A) The validity of these General Terms and Conditions
A.1.) These terms and conditions apply between the buyer and the provider as seller (hereinafter: the seller) in connection with the buyer's offer to purchase goods retailer, delivered through the online store vendor (hereinafter bionutris.si).
A.2.) Buyer is any person who, through bionutris.si seller an offer for the purchase of goods dealer, regardless of whether it is natural or legal person.
A.3.) All agreements between the seller and the buyer in connection with purchasing goods through bionutris.si are regulated by these general conditions, general conditions of the personal data vendor offers the buyer and seller acceptance.
A.4.) The buyer has the option to these general terms of the cross of their offer printed or saved.
B) The ineffectiveness of other contractual terms and conditions
B.1.) These terms and conditions shall prevail over any conflicting contractual terms and conditions of the buyer or the terms of contract of another person, which deviate from these General Terms and Conditions.
B.2.) These terms and conditions apply, too, if aware of the existence of conflicting or different contractual conditions of the buyer or other party vendor performs any exercise by implication or otherwise conduct that could be considered for the confirmation of the opposite or the other contractual terms and conditions of the buyer or other person. The validity of the latter is in any case excluded. This is true even if the conditions of the contract the buyer or other persons may be deemed to have been accepted by the inclusion of these General Terms and Conditions.
C) Validity in relation to non consumers
C.1.) These terms and conditions applicable in each case in relation to all persons who are not considered for the consumer in terms of consumer legislation.
C.2.) Consumers are referring to the regulations, in the case referred to in the previous paragraph in any case excluded.
D) The validity in relation to the consumer
D.1.) The incorporation of these general conditions of purchase conditions of the person in terms of consumer law applies to consumers, as a buyer, it is sufficient if such a person upon registration as a user of the vendor's website or at the cross demand for the purchase of goods seller declares that it was fully aware of these general conditions of sale through bionutris.si.
E) Validity in relation to foreigners
E.1.) These terms and conditions apply irrespective of the statutory or actual location of the buyer and not by reference to its actual ability to understand the language in which these general terms are drafted.
G) Offering Clients
G.1.) The buyer may assortment from a vendor that is published on bionutris.si, selects the goods for which the purchase is interested in, as well as a set of such items by clicking on the button "in basket" provides in its "basket".
G.2.) By clicking "Submit", the customer makes the first step in formulating a binding offer to the seller for the purchase of goods, as defined in your shopping cart. Before bidding buyer can freely alter the available elements of the offer.
G.3.) This offer is valid only on the condition that the purchaser by clicking on the appropriate button to confirm that it agrees with the syllabus subjects and the general conditions and thereby makes an integral part of the offer and in case you choose the payment method by providing any payment service, ordered the execution of payment transactions for the payment of all monetary obligations of the buyer arising from the bid.
G.4.) Offer the customer is given depending on the price of the goods listed in the basket of the buyer. The payment obligation of the buyer amounts to as much as before bidding buyer listed in the "for pay" system bionutris.si, including all handling charges, shipping charges or payments and related expenses and any taxes, duties or discounts, while the buyer confirms that it is aware and agrees with this.
G.5.) Offer is deemed to be given only if it is properly made via bionutris.si. This also applies to any additional requirements, conditions or instructions of the buyer, which may be related to the content supply.
H) Adopting the Seller
H.1.) Proof of receipt of the offer of the buyer following the dispatch of the offer the buyer does not constitute acceptance of the offer by the seller.
H.2.) Acceptance of the offer by the buyer is carried out with dispatch the appropriate e-mail the seller or the delivery of goods to the purchaser. Any other exercise or different customs, practices Seller shall not be considered for acceptance of the offer by the seller.
H.3.) Acceptance of a bid by the Seller in any case, placed under a suspensive condition that the payment method chosen by the customer, one hundred percent guaranteed payment of all payment obligations of the buyer to the seller that the seller authorizes his payment service provider, and that the seller has passed and confirmed the availability of goods in accordance with aspects of the tender buyer.
