the dispatch within the specified time won't be possible, the company commits to immediately inform the customer.
By registering to our online store, customer agrees to the use of personal data for the successful conclusion of a contract and its fulfillment (issuing of an invoice, delivery, etc.).
The purchase process for legal entities is exactly the same as for individuals. The only difference is that during the purchase, legal entity enters a company name and VAT identification number.In both cases, the payment options are the same.
INVOICING AND PURCHASE AGREEMENT
The company issues customer an invoice for ordered products from the online store in electronic format and forward it to the customer's email address. The invoice includes the price quoted and adjusted costs. The customer is obliged to check the correctness of the data before placing an order. The company is not obliged to consider any later established irregularities with invoicing.
The purchase agreement between the company and the customer is concluded in Slovenian language and stored in electronic format on the company's server. This agreement is always accesible to the customer in its users account.
6. PROMOTIONAL CODE (COUPON CODE)
Promotional code or coupon code (hereinafter referred to as "code") provides the customer various benefits such as gifts or discounts when purchasing in the online store.
The customer can find the current code on Butters website in newsletters or in other company's advertisements.
The code is always time limited and must be taken within a given period of time, otherwise it is invalid.
For each purchase it is possible to use only one code.
Code is applied in a way that the customer in the shopping cart enters the code in marked box “coupon code” and confirm it by clicking “apply coupon”, befor placing an order. The code value is automatically deducted from the contract value. The remaining amount is a value of an order and has to be paid. If the code does not provide the discount, the amount of an order remains unchanged and a gift is added to the shipment.
7. SHIPPING AND DELIVERY
Shipping time and delivery of orderd products that are in stock is two working days – this refers to addresses in Slovenia.
The contractual partner for delivery is DPD, couriers and parcel distribution company (Hereinafter referred to as "DPD"). The cost for shipping for orders up to 30,00 EUR, is:
- 4,00 EUR CASH ON DELIVERY
- 2,00 EUR CASH IN ADVANCE
Free shipping is for all orders over 30 EUR.
The customer can take over the ordered products at the company's headquarters from Monday to Friday between 7:00 and 15:00 pm.
8. PAYMENT METHODS
The company provides the customer the following payment methods for the ordered products in online store:
The pro forma invoice - in which case an online price is valid (in detail point 4). In case the company dispatches products after receiving money order to the bank account.
Cash on delivery.
All products are carefully examined before shipment and unharmed, but despite the fact, there is a possibility of errors or irregularities. If the customer wishes to assert a complaint, it shall check the goods forthwith, ultimately on arrival. We reserve the right to reject a complaint in the event that the uselessness of products is the result of the buyer's improper handling.
If the received products are damaged or spilled, the customer has to inform the company about the damage within 3 days after receiving them. The customer informs company via email with added complaint form. Based on an appropriate notification, the company is obliged to exchange products or make a refund as soon as possible but no later than 8 days from receiving the complaint.
In case of receiving false products, the customer has to inform the company via email about it within 8 days after receiving the products and add a complaint form. Based on an appropriate notification, the company is obliged to exchange products or if due to objective reasons this is not possible, make a refund as soon as possible, but no later than 8 days from receiving the complaint.
If the products received in the package do not correspond to the actual quantity on the delivery note, the customer has to inform the company via email about it within 8 days after receiving the products and add the complaint form. Based on an appropriate notification, the company is obliged to send products subsequently or to return a proportional part of the purchase price.
A defect is actual as far as:
- the product does not have the characteristics which are necessary for normal use or trade;
- the product does not have the characteristics required for the specific purpose, for which the customer is purchasing and which the company has known about or it should have been known;
- the product does not have characteristics and virtues, which were explicitly or silently agreed or prescribed;
- the delivered product does not match the sample or model, unless the sample or model was shown only for informative purposes.
The suitability of the product for normal use is verified according to a normal product of the same kind and taking into account any company's declarations about the product, which the latter gave to advertising, product presentation or on the product itself.
In case of any material defect, a customer has to inform the company at his own expense within the legal deadline. The customer has to provide the company a detailed describtion about the defect and also enable an overview of the product (send it along with the complaint form to company's headquarters). The company is obliged to change the product or make a refund.
The right to assert the material defect on the product, in more detail regulates the Consumer Protection Act (ZVPot).
10. WITHDRAWAL AND RETURNS
The customer has to, within 14 days from forwarded notice on withdrawal, return the product to the company's headquarter: Kinezika d.o.o., Plinarniška ulica 4, 3000 Celje, quoting “Butters online store." The customer in connection with the withdrawal, covers only the cost of returning the goods.
The customer has to return the products within 30 days from withdrawal and the products must be undamaged, unopened and in the same quantity unless the goods are destroyed, corrupted, lost or their quantity is reduces and all of the mentioned is not customer's fault.
Given the sensitivity of products, it may happen that due to the improper storage, products can be destroyed (damaged packaging, visible changes in the content), so it is advisable that customer immediately withdraw from the contract.
In case of returning products that have been purchased using a promotional code, these assets are considered as discount and are non-refundable. The customer will receive the refund on the provided bank account immediately but no later than within 30 days from receiving the notice on withdrawal.
