GENERAL TERMS AND CONDITIONS
*** Shipping costs are charged for each purchase.
The General Terms and Conditions are compiled in accordance with the Consumer Protection Act, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and International codes for online and electronic business. Mak Gallery Online shop (hereinafter referred to as the “online store”) is managed by Mak Gallery (Aleni d.o.o., Krištofova 12, 1000 Ljubljana), an online trade provider (hereinafter referred to as “the Merchant”).
By visiting the online store the visitor becomes a user and acquires the right to purchase. By purchasing a product, the user becomes a buyer.
These General Terms and Conditions define the functioning of the online store, the rights and duties of the visitor, the user and the buyer, and the business relationship between the Merchant and the User as a buyer of products from the online store.
2. ACCESSIBILITY OF INFORMATION
The Merchant undertakes to always make available to the user:
- Information on Merchant’s identity (specifically company’s name, address and the registry number);
- Contact information that enables the user to communicate quickly and effectively with the Merchant (e-mail address, telephone, etc.);
- Information on essential product features or services from the online store offer, including after-sales services and warranties;
- Information about product availability or services from the online store offer;
- Manner and conditions of delivery of products, notably the place and the delivery deadline;
- Information on the method of payment;
- Information about the timing of the offer from the online store;
- Information on the time limit within which it is still possible to withdraw from the contract and the conditions for withdrawal;
- Information on the possibility of returning products, and where applicable, on the costs of returning these to the user;
- Information on the user’s complaint procedure and information on the Merchant’s customer service contact.
3. OFFER OF PRODUCTS, DELIVERY AND ACCESS
Due to the nature of online shopping, the offer of online store products will often update and change rapidly. The delivery time of products that are in stock is 3-5 working days for delivery addresses in Slovenia. For products out of stock the delivery date indicated on the product in the online store applies. Every product from the online store is available within a reasonable time.
Upon the submission of a purchase order the user may determine one of the following methods of delivery:
- Personally in the MAK Gallery, Slovenska cesta 35, 1000 Ljubljana, in this case no postal costs occur;
- By post, in which case postal costs occur.
4. METHODS OF PAYMENT
The Merchant offers the following methods of payment of products purchased on-line:
- Payment on delivery
- Payment by credit card (MasterCard, Visa, Karanta)
- Payment by Paypal
Online price applies to all registered online buyers.
All prices in the online store are listed in euros and include VAT, unless otherwise stated explicitly.
Prices valid at the time of the order apply. In the event that the price of the product changes during the processing of the order, that is, from the moment of the order to the time of confirmation of the order, the Merchant will:
- Inform the user (buyer) of the new price; in such a case, the user (buyer) has the option to change their order, to cancel it partially or completely or to confirm the order with the new price, all at no extra cost;
- Allow the user (buyer) to withdraw from the purchase and at the same time offer them a solution that would be of mutual benefit and satisfaction.
6. PURCHASING PROCEDURE
6.1. Technical steps leading to the conclusion of a sales contract
During the purchase process, the following technical steps are available to the user (buyer):
- Searching for a particular product in an offer of products;
- Selection of product for purchase;
- Adding the selected product for purchase in the shopping cart;
- Reviewing the price of the selected product in the selected quantity, including the calculated tax, if it is charged;
- Choosing the product delivery method;
- Choosing the payment method;
- Reviewing the order with the selected delivery method and the calculated shipping costs if they are charged and
- Confirmation and completion of the purchase.
6.2. Technological means that enable identification and correction of errors prior to the final confirmation of the order (award of contract)
Prior to ordering, the user (customer) can, through the graphical user interface, with immediate effect, easily and without any problems:
- See and inspect what products they selected and added to the shopping cart;
- See and review the price of each product and the total cost of the entire selected quantity of each product;
- Change the selected quantities of each product and calculate the new price of the quantity so changed;
- Remove the selected products that they do not want to buy from the shopping cart
- Calculate the tax, according to the tax rate applicable to the selected product and its price (tax base).
Before confirming the order, the user (customer) can, through the graphical user interface with immediate effect, easily
- Change the chosen method of delivery of the product;
- Change the selected payment method, and
- Review and confirm individual changes.
6.3. Order acceptance
After the submission of the order, the customer (buyer) receives from the Merchant by e-mail a notice that the order has been accepted. Within 1 hour of receipt of this notice, the user (buyer) has the option of canceling the order without any consequences. Apart from the cancellation option, the user (buyer) cannot change the content of the order after the award of the contract.
