General Terms & Conditions of Trade
The general terms and conditions of the online store determine the terms of purchase and sale of products carried out by the company PELIA ORGANIC, d. o. o., Ulica škofa Maksimilijana Držečnika 6, SI-2000 Maribor. The General Terms and Conditions of PELIA ORGANIC, d. o. o., are compiled in accordance with the Slovene Consumer Protection Act (ZVPot) and international E-Commerce codes. The online store PELIA ORGANIC, d. o. o., is an information system intended for the presentation and sale of products to users. It is operated by PELIA ORGANIC, d. o. o., a personal data controller and web content provider.
A user is any visitor to the online store pelia-organic.com. A buyer is any user of the online store who places an order for goods or services in the online store, thus entering into a contract with the seller. A consumer is a natural person who acquires or uses goods and services for purposes outside his professional or gainful activity.
These General Terms and Conditions regulate mutual obligations concerning shopping/purchasing goods and services in the online store PELIA ORGANIC, d. o. o. between the operator PELIA ORGANIC, d. o. o. and the user.
These General Terms and Conditions determine the operation of the online store PELIA ORGANIC, d. o. o., related user rights and the respective business relationship between the provider and the buyer.
Website operator and service provider or seller:
Company: PELIA ORGANIC, kozmetika, proizvodnja, trgovina in storitve, d. o. o.
Address: Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenija
Registration number: 8074445000
VAT ID: 26488272
Registered at: Okrožno sodišče v Mariboru
Business accounts and banks:
SI56 6100 0001 8076 685 (opened on 13th Oct. 2017 at DH d.d.)
I. Terms and conditions of use
By using the online store, the user agrees to the operator’s General Terms and Conditions of Trade and the related terms and conditions of website use. The online-store operator reserves the right to change the General Terms and Conditions of Trade (and Use). If the user should disagree with the General Terms and Conditions, the user is advised by the operator not to use the website and the store. Placing an order, the buyer is each time required to confirm to have read the General Terms and Conditions and to agree therewith, before placing the order.
The website contents must not be collected in any databases nor published in any other place, way or form.
II. Types of users
The online-store visitor can either only view the contents of the online store or make a purchase without registering. Such a visitor has the status of a “guest”.
A visitor can register a user account in the online store by providing the following personal data: name, surname, company name, tax ID number (TIN), country, street, apartment, floor, ZIP code, city, phone number, e-mail address, password; at the same time, the visitor must confirm that he has read and agrees with the applicable General Terms and Conditions of Trade. Upon confirmation, the visitor gets the status of a “registered user“. Registration is possible only during the (products or services) ordering process in the online store.
Upon registration, the user can decide whether to receive our Newsletter and/or advertising messages via the stated e-mail address, from which the user is able to unsubscribe at any time. In such a case, the user notifies the operator via e-mail – by clicking and following the unsubscribe link provided in an e-mail previously received from the operator.
Upon registration, the visitor will obtain a username equal to his e-mail address and set a password of his choice. The username and password will unambiguously identify the user and associate the user with the data entered. After registration, the visitor becomes a user.
The responsibility to carefully protect the own username and password lies with the individual registered user. For data protection purposes, we advise against storing your password in a web browser. At the same time, we recommend all registered users to unsubscribe from the website or close the browser window each time they have finished using the website. In case the user has forgotten his password, he can reset it via our website. If the user suspects that someone has misused his password, the user undertakes to notify the online-store operator thereof and arrange for a change of his respective password.
To terminate the user account, the user will send a written request to: firstname.lastname@example.org.
III. Ordering process
When ordering, the buyer selects the desired item and its quantity to add to the shopping basket. If the buyer wants to order more products, the buyer shall simply add further desired items to the basket or change the quantities of selected products in the basket.
All selected products are collected in the basket. When the buyer has finished adding products to the basket, he opens the basket located in the upper right corner to place the order. In the shopping basket, the user can check the content, change or supplement it as needed, get informed about delivery costs, update the shopping basket, or proceed with the purchase by clicking on “Proceed to checkout“.
The PayPal website opens, where the customer is enabled to securely complete the purchase by entering payment card information and confirming the payment.
If the order has been successfully forwarded, the message “Your order has been placed” will appear on the website.
