TERMS AND CONDITIONS OF SALE
- General provisions
These Terms and Conditions of Sale (‘’Terms’’) of Benedetti life webshop available at: www.benedetti.life (‘’webshop’’), managed by BENEDETTI LIFE d.o.o. (hereinafter referred to as: “the provider, company, we or us”), which is also a provider of e-commerce services, have been prepared in accordance with the legislation of Republic of Slovenia; Consumer Protection Act (Official Gazette of the RS, No. 98/04 - official consolidated text, 114/06 - ZUE, 126/07, 86/09, 78/11, 38/14, 19/15, 55/17 - ZKolT and 31/18, hereinafter referred to as: CPA), Electronic Commerce Market Act (Official Gazette of the RS, No. 96/09 - official consolidated text and 19/15), Out-of-Court Settlement of Consumer Disputes Act (Official Gazette of the RS, No. 81/15), Consumer Protection against Unfair Commercial Practices Act (Official Gazette of the RS) and other relevant legislation.
This Terms apply between the provider and the customer (hereinafter referred to as: “user or the customer”) for each purchase of products (“goods”) in the webshop.
This Terms form an integral part of all contracts concluded between the provider and the customer and apply to each order of the customer unless the special terms and conditions govern the individual provisions otherwise.
When placing an order online, the customer is notified about the Terms. Each time when a customer places an order, the customer agrees to the Terms.
In accordance with this Terms, we offer the purchase of our products to customers (a customer is a natural person who makes a purchase for purposes outside their professional sphere or gainful activity) who are older than 18 years. By confirming your agreement with this Terms, you also confirm that you are at least 18 years old. In case the legal entity wants to make a purchase, the purchase procedure is the same for a legal entity as for natural persons, with the difference that it is necessary to select the purchase option per company and enter the tax number. Legal entities are not subject to the provisions of consumer law contained in this Terms (withdrawal from the contract and notification of material defects).
- Registration process
In our webshop a customer can make a purchase as a registered user or as a guest.
- Information about the provider
The webshop is managed and operated by the company BENEDETTI LIFE, oblikovanje oblačil, d.o.o., Rožna dolina II / 19, 1000 Ljubljana:
- Entry into court register: District Court Ljubljana, under Srg nr. 2019/22759,
- Registration Number: 8451249000,
- VAT No. SI69363200 (the company is subject to VAT),
- E-mail: firstname.lastname@example.org,
- Phone number: 00386 51 382 055 (the price of a phone conversation is charged by the telecommunications operator),
- Information accessibility
The provider commits, that information listed below, will be provided to customer at any time, including before purchase:
- the essential characteristics of products (including after-sales services and guarantees) and the period of validity of this information;
- company information (name and place of business, phone number);
- the final price of the goods or services, including taxes, or the method of calculating the price if, due to the nature of the goods or services, cannot be calculated in advance;
- information on any additional transport, delivery or shipping costs or a warning that such costs may be incurred if they cannot be calculated in advance;
- payment terms and conditions of delivery and performance of the service, deadline for delivery of goods or performance of the service, where necessary;
- Interpretation of an appeal, including details of the contact person;
- acquaintance with the responsibility for material defects;
- the duration of the contract, where applicable, and the conditions for withdrawal from a contract concluded for an indefinite period or from a contract with automatic renewal.
- Product offers in the webshop
The provider is committed to sustainable fashion and the offer of organic products. Some products are therefore only available on a pre-order basis, which is indicated next to each product marked *Pre-order. Products that are available on a pre-order basis are products that are not made in advance but based on a customer’s personal choice or decision. Other products that do not have the label *Pre-order, are available for purchase.
We will take all necessary measures to ensure that all details, descriptions and prices of products that appear in the webshop are correct at the time of entering the relevant information into the system.
Although we strive to update the webshop as smoothly as possible, it can happen that information, including product descriptions, that appear in the webshop at a certain time may not reflect the current situation at the time of placing the order. In the event that the customer finds that the product he ordered from us is contrary to the product description in the webshop, the customer may return the product in accordance with this Terms. Despite our efforts to provide the most up-to-date and accurate information, price information may be inaccurate. The company reserves the right to withdraw from the contract if a fundamental mistake is found in accordance with Article 46 of the Obligations Code (Official Gazette of the RS, no. 97/07 - official consolidated text, 64/16 - odl. US in 20/18 - OROZ631, hereinafter: Obligations Code).
The images and colors of the products available in the webshop try to be as representative as possible, but they may deviate from the actual appearance of the products due to the use of a browser and / or monitor.
