General terms and conditions

COMPANY INFORMATION

The operator of the website: www.lavendea.com (hereinafter: the online store) is LAVENDEA – Mojca Legac, Complementary activity on the farm, Kožljek 5, 1382 Begunje pri Cerknici, registration number: 2747626000, tax number: SI43860168, e-mail: info@lavendea.com (hereinafter: provider or company or seller).

These general terms of business (hereinafter: general terms of business) determine the rights and obligations of users of the online store (hereinafter: users or customers) when using the online store and when ordering and purchasing goods and services available in the online store, and regulate business relationship between customers and provider. According to these general terms and conditions of business, any natural person who is a consumer, as well as a legal or natural person who is not a consumer and has made a purchase in the online store, is understood as a buyer according to these general terms and conditions of business, whereby certain rights specified in these general terms and conditions of business belong only to buyers, who are considered consumers. If individual provisions of these general terms and conditions apply only to consumers, this is also explicitly stated in such provisions. In accordance with the applicable legislation governing consumer protection, only a natural person who acquires or uses goods, services and digital content for purposes outside his professional or gainful activity (hereinafter also: consumer or consumer buyer) is considered a consumer.

These general terms and conditions can be changed or supplemented at any time, so we suggest that customers familiarize themselves with their content before each purchase and print them out or save them on a suitable permanent data carrier of their own. The buyer is bound by the general business conditions that are valid at the time of purchase, i.e. at the time of submitting the online order.

By confirming an individual online order, the user confirms that he is familiar with the applicable general terms and conditions of business and the provider's privacy policy published at www.lavendea.com.

DELIVERY

The prices of products in the online store are listed in euros (€) and already include 9.5% or 22% VAT (value added tax).

The prices are valid at the time of placing the online order and do not have a predetermined validity and may change at any time. The prices do not include delivery or postage costs, these are indicated when calculating the final value of the online order before electronic submission and confirmation of the online order by the customer, and are calculated in accordance with the price list of the contractual partners for the delivery of shipments (GLS d.o.o. and Pošta Slovenije).

The prices are valid in the case of payment with the payment methods listed below, under the conditions listed below. Despite our best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In this case, or in the event that the price of the product changes during the processing of the order, the provider will allow the customer to withdraw from the purchase, while at the same time the provider will try to offer the customer a solution that will be mutually satisfactory.

The sales contract between the provider and the buyer is concluded the moment the provider confirms the order and informs the buyer about it by e-mail. From this moment on, all prices and other conditions are fixed and apply to both the provider and the buyer.

Our contractual partner for the delivery of shipments is GLS d.o.o. and Pošta Slovenije, which deliver shipments to the door of the customer's premises.

Delivery is calculated in accordance with the price list of contractual partners for the delivery of shipments (GLS d.o.o. and Pošta Slovenije). The stated shipping costs apply to domestic traffic within Slovenia and separately to the rest of the EU countries. Delivery of products is possible within the EU.

All orders are shipped within five business days if paid by PayPal or credit card. Orders marked as payment by advance invoice are sent after receiving the transfer of the entire purchase price to TRR. Orders placed during weekends and holidays are shipped the next business day. In the case of products that are specially marked as made to order, the delivery time is extended. The contractual partner for the delivery of shipments is GLS d.o.o. and Pošta Slovenije, but the provider reserves the right to choose another delivery service, if this will enable him to complete the order more efficiently.

PURCHASE

Select the product you want to buy and click on the "Add to basket" button. At the top right of the shopping cart, the quantity and total amount of the ordered products is displayed. If you want to remove, reduce or increase the ordered quantity of a particular product, you will do so in the Basket.

Start the order completion process by clicking on the Basket and the "Checkout" button. The online store guides you through the following steps:

After placing the order, you will receive a summary of the ordered products by e-mail. The customer can cancel the sent order within one hour after placing the order. It is not possible to cancel the order after the prescribed time. All costs incurred after the expiration of the valid cancellation period are covered by the customer of the goods. Information on the status and content of the order is always available to the customer on the provider's website.