H.4.) Following the acceptance of the offer by the seller of the conditions of the respective contract of sale between the buyer and seller are fixed and can not be changed unless these terms and conditions stipulate otherwise.
I) General information about payment methods
I.1.) bionutris.si system allows customers to pay only purchase with a credit or debit card or pay at the reception of the goods by the buyer, under the conditions set out in these Terms and Conditions.
I.2.) Payments shall be made exclusively in euro or in the event that the vendor is established outside the euro area, the currency, which is legal tender in the country of residence of the seller.
I.3.) After choosing the appropriate method of payment by credit or debit card or by cash payment at the reception of the goods, the buyer waives any right to withdraw from or change task to make a payment with your payment.
I.4.) Buyer agrees that the seller in the event of suspected abuse of any form of payment at its sole discretion any transaction in question without notice to surrender dispute to the competent authorities.
I.5.) The buyer can not offset its obligation to pay the claim, it is up to the vendor.
I.6.) The Buyer acknowledges and agrees that his payment service provider for the purpose of fulfilling customer's payment obligations in connection with the purchase by these terms and conditions the customer is charged the cost of the transaction to the seller are not known. Buyer agrees that such expenses bear alone.
I.7.) If the goods are goods for which it has under Article 54 of the Regulation on the implementation of the Law on Value Added Tax permissible to apply a reduced rate of value added tax, the buyer is liable for value added tax, states, the direct investor and therefore entitled to levy reduced rates of value added tax and that the goods will be mounted on a residential building, which is not intended for business activities.
J) Payment with credit or debit cards
J.1.) When paying by credit or debit card to the seller through the appropriate payment service providers charged to the credit of the buyer immediately after the dispatch of e-mails to the buyer on the acceptance of its bid by the seller.
J.2.) Once given the order to make a payment by credit or debit card, the customer waives every right to cancel or change such a task, namely, the seller is responsible for all costs and damages in this respect.
J.3.) Buyer is responsible for the fact that the payment service provider with credit or debit cards to pay sufficient credit to purchase that also regulates all relations with such a payment service provider that he is entitled to payment for used credit or debit card and that the cross orders delivered complete and correct information on the credit or debit card. Otherwise, the seller be liable for all damages and costs to the seller in respect of that breach arose.
K) Payment on receipt of goods
K.1.) The customer can pay at the reception of the goods carried out with each form of payment by the seller or deliverer (including mail) enables the receipt of goods.
L) Payment with a gift voucher online www. bionutris.si not possible.
M.1.) The seller is the buyer obliged to deliver the ordered goods to the address (before the door of the object, but not the object itself, or without entry of goods into the object itself) that the buyer indicated in the tender customer sent via bionutris.si, and has confirmed acceptance of the seller, if the provisions of this section does not provide otherwise.
M.2.) The Seller is responsible for the timely and orderly dispatch of goods from his business and the delivery of the deliverer, but is not responsible for delays caused by the deliverer.
M.3.) In the case of purchase of goods, which is associated with the delivery of the goods at the delivery address, which does not represent one of the business units of the seller, the seller of goods is obliged in accordance with the previous paragraph dispatched to the address provided by the vendor to the customer communicate in an email, which shall acknowledge receipt of the buyer's offer. The time of delivery by the seller of such an e-mail or otherwise communicated to the customer, as well as the time of delivery, the purchaser may communicate delivering it is for informational purposes only, so the buyer agrees, and its possible overruns for whatever reason, does not affect the validity of the purchase and the buyer does not produce legal effects.
M.4.) As far as delivery of goods to the address that was in its offer customer mark is not possible on the ground that the goods which are the subject of delivery can not be inserted in the house or exposed letterbox or because the person who delivers the goods, finds that the buyer is not located at the address indicated, however, that the estimated time of delivery to the customer is communicated, taking into account the permitted overdraft in the previous paragraph, the customer comes into delay and bear the cost of unsuccessful delivery attempt, the seller should the buyer know that the ordered goods below assumes the office of the vendor by the vendor stating in its communication, and with the discretion to charge the normal demurrage charges. The message from the previous sentence, the seller is released from his obligations extradition.