6.4. Order confirmation
If the customer (buyer) does not cancel the order, the order will be processed. Upon receipt of the order, the Merchant checks the availability of the ordered products and confirms the order or rejects it for a reason. The Merchant can also contact the customer (buyer) on a contact telephone number to check the data or to ensure the accuracy of the delivery. Upon confirmation of the order, the Merchant informs by e-mail the user (buyer) of the planned delivery date. The purchase agreement for the purchase of ordered products between the user (buyer) and the Merchant is irrevocably concluded at this stage (see point 7).
6.5. Shipment of the Goods
The Merchant prepares and dispatches the ordered products within the agreed deadline and informs the customer (buyer) via e-mail. In the electronic message from the previous sentence, the Merchant instructs the customer (buyer) also about the product return policy and informs them about the contact persons for complaint or in case of delay in delivery.
7. CUSTOMER CONTRACT
The Merchant will issue an invoice to the user who buys a product from the online store with a breakdown of costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The sales contract between the Merchant and the customer (buyer) is concluded at the moment when Merchant confirms the order (see point 6.2). From this moment on all prices and other terms of purchase are fixed and apply to both the Merchant and the customer (buyer).
8. RIGHT TO WITHDRAW FROM THE PURCHASE, PRODUCT RETURN
The User (Buyer) has the right to inform the Merchant, by e-mail to the address: email@example.com, within 14 days from the date of delivery of ordered products, that they withdraw from the sales contract without needing to state the reason for such a decision. The return of the purchased products to the Merchant within the time limit for withdrawal from the sales contract, shall be deemed to be a withdrawal notice. In this case, the only cost which is borne by the user (buyer), is the cost of returning products to the Merchant.
Purchased products must be returned to the Merchant no later than 30 days after the notice of withdrawal from the sales contract. Purchased products must be returned to the Merchant undamaged, in their original packaging and in unchanged quantity, unless the products are destroyed, defected, lost or their quantity decreased, without customer’s (buyer’s) fault. If the mail package with which the user (the buyer) received the ordered products is physically damaged, if there the contents are missing or the package shows signs of opening, the user (the buyer) must initiate the complaint procedure with the supplier of the shipment (see point 15). The goods are to be returned to the Merchant as soon as possible and no later than 30 days from the receipt of the cancellation message, the paid amount or the used gift voucher, and any promotional codes used and other discounts are not returned to the customer (buyer). The refund of the paid amount is made by the Merchant onto the buyer’s personal or User transactional account. The gift voucher is returned in the form of a credit note.
Products have a warranty if so stated on the invoice or the warranty card. The warranty is valid taking into account the conditions stated in the warranty card and in the invoice. The warranty period is stated in the warranty card or in the invoice. The warranty conditions are also stated in the presentation of the product in the online store. If there is no warranty information in the online store, then the product does not have a warranty.
The user (buyer) can claim the guarantee with the Merchant on the basis of the warranty card and the invoice.
The Merchant will deliver the ordered products to the customer (buyer) within the agreed time. In case of delivery of products by post, the buyer also pays postage costs.
The trader uses appropriate technological and organizational means to protect the transmission and storage of personal data and payments. For this purpose, the trader uses a 128-bit SSL certificate issued by an authorized organization.
The user is also responsible for the security of his user name and password and for the proper software and antivirus protection of his computer.
12. CHILD PROTECTION
The Merchant in the online store does not accept orders from someone whom they know or suspect to be a child, without having the express permission of their parents or guardians. The Merchant in the online store does not offer free access to products or services that are harmful to children.
Without the express permission of the parent or guardian, the Merchant will not accept any personal data concerning children, nor will he issue information received from children to third parties other than parents or guardians.
Any communication intended for children will be appropriate to their age and will not take advantage of children’s trust, lack of experience or sense of loyalty.
The Merchant undertakes to protect the confidentiality of personal information and the privacy of online shop users. The Merchant will use the collected personal information exclusively for the provision of the services offered. The Merchant respects the confidentiality of personal information and the privacy of online shop users and he will take the necessary steps to protect them from any violations and abuses. Personal data of users are one of the areas to which the Merchant pays particular attention and care, as he is aware of the sensitive nature of this area.
13.2 Use of personal data
For the purposes of providing the services it offers, the Merchant collects, manages, processes and stores the following user data:
- Name and surname;
- Delivery addresses;
- Company or the name of the legal entity (if the user is a legal person);
- The tax number of the legal entity (if the user is a legal entity);
- E-mail address (user name);
- Password in encrypted form;
- Contact telephone number;
- Country of residence;
- Other data that the user voluntarily enters into forms in the online store;
The Merchant is not responsible for the correctness, completeness and promptness of the data entered by users.