The contract for the purchase of the ordered products between the buyer and the provider is irrevocably concluded at this stage, and it is possible to withdraw from the contract in accordance with the provisions of the applicable legislation. By clicking on the "Submit order" button, you confirm that you are familiar with the full text of the sales and payment terms and conditions listed here and that you were explicitly warned of these terms at the time of purchase.

The sales contract is concluded in Slovenian and is stored on the server in electronic form and accessible to the buyer at any time in his user profile (your account). Once concluded, the sales contract binds both the provider and the buyer.

The provider issues an invoice to the customer for the purchase of goods and/or services under the concluded sales contract on a permanent data carrier, with the itemized price of the individual goods and/or services and other costs (e.g. delivery costs).

WITHDRAWAL FROM A DISTANCE CONTRACT - APPLICABLE TO CONSUMERS ONLY

In the case of contracts concluded at a distance, the buyer, who is considered a consumer in accordance with the applicable legislation, has the right to inform the company within 14 days or the seller to withdraw from the contract without having to give a reason for his decision (hereinafter: withdrawal from the contract), as more precisely defined below.

Unless the seller and the consumer have agreed otherwise, the consumer has no right to withdraw from the contract from the previous paragraph in the following contracts:

1. on goods or services, the price of which depends on fluctuations in the markets, which the company has no influence on and which may occur during the withdrawal period from the contract;
2. on goods that are manufactured according to the exact instructions of the consumer and adapted to his personal needs; on goods that are perishable or expire quickly;
3. on goods that are perishable or expire quickly;
4.  the provision of a service that obliges the consumer to pay if the company fulfils the contract in full and the provision of the service began based on the consumer's express prior consent and consent to lose the right to withdraw from the contract when the company fully fulfils it;
5. on the delivery of sealed audio or video clips and computer programs, if the consumer has opened the security seal after delivery
6.  on the supply of newspapers, periodicals or magazines, except for subscription contracts for the supply of such publications;
7. on the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons, if the consumer has opened the seal after delivery;
8. on the delivery of goods which, due to their nature, are inseparably mixed with other items;
9. on the supply of alcoholic beverages, the price of which is agreed at the time of the conclusion of the sales contract and which can be delivered after 30 days, and their actual value depends on market fluctuations over which the company has no influence;
10. concluded at public auctions;
11. in which the consumer has specifically requested a visit to the company's home in order to carry out urgent repairs or maintenance. If, during such a visit, the company performs additional services that the consumer did not explicitly request, or delivers goods that do not represent replacement parts that are absolutely necessary for maintenance or repair, the consumer has the right to withdraw from the contract for the said additional services and goods;
12. about accommodation that is not intended for permanent residence, transport of goods, vehicle rental, food preparation and delivery, or leisure services, in which the company undertakes to fulfill its obligation on a specific date or within a specific period;
13. on the supply of digital content that is not supplied on a physical data carrier, if implementation has begun and, when the contract obliges the consumer to pay, if:
    • the consumer has previously given explicit consent for the start of implementation during the withdrawal period,
    • the consumer has agreed to thereby lose the right to withdraw from the contract, and
    • the company submitted a certificate in accordance with the sixth paragraph of Article 132 or the second paragraph of Article 133 ZVPot-1.

The aforementioned restrictions on withdrawal from the contract from the previous paragraph also apply to any goods and services offered by the seller through the online store, especially in the case of delivery of sealed goods that are not suitable for return due to health or hygiene reasons. If the consumer has opened the seal after delivery, as defined above in point 6 of the previous paragraph. When purchasing goods of this type, the consumer can withdraw from the distance contract only if the delivered products have not yet been opened and used or when the consumer buyer has not yet opened the seal.