M.5.) If it is agreed that the buyer takes the goods at one of the offices seller, the buyer comes into delay, if the e-mail vendor specified dates, with the exception of only transitory short absence does not exceed one working day, not goods takes over. For the time of the takeover delays may be the seller to the buyer at the discretion of the normal charge demurrage charges its obligation to deliver the goods is not relieved by the fact that the buyer of goods at the expense of the buyer to the seller delivered to the last known address of the purchaser.
M.6.) Goods are deemed to be delivered when the customer representative seller, regardless of delivery method (ie including representatives of the deliverer) acknowledge in writing receipt of goods or in accordance with the provisions of this section comes into accepting a delay.
M.7.) If the buyer is a consumer enters the danger of accidental damage to or destruction of the goods to the buyer at the time when the goods in accordance with the syllabus subjects and general conditions made available to the customer or when the customer in accordance with the syllabus subjects and general conditions come in late. In all other cases, pass the danger of accidental damage to or destruction of the goods to the buyer at the time of delivery of a commodity by the seller with the delivery.
M.8.) Select the deliverer is the responsibility of the seller, the liability is limited to the responsibility for the choice.
N) Warranty, product warranty for defects
N.1.) For goods retailer voluntary warranty applies, if so indicated on the warranty card or account that the customer is handed over upon delivery, ie as long as it is on such a document indicating mandatory warranty applies under legal conditions. In the case of voluntary warranty are questions which guarantee deviate from these Terms and Conditions or regulation, authoritative set of voluntary warranty. Each warranty is valid only when the instructions on the warranty and the submission of a warranty certificate or account.
N.2.) As far as the information on a voluntary warranty to the documents referred to in the previous paragraph is not, in any event, be deemed to voluntary guarantee is not.
N.3.) If the seller's liability under these Terms and Conditions is excluded, this also applies to the personal liability of its employees, the suppliers, agents, representatives and vicarious.
N.4.) The Seller is responsible for defects of the goods in accordance with the provisions of civil law. For consumers subject to the provisions of consumer law, even if they deviate from the below stated rules. In any case, that the seller's liability for defects in relation to customers who are not consumers, the rules set out in the lower left column. For the seller's liability for defects in relation to customers who are consumers, subject to the rules set out in the lower right hand column.
Law in relation to customers who are not consumers
The buyer is obliged to manifest errors Seller in writing and verifiably notified within eight days of receipt of goods in commercial contracts immediately after the acquisition, namely the loss of rights arising from WARRANTIES for obvious defects in the goods.
About hidden defects of the goods, the buyer must notify the seller within eight days from the date the error was discovered in commercial treaties immediately after their discovery, namely the loss of rights arising from WARRANTIES hidden defects of the goods.
The Seller's liability for defects which appear after the mine six months from the time of delivery to the customer is excluded.
The buyer is an error in time and properly notified the seller can claim an immediate elimination of errors on the way to repair the goods. If goods are not corrected within 45 days of receipt of the customer's requirements for the repair, the purchaser may require the delivery of replacement goods free of defects. Only in the case of inconclusive exercise of such purchaser may resort to a reduction in price or withdrawal from the purchase contract. This provision applies to situations covered by the compulsory or voluntary warranty, as well as an example of a clerical error.
In the case of exchange of goods with other goods the buyer is the seller of defective goods delivered at the expense of the seller within 30 days of receipt of goods.
In the case of statutory warranty for the flawless operation of the goods, the buyer can also contact the manufacturer or the importer of the goods. In such a case, it is the buyer waived the enforcement of the related indemnification or warranty claims against the seller.
The Seller's liability for death, personal injury or impairment of human health, or where, due to defects in the goods damage to other things, is excluded if the seller upon delivery or within a reasonable time after the occurrence of the injury victim informed about the identity of the producer or importer or the person the product is delivered.
