General Terms and Conditions for Extragifts.com

General Terms and Conditions for Extragifts.com

The general terms and conditions of the online shop are consistent with Zakon o varstvu potrošnikov, recommendations GZS and international e-commerce codexes. We ask you to carefully read the terms and conditions before placing an order and, if you do not agree with them don’t place an order.

Registration or purchase will be understood as an acceptance of terms and conditions, as they are the foundation of the contract between buyer and seller.

Definitions

The seller is NEW FLAME, spletna trgovina, d.o.o., Vrtna ulica 17, 3220 Štore, EU-Slovenia

  1. the user is the person using our sistem, and by extension a buyer in the online shop
  2. the online shop is an informational system whose purpose is to display and sell products to the user

Information on entry in the register with indication of the register and entry number:

Company name:  NEW FLAME, online store, d.o.o.

Headquarters: Vrtna ulica 17, 3220 Štore

Registration number: 8320659000

Tax number: SI54298164

Taxpayer: YES

Entry in the registration authority: 20.11.2018

Register: Okrožno sodišče v Ljubljani

Srg 2018/46050

SKD: G47.910 – Retail sale via mail order houses or via the Internet

IBAN SI56 6000 0000 0908 088 (opened on February 26, 2019, LON d.d., Kranj)

 

Registration

At registration a user will acquire a username that is the same as his/her email address and a user-chosen password. The username and password determine and link the user unequivocally to the fulfilled data. Upon registration a visitor becomes a user and gains the right of purchase. General terms and conditions deal with the working of the online shop, the rights of the user and the business relationshop between buyer and seller.

The seller commits to always provide the user with the following information:

  1. company identity (title and headquarters, registration number)
  2. contact addresses that enable quick and efficient communication (email, phone)
  3. essential characteristics of goods or services (including after-sales services and warranties)
  4. product availability (each product or service offered on the online shop should be available withing a reasonable period of time)
  5. terms of delivery of products or services execution (method, time and place)
  6. all prices must be clearly and unambiguously defined and must be clearly indicated whether or not they include tax and transport costs
  7. methods of payment and delivery
  8. validity of the offer
  9. period of time within which it is possible to withdraw from the contract; moreover, about whether and what are the costs of product return
  10. the process of complaints must be explained, including all details of the contact person or customer care service

Order process

  1. Order received

After placing an order the buyer will receive an automatic email with the details of his/her order. In this step, the buyer has a 1 hour period in which he/she can cancel the order. The buyer has extensive information on the status and content of the order available on the website.

  1. Order confirmed

If the buyer does not cancel the order, it is sent into further processing. The seller inspects the order, checks the delivery of ordered products and confirms the order, or refuses the order with reason. The seller can contact the buyer by the given email or phone number to check the authenticity of given information. Upon confirming the order, the seller will notify the buyer of the expected delivery time by email.The contract between buyer and seller is now irrevocably concluded.

  1. Goods shipped

The seller prepares and ships the goods within 24/48 hours after order confirmation. The seller notifies the buyer about the returns and complaints policy, and contact information in the event of delivery delay.

4. The purchase contract

The purchase contract between the bidder and the buyer is concluded at the moment when the buyer confirms the order (the buyer receives an electronic message about the status Order confirmed). From this moment on, all prices and other conditions of purchase are fixed and apply to both the provider and the buyer. The sales contract is stored in electronic form on the company’s server. The customer can access the text of the contract in writing by requesting via email to [email protected]

The user can cancel the registration at any time. It does so by notifying the seller in writing of the cancellation of the registration. Before submitting a statement on the cancellation of registration, the user must settle any possible outstanding obligations with the seller.

The right to withdraw from the purchase, return of goods

The buyer has the right to return the received goods within 14 days from the date of receipt, in writing by email to notify the seller of his withdrawal from the order without having to state a reason. The notice of withdrawal can be placed using:

for Slovenia: online form  or

for other EU countries:  form for withdrawal (PDF) in English

This form contains an unambiguous statement, from which it is clear he/she is withdrawing from the contract (order). The only further cost burdening the buyer is the cost of shipping back the goods to the seller. The notice is counted as accepted if the parcel was shipped back within the alloted time frame. We do not accept cash on delivery parcels or we do not pay for returned shipments. In this case, it is considered unaccepted . The goods must be returned to the seller within 14 days of notice of withdrawal.

The customer can add 7-day extension to the purchase for returning goods without any explanation. The cost is 0.99 €.

Received goods must be returned undamaged and in the same quantity, except if the goods were destroyed, spoiled, lost or the quantity decreased due to no fault of the buyer.

When returning goods, for which a promotional code was used at purchase, the amount will be considered with discount. The buyer will be refunded with the paid sum.

We will refund the order payment in the shortest possible time, but at the latest within 14 days upon receiving the customer`s notification of his withdrawal from the order . The refunds are made to the buyers bank account which must be indicate in the form for withdrawal or via email to [email protected]

The seller will refund the payments with the same method the buyer used, except in the event that the buyer explicitly requested a different method and this method doesn’t accrue additional costs for the seller. For more detailed information about the returns process send an email to [email protected] .