The deadline for withdrawing from the contract begins on the day when:

• the consumer or a third party other than the carrier named by the consumer acquires actual possession of the goods,
• pothe consumer or a third party other than the carrier named by the consumer acquires possession of the last piece of goods, if the subject of the contract is several pieces of goods ordered by the consumer in one order, the consumer or a third party other than the carrier named by the consumer acquires possession of the last shipment or piece of goods, if the delivery of goods consists of several shipments or pieces,
• the consumer or a third party other than the carrier named by the consumer acquires actual possession of the first piece of goods if the delivery of the goods is regular during a certain period.

Therefore, it is considered that the consumer has submitted a resignation statement for withdrawal from the contract in time, if, in the case of the purchase of goods, he sends it within 14 days of taking over the goods or digital content, which is delivered on a physical medium that is designated for withdrawal from the contract, and in the case of the purchase of a service or digital content that is not supplied on a physical medium, within 14 days from the date of conclusion of the contract.

In the case of contracts concluded at a distance, in which the consumer has the right to withdraw from the contract, he may, within the above-mentioned period, send an unambiguous message to the seller to the email address info@lavendea.com info@lavendea.com or through some other communication channel, without giving him had to give a reason for their decision. Consumers can also exercise withdrawal from a contract concluded at a distance by submitting a completed contract withdrawal form, which can be downloaded here RS_-2022-139-03419-OB~P002-0000.PDF (uradni-list.si)..

You must return the goods to the seller immediately or at the latest within 14 days after the notification of withdrawal from the contract. You return the goods to the address: Kožljek 5, 1382 Begunje pri Cerknici. As a consumer, in connection with withdrawal from the contract, you only bear the costs of returning goods or digital content that is delivered on a material data carrier. You must return the product undamaged, sent in the original unopened packaging and in the same form and quantity. The user is responsible for the decrease in the value of the goods, if the decrease in value is the result of behaviour that is not absolutely necessary to determine the nature, properties and functioning of the goods.

When exercising the right to withdraw from the contract, the user must also submit a copy of the invoice and personal data, if there is any doubt regarding the right to withdraw from the contract, as well as the transaction account to which he wishes to receive the refund. We will refund all payments received within 14 days of receiving the notice of withdrawal from the contract, whereby we reserve the right to withhold the refund until the returned products are accepted or until the user provides proof that the products have been sent back. The company returns the received payments to the consumer with the same means of payment that the consumer used, unless the consumer has expressly agreed to use another means of payment and the consumer bears no costs as a result. The consumer cannot claim reimbursement of additional costs incurred if he has explicitly decided on a different type of shipment than the most affordable standard shipment offered by the company.

In connection with the return of products in the case of withdrawal from the contract, the buyer-consumer shall cover the costs of returning the goods in accordance with this chapter of the general terms and conditions of business. In case of withdrawal from the contract where a promotional code or gift certificate was used, these funds are considered as a discount and are not returned. Only the paid amount is refunded to your account.

The consumer bears the burden of proof regarding the exercise of the right to withdraw from the contract referred to in this chapter.

METHOD OF PAYMENT

The provider allows the following payment methods:

• Proforma invoice (payment by proforma invoice - transfer to business account). If you decide to pay by proforma invoice, you will receive a proforma invoice by e-mail. When it is fully settled, you will receive the ordered goods. If the proforma invoice is paid in part, the goods remain in the seller's possession until full payment of the purchase price for these goods;
• PayPal (payment via the PayPal system);
• Payment by card (via the Stripe system);
• Payment by card upon personal collection;

DISCLAIMER OF LIABILITY

The provider makes every effort to ensure the up-to-dateness and correctness of the data published on its websites or in the online store. Nevertheless, product features, delivery dates or prices can change so quickly that the provider fails to correct all published data in time. In such a case, the provider will inform the customer about the changes and allow him to withdraw from the order or replace the ordered product.

Although the provider tries to provide accurate photos of the products for sale, all photos should be taken as symbolic. Photos do not guarantee product features.

EXCLUSION OF LIABILITY

We reserve the right to disable the website or online store or disable access to it due to technical or other problems and maintenance, which also means disabling or hindering the use of the online store. In the event of technical problems on the website, we reserve the right to cancel orders that were affected by the technical error. In case of order cancellation, we will notify you as soon as possible and inform you of the next steps. You yourself must ensure adequate equipment protection (antivirus, etc.) before accessing and using the website.

