GENERAL TERMS AND CONDITIONS
bismont.si/trgovina online store (hereinafter also referred to as the “store”) is operated by Bismont d. o. o., Strossmayerjeva ulica 26, 2000 Maribor, Registration Number: 8109273000, VAT Identification Number: SI60435143, also an e-commerce service provider (hereinafter also referred to as the seller or Bismont d.o.o.)
The general terms and conditions set out the operation of bismont.si online store, the rights and obligations of users and the store and regulate the business relationship between Bismont and customers. Moreover, they lay down the rules relating to the purchase at the Bismont d.o.o.’s collection point.
The operator of this online store uses appropriate technological and software tools for the protection of transfer and storage of personal data as well as payments. The online store is secured with an SSL certificate. Secure Sockets Layer (SSL) is a cryptographic protocol providing security over internet communications, e.g. web browsing and e-mail, where there is a need for the transfer of data of a confidential nature (e.g. personal data and credit card numbers).
AVAILABILITY OF INFORMATION
Bismont d.o.o. undertakes to ensure the availability of the following information to customers before they become bound by a contract or a quotation:
– Information about Bismont d.o.o. (company name and head office, company registration number),
– Contact details for fast and effective user communication (e-mail, phone),
– Key properties of products and the validity of this information,
– Availability of items (any item posted online should be available within a reasonable period or time),
– Delivery conditions of goods (and delivery method, place and period),
– Prices shall be stated clearly and unambiguously, with a clear indication of whether they include taxes, shipping costs and other charges, and an indication of the validity of this information,
– Method of payment and delivery or execution, and date of validity of this information,
– Duration of the offer,
– Period in which it is possible to withdraw from the contract, the conditions of withdrawal (explanation of the right of withdrawal in accordance with Article 43č of the ZVPot; in cases where consumers are not entitled to withdraw pursuant to Article 43č of the ZVPot, they shall be expressly informed thereof),
– Complaint procedure, including all relevant information on a contact person or customer service centre.
A contract of sale between Bismont d.o.o. and a customer shall be concluded at the bimont.si/trgovina online store when Bismont d.o.o. sends the customer the first e-mail about the status of the order (i.e. order acknowledgement letter). From that point onward, all the prices and other terms and conditions shall be fixed and binding for Bismont d.o.o. and the customer. A customer is a person in possession of data as indicated at the time of order placement. No subsequent change to the data on the customer is possible.
The contract of sale (i.e. the first e-mail about the status of the order) shall be stored in electronic form on bismont.si server.
Bismont d.o.o. will include the printed invoice for the purchase in the package of the items ordered. The invoice will comprise the price breakdown, all costs relating to the purchase, and a notice of the right of withdrawal from the contract.
The customer is obliged to check the correctness of the information prior to submitting the order. Any subsequent complaints about the correctness of the invoice will be disregarded.
PERSONAL DATA PROTECTION
Bismont d.o.o. undertakes to permanently protect all user personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and the ZVOP-1.
You can access all detailed information on personal data processing on the Personal Settings tab. Users need to be aware that they are obliged to submit to the online seller all their personal data and that such data shall be true and correct. Moreover, users shall notify the online seller of any changes to their data. By accepting these terms and conditions, users confirm that the personal data they indicated is correct.
COMPLAINTS AND DISPUTES
Bismont d.o.o. complies with the applicable consumer protection legislation. Bismont d.o.o. undertakes its best endeavours to meet its obligation to provide an effective complaint handling system.
In the event of problems, customers may contact Bismont d.o.o. by phone (+386 31 821 715) or e-mail (email@example.com). Complaints are to be submitted by e-mail to firstname.lastname@example.org. The complaint handling procedure is confidential.
Bismont d.o.o. is aware that the main feature of consumer disputes is the disproportion between the economic value of the claim and the time needed and costs that may arise in resolving the dispute. This is also the main obstacle that prevents the consumer from taking the dispute to the court. Therefore Bismont d.o.o. shall strive to resolve any dispute amicably.
EXCLUSION OF LIABILITY
The provider assumes no liability for possible consequences of using the online store and its content, including any material or non-material damage. Users shall bear sole responsibility for using the content in the online store to the best of their ability.
Even though the online store is secured with the SSL protocol, there is a risk of abuse of the online store, which is out of the provider’s control. Therefore, the provider excludes its liability in the event of any downloading of malicious software that can be installed on the user’s device used to access the online store. The provider advises the users to properly educate themselves about the risk of malware infection and protect their devices against potential malware downloading.
In spite of the provider’s best effort to ensure accurate and updated information in the online store, there is a risk that due to the multiplicity of products or rapid changes to information, such information on items, delivery terms, prices or any other information may differ from that indicated in the online store or may be incomplete. Users shall be the sole responsible for verifying the information when there is a suspicion that the information is incorrect and incomplete. We reserve the right to change the product information, including any images and all other related information, without prior notice.
The provider shall not be responsible for occasional online store disruptions, any inaccuracy of information in the online store as well as any damage caused as a result of inaccessibility, use or impossibility of using the information in the online store.
If a user has ordered an item having incorrect or incomplete information displayed, the provider shall notify the user thereof and enable the user to withdraw from the purchase. If a user establishes, after placing an order and prior to receiving the item, that the information indicated for the item is wrong, the user shall report the online shop error and the provider shall enable the user to cancel or change the order.
All product images are of illustrative nature. Some properties of an item in the image do not reflect the actual state of items (e.g. size of the item in the image).
The provider shall not be held liable for the content of the online shop user-generated comments. The provider may reject the comments containing blatant falsehoods, misleading facts or offensive language to other users as well as to the provider.
The provider reserves the right to make substantive and other changes to the general terms and conditions any time and in any way whatsoever, irrespective of the reason and without prior notice.
The provider reserves the right to modify the items offered online without prior notice. The provider makes every effort to ensure that the data published on the website is updated and accurate. It may happen, though, that the provider is unable to deliver an item to a customer because the item is sold out and not in stock. Nonetheless, the properties of an item, its delivery term or price may change so quickly that the provider is unable to update the information on the website. In such a case, the provider shall notify customers of changes and enable them to cancel the order or get a replacement for the ordered item.
The provider reserves the right to change these terms and conditions at any time and in any way whatsoever, regardless of the reason and without prior notice.
OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
In accordance with the legal norms, Bismont d.o.o. does not recognise any provider of the out-of-court resolution of consumer disputes as competent to resolve any consumer disputes initiated by consumers in accordance with the Out-of-Court Settlement of Consumer Disputes Act.
Bismont d.o.o., as a provider of goods and services, offering online shopping in the territory of the Republic of Slovenia, displays a link on its website to the online dispute resolution platform for consumer disputes (“SRPS”). The platform is available to the consumers here.
The above arrangement is based on the Out-of-Court Resolution of the Consumer Disputes Act, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
ADDITIONAL INFORMATION ON ONLINE SHOPPING
The customer is bound by the general terms and conditions, which become effective at the moment of the purchase (online order submission). The user is notified of the general terms and conditions before every order submission and confirms his or her familiarity with the terms and conditions by placing the order.
Strossmayerjeva ulica 26, 2000 Maribor