Upon placing the order, the buyer will receive an e-mail from the seller, via the e-mail address stated, containing order details and the notification that the order has been successfully placed and recorded. The above e-mail will also contain the contact address email@example.com, where the customer can address any additional questions or information requirements. The buyer will also receive an e-mail from PayPal, containing the payment confirmation and invoice.
The buyer is obliged to check the correctness of the data provided, before placing the order. The seller will not consider any subsequent objections regarding the correctness of invoice data.
IV. Product dispatch
Upon order confirmation, the seller will inform the buyer about the estimated delivery time of the ordered goods. If the customer wishes to cancel the order after confirming it, he can do so via the e-mail address firstname.lastname@example.org, until the moment when the ordered goods have been dispatched.
The seller will prepare the goods for delivery within the agreed time and send it to the address, which the buyer had stated when ordering. In case the delivery deadline should be extended unexpectedly (i.e. after order confirmation by the seller), the seller shall notify the buyer thereof by sending a message to the e-mail address provided by the buyer when ordering.
V. Support for buyers and users of the website
For any additional questions and/or purchasing process support you are welcome to contact the seller any business day, between 9 a.m. and 4 p.m., via the e-mail address email@example.com.
VI. Payment methods
Payment card: In the online store PELIA ORGANIC, d. o. o., you can pay for the ordered goods securely with a payment card, using the PayPal method. The payer must be the person or organization owning the respective payment card. If the cardholder is not a citizen of Slovenia and if the recipient and the payer are not the same person, we reserve the right to further investigate the payer’s identity and receive via e-mail or fax a written statement confirming that the payer or cardholder agrees to pay for the ordered goods. After placing an order with this payment method, it is not possible to change the content of the order, the total amount, the delivery address and other agreed terms.
Until the full payment of products within an individual order, the ordered products remain the property of PELIA ORGANIC, d. o. o. Each order of items becomes valid (meaning that it will be processed and delivered) only after the operator has received full payment.
Upon payment, the buyer will receive from the provider the respective invoice in PDF-format via the e-mail address the buyer specified in the order. The invoice is considered as proof in case of complaint or refund claim. Upon delivery of ordered items, the buyer will also receive a paper invoice.
VII. Prices in the online store
All prices are in EUR and do not include VAT, as the seller – according to paragraph 1, Article 94 of the Slovene Value Added Tax Act (ZDDV-1; Official Gazette of the Republic of Slovenia, No. 13/11, with amendments) – is not liable to VAT.
The seller reserves the right to change the prices unless stated otherwise (e.g. in the case of promotions and special discounts).
Despite all efforts to provide the most current and accurate information, inaccuracies in price information may occur. In such a case, or in case a product price changes during order processing, the provider will allow the customer to withdraw from the purchase and offer the customer a solution leading to mutual satisfaction, at the same time.
VIII. Validity of special offers
The validity periods for each campaign may differ from each other and are stated next to or within the individual campaign offer.
IX. Right of withdrawal from the purchase contract, return of goods
The consumer (a natural person buying an item for a purpose outside his gainful activity) is entitled to withdraw from the purchase contract by notifying the seller thereof within 14 days of delivery of the goods to the seller, in writing, via the contact address firstname.lastname@example.org. In case of withdrawal from the purchase contract, the consumer must return the received item by mail to the seller’s address: PELIA ORGANIC d. o. o., Ulica škofa Maksimilijana Držečnika 6, SI-2000 Maribor, EU.
In case of withdrawal from the contract, the consumer must return the received item to the company immediately or no later than within 30 days as of sending the written notice of withdrawal. Returned items must be unopened, unused, undamaged, of unaltered quantity and in the original packaging, unless the item is destroyed, damaged, lost or its quantity has decreased without the consumer’s fault. The returned item must include a copy of the respective invoice. The product return costs are borne by the buyer.
The seller shall return the full purchase price to the buyer as soon as possible, but no later than within 30 days as of receiving the notice of withdrawal from the contract. Within the frame of sales contracts, the seller may withhold the refund of payments received until receiving the goods to be returned or until the consumer provides proof that the goods have been returned.
In the case of items offered as a set of products, it is possible to withdraw only from the entire set. Thus, the consumer may request the replacement of the entire set or the refund of the purchase price. The consumer can request the replacement of an item that is part of a set only if the respective item is featuring a material defect or damage; and in this case, the consumer is not entitled to a refund.
