GENERAL TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

The www.byaljahorvat.com online store is operated by the company BY ALJA HORVAT, umetnisko ustvarjanje, trgovina in druge storitve, d.o.o.. The general terms and conditions deal with operations, user rights and the business relationship between the company and the customer.


Alja Horvat d.o.o., Partizanska cesta 5, 2000 Maribor, Slovenia, Europe, tax number: SI11167009 (the company is a taxable person), registration number: 8781249000, entered at the District Court of Maribor on 22 December 2020, the number of entry of the company in the court register is Srg 2020/43768, business account opened with NOVA KBM d.d., Ulica Vita Kraigherja 4, 2000 Maribor, Slovenia, IBAN SI56 0400 0027 6280 579

AVAILABILITY OF INFORMATION

The company undertakes to always provide the following information to the user:

  1. company identity (company name and registered office, register number),

  2. contact information that enables the user a quick and effective communication (e-mail),

  3. essential characteristics of the goods,

  4. availability of products (each product offered on the website is available within a reasonable time)

  5. terms of delivery of products (method, place and deadline of delivery),

  6. all prices must be clearly and unambiguously specified and must show whether they already include taxes and transport costs,

  7. method of payment and delivery,

  8. temporal validity of the offer,

  9. the period within which it is possible to withdraw from the contract and conditions for withdrawal; moreover, information about potential costs of returning the product for the buyer,

  10. explanation of the complaint procedure, including all details of the contact person.


PAYMENT METHODS

 The online store allows the following payment methods:

  • according to the pro forma invoice (UPN Universal Payment Order) to the company's account,

  • with payment or credit card (Mastercard, Visa, American Express)

  • via the PayPal system

Cash on delivery via the online store is not possible.

The company ensures that the customer, in the process of placing an order when concluding a distance contract using electronic means, explicitly confirms that he agrees to the payment by placing an order. The function that triggers the order is marked with the words ''confirm order''. By confirming the order, the consumer assumes the obligation of payment to the company.

PRICES

Prices include Value Added Tax (VAT).

Prices are valid at the time of the order and do not have a predefined validity.

The purchase contract between the seller and the buyer is concluded at the moment when the seller confirms the order (the buyer receives an electronic message about the status "Order confirmed"). From this moment on, all prices and other conditions are fixed and apply to both the company and the buyer.

PROMO CODE

The promo code brings various benefits (product discounts, free shipping ...) when purchasing and is limited in time. An active promo code is published by the seller in a way that corresponds to the purpose of the seller's marketing campaign. The seller does not guarantee that there is an active promo code at the time of purchase.

You can find an active code on the first page of the advertisement, in an e-mail or in other media. The code brings various benefits. Any code is always limited in time, but must be redeemed within a limited time, otherwise it is invalid.

How do I use a promo code (coupon)?

A promo code is an alphanumeric string of characters that the user enters before completing an order by entering in the "promo code" field. After that, the benefit automatically assigned to the coupon is activated in the system and it becomes clear in the product basket that the coupon has been activated.

ORDER

The purchase contract between the seller and the buyer is concluded in the online store www.byaljahorvat.com at the moment when the seller sends the first e-mail confirming his order. From that moment on, all prices and other conditions are fixed and apply to both the seller and the buyer.

The sales contract (i.e. the first electronic message on the status of the order) is stored in electronic form on the seller's server and is available to consumers upon their written request.

CONSUMER'S RIGHT OF WITHDRAWAL FROM THE CONTRACT - REFUNDS

In the case of distance contracts, the consumer has the right to unambiguously and clearly inform the company by e-mail to info@byaljahorvat.com within 14 days of receiving the goods that he is withdrawing from the contract, without having to state the reason for his decision.

The buyer may inspect and test the received goods only to the extent strictly necessary to establish the actual situation and as is usual in stores. Any "testing" that deviates from the above can be considered a use of goods, and the buyer in accordance with the eighth paragraph of Article 43d of ZVPot is responsible for reducing the value of goods if the reduction is due to conduct not necessarily necessary to determine the nature, properties and operation of the goods.

Pursuant to the fifth paragraph of Article 43 of the ZVPot, the buyer does not have the right to withdraw in case of personalized apparel or art prints, because these are goods that are manufactured according to the exact instructions of the consumer and adapted to his personal needs.