INVOICE ISSUANCE

After receiving the payment for the ordered items, we also send the customer an invoice, in electronic form to the customer's e-mail address. The price and all costs related to the purchase are detailed on the invoice.

MANDATORY GUARANTEE FOR GOODS CONFORMITY AND LIABILITY - APPLIES TO CONSUMERS

The following describes and summarizes the rights and obligations of the consumer and the seller in relation to the mandatory guarantee for the conformity of the goods and irregularities in the provision of the service, as stipulated by the currently applicable Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, as amended; hereinafter: ZVPot-1).

The goods are in accordance with the sales contract, in particular when applicable:

1. corresponds to the description, type, quantity and quality and has the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
2. is suitable for a specific purpose for which the consumer needs it and which the consumer informed the seller no later than when concluding the sales contract, and the seller agreed to this;
3. is supplied complete with all accessories and instructions, including instructions for installation as specified in the sales contract, and
4. is updated as specified in the sales contract.

 (hereinafter all together: subjective requirements for conformity of goods)

In addition to meeting the requirements from the previous paragraph, the goods must also:

1. meet the purposes for which goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, industry codes of practice applicable to the individual sector;
2. be of such quality and correspond to the description of the sample or model that the seller made available to the consumer prior to the conclusion of the sales contract, where appropriate;
3. be supplied together with such accessories, including packaging, installation instructions or other instructions, which the consumer may reasonably expect to receive, where appropriate and
4. be of such quantities and have characteristics and other characteristics, including in relation to durability, functionality, compatibility and safety, as are customary for goods of the same type and which the consumer can reasonably expect given the nature of the goods and subject to any public statement made by advertising or marking by or on behalf of the seller or other persons in the previous links of the contract chain, including the manufacturer, unless the seller proves that:
   • did not know about the public statement and cannot reasonably be expected to know about it,
   • the public statement until the conclusion of the contract of sale has been corrected in the same or comparable manner as it was given or
   • the public statement could not influence the decision to purchase the goods.

  (hereinafter all together: objective requirements for conformity of goods)

When a restriction resulting from a violation of the rights of a third party, in particular intellectual property rights, prevents or limits the use of goods in accordance with 72, 73, 74 and 75 ZVPot-1, the consumer is entitled to warranty claims due to non-conformity of the goods in accordance with this chapter of the general terms and conditions of business, unless another law stipulates the nullity or annulment of the sales contract due to the violation of the rights of third parties.        

The seller is responsible for any non-conformity of the goods that exists at the time of delivery of the goods and that becomes apparent within two years of the delivery of the goods, which, without prejudice to the objective requirements for the conformity of goods with digital elements, also applies to goods with digital elements (hereinafter: warranty period).

If the subject of the sales contract is used goods, the seller and the consumer can agree on a shorter term of the seller's responsibility than was previously defined in the previous two paragraphs of these general terms and conditions, but this term must not be shorter than one year.

The contractual provision cannot limit or exclude the seller's responsibility for the non-conformity of the goods, as defined in the above paragraphs of these general business terms and conditions and in accordance with the applicable legislation in the field of consumer protection. A contractual provision that contradicts the above is void.

It is assumed that the non-conformity of the goods already existed at the time of delivery if it appears within one year of the delivery of the goods, unless the seller proves otherwise or if this assumption is incompatible with the nature of the goods or the nature of the non-conformity.

In case of non-conformity of the goods, the consumer, who has informed the seller about the non-conformity of the goods, is entitled to:

1. requires the seller to establish the conformity of the goods free of charge,
2. requests a reduction of the purchase price in proportion to the non-compliance or withdraws from the sales contract and requests a refund of the amount paid.

The rights from this paragraph of the general terms of business expire within two years from the day the consumer notified the seller about the non-conformity of the goods.