The consumer is not entitled to withdraw from purchase contracts in cases when the subject matter of the respective contract is a product manufactured to the exact instructions of the consumer or customized to the consumer’s personal needs, a product unsuitable by nature to be returned, a perishable product or an expired product.
Our quality management department is responsible for any unwanted features and defects in PELIA ORGANIC products. For related information, please contact us via email@example.com. In the case of proven poor quality, we will replace the item.
The warranty is valid exclusively, if the instructions for use and handling of the product have been considered by the respective user and upon submission of a valid invoice.
The item will not be replaced in the following cases:
a) Improper storage of the product;
b) Negligent handling of the product;
c) Damage caused by mechanical shocks through the fault of the customer or a third party.
The products must be unopened, unused, of unaltered quantity, undamaged and in the original packaging. The deadline for product replacement is 8 days. Replacement of products is only possible upon enclosure of the respective invoice.
Product validation is additionally performed by the manufacturer’s professional service that will also decide on the justification of the respective complaint. For additional information regarding PELIA ORGANIC products, please contact us via firstname.lastname@example.org. The consumer may enforce claims regarding material defects in the acquired item in accordance with the applicable provisions of the Slovene Consumer Protection Act.
XI. Delivery time
The online store PELIA ORGANIC, d. o. o. , wants to live up to the buyers’ wishes or expectations, thus the purchased goods are delivered to your address in the Republic of Slovenia, within 5 working days as of receiving the full payment of the purchase price stated in the online store, within the ordering procedure. To determine the exact day and time of delivery, you will be called in advance by our authorized delivery person. For deliveries to other countries, our logistician will notify you about the exact date and time of delivery. The price of delivery to other countries is stated in the order.
Product delivery is possible only on business days.
XII. Data security
The provider is using appropriate technologies and has implemented appropriate organizational measures to protect the transfer and storage of personal data, orders and payments. In order to ensure secure transfer or execution of online payments, the online store PELIA ORGANIC, d. o. o. , is featuring an integrated PayPal interface.
The PayPal system enables the establishment of effective security measures protecting your private and financial data (payment card/credit card numbers, payment methods) when being transferred online. For security purposes and data encryption, PayPal is using the 128-bit Secure Sockets Layer (SSL) security protocol.
The customer is exclusively responsible for access to his respective user account and will also take care of the protection of the belonging user data and passwords. The buyer guarantees accuracy and truthfulness of all data and information provided to PELIA ORGANIC, d. o. o. Following this, the buyer is fully liable for any damage caused by any inaccurate or untrue data or information stated by the buyer.
XIII. The right to privacy
The provider undertakes to protect all personal data in accordance with the Slovene Personal Data Protection Act (ZVOP-1; Official Gazette of the Republic of Slovenia, No. 86/2004) and the General Data Protection Regulation (GDPR). All data obtained through the website and online store PELIA ORGANIC, d. o. o., are used exclusively for sending information material, special offers, invoices and other necessary communications.
The data controller will process the specified data in accordance with Article ___ of these General Terms and Conditions of Trade for the purposes of:
a) Contacting the user for the purpose of executing the order;
b) Delivery of ordered goods;
c) Issuing invoices;
d) Performing the function of saving favourite items within the user profile;
e) Making a purchase in the online store;
f) Warranty enforcement.
The operator will process the said personal data for other purposes exclusively, if the user has given voluntary written consent to such other data-processing purposes:
a) Profiling users to prepare customized offers of goods and services using e-mail, SMS, telephone or conventional mail;
b) Direct marketing for special offers of goods and services, promotional sales, benefits; and
c) Notification of other changes or news, market research on the quality of goods and services and on the need for additional services.
The controller will process personal data until the purpose of processing is fulfilled or within the limitation periods for liabilities possibly arising from the processing of such personal data. Personal data are generally stored until consent revocation by the user. The user may at any time submit his/her revocation of consent via the e-mail address email@example.com. In case the retention period of personal data is especially determined by law, the controller shall retain the user’s personal data in accordance with the respective applicable legal requirements.
During registry or order placement, the user is given the opportunity to voluntarily indicate his wish to receive the operator’s Newsletter and/or promotional messages. The user can revoke the consent given at any time, by sending a written message to the e-mail address firstname.lastname@example.org.