When creating products, we use only fair trade and sustainable, ecological, and recycled fabrics. These fabrics are made in different batches and at different manufacturers, so they may have certain inconsistencies, minor flaws and one batch may differ from the next, which is also reflected in the differences in our products.
- Data verification
The provider may call the customer on his contact telephone number or contact him via other contact information provided by the customer (eg via e-mail) to verify the data or ensure the accuracy of the delivery.
- Purchase procedure
To place an order to purchase one or more products, you must complete and submit an online order form. The technical steps required to complete the purchase are as follows.
Browse our webshop; our products are placed in different categories or groups. Clicking on a specific category displays all products collected in this group. By clicking on the product, the product description is displayed. The product description consists of the material(s) from which the product is made, its price and a brief description. You can view the products from different angles and through different images. You can click on the "size chart" and find out what dimensions fit which sizes, and then click on the appropriate size to select this parameter as well. You can add any product you want to buy to the cart by clicking on "add to cart". You can view the selected products by clicking on the "shopping cart" in the upper corner of the webshop. You can remove the selected product by clicking on the cart and then clicking on the "remove" button next to the product you want to remove. The cart automatically adds (or changes) the amount of the purchase price.
Before placing an order, check the selected products and their quantities.
If you do not want to place an order, you can click on the logo of the webshop or any product group and leave the cart without an order.
Click 'continue order', 'accept terms' and 'payment' to place your order.
When you place an order, it is handled in accordance with the “Order Confirmation and Acceptance Policy” section.
- Order Confirmation and Acceptance Policy
Our webshop is an invitation to offer to buy our products. By placing an order and paying the purchase price and related costs, you offer us your purchase of our products. Confirmation of receipt of your order will be sent to the customer by e-mail immediately upon receipt of the order.
Acknowledging receipt of your order does NOT mean that your order has been accepted, but only that you have successfully placed the order, that we have received it, and that we need to review it. In the event of a change in price, product description or lack of stock, we will contact you to see if the proposed changes are acceptable to you.
The order receipt contains information about your order, which contains a list of purchased products, an invoice, basic information from the product description, purchase price and taxes.
We may also request additional information or verifications before accepting an order.
After or together with the confirmation of your order, we will also send you an "acceptance of the order". "Acceptance of the order" is a binding agreement and will include a list of purchased products, basic information from the product description, purchase price and taxes, invoice, delivery information and our general conditions.
By accepting the order, you have successfully placed the order and the contract between the customer and the provider is considered concluded. From this moment on, all prices and other conditions of purchase are fixed and apply to both the provider and the customer. The contract is stored in electronic form on the provider's server.
You will be notified of the rejection of your order at your contact e-mail address.
Rejection of an order may be due to one of the following reasons:
- The ordered product is not in stock,
- We were unable to obtain authorization for your payment,
- An error was found in the product description,
- The existence of customs or delivery restrictions in your country,
- Do not meet the eligibility criteria (e.g. age) as stated in the Terms,
- You did not submit or provide us with additional information or verifications.
In the event of a rejection of the order, payment, if any, will be refunded as soon as possible, but no later than fourteen (14) days after receipt of the notice of rejection.
We strive to establish the most user-friendly experience possible. Unfortunately, we cannot guarantee that your orders will be received and / or accepted.
- Payment methods
Customers can pay for the products ordered in our webshop with a credit card or PayPal. We accept payments with the following credit cards: Visa, MasterCard, American Express, Discovery, Diners Club, and GoCrypto.
The customer guarantees that he has all the necessary authorizations and the appropriate amount of available funds on the card to use the selected payment method. Card fraud is illegal and is being prosecuted accordingly.
By placing an order in the webshop, you allow the provider to make a charge on your credit card for the amount of the total price of the goods you have purchased.
The customer's credit card will only be charged to the transaction: (i) after verifying the credit card information; (ii) when the debit authorization has been received from the card issuer used by the customer, (iii) when the availability of the product has been confirmed, and (iv) when there are no circumstances requiring the rejection of the order.
When placing an order other than the provisional payment required to verify the validity of the credit card, the card will not be charged. Upon execution of the order, the temporary cost will be cancelled and replaced by the amount to be paid by the customer. This provisional payment will also be cancelled if the order is cancelled.
All credit card holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we are not responsible for any delay or absence of delivery due to this. In the event that for any reason the card cannot be debited with the amount of the order, the purchase contract will not be concluded and the order will be cancelled (unconfirmed).
