GENERAL TERMS AND CONDITIONS
The online store nikastinyhouse.si is managed by Spletna prodaja Miha Stegel s.p. (hereinafter: the seller). When visiting or shopping on website, you must agree to the following general terms and conditions, so read them carefully.
1. SELLER INFORMATION
The seller: Spletna prodaja Miha Stegel s.p., Ulica IX. korpusa 9, 6330 Piran – Pirano
Registration number: 8932123000
Tax number: 83459430
Account / IBAN: SI56 1010 0005 9438 976 (Banka Intesa Sanpaolo d.d.)
Registered for VAT: no
Date of company registration: 18.08.2021
phone: +386 40 156 945 (every workday between 9:00 and 16:00)
2. GENERAL PROVISIONS
The purpose of these terms and conditions is to define the terms of sale between the seller and its customers in the online store nikastinyhouse.si, which allows the purchase of products from the assortment od products from the seller Spletna prodaja Miha Stegel s.p.
The stated terms and conditions are valid for every purchase on the nikastinyhouse.si website, and the buyer accepts them when placing an order on the website and represent a contract between the contracting parties.
Purchase of products in the online store is possible without registration or creating an account in the online store.
A customer is a person who uses the online store.
The buyer is a customer who places an order through the online store.
Orders through the online store can be placed every day from 0.00 to 24.00.
The orders can be placed in Slovenian or English language.
Purchases through the nikastinyhouse.si online store are considered to have been made in the territory of the Republic of Slovenia and are thus subjected to Slovenian legislation.
Online store nikastinyhouse.si offers worldwide delivery for its products.
3. NIKA`S TINY HOUSE PRODUCTS
The customer can choose and order products from the list of products on the website. The seller’s products are copywrite, handmade, unique work of Umetniško ustvarjanje, NIKA`S TINY HOUSE, Nika Stegel s.p.. The products differ from each other and are completely unique. No product is exactly the same, so there may be discrepancies between the colours and other details of the actual products and the products presented in the photos. Images of products in the online store are thus symbolic and do not guarantee the characteristics of individual products. The seller reserves the right for ordered products to deviate between the descriptions and their actual characteristics.
In addition to the products advertised in the online store, the seller also enables the production of unique products made according to the customer’s exact instructions and adapted to the customer’s personal needs (i.e. personalized products). When ordering personalized products the customer can do so by adding his description and requirements regarding the ordered product as a note in order form or by sending a detailed inquiry to the seller’s e-mail address firstname.lastname@example.org. The seller shall respond to such request presumably within 48 hours and coordinate the characteristics of the ordered product with the customer (colour, motif, size, delivery time, etc.).
When all the features of the product between the seller and the customer are agreed upon the seller will send an invoice for the ordered product, including shipping costs. The buyer is obliged to settle the invoice in in 5 working days. In case the buyer has already made a payment in the online store he shall only settle the difference in price of the personalized product by a transfer to the Seller’s bank account. Pre-payment of ordered personalized product is obligatory for their production. The seller shall make photographs of completed personalized products and send them to the buyer’s email for preview before shipment. Besides the abovementioned modifications these terms and conditions are also applicable for the orders of personalized products, excluding the possibility of returning the products.
The seller is making the effort to ensure the accuracy of product information and at the same reserves right to change the content and the offer on the website.
4. PLACEMENT OF AN ORDER
When shopping in the online store, the customer adds the desired items to the cart by clicking on the “Add to cart” button. This will add the selected type and quantity of products to the shopping cart, which is also displayed on the “shopping cart” icon. When the cursor is placed on the “shopping cart” icon in the upper right corner of the online store, a window will open in which the customer can check their selection and correct it if necessary. In this window, the customer can change the quantity of selected products or remove individual products from the shopping cart. In this step, the customer can also enter the discount coupon code.
By clicking “Continue to checkout”, the customer confirms the selection of products and goes to the 2nd step of the purchase, the data entry and payment method selection. The “Completion of purchase” form opens and requires the entering of information on the payer, delivery address and method of payment with the possibility of executing an order using data from payment processors, for which the applicable terms of the selected service apply.
In the section “Order summary”, in addition to data on selected products, the calculation of postage is also displayed. A discount coupon can also be used again in this step.
When entering data into the online order form, the website provides technical means for eliminating errors, which warn the customer if the mandatory fields are not filled in or are filled in incorrectly. In order to place an order, it is necessary for the customer to accept the subject terms and conditions of the seller, which he declares by clicking on the “PLACE ORDER” button.