Return of received products within the time limit for withdrawal, is considered as a message for withdrawal.
The company will contact a customer by any means of communication at a distance, only if a customer does not explicitly object.
Newsletters will contain the following:
- clear and unambiguous indications that these messages are commercial;
- the sender will be clearly evident;
- various campaigns, promotions and other marketing techniques will be marked as such and will also clearly specify the conditions of participation;
- clear instructions on how to unsubscribe from newsletters;
- if a customer wishes not to receive newsletters, the company will explicitly respect its decision.
Opinions, recommendations, compliments, reviews and other contributions (hereinafter referred to as "comments") written by visitors or customers, are intended for visitors and customers in the online store.
Every visitor or customer can leave a comment. The company is not liable for the content of comments and reserve the right to delete any abusive or inappropriate comments.
The company is not liable for the content of comments and reserve the right to delete any abusive or inappropriate comments.
By posting a review, a visitor or a customer agrees to these General Terms and Conditions and allows the company to publish only a part of a review or its entire content in electronic and other media. The company has the right to use the content of a review for an unlimited time period and for any purpose that is in its business interest, including in advertisement or other marketing communications. The author of a commentary ensures that he/she has material and moral copyrights for written comment and that these copyrights not exclusively and without limitations transferrs to the company.
14. PRIVACY AND DATA PROTECTION
Online shopping and payment in the online store, is safe and secure. To this end and taking into consideration the Personal Data Protection ACT (ZVOP-1), the company uses the appropriate technological and organizational means for permanent protection of personal data and payments, granted by an authorized organization. This prevents the interception of transmitted data.
The purchase in the online store is possible only if a customer provides the personal data. In this case, the company commites that the provided data won't be revealed to unauthorized persons but will exclusively be used for the purpose of fulfilling orders, marketing and for other promotional purposes.
The customer is obliged to provide its own safety, with an appropriate antivirus software. The software will protect its electronic device of wich the customer acces to the online store. It will also protect the customer's username and password. The information that a customer provides to the company, has to supervise the customer itself. If a customer decides not to forward the personal data, he/she will have some restrictions to access the certaing websites or feauters on the website.
The company will use its best efforts to ensure promptness and accuracy of the data published in the online store, but it also does not exclude the possibility of out of date information because of rapid characteristics change of the products, the delivery time or prices. In this case, the company will inform customer about changes and and will provide the customer to cancel or change the order.
Although the company tries to provide accurate and graphic images of products in the online store, a customer should take into consideration that all photos are symbolic. Photos do not guarantee the properties of products so there may occur differences in appearance, comparing photos and reality.
When a product is dispatched, the company is no longer liable for it. The company is not responsible for any physical damage, destruction or product lost shipments nor if there is a lack of content in a consigment or if the consigment is showing signs of opening. In these cases a customer should inform the company about the current situation via email with attached complaint form, within 3 days after receiving the product. On the basis of a complaint, the company is obliged to exchange product or make a refund within 8 days after receiving a complaint.
We reserve the right to disable the website or to disable the access to it due to technical or other problems and maintenance, which also means disabling the use of the online store. In case of technical problems on the website, we reserve the right to cancel all orders affected by a technical error. In case of order cancellation, the company will inform customer as soon as possible and of contracts the buyer will be informed as soon as possible and will acquaint the customer about further steps.
We accept no liability for any damage on customers hardware or software, caused by visiting our online store nor for any damage in connection with products purchased in our online store.
Customer is obliged to provide appropriate security and confidentiality of the information used to log on to the online store (email address and password). The company is not liable for any damage that might result from an unauthorized disclosure or from the use of the data for registration.
16. COMPLAINTS AND DISPUTES
The company complies with all applicable regulations regarding consumer protection.
The company has an effective system for dealing with complaints and resolving the complaints or difficulties that customer might face, when shopping in the online store. A customer can inform us about any troubles that occur using the online store, via our email. A complaint procedure is confidential. We will inform the customer about the received complaint and about the procedure of resolving it, within 5 working days after receiving the complaint.
The company is aware that the proportionality, between the economic value of the complaint and costs incurred in resolving the dispute, is essential. Therefore, the company use its best endeavors to resolve any disputes amicably. If the dispute between the company and a customer cannot be settled amicably, the dispute arose is under the jurisdiction of the District Court in Celje. Both, the company and customer, as a participant in online business, mutually recognize the validity of electronic messages in the Court of Justice.
Under all relationship, as well as the rights and obligations that are not covered by these General Terms and Conditions, the provisions of the Obligations Code (OZ) and the law pursuant to the General Terms and Conditions, shall apply as appropriate.
17. LEGAL NOTICE
All the data, images, graphics, video and other elements on this online store, are a subject to copyright protection and other intellectual property rights and may not be used or reproduced without the company's written permission. The online store may also contain elements copyrighted by third parties and for which the company has obtained the right to use.
The company is not liable for links that are not a part of this online store nor for any other websites that are or are not related with this online store. Provider disclaims all liability for the correctness of any information available on such linked sites, or for any products or services that that are available on these sites.
We wish you an enjoyable journey on butters.si!