- Prices and other related costs
The prices in the webshop are the same for guest and registered user. All prices are in EUR and include VAT, are valid at the time of placing the order and have no predetermined validity. Always check the final sale price before placing an order. All prices in the webshop are written in euros.
Prices for products shipped to destinations in the European Union (EU) include value added tax of 22%.
- Public duties:
Prices for products shipped to countries outside the EU do not include import and other duties. The settlement of such tax burdens is the responsibility of the customer who ordered the product in a country outside the EU. All prices shall be subject to duties as determined by the relevant authorities in accordance with the legislation in force at the time and place specified. Additional costs (customs duties, duties, taxes, brokerage costs, etc.) may be charged regardless of the destination of shipment. We are not liable for such costs unless expressly stated otherwise.
- Bank fees
Additional fees may be required for bank transfers, which cannot be foreseen at the time of purchase. You are responsible for paying these costs yourself in accordance with the agreement you have with your bank.
- Late payment interests:
Products are shipped only after we receive full payment for them. If, for one reason or another, a debt arises on your user account, we charge you late payment interest and reserve the right to set off such an amount by paying you to order new products.
- Delivery & shipping
For all purchases, we offer international delivery, which includes all management costs for any order of any size. Orders will be delivered by the courier service to the address provided by the customer in the online purchase process. Delivery costs in the territory of the Republic of Slovenia are in amount of 5.00 EUR, and outside the borders of the Republic of Slovenia are in amount of 25.00 EUR. The price includes VAT.
Estimated delivery time of ordered products is 7-21 working days after shipment of the order. For products where a longer delivery time is specifically marked, the longer delivery time is taken into account.
Delivery time may vary depending on the product, its availability, the country of delivery, the conditions of the carrier and other possible practical factors. The stated delivery time refers to the average and does not constitute a guarantee of delivery time.
By placing an order, you accept the terms of our delivery services. For more information, please contact the general conditions of carriers available at TNT, DHL and Pošta Slovenije or contact email@example.com.
In case of disparity between this Terms and the conditions of the carrier, this Terms shall apply. If the product has not been delivered within two (2) months after the date of receipt of the order for the product in stock, you can cancel the order by sending us a message to firstname.lastname@example.org. If you choose to cancel in these circumstances, we will reimburse you within three (3) business days from the cancellation.
If the customer does not receive the ordered goods within the agreed deadline, he must give notice to the provider to fulfil the obligation and set an additional deadline for fulfilment of obligations. If the provider fails to deliver or fulfil his obligations within the additional deadline, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of goods.
After the ordered goods are delivered to your address, you will receive the invoice to your e-mail address (in .pdf format). The invoice includes itemised price and all costs related with the purchase. The customer is obligated to check the accuracy of the information before placing the order. Subsequent objections regarding the correctness of the issued invoices are not taken into account.
Until the full payment for the products from an individual order, the ordered products remain the property of the provider, even if they have already been delivered to the customer. In case of non-payment or In case of incomplete payment, the provider also has the alternative right to request the return of the product in perfect condition.
- Returns and exchanges (complaints)
13.1 Cancellation before shipping the order
We offer the costumer the opportunity to cancel their order before it is ready. Once the order is ready, it can no longer be cancelled. After confirming the order, the customer must inform the provider about their cancellation of the order on email@example.com. If the order has not yet been prepared, we will cancel the order. We will then refund the customer using the same means of payment as the customer used for the initial transaction.
PayPal orders require administrative fees of approximately 10.00 EUR and are paid to PayPal Inc. by the customer and the provider cannot reimburse customer for this part of the cost.
If, after notifying the customer of the cancellation of the order, the order is already ready, our return policy will take effect.
13.2 Right to withdraw
We hope you are satisfied with our products. Otherwise, as a consumer, you are entitled to withdraw from the contract within 14 days after the goods were accepted by you, without having to state the reason for withdrawal. The consumer may inform the company his decision to withdraw from the contract by giving unequivocal statement setting out his decision to withdraw from the contract (in writing or by e-mail: firstname.lastname@example.org, possibly using the withdrawal form below). The consumer must return the goods within 14 days of notification, which must be undamaged, unwashed, in the original packaging and with the original label, without visible consequences of use and in the same quantity, unless the goods are destroyed, damaged or reduced in quantity, without consumer fault, to the address of the provider: BENEDETTI LIFE doo, Rožna dolina 2/19, 1000 Ljubljana, Slovenia. The consumer is liable for a reduction in the value of the goods if the reduction in value is due to the handling of the goods, which is not necessarily necessary to determine the nature, properties or functioning of the goods. In doing so, the consumer can compare the ordered goods in the same way as he would in a store.