Seller warrants only for foreseeable damage that occurs as a result of the defects, as well as only for such damage, which is typical for each type of purchase. If given a small negligence attributable to the seller, this is liable only if there is a breach of essential obligations under the contract, which threaten the achievement of the objective of the contract, or the breach of the obligation, the fulfillment of which only allow for the proper performance of the contract and the fulfillment of which the customer can expect.
RULES IN RELATION TO CUSTOMERS WHO ARE CONSUMERS
The seller must deliver the goods to the buyer in accordance with the contract and liable for defects of its fulfillment.
Defects are factual:
1. if it lacks the properties required for its normal use or traffic;
2. if the thing does not have the properties required for a special purpose for which the consumer is purchasing, but the seller was aware or should have been known;
3. if the product lacks the attributes and virtues which were expressly or tacitly agreed or prescribed;
4. If the seller delivers a thing that does not match the sample or model, unless the sample or model was shown only for informative purposes.
The suitability of goods for normal use shall be assessed according to the traditional products of the same type and having regard to any statements made by the Seller on the characteristics of the goods by the seller or manufacturer, particularly in advertising, product presentation or marking on the product itself.
The buyer can exercise his rights under clerical error, if error notifies the seller within two months from the date when the mistake was discovered.
The buyer must in the notice of precisely describe the defect and enable the seller to inspect.
An error message may communicate the buyer to the seller in person, upon which the seller must issue a receipt, or send it to the store where the product was purchased or the agent vendor with whom they have a contract.
Seller is not responsible for factual defects which appear after two years have elapsed since the product was delivered.
It is considered that the defect existed at the time of delivery, if it occurs within six months of delivery.
The buyer, duly notified the seller of the error, have the right to require the vendor to:
- Eliminate the defect in the goods or
- Return of the amount paid in proportion to the situation or
- Defective goods be replaced with a new faultless goods or
- Return the amount paid.
In any case, the buyer has the right to demand a reimbursement for damage, particularly costs for materials, spare parts, labor, transfer and transport of products resulting from the obligations set out in the preceding paragraph.
The rights of the buyer predprejšnjega paragraph extinguished by the expiration of two years from the date when the clerical error notifications dealer.
If the existence of defects in the goods or irregularity in the service is not objectionable, the seller must as soon as possible, but no later than within eight days satisfy customer's requirements after rectification.
The seller must reply in writing to the customer on request within eight days of its receipt, if the existence of defects in the goods or irregularity in the service at issue.
If the seller is destroyed or lost product that has been placed on the repair, maintenance or completion, the buyer is obliged to give of his choice within eight days the same product or to immediately receive compensation in the amount of the retail price of a new product.
If the seller is damaged or breaks a product that has been placed on the repair, maintenance or completion, it is obliged at his own expense within three days to eliminate the defect or damage, when this does not reduce the value and utility of the product. In the event that this can not be guaranteed, it belongs to the customer right from the preceding paragraph.
Legal Notice on the right of withdrawal:
The buyer has the right, without giving any reason within 14 days to withdraw from the contract.
The withdrawal period will expire after 14 days (a) from the date when the buyer acquires physical possession of the goods or acquires for the customer by a third party other than the carrier and when this purpose by the purchaser or (b) in the case of a contract relating to the delivery good consisting of multiple lots or pieces (b) the date on which the purchaser acquires possession of the last lot or piece or acquired by the purchaser rather than a third party other than the carrier and when this purpose the buyer.
To exercise the right of withdrawal, the consumer has an unequivocal statement notify the seller of its decision to withdraw from this contract (eg. By a letter sent by mail, fax or e-mail).
To this end, the purchaser may optionally use these general conditions attached model withdrawal form.
To make the deadline for withdrawal from the contract into account, it is sufficient to note in connection with the exercise of the right of the buyer to cancel the contract before the withdrawal deadline of this contract.