The consumer must immediately or no later than 14 days after the notification that he withdraws from the order return the goods to the company at the address: Alja Horvat d.o.o., Partizanska cesta 5, Maribor, 2000 Maribor. The consumer is considered to have returned the goods on time if he sends them before the expiry of the 14-day return period (the postmark is checked).

The consumer bears the cost of returning the goods, in case of withdrawal from the contract, if necessary. The only cost 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 also sends the invoice for the goods and personal data and a bank account to which he wishes to receive the returned payment. The refund shall be performed by the company immediately or no later than within 14 days of receiving the notice of withdrawal from the contract.

The company may withhold the refund of received payments until the goods are returned or until the consumer provides proof that the goods have been sent back. Shipping costs for the returned goods are non-refundable and the cost will not be included in the refund.

The buyer must return the product to the seller (Alja Horvat d.o.o.) undamaged and in unaltered quantity, unless the item is destroyed, damaged, lost or its quantity has decreased without the consumer's fault.

In the event that the goods are returned due to use without the original packaging or the goods are damaged, the company may file a claim against the buyer for a refund of the value of the goods.

Upon withdrawal from the contract, where a promo code or discount code was used, these funds are considered as a discount and are not returned to the user. Only the paid amount is returned to the buyer.


COMPLAINT FROM THE TITLE OF MATERIAL DAMAGE

In accordance with Article 37a of the ZVPot, the buyer can exercise his rights arising from a material damage if he notifies the seller of the damage no later than two months from the day when the damage was discovered. The buyer must describe the damage in more detail in the damage notice and allow the seller to inspect the thing.

The buyer notifies the seller of the error via e-mail to info@byaljahorvat.com with pictures where the deficiencies are documented/a completed form where he specifies the deficiencies. The company will respond in writing to the consumer's request no later than eight days after receipt.

The seller is not responsible for damages that occur after 2 years from the purchase.

The buyer who has correctly notified the seller of the damage and the seller acknowledges the damage, has the right to request the seller to fix the damage on the goods or return part of the amount paid in proportion to the damage or replace the defective goods with new faultless goods or return the amount paid.

PERSONAL DATA PROTECTION

The seller undertakes to permanently protect all personal data of the user.

The seller (Alja Horvat d.o.o.) keeps the following information of all buyers on the online store www.aljahorvat.com for an indefinite period of time: name and surname, e-mail address, contact telephone, primary address and delivery addresses, country of residence, gender, time and date of purchase and an archive of communication with the seller.

The seller will use personal data exclusively for the purpose of fulfilling the order (sending information material, offers, invoices) and other necessary communication. In no case shall the user's data be handed over to unauthorized persons.

The user is also responsible for the protection of personal data by ensuring the security of his username and password and adequate software (antivirus) protection of his computer.

LEGAL NOTICE

The online store and all the information on it, product images, graphic and video elements on the website are protected by the Copyright Act and may not be reproduced or used without prior written permission.

LIMITATION OF LIABILITY

The seller does his best to ensure that the information published on the website is up-to-date and correct. However, product features, delivery time, or price may change so quickly that the online store sometimes fails to correct the information on the website. In this case, the seller will inform the buyer of the changes and allow him to cancel the order or to change the ordered goods.

EXCLUSION OF LIABILITY

We reserve the right to disable the website or disable access to it due to technical or other problems and maintenance, which also means disabling or hindering the use of the online store. In case of technical problems on the website, we reserve the right to cancel placed orders that have been affected by a technical error. In the event of order cancellation, we will notify you as soon as possible and inform you of the next steps. You must ensure that the equipment (antivirus, etc.) is adequately protected against accessing and using the website. The customer must ensure the appropriate security and confidentiality of the data used to log in to the website (e-mail address, password).

COMPLAINTS AND DISPUTES

The company respects the applicable European consumer protection legislation and makes every effort to fulfill its duty to set up an effective complaint handling system and to designate a person with whom the customer can contact by e-mail in the event of problems.

Complaints are submitted via the e-mail address info@byaljahorvat.com. The complaint procedure is confidential. The online store will acknowledge receipt of the complaint within five working days, inform the customer how long it will take to process it and keep him informed of the progress of the procedure.

The company is aware that the essential characteristic of the buyer's dispute, at least in terms of judicial resolution, is the disproportion between the economic value of the claim and the costs arising in the resolution of the dispute itself. This is also the main obstacle for the buyer not to initiate a dispute before a court. Therefore, we do our best to resolve any disputes by mutual agreement.

In the case of judicial settlement of disputes, the court having jurisdiction over the consumer's domicile has jurisdiction.