In the event that the buyer sends the goods back within the alloted 14 day period and requests a refund, the seller will reimburse the buyer for the whole amount (goods value, transaction value), after receipt of the goods or article.

The buyer may excercise his/her right arrising from a manufacturing defect if he/she notifies the seller within one months from the day the defect was discovered. The buyer must in the notice describe the defect in detail and enable the seller to inspect the defect. In the event that the buyer wishes to excercise his/her right to a refund, the seller is liable only to refund the goods cost. The seller is not held responsible for defects on the goods appearing one year after purchase or by purchasing an additional guarantee for one additional year.

The company is liable for material defects in the goods that appear within two years of receipt of the goods, in accordance with the provisions of ZVPot. The Consumer Protection Act (ZVPot) stipulates that the seller must deliver the goods to the consumer in accordance with the contract and is liable for material errors in its performance.

The defect is a manufacturing fault if:

  1. the product does not have characteristics necessary for its normal use;
  2. the product does not have characteristics necessary for special use for which the buyer is purchasing the product that the seller knows about or should know about;
  3. the product does not have characteristics and qualities that were explicitly or implicitly agreed or prescribed
  4. the seller delivered the product that does not match the sample or model shown, or if the sample or model was shown for informative purposes only

If the product has a manufacturing defect and the seller was correctly informed of it by the buyer, the buyer has the right to demand of the seller that:

  • the seller fix the defected goods or
  • refunds part of the goods value in proportion to the defect or
  • replaces the defective goods with new goods without fault or
  • refunds the purchase value.

In any case, the consumer also has the right to demand compensation from the seller, and in particular reimbursement of costs of materials, spare parts, labor, transfer and transport of products arising from the fulfillment of obligations under the previous paragraph of this article. The consumer’s rights referred to in the first paragraph shall expire two years from the day on which he informed the seller of the material defect.

If the existence of a defect in the goods is not disputed, the company must comply with the consumer’s request as soon as possible, but no later than within eight days. The company must respond in writing to the consumer’s request no later than eight days after receipt, if the existence of a defect in the goods is disputed.

Warranty

The seller’s goods are subject to a voluntary warranty if it is stated on the warranty card or invoice handed over to the buyer upon delivery, as long as it is stated on such a document, and the mandatory warranty is valid under legal conditions. In the case of a voluntary guarantee, the provisions of the voluntary guarantee shall apply to matters where the guarantee deviates from these general terms and conditions or regulations. Any warranty is valid only subject to the instructions on the warranty card and against the submission of a warranty card or invoice.

In the absence of information on the voluntary guarantee on the documents referred to in the previous point, in any case it is considered that there is no voluntary guarantee.

To the extent that the seller’s liability under these general terms and conditions is excluded, this also applies to the personal liability of its employees, suppliers, agents, representatives and performance assistants.

The seller is liable for material defects of the goods in accordance with the provisions of civil law. Consumers are subject to the provisions of consumer protection law, even if they derogate from the rules set out below.

The seller must deliver the goods to the buyer in accordance with the contract and is liable for material errors of its fulfillment.

Methods of payment

The seller offers the following methods of payment:

  • prepayment to the sellers bank account
  • credit cards
  • PayPal payment to the seller’s account
  • pay on delivery (cash)

The seller issues an invoice with clearly subdivided expenses and taxes.

Discounts, promotions and other benefits (e.g. free shipping) are not cumulative.

Invoicing

The seller NEW FLAME, spletna trgovina, d.o.o. delivers the invoices after delivery of goods along with the shipment or in pdf form to the email address of the buyer, except if the buyer explicitly requests otherwise upon placing the order. Cost an expenses are subdivided on the invoice concerning the order. The buyer is liable to check the validity of the information upon receipt of the invoice. Later appeals regarding the validity of the information on the invoice will not be considered.

 

Availability and delivery

For products in stock the expected availability is 2-7 work days (priority), standard 5-10 working days, though the ordered goods in stock are usually shipped within 24/48 hours. For products not in stock the expected availability is up to 15-20 work days (usually 15 days). In the event of a longer availability time the buyer is notified by email.

Shipping

The seller will deliver ordered goods or services within the agreed time.

The delivery time will depend on the selected shipping company and the country of destination.

The seller reserves the right to select a different parcel service if it will result in a more effective fulfillment of the order.

Shipping Cost

The shipping cost for regular shipping  (priority shipping) it is the same for all EU countries in regulations with the agreement with the contracted shipment company GLS and Packet International no matter the weight of the product.

TARIFF

The priority shipping fee for the category Extra Shop is 9.94 € no matter the weight of the product.

Exceptions:

      • The shipping fee for categories ExtraGifts and GiftBox : free shipping (no matter the weight of the product).
      • The shipping fee for the category OUTLET : 3.54 € (in case of adding to the basket the product from categories ExtraGifts or GiftBox – there is no shipping fee; no matter the weight of the product.)
      • Extra shipping fee for the payment method Cash on delivery : 1.9 € (cash only; no matter the weight of the product.)