Effects of withdrawal: If the purchaser withdraws from the contract, the Seller without undue delay and in any event no later than 14 days from the date of receipt of the notice of withdrawal shall reimburse all payments received, including delivery cost (excluding additional costs resulting from the choice of type of delivery, which is not economically advantageous offered standard format for delivery by the seller). Such reimbursement undertaking carried out with the same payment method as was used for the initial transaction, unless expressly agreed otherwise; in any case, because of this drawback buyer does not bear any costs.
Seller may withhold payment until it has received the goods back, or until the customer sends a proof that the goods are sent back, depending on whichever is earlier.
Consumer goods returned or handed over to the seller without undue delay and in any event no later than 14 days from the day on which the consumer has informed the company of withdrawal. The deadline is met if the consumer sends back the goods before the expiry of the 14-day period. The direct cost of returning the goods borne by the consumer.
The consumer is liable for any diminished value of the goods due to the handling, which is not necessary to determine its nature, characteristics and functioning.
O) Retention of title, lien
O.1.) Until full payment of all payment obligations of the customer remains the goods sold by the seller.
O.2.) Buyer, the goods subject to retention of title, stored and handled in accordance with the due diligence and a good manager. Any change in the place where the goods are located, as well as the intervention of the buyer or third parties, in particular any disqualifications, the buyer to the seller in writing without delay sporočilti, in the case of attachment by submitting a copy of the minutes of the seizure. The cost of the necessary elimination of the consequences of foreclosures or interventions or delivery to the original location of the goods for the purchaser.
O.3.) The buyer is committed to the right to property dealer obvraroval even if the goods sold on to third parties or drawer where the goods are intended for third parties. Above all, the customer must follow consignee expressly written to draw attention to the existence of a reservation of ownership to the vendor.
O.4.) Dealer opposed to a possible merger, admixing or manufacture of new movable goods sold.
O.5.) The buyer may be carried right of retention on purchased goods on which there is a reservation of title the seller only if the entitlement to exercise the right of retention arises from the same contractual relationship.
P.1.) The respective contract concluded on the basis of these general conditions will be stored in the electronic system vendor, the customer can access to it through the Seller for a customer to pay the actual material cost of its reproduction.
P.2.) If the customer is a consumer, the respective contract on the basis of these general conditions in relation to the agreed place of fulfillment and concluded appropriate in Slovenian, Croatian, Italian, German or English.
P.3.) If the customer is a consumer, you can send their complaints, comments, requests and statements by the seller to the following address: email@example.com
P4.) Address dealer's customer service is as follows:firstname.lastname@example.org
P.5.) The buyer by accepting these Terms and Conditions reaffirms that he is aware and agrees with the provisions of the General Conditions of the personal data vendor that has already been taken by the user registration, which allows him to use the system bionutris.si.
P.6.) For contracts concluded under these Terms and Conditions, and the General Conditions, the law of the country of establishment of the seller, excluding the force of the UN Convention on the International Sale of Goods.
P.7.) For all disputes in relation to or arising out of these Terms and Conditions or on the basis of contracts internationally and locally competent court at the seat of the seller.
P.8.) Any dispute between the seller on extrajudicial manner possible on the basis of the Law on Alternative Dispute litigation.
P.9.) Partial ineffectiveness of individual provisions of these Terms and Conditions or on the basis of negotiated contracts does not affect the validity of other provisions. Invalid provisions must be interpreted and the legal vacuum created due to their ineffectiveness, filled in a way that is closest to their original economic smotru.
P.10.) The customer confirms that he is aware that the present terms and conditions are subject to continual change and improvement, and for possible future purchases alone assumes the responsibility to be familiar with the current general conditions applicable to the system bionutris.si ..
P.11.) Changes to these Terms and Conditions and the contracts concluded on their basis are possible on the basis of individual written agreements with customers. Oral agreements on the withdrawal of the formal requirements referred to in the previous sentence are not possible.