The consumer can withhold the payment of the remaining part of the purchase price or a part of this remaining part of the purchase price until the seller fulfils his obligations from this chapter of the general terms and conditions of business. The consumer exercises this right by making a statement informing the seller of his decision. In any case, the consumer also has the right to demand compensation from the seller for damages, and in particular reimbursement of the costs of materials, spare parts, work, transfer and transportation of goods, which arise as a result of asserting a warranty claim in accordance with this paragraph.  

The consumer may request the seller to restore the conformity of the goods free of charge within a reasonable period from the moment he informs the seller of the non-conformity, which is not longer than 30 days, without significant inconvenience to the consumer, taking into account in particular the nature of the goods and the purpose for which the consumer purchased the goods needs. The specified period may be extended to the shortest time necessary to complete the repair or replacement, but for a maximum of 15 days. The nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement shall be taken into account in determining the extended period. The seller informs the consumer about the number of days for the extension of the deadline and the reasons for its extension before the deadline specified in this paragraph expires. Conformity of the goods is considered to be established free of charge if the seller also bears the payment of the necessary costs incurred in establishing the conformity of the goods, in particular the costs of shipping, transport, labour or materials. In order to establish the conformity of the goods, the consumer can choose between the repair of the goods and the replacement of the goods with new faultless goods, unless:

• the fulfillment of the selected warranty claim is impossible or
• Fulfilment of the chosen warranty claim represents a disproportionate cost to the seller compared to another warranty claim, taking into account all the circumstances.

The circumstances from the second indent of the previous paragraph of these general terms and conditions of business are in particular the value that the goods would have if they were not non-conforming, the importance of the non-conformity and the possibility of providing the consumer with another warranty claim without significant inconvenience.

The seller can reject the consumer's warranty claim for establishing the conformity of the goods if repair and replacement are not possible or if it would cause him disproportionate costs, taking into account all the circumstances, including those from the previous paragraph.

When the repair or replacement of the goods is necessary to establish conformity, the consumer makes the goods available to the seller. When replacement of goods is necessary to establish conformity, the seller takes back the replaced goods at his own expense. When the goods, which were installed in accordance with their nature and purpose before the non-conformity became apparent, must be removed for the purpose of repairing or replacing the goods, the obligation to repair or replace the goods also includes the removal of the non-conforming goods and the installation of the replacement or repaired goods or covering the costs these removals and new installations. The consumer does not have to pay for the normal use of the exchanged goods in the period before the exchange.

The consumer may request a proportional reduction of the purchase price or withdraw from the sales contract in any of the following cases:

• the seller did not repair or replace the goods or, when applicable, did not complete the repair or replace the goods in accordance with this law, or rejected the consumer's warranty claim for establishing the conformity of the goods in accordance with the previous paragraph of this chapter of the general business conditions;
• the non-conformity exists even though the seller has attempted to establish compliance;
• the nature of the non-conformity is so serious that it justifies an immediate proportional reduction of the purchase price or withdrawal from the sales contract, or
• the seller has stated or it is clear from the circumstances that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

Regardless of the previous paragraph of these general business conditions, the consumer may withdraw from the sales contract and request a refund of the amount paid if the non-conformity occurs within less than 30 days of the delivery of the goods. If the consumer requests a proportional reduction in the purchase price, the reduction in the purchase price shall be proportional to the reduction in the value of the goods received by the consumer compared to the value the goods would have had if they had been compliant. Withdrawal from the sales contract is asserted by the consumer with a statement informing the seller of the decision to withdraw from the sales contract. When the non-conformity concerns only part of the goods supplied under the sales contract and there is a reason to withdraw from the sales contract in accordance with this or the previous paragraph of this chapter of the general terms and conditions of business, the consumer may withdraw from the sales contract in relation to these goods and any other goods acquired together with the non-conforming goods, if the consumer cannot reasonably be expected to keep only the conforming goods. When the consumer withdraws from the sales contract, the consumer returns the goods to the seller at the seller's expense. The consumer cannot withdraw from the sales contract if the non-conformity is only insignificant. The seller bears the burden of proof whether the non-conformity is insignificant.