The consumer shall not have the right to withdraw from the contract in accordance with paragraph 5 of Article 43.č in respect of the following contracts:
- goods or services for which the price is dependent on fluctuations in the financial markets over which the company has no control and which may occur within the withdrawal period;
- goods made to the consumer’s specifications and adapted to their personal needs;
- the supply of goods which are perishable or expire rapidly;
- the supply of services in cases where the company has fulfilled its contractual obligations and the performance of the service has begun with the consumer’s prior express consent and acknowledgment that they lose the right of withdrawal if the company fulfils the contractual obligations;
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery by the consumer;
- the supply of a newspaper, periodicals or magazine with the exception of subscription contracts for the supply of such publications;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery by the consumer;
- the supply of goods which are by their nature inseparably mixed with other items;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market over which the company has no control;
- contracts concluded at a public auction;
- contracts where the consumer has specifically requested a visit to the home from the company for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the company provides additional services not specifically requested by the consumer or supplies the goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
- the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the company undertakes to fulfil its obligation on a specific date or within a specific period;
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and acknowledgment that they thereby lose the right of withdrawal.
The provider also explicitly points out that masks are a hygienic product and the right of withdrawal cannot be exercised. Likewise, the consumer who ordered goods made to the consumer’s specifications and adapted to their personal needs does not have the right of withdrawal.
Reimbursement of payments shall be made immediately, or no later than 14 days from the day on which we received the consumer’s decision to withdraw from the contract. Unless the company has offered to collect the goods itself, with regard to sales contracts the company may withhold the reimbursement until it has received the goods back, or until the consumer has supplied evidence of having sent back the goods.
The provider shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly requested the use of other means and provided that the consumer does not incur any fees as a result of such reimbursement.
The consumer cannot claim reimbursement of additional costs incurred if he has explicitly opted for a type of shipment other than the most affordable standard shipment offered by the provider. In the event that the consumer exercises the right of withdrawal which does not belong to him, or the goods will be used in ways exceeding the above uses during the right of withdrawal, the right of withdrawal will be rejected, and the order will be returned at the consumer costs.
All shipping costs associated with the return of the goods are borne by the consumer. Returned products should be unused, undamaged and in the original packaging. The consumer must enclose a copy of the invoice with the return.
Return the products to the following address: BENEDETTI LIFE d.o.o., Rožna dolina 2/19, 1000 Ljubljana, Slovenia.
If you have any questions, concerns or inquiries, please contact email@example.com.
13.3 Damaged and defective products
Each product is inspected before shipment. Each shipped product must be flawless and must match the product description and its characteristics as stated in our webshop.
In the event that the shipment is physically damaged, lacks content or shows signs of opening, you can refuse to accept the shipment to the carrier who delivers the ordered goods to you. Please let us know at firstname.lastname@example.org. In case you do not reject such a shipment to the carrier, inform us about such a shipment and in agreement with you, we will send you a carrier that will pick up the shipment in the same condition as you received it (without adding or removing anything). Please also take a photo of the damaged shipment and send us a photo proof to email@example.com. Together with the carrier, we will make sure that the damaged shipment is replaced as soon as possible.
13.4 Liability for material defects
The provider is responsible for material errors of the purchased goods in the webshop.
In accordance with ZVPot a defect shall be deemed material if:
- the item does not have the characteristics necessary for its regular use or placing in circulation,
- the item does not have the characteristics necessary for the special use for which the buyer bought it, and this was or should have been known to the seller,
- the item does not have the characteristics and features that were expressly or tacitly agreed upon or prescribed,
- the seller delivered an item that does not match the sample or model, unless the sample or model was only shown for information purposes.
The adequacy of goods for normal use shall be assessed in relation to usual goods of the same kind and by having regard to any declarations of the provider as to the characteristics of goods, provided by the provider, in particular, advertising, presentation of the product or indications on the goods.
Consumer may exercise their rights resulting from a material defect on the condition that they notify the provider of the defect within two months of the discovery of the defect.
In the notification of a defect the consumer shall precisely describe the defect and enable the provider to inspect the item. The consumer may notify the provider of the defect in person at the company’s headquarters or via e-mail firstname.lastname@example.org, whereby the consumer may also submit video or pictorial materials. A consumer who has informed the provider of a defect in the prescribed manner, shall have the right to request that the provider:
- eliminate the defect in the goods, or
- reimburse part of the amount paid in proportion to the defect, or
- replace the defective goods with new flawless goods, or
- reimburse the entire payment.