Advertising e-mail messages must feature the following characteristics:
a) They must be clearly and unambiguously marked as advertising messages;
b) The identity of the sender must be clearly evident;
c) Various campaigns, promotions and other marketing techniques must be clearly marked as such, and the conditions for participating therein must be clearly specified.
The provider will unconditionally comply with the user’s explicit wish to unsubscribe from / not to receive e-News, advertising messages and/or notifications about monthly promotions any longer.
In accordance with the Slovene Copyright and Related-Rights Act (ZASP), the online-store operator fully reserves the copyright and other intellectual property rights to the contents of the web portal. Any unauthorized publication, copying, reproduction, distribution or other use of the content of this online store that is not in accordance with these General Terms and Conditions of Trade (and Use) is strictly prohibited and will be prosecuted.
The user or consumer expressly guarantees that no personal rights or intellectual property rights of third parties are violated by contents published in the online store by the user.
XVI. Limitation of liability
The operator strives to provide technical conditions ensuring unimpaired use of the online store. For technical reasons (the need to maintain or replace equipment), the online-store operator reserves the right to short availability interruptions of the online store.
Any liability of the online-store operator and his contractors for any damage or inconvenience that may occur to the user for technical reasons, as a result of interruption or disrupted access to the online store, is completely excluded.
The operator is not liable for any errors or abuses resulting from using the online ordering service from an inadequately secured computer.
The website operator makes every effort to ensure that the information published on its websites are current and consistent. Nevertheless, the product characteristics, stock and/or price may change so quickly that the provider fails to correct the respective information on his websites in a timely manner. In such a case, the provider will notify the buyer of the changes and allow the buyer to cancel the order or replace the ordered item. All product photos are symbolic and do not guarantee the properties of the product.
The user will follow any written medical advice and recommendations at his own risk.
The operator is not liable for any content of external websites accessed by the user through links published on the operator’s website.
If the user should establish any irregularities on our website, the user can notify the operator thereof via the e-mail address email@example.com.
The operator and the user are not liable to each other for any damage, delay or non-compliance with these General Terms and Conditions resulting from force majeure events or intentional conduct of third parties.
All users are aware to be using all published contents at their own risk.
The operator is not liable for any damage that may occur to the user’s hardware, software or other equipment following the use of the online store. The user is advised to ensure adequate protection of his equipment (anti-virus software, firewall, etc.) while using the online store.
XVII. Complaints and disputes
The provider complies with applicable consumer protection legislation. The users can send any complaints and/or refund claims via the e-mail address firstname.lastname@example.org or regular mail to:
PELIA ORGANIC d.o.o.
Ulica škofa Maksimilijana Držečnika 6
The provider must confirm within five working days that he has received the complaint, inform the user or buyer about the estimated processing time as well as inform the buyer continuously about the course of the procedure. The operator will make every effort to enable consensual resolution of disputes.
As a provider of goods and services on the territory of the Republic of Slovenia, the provider publishes the electronic link to the platform for online disputes resolution (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL. The said regulation is in accordance with the Slovene Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), Regulation (EU) No. 524/2013 of the European Parliament and of the Council on the online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
XVIII. Final provisions
The current version of these General Terms and Conditions of Trade (and Use) are published on the website www.pelia-organic.com. The same applies to any changes and/or amendments made to the applicable General Terms and Conditions of Trade.
The Operator reserves the right to change these General Terms and Conditions at any time. The obligation to inform about the change is fulfilled by the appropriate publication of the current version of the General Terms and Conditions on the website. Any change to the General Terms and Conditions shall enter into force on the day of its publication unless applicable regulations provide otherwise.
If the user does not agree with the amended General Terms and Conditions, the user is advised to immediately stop using the online store, otherwise, the user will be considered to agree with the current form of our General Terms and Conditions.
These General Terms and Conditions come into force on the day of publication on the website/in the online store.
In case of any issues not regulated by the current General Terms and Conditions, the law according to the registered office of the seller/operator shall apply.
The contractual parties will settle all possible disputes consensually. If this is not possible, the relevant court in Maribor is competent to resolve the dispute.
Maribor, 1st September 2020
PELIA ORGANIC, d. o. o.
Iva Rat, CEO