 

Offer validity

Upon placing the order, the prices are valid for the order at the moment of order confirmation, all prices include VAT. Prices and stock in the online shop may change without prior notice.

Pictures may only be symbolic and do not always reflect the real state.

Offers for goods on the online shop are valid until notice of cancellation or until stock lasts.

The online shop extragifts.com makes contracts in the English language, site extragifts.si in the Slovenian language, site extragifts.hr in the Croatian language, site extragifts.pl in the Polish language.

Age of consent

By placing an order at extragifts you state you are of the appropriate legal age to purchase goods displayed in the online shop. If we determine that you are not of legal age to order the goods, we will not be obliged to fulfill the order.

Prices

Prices are valid from the point of order confirmation and don’t have a predetermined date of expiration.

Prices are valid for for the payment methods above under payment terms listed above.

Despite our best efforts to ensure the most up-to-date and accurate information, there are instances in which the price information is inaccurate. In this event, or in the event that the price of the product changes during order processing, the seller will offer the buyer an immediate cancellation of the order, and at the same time offer another solution that both parties accept.

The purchase agreement between seller and buyer is agreed at the point of order confirmation by the seller (buyer receives an email informing them of confirmation, with order information).

From this point on, all prices and other terms are fixed for seller and buyer.

Safety

The seller uses suitable technological and organizational channels to secure the transmit and storage of personal data, orders and payments. For this purpose, the webstore is protected with a 256-bit SSL certificate issued by an authorized organisation.

Communication

The seller may only contact the buyer by means of distance communication if the buyer explicitly agrees. Agreement to this is accepted by signing up to the newsletter (online form, offline form), registering in the web shop, making an order, signing up for a sweepstakes offer or other promotional activities of the seller, or by request through other communication means.

Personal data use

The seller reserves the right to use all gathered personal data, for which the user allowed collecting, for the purposes of direct marketing.

The seller may use said personal data to market any services offered by the seller’s company.

Agreement to the use of personal data is accepted by subscribing to the newsletter (online form, offline form, e-mail), registering in the web shop, making an order, signing up for a sweepstakes offer or other promotional activities of the seller, or by request through other communication means.

In the event of subscribing to the newsletter via online form, a registered user account is automatically generated at the same time, with an automatically generated password, except in the case where a user account with the same email address already exists.

The seller ensures all advertising messaging will:

  1. be clearly and unambiguously marked as advertising messages
  2. have the seller clearly identified
  3. have clearly identified different sales, promotions and other advertising methods
  4. always respect the request of a user to unsubscribe from receiving advertising messaging

Personal data safety

The seller will protect and manage all gathered personal data with due dilligence and according to the law. Read more about personal data safety: Security policy.

Contract archiving

The contract between seller and buyer is permanently stored on email server – property of NEW FLAME, spletna trgovina, d.o.o., Vrtna ulica 17, 3220 Štore, EU-Slovenia.

Complaints

The seller respects the currently valid laws on user safety. The seller will put forth the best possible effort in ensuring the smoothest, most effective complaints process and appoint a dutiful person who the buyer can contact by email in regard to their complaint. Complaints must be submitted in writing at email: [email protected]. The seller will confirm receipt of the complaint within five work days and inform the buyer how long the complaint process will take, and keep the buyer up-to-date with information during the complaint process. The seller recognizes the essential characteristic of consumer dispute is the asymmetry between its economic value and costs accrued during the complaint process. Therefore the seller will do the best to try to solve the complaint amicably.

Out of court consumer disputes settlements

In accordance with valid law norms the seller does not recognize any provider for out of court consumer dispute settlements as responsible for resolving consumer disputes a customer may triger in accordance with law on out of court consumer settlements. NEW FLAME, spletna trgovina, d.o.o., as a seller of services and products in Europe, publicly posts the link to the online out of court settlements platform (SRPS), which the users can access via europa.eu.

Exclusion of liability

The seller reserves the right to disable the webpage or disable access to it due to technical or other issues or maintenance which also disables or hinders the use of the web store. The seller is not liable to provide refunds for any and all damages or costs the user may acquire due to the disabling, non-working or hindered webpage use. The seller does not guarantee accuracy, perfection or correctness of the content on the website and does not accept responsibility the user may suffer due to reliance on the content.

The seller is not liable for damages that the user may accrue on the user’s hardware, software or other ware due to the use of the website. The user is responsible for ensuring suitable protection (antivirus etc.) before accessing and using the website.

The buyer accepts these general terms upon ordering or submitting information to the seller and allows further contact via telephone, regular mail or email for order information, additional marketing efforts, promotions etc. In the case the user wishes to stop receiving promotions, the user must contact the seller in writing by email at [email protected] or regular mail on the address NEW FLAME, spletna trgovina, d.o.o.,Vrtna ulica 17, 3220 Štore, EU-Slovenia.

 

Štore, 26th November 2019 (the document was last updated on 19.03.2021)