Where the existence of a defect or a defective service is not contested, the provider shall comply with the consumer's claim as soon as possible, but not later than 8 (eight) days after receiving the request. Where the defect on goods or a service is contested, the provider shall send the consumer a written reply within 8 (eight) days of receipt of the request at the latest. The provider shall not be liable for material defects that appear more than two years after the product was delivered. When a defect appears within six months of the product being delivered, the defect shall be deemed to have existed at the time of delivery.
- Possibility of replacement
The provider allows free replacement of the product with a product of another size or color, if it is a product that is not made on the basis of a customer's pre-order, ie it is a product from stock. The possibility of exchange for another size or color depends on whether the product is in stock. The customer must take care of the organization and postage costs of returning the product, and we will cover the costs of delivery of the new product. The product you are returning must be unused. Please clearly state on the shipping form that the item is being returned for exchange, otherwise additional import duties may be incurred. We have no influence on import taxes and duties. Be careful when stating the country of your address, as we charge the cost of re-shipping a product that was incorrectly addressed.
Upon receipt of the replacement products, we will notify the customer by e-mail, and the replacement will be completed within seven (7) business days. The product will be delivered subject to its availability. Please note that exchanges at addresses outside the European Union may go through the customs procedure again and may be taxed again. To avoid double payment of duties, please keep all documents of import duties if you may need to prove that you have already settled these obligations. We have no influence on the additional costs related to customs duties and import duties.
We reserve the right to refuse returns or exchanges that do not comply with the above conditions and required procedures. If your request for a refund or replacement is not approved, we will return the product to your address at your expense and refuse a refund.
13.7 Warnings about refunds
Reimbursement of payment for an order settled through PayPal includes a deduction of administrative costs charged by PayPal Inc. in the amount of up to 10.00 EUR.
The financial refund on the card depends on the processing time of your bank and can take up to thirty (30) business days. The refund time can vary between individual card issuers, over which the provider has no influence.
We do not cooperate in refunds of import duties and taxes outside the EU. Contact your local office for such refunds. As this option is not available in all countries, we advise you to hire a customs broker for any refunds of duties on returned products.
The provider does its best to ensure the up-to-dateness and correctness of the information published in the webshop. Nevertheless, the characteristics of the goods, the delivery time or the price may change so quickly that the provider fails to correct the data in the webshop. In such a case, the provider will notify the customer of the changes and allow him to withdraw from the contract or replace the ordered item.
The provider is not liable for delay or non-delivery of goods in case of force majeure in accordance with Article 153 of the Obligations Code.
Although the provider strives to provide accurate photographs of the goods, all photographs should be taken as symbolic. Photographs do not guarantee the properties and appearance of the goods.
- Protection of personal data
Under no circumstances will the customer's data be passed on to unauthorized persons. The customer is also responsible for the protection of personal data, especially to ensure the security of his username and password, which he obtains during registration.
- Complaints and dispute resolution
The provider respects the applicable European consumer protection legislation and seeks to fulfil its duty to establish an effective complaint handling system and identify the person with whom, in the event of problems, the customer can connect by e-mail.
The complaint can be submitted via e-mail email@example.com or by regular post on: BENEDETTI LIFE d.o.o., Rožna dolina 2/19, 1000 Ljubljana, Slovenia. The complaint processing procedure is confidential. The provider will confirm within five working days that he have received a complaint, and notify the customer how long it will take to handle it and keep the customer informed about the progress of the procedure. The provider is aware that the essential characteristic of the consumer dispute, at least as far as the judicial solution is concerned, is its disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle, that the consumer does not initiate a dispute in front of a court. Because of that, the provider always strives to do its best to resolve any dispute by mutual consent.
In accordance with Article 32 of the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), the provider does not acknowledge any contractor for out-of-court settlement of consumer disputes as a fee for resolving a consumer dispute.
The provider is engaged in online sales, so on its website publishes an electronic link to the platform for online resolution of consumer disputes (SRPS). The link to SRPS is available online at http://ec.europa.eu/odr.
That arises out of the Out-of-Court Settlement of Consumer Disputes Act (Official Gazette of the RS, No. 81/15), Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- Final provisions
This Terms are compiled in accordance with the legislation of the Republic of Slovenia and are assessed in accordance with the law of the Republic of Slovenia. For all areas that are not explicitly defined in this Terms in the text, the valid legislation of the Republic of Slovenia applies.
This Terms apply to the provider and the customer from the day of their acceptance until their cancellation or change. The provider reserves the right to change the Terms and will publish new or changed Terms on the webshop.