13.3. Cookies and IP addresses
The Merchant assigns the user a cookie to identify, monitor the shopping cart, and ensure traceability (ie “cookie”) whenever a user starts each time he / she uses it, which is stored in the server’s memory for the duration of the online store visit and is deleted after one hour of inactivity. The Merchant can also store some permanent cookies on the user’s PC, such as, for example, the user identification number in the encrypted format for identifying the next visit to the online store or product rating, by which the user knows which items he has already evaluated, and indirectly also cookies of the external Google Analytics that serve to analyze site visits. The trader may use this data in an anonymous summarized form for statistical analysis purposes. For the purpose of providing online security, the Merchant also collects IP addresses of users accessing the online store.
13.4. Declaration on the protection of the confidentiality of personal data and the privacy of users
In accordance with the regulations governing the protection of personal data, the Merchant is obliged to protect the personal data of users of his online store. Under no circumstances will the Merchant supply personal or other user data to a third party, without explicit authorization, nor will allow a third party to get these data, unless required by the national authorities, if such an obligation is specified by the law or if such action is necessary for proceedings before courts or other state authorities and for the protection and enforcement of the legitimate interests of the Merchant.
All personal and other information that the user will provide when registering in the online store, as well as when ordering the purchase of products, including the content of orders, will be protected in accordance with the regulations governing the protection of personal data. The Merchant will not use this information for any purpose that would in any way harm the user or other person involved. The data will not be used to send promotional emails or other unwanted promotional material, except for promotional notices to which the user will apply. The Merchant will only provide the necessary information for shipment services (eg. Pošta Slovenije, DHL, UPS, etc.) for items purchased online (information on the recipient and the address for delivery). The Merchant will contact the user by e-mail or per telephone only if necessary for the execution of the purchase in the online store or with problems with the registration process.
13.5 Implementation of staff policy
All Merchant’s regular or part-time employees who have access to personal and other user data are aware of the duty to protect personal and other data and are obliged to comply with these provisions for the protection of the confidentiality of personal data and the privacy of online shop users. The duty to protect personal and other information continues, even after the relationship with the Merchant has ceased.
13.6 Additional explanations
The Merchant makes every effort to ensure the up-to-date and accuracy of the data published in his online store. However, the product’s properties, delivery times or prices may change so swiftly that the Merchant may fail to correct the data published in the online store in a timely manner. In such a case, the Merchant will notify the buyer of the change and allow them to resign from the order or change the order (see point 5).
Although the Merchant seeks to provide accurate photographs of products sold on the online store, all photographs must be taken as symbolic. Photos do not provide product features.
The Merchant is not responsible for any physical damage, destruction or loss of the purchased items from the moment of delivery of the said items to the shipment services (eg. Pošta Slovenije, DHL, UPS, etc.). In such cases, the user (buyer) must initiate the complaint procedure with the shipment services directly. In the event of damage to the consignment, the buyer shall complete a complaint record. The Merchant will work with the shipment services to ensure that the complaint is resolved as soon as possible.
15. COMPLAINTS, DISPUTES, AND APPLICATION OF LAW
The Merchant abides by the applicable consumer protection regulations. The complaint can be sent by the User (buyer) to the e-mail address firstname.lastname@example.org. The complaint procedure is confidential.
Within five working days, the Merchant will confirm the receipt of the complaint and inform the user (the buyer) about how long it will take to solve it and keep the user informed about the progress of the procedure. The Merchant will strive to get the best possible deal in any dispute by mutual consent. If an amicable settlement of the dispute is not reached, the dispute between the Merchant and the User (buyer) is of the exclusive jurisdiction of the court in Ljubljana. The Merchant and User (buyer), as a participant in electronic commerce, mutually recognize the validity of electronic messages in court.
These General Terms and Conditions and all disputes between the Merchant and the User (Buyer) are subject to Slovenian property and procedural law, whereby the rules of private international law do not apply which precludes the use of any other law.
For all relationships and for rights and obligations that are not governed by these General Terms and Conditions, the provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply.
16. AMENDMENTS TO GENERAL BUSINESS CONDITIONS
In the event of changes in the rules governing the operation of online stores, data protection and other areas related to the business of the online store of the Merchant and in the event of changes in its own business policy, the Merchant may amend and / or supplement these General Terms and Conditions. The Merchant will in each instance inform the users accordingly and mainly through its website www.galerijamak.com. Any changes and / or amendments to the General Terms and Conditions of Business shall enter into force and be applied after a period of eight days from their publication. If an amendment to the General Terms and Conditions is necessary in order to comply with the regulations, these amendments and / or amendments may exceptionally enter into force and be applied in a shorter time.
The General Terms and Conditions were accepted by the Director of the Merchant in Ljubljana on January 1, 2017.
We wish you a lot of pleasant purchases in our online store!