When the order is placed, a window will open with the details of the order and a confirmation that the order has been successfully placed.
The buyer receives a confirmation of the placed order to the provided e-mail address.
Any cancellation of the order can be made by a buyer’s notification within two hours. The notification of cancellation should be made to the e-mail address email@example.com. In case of incorrect information about the payer or incorrectly added products to the cart, please notify us immediately at firstname.lastname@example.org.
By placing an order, the buyer ensures that he has the legal capacity to enter into a contract with the seller.
5. ORDER PROCESSING
After placing the order, the buyer receives an automatically generated notification by e-mail that the order has been accepted into the information system of the seller. The legal status of such an order is a “pre-order” and does not oblige the seller to provide the ordered products until the order is confirmed by the seller in further electronic correspondence.
When the information system accepts the buyer’s order, the order goes into further processing. Orders placed are processed during business hours from Monday to Friday in the order of orders placed. The seller reviews the order and determines the deadline for the production of the ordered items, confirms the order or rejects it with a reason. The seller may contact the buyer at his e-mail address or telephone number to reconcile the order or verify the data or to ensure the accuracy of delivery.
The contract on the purchase of ordered items between the buyer and the seller is concluded at the time of confirmation of the order by the seller. The seller shall confirm the order by forwarding an e-mail to the buyer confirming that he has processed his order. From this moment, the seller is obliged to provide the ordered products. The concluded sales contract between the seller and the buyer will be stored in electronic form at the headquarters of the company Spletna prodaja Miha Stegel s.p. and will be available to the buyer upon his request.
All prices are in EUR and do not include VAT, as the seller is not liable for VAT, unless explicitly stated otherwise. Prices for individual items are valid at the time of placing the order; in the time before and after that prices may change. The price does not include delivery costs. The latter is displayed to the customer when he adds the selected items to the shopping cart. The price does not include customs or other duties that the buyer is obliged to pay in accordance with the legislation of the country of destination.
Additional discounts are not possible on products that are already discounted. Multiple discounts, coupons or vouchers cannot be accumulated at a single purchase. Only one discount, coupon or voucher per purchase can be applied. Online prices in the seller’s online store may differ from the price of products in the retail network (on site stores).
Due to the nature of business – online store, data and prices can change very quickly; also during the ordering process. In the event that the price information is incorrect or the price changes during the processing of the order, the seller shall inform the buyer and allow him to withdraw from the purchase or offer another solution that shall wok best for both contracting parties.
7. METHODS OF PAYMENT
Customers in the online store can use the following methods of payment:
- Google Payments
- Stripe Payments Europe Limited
- Bank card (Visa, American Express, Mastercard)
- By an invoice settled by transfer to the seller’s bank account: applicable for personalized products. The customer receives information for the transaction on the invoice sent to their e-mail address, which can be paid directly at his local at bank, online bank on by another seller of payment services. The transaction must be made within 5 working days at the latest, otherwise the order shall be cancelled.
The customer usually receives the invoice in a package along with the ordered goods, or by standard post or e-mail.
8. DELIVERY DEADLINE
The products advertised on the website are available in two (2) to twenty (20) working days, depending on the availability. In the case of the production of personalized products, the delivery date in prolonged (up to 6 months), of which the customer is informed before the conclusion of the contract, as well as of the estimated delivery time.
For detailed information on delivery times for individual items, we suggest contacting the seller in advance. In case of the unavailability of the product the seller shall notify the buyer immediately. The seller is exempt from the provisions on availability of products and its delivery in conditions beyond the seller’s control, e.g. in the event of a delivery service strike or in the event of force majeure.
9.SHIPMENT OF GOODS AND DELIVERY COSTS
The ordered products shall be delivered to the address specified in the ordering form.
The purchased goods shall be sent to the client via an external courier service (Pošta Slovenije, DPD, GLS, etc.). The cost of delivery is presented in the online order form and charged on the invoice. If the buyer does not receive the goods within days of its dispatch, an inquiry should be made with the delivery service and also inform the seller, who shall investigate the circumstances.
The buyer is obliged to check the integrity of the package and the goods in it upon receipt. In the event that the package is damaged, lacks content or shows signs of opening, the buyer must initiate a complaint with the delivery service, resulting in a report. The seller is not liable for any damage to products during transport.
The buyer located abroad is obliged to pay all import and other duties that are enforced at the country of destination.