The consumer can exercise his rights from non-conformity if he informs the seller about the non-conformity within two months from the date on which the non-conformity was established. In the notice of non-conformity, the consumer describes the non-conformity in detail. The consumer can notify the seller of non-conformity personally, for which the seller will issue a certificate, or send it to the store where the goods were purchased, or communicate it to the seller's representative with whom he concluded the sales contract. The consumer allows the seller to inspect the goods that the consumer claims are non-conforming.

If the existence of non-conformity of the goods is disputed, the seller shall notify the consumer in writing within eight days of receiving the consumer's warranty claim.

When the consumer withdraws from the sales contract, the seller returns the amount paid to the consumer immediately, but no later than eight days after receiving the goods or proof that the consumer has sent the goods back. When the consumer requests a proportional reduction of the purchase price, the seller returns part of the purchase price within eight days of receiving the request for a proportional reduction of the purchase price.

LIABILITY FOR MATERIAL DEFECTS - APPLIES TO ALL BUYERS WHO ARE NOT CONSIDERED A CONSUMER

In relation to persons who, in accordance with the applicable legislation governing consumer protection, are not considered to be consumers, the manner, conditions and deadlines for asserting claims arising from material errors or irregularities in the service provided, as well as the possibility of withdrawal or . termination of the concluded sales contract, apply the provisions of the legislation in force at the time, which regulates the obligation relationships, and in particular the provisions of the Code of Obligations in force at the time (Official Gazette of the Republic of Slovenia, No. 97/07 – official consolidated text, 64/16 – Sec. US and 20/18 – OROZ631, with amendments; hereinafter: OZ).

LEGAL NOTICE

The online store is owned by Lavendea - Mojca Legac, a complementary activity on the farm, which also manages the online store. The contents published in the online store are the property of the company Lavendea - Mojca Legac, a complementary activity on the farm, and may be used for non-commercial purposes, where they must retain all the copyright notices indicated and therefore may not be copied, reproduced or otherwise disseminated without prior express permission of the company Lavendea - Mojca Legac, supplementary activity on the farm. It may happen that we cannot guarantee the complete accuracy and reliability of all published data. We will take all warnings seriously and immediately correct the published information. We do not assume responsibility for any consequences arising from the use of information published in the online store or from the temporary non-operation of the online store. We reserve the right to make daily changes to content, errors in prices and written text. By using the online store, the visitor, the buyer confirms that he accepts the described conditions and agrees with them.

COMPLAINTS AND DISPUTES

The provider complies with applicable consumer protection legislation. The provider makes every effort to fulfil its duty to establish an effective complaint handling system and to designate a person with whom, in case of problems, the buyer can contact by e-mail. The complaint is submitted via e-mail address: info@lavendea.com. info@lavendea.comThe appeal process is confidential. The provider will confirm that it has received the complaint within five working days at the latest, inform the customer how long it will take to process it and keep him informed throughout the course of the complaint procedure.

In accordance with the applicable legislation, the provider does not recognize any provider of out-of-court resolution of consumer disputes as responsible for the resolution of a consumer dispute that could be initiated by a consumer in connection with purchases made via the online store in accordance with the Act on out-of-court resolution of consumer disputes in force at any time (Official Gazette of the Republic of Slovenia, No. 81/15, as amended; hereinafter: ZIsRPS).

The provider as an operator of an online store engaged in the online sale of goods and services in the territory of the Republic of Slovenia, in accordance with ZIsRPS and Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (hereinafter: the Regulation on online resolution of consumer disputes) publishes below an electronic link to the platform for the online resolution of consumer disputes (SRPS). The platform for the online resolution of consumer disputes (SRPS) is available HERE or at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL    

These general terms and conditions are published and come into force on the day of publication on the website www.lavendea.com.

On Kožljek, on 25/03/2024

LAVENDEA – Mojca Legac, Complementary activity on the farm

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