Terms and conditions of use
Prices displayed on the Company's website are subject to change without notice. The company will give the final price to the customer before the contract is concluded or the offer becomes binding on the customer. If the final price cannot be calculated in advance due to the nature of the goods or services, the Company will inform the Customer how the final price will be calculated.
In the case of an open-ended contract, the final price to be quoted by the Company to the Customer will include the total costs for each billing period.Prices are binding from the moment the Company sends the Customer an e-mail confirming the order. If the price information is incorrect or if prices change during the processing of the order, the customer has the right to withdraw from the contract.
The prices quoted at the time the product is placed in the shopping cart will apply, but for no longer than 15 days, which is also the maximum time between placing the product in the shopping cart and order confirmation ("reserved price"). The Seller reserves the right to shorten the reserved price period in the case of special offers, new product launches or promotional campaigns, which shall be indicated in the promotional price of each product. Before the expiry of the reserved price time, the online shop system sends an automatic message to the registered user's e-mail address or GSM number informing him/her of the imminent expiry of the reserved price of each product he/she has added to his/her basket.
The contract between the Company and the Customer is stored electronically in a database and stored on the Company's server after the successful order placement and confirmation. The contract shall be made available to the party upon written request.
In the case of delivery of the Products, the standard packaging is included in the price of the Product and additional transport packaging and transport costs shall be charged additionally by the Company at the price set out in the Company's price list or at a price agreed between the Company and the Customer.
The Company shall send the invoice for the goods or services ordered to the Customer in the form of a PDF document to the email address provided by the Customer when placing the order on the Company's website. At the customer's request, recorded under the notes when placing the order, the Company shall attach a hard copy of the invoice to the products ordered.
It is the customer's responsibility to review all information and specifications of the order before execution. Objections made subsequently concerning irregularities in the invoices issued are not relevant.
Limitation of liability
The company makes every effort to ensure the accuracy of the information published in the online shop. Product features, delivery times or prices may change so quickly that the Company is unable to correct the information in the online shop. In this case, the Company will inform the Customer of the changes and give the Customer the opportunity to cancel the order or exchange the goods ordered.
Photographs do not guarantee the characteristics of the goods. The Company endeavours to provide accurate photographs of the products sold, but all photographs should be taken as symbolic.The company reserves the right to temporarily disable access to the website in the event of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel any orders placed during the period of technical problems. In such cases, the Company will immediately inform the Customer of the technical problems and provide instructions on how to proceed. Before visiting the Company's website, the Customer must ensure, at the Customer's own risk, the security of its technical means of access to the website and the security of the usernames and passwords on the website.
The Company reserves the right to withdraw from the execution of an order, exceptionally, in cases where the products ordered are no longer deliverable, where the Buyer's payment risk has increased, or where there is a manifest error in the price list. In all such and similar cases, the Customer will be informed immediately of any withdrawal from the Contract by the Company.The company reserves the right to withdraw from the contract if a material mistake is established in accordance with Article 46 of the Civil Code. A material mistake is a mistake as to the essential nature of the goods and all mistakes which, according to the custom of the trade or the intention of the parties, are considered to be material, and the Company will not enter into a contract if it is aware of them. This includes obvious price mistakes.
Handling complaints and resolving disputes
The law of the Republic of Slovenia shall apply exclusively to the interpretation of these Terms and Conditions of Sale or any contract concluded between the Company and the Customer. The Parties undertake to settle all disputes amicably, and in the event that all out-of-court means of reaching an agreement have been exhausted, the competent court for the settlement of the dispute shall be the local court in the Republic of Slovenia, in accordance with the Company's registered office.
According to the statutory regime, the Company does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a consumer may bring under the Act on the Out-of-Court Settlement of Consumer Disputes.
A provider that, as a provider of goods and services, offers online trade in the territory of the Republic of Slovenia shall publish on its website an electronic link to the Online Consumer Dispute Resolution Platform (ODRP). The platform is available to consumers at the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
These rules are based on the Law on Out-of-Court Settlement of Consumer Disputes, 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 2016/2004 and Directive 2009/22/EC.
The company complies with applicable consumer protection legislation. The company provides an effective and confidential complaints handling system. The complaint should be sent to info@divinechi. si .
The company will acknowledge receipt of the complaint to the customer within 5 working days of receipt and inform the customer of the progress and duration of the complaint procedure.
Liability for errors of fact and law
The company is liable for material defects in the goods at the time when the risk of accidental destruction or damage passed to the customer. This moment is usually when the goods are taken over.
The error is factual:
- if the item does not have the characteristics necessary for its normal use or circulation;
- if the item does not have the characteristics necessary for the particular use for which the buyer is buying it, which were known or should have been known to the seller;
- if the object lacks the qualities and characteristics that were expressly or tacitly agreed or prescribed;
- if the seller has handed over an item that does not match the sample or model, unless the sample or model was shown only for information.
The Customer shall inspect the subject-matter of the Contract immediately or as soon as possible, identify any defects and record them. Otherwise, the Company shall disregard material defects which are not hidden and which were known or should have been known when the subject-matter of the contract was inspected.
The Customer is obliged to notify the Company of obvious material defects immediately or at the latest within eight days after due inspection, and of hidden material defects immediately or at the latest within eight days after discovery, failing which the Customer shall not be entitled to have the material defect rectified.
The consumer is obliged to notify the Company of the material defect within two months of the date on which the material defect was discovered.
After notifying the Company of a material defect, the Consumer must allow the Company to inspect the goods and describe the defect in more detail in the material defect notification.
Insignificant clerical errors are disregarded by the Company.
If the Company establishes the existence of a material defect in accordance with the timely and correct notification of the Consumer, the Consumer shall have the right, in respect of the goods, to require the Company to:
- correcting the fault, or
- reimbursement of a proportion of the amount paid in proportion to the defect; or
- replacing defective goods with new, faultless goods; or
- reimbursement of the amount paid.
In any event, the consumer shall also have the right to claim damages from the seller, in particular for the costs of materials, spare parts, labour, transfer and transport of the products incurred as a result of the fulfilment of the obligation referred to in the preceding paragraph.