10. WITHDRAWAL FROM PURCHASE AND RETURN OF GOODS
The buyer has the right to inform the seller within 14 days of receiving the goods that he withdraws from the contract, without having to state the reason for his decision. In order to exercise the right of withdrawal, the buyer must inform the seller in an unequivocal statement of his decision to withdraw from this contract (for example by a notice sent by regular post or e-mail). For this purpose, the customer may optionally use the attached sample withdrawal form. In order to comply with the withdrawal period, it is sufficient that the notice concerning the exercise of the consumer’s right of withdrawal is sent before the expiry of the withdrawal period (14 days). The seller will acknowledge receipt of the notice of withdrawal in writing.
In this case, the buyer is obliged to return the ordered goods within 14 days of withdrawal from the contract. The buyer is considered to return the goods on time if he sends them cack before the expiration of the 14-day return period. Returned goods must be unused, in the original packaging and undamaged, unless the goods are destroyed, damaged, lost or their quantity has decreased without the fault of the buyer. Returned products must be sent by registered mail and properly protected (obligatory in the box received) to the address Spletna prodaja Miha Stegel s.p., Ulica IX. korpusa 9, 6330 Piran, Slovenija.
The seller shall reimburse the price of the products purchased to the buyer immediately or no later than fourteen days after receiving the notice of withdrawal. If the seller has not yet received the goods within this time, the refund will be made upon receipt of the returned goods or the submission of proof that the consumer has returned the goods.
The cost of return is entirely borne by the buyer.
The sole act of returning the goods to the seller within the deadline for withdrawal from the contract is considered a notice of withdrawal from the contract. The seller shall not accept returned goods sent with an obligation of payment for the seller.
Personalized products that are custom-made or tailored to the customer’s personal needs cannot be returned. The provisions of this article do not apply to legal entities in sections that allow the buyer to withdraw from the contract without explanation.
11. MATERIAL ERROR AND COMPLAINTS
The error is material:
– if the product does not have the characteristics necessary for its normal or marketing use;
– if the product does not have the characteristics necessary for the special use for which the buyer needs it, and which was known to the seller or should have been known to him;
– if the product does not have the characteristics and features that have been explicitly or tacitly agreed or prescribed;
– if the seller has delivered a product that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.
In these cases, the buyer may exercise his rights arising from a material defect. The buyer must notify the seller of the defect within two months from the day the defect was discovered. In the error notice, the buyer must describe the error in detail and allow the seller to inspect the matter. The seller is not liable for material defects in the goods that appear after two years have passed since the product was delivered. A defect shall be deemed to have existed at the time of extradition if it occurs within six months of delivery.
The buyer, who has correctly informed the seller of the material error, has the right to request from the seller:
– eliminating the error of the product or
– partial refund of the amount paid for the product in proportion to the error or
– a refund of the amount paid.
To claim a material error, the customer should contact the seller by regular mail or e-mail. If it is established that the error of the item or its damage is due to improper conduct of the buyer, the complaint shall not be granted. The right to assert material errors is regulated by the Consumer Protection Act which governs the abovementioned situations .
12.PRIVACY AND PROTECTION OF PERSONAL DATA
13. COMPLAINTS SETTLEMENT
The seller is compliant with the applicable legislation in the field of consumer protection and strives to fulfil its obligation to establish an effective complaint resolution procedure.
The complaint can be submitted via the e-mail address email@example.com or in writing to the address of the seller Spletna prodaja Miha Stegel s.p., Ulica IX. korpusa 9, 6330 Piran, Slovenija. The complaint procedure is confidential. The seller will respond to the complaint within fifteen days or in this period inform the customer how long the complaint resolution shall take. If the seller does not grant to the customer’s complaint, it informs him of the reasons for rejecting the complaint and instructs him on the possibilities of further resolving the dispute in an appeal proceeding. The seller will strive to resolve any disputes amicably and in the shortest time period.
The seller does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act. In accordance with this Act, the seller publishes an electronic link to the European online consumer dispute resolution platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home.show & lng = EN
The buyer can also file a lawsuit in the competent court.
14. VALIDITY OF TERMS AND CONDITIONS
These terms and conditions are available on the seller’s website. Upon request, the customer can also receive them by e-mail or standard mail.
The seller reserves the right to change these terms and conditions on the website at any time and without prior notice. Any changes to the terms and conditions shall be published on the website https://nikastinyhouse.si/.
The terms and conditions and versioned and dated. An individual order is subject to the terms and conditions that are valid and published on the website at the time of placing the order.
Spletna prodaja Miha Stegel s.p.
Piran, 1st of December 2021