Terms and Conditions
INDYBEAUTY, online sales, d.o.o.
Slomškova ulica 4, 2250 Ptuj
Slovenia
Registration number: 9318666000
Tax ID number: SI 60131314
Register, Registration authority: AJPES
Date of entry in the register: 09.02.2023
VAT payer: YES
Phone number: 070 424 159
E-mail address: info@indybeauty.si
About the company:
INDYBEAUTY d.o.o. engages in online sales of goods and products – primarily cosmetics.
The general terms and conditions of the online store are compiled in accordance with the Consumer Protection Act (ZVPot-1), the Personal Data Protection Act (ZVOP-2), the Electronic Commerce on the Market Act (ZEPT), and the Electronic Communications Act (ZEKom-1).
GENERAL PART
1. General Terms and Conditions
1.1 The general terms and conditions (hereinafter general terms) of INDYBEAUTY d.o.o. (hereinafter the Company) are an integral part of all contracts between the Company and purchasers of products (hereinafter also: customers) who do business with the Company.
1.2 The provisions of these general terms and conditions also apply to all offers, pro forma invoices, preliminary contracts, legal-business statements and other services arising from business dealings between the Company and the customer.
1.3 Use of terms:
- Customer is a natural or legal person who is in a legal business relationship with the Company, regardless of their legal or status form.
- Consumer is any customer who is a natural person and acquires or uses the Company's goods or services for personal purposes or for purposes outside their professional or gainful activity.
- Offer is a singular term for an offer in various forms, a pro forma invoice, or another form of a proposal for concluding a contract, which the Company offers to the customer.
- Contract is a written agreement concluded between the Company and the customer. An offer or pro forma invoice sent by the Company to the customer and accepted or confirmed by the customer is also considered a concluded contract. These general terms and conditions are an integral part of every contract.
- Subject of the contract may be goods, which can include all products from the Company's sales catalog.
- Company's Website and Store is the INDY BEAUTY website at https://indybeauty.si/.
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User is a person who visits or uses the Company's website and store, regardless of registration.
1.4 Regarding the notification of the customer about delivery, conclusion, withdrawal or amendment of the contract, and all other information, the dispatch theory applies. This means that the date on which the Company dispatches the notification via the communication medium is considered the date of notification to the customer.
1.5 The Company informs the customer via email, regular mail, telephone, or other means agreed upon with the customer.
1.6. The Company's working hours are Monday to Friday, from 8:00 AM to 4:00 PM.
2. Application of General Terms and Conditions
2.1 These general terms and conditions are preferential, meaning they entirely replace any missing, different, or conflicting contractual provisions between the Company and the customer.
2.2 These general terms and conditions supersede any general terms and conditions and other documents of the customer, unless the Company explicitly excludes the application of these general terms and conditions in writing.
2.3 These general terms and conditions form an integral part of contracts concluded between the customer and the Company. By signing the contract or by otherwise entering into a contractual relationship, the customer fully agrees with the content of these general terms and conditions and confirms that they are fully familiar with the content of these general terms and conditions.
2.4. These general terms and conditions are accessible at the web link: https://indybeauty.si/pogoji-poslovanja/
2.5. Submitting a valid order in the Company's online store is considered a signature of the contract.
2.6. These general terms and conditions are binding on the consumer only if they were explicitly informed of their existence before concluding the contract, pro forma invoice, preliminary contract, or offer.
3. Changes to General Terms and Conditions
3.1 In case of any changes to the general terms and conditions, the changes become binding on the customer from the day they are informed of them.
3.2. The customer is deemed to be informed of the changes at the moment the change is published on the website [URL link to the website of the change] and upon confirmation of the order submission. By doing so, the customer is deemed to agree with the change to the general terms and conditions.
3.3. A customer who does not agree with a change to the general terms and conditions must submit a written statement of disagreement to the Company within 2 days of receiving notification of the change. If the customer does not communicate their disagreement with the amended terms and conditions within the specified period, they are deemed to agree with the change in full.
3.4. If the customer states that they do not agree with the amended terms and conditions, the Company has the right to withdraw from the contract.
3.5. In the event that these general terms and conditions conflict with other general terms and conditions of the Company, the provision that is more specific to the particular case shall apply.
3.6. The Company and the customer may exclude the application of individual provisions of these general terms and conditions if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.
4. General Provisions
4.1. The customer is obliged to inform the Company of all data and facts important for establishing and continuing the legal business relationship (change of residence or registered office, change of ownership or legal-organizational form, insolvency, etc.).
4.2. The Company collects certain personal data of customers. The types of personal data, the purposes of their processing, and the legal bases for processing are regulated by the document Privacy Policy, which is an integral part of the general terms and conditions. Customers can familiarize themselves with the Privacy Policy on the Company's website https://indybeauty.si/politika-zasebnosti/
4.3. The Company is bound by all statements regarding the characteristics of the goods included in the specific offer or contract.
4.4. The Company reserves the right to change the specifications or information from the previous point without prior notice to the customer. Specifications and information are binding only if specified in the contract.
5. Prices
5.1. Prices displayed on the Company's website may change without prior notice.
5.2. Prices are binding from the moment the Company sends the customer an email confirming the order. In the event that the price information is incorrect or prices change during order processing, the customer has the right to withdraw from the contract.
5.3. Prices in the online store represent final prices, which include value-added tax in accordance with applicable law, but do not include any delivery costs (when personal collection of goods or products is not chosen), which amount to EUR 3.99, with the exception of orders valued at EUR 50.00 or more, for which postage or delivery is free.
6. Payment methods
6.1. The Company allows payment for products and services in the following ways:
- cash on delivery,
- via PayPal,
- with Visa or MasterCard credit card,
- with cash upon personal collection at the Company's registered office.
6.2. The security of personal data and payments is the responsibility of the payment service providers. For all other matters, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
7. Issuance of Invoices
7.1. After successful submission and confirmation of an order, the Company sends the customer an order confirmation and an invoice for the ordered goods in PDF format to the email address provided by the customer during order placement on the Company's website.
7.2. It is the customer's duty to review all order data and specifications before executing the order. Objections subsequently raised regarding irregularities in issued invoices will not be taken into account.
8. Ownership
8.1. Unless otherwise agreed in the contract between the Company and the customer, the Company reserves ownership, copyright, and related rights to all documents required or provided in connection with the conclusion and/or execution of the contract.
9. Business Secret
9.1. Contracts concluded between the Company and the customer are a business secret. Likewise, all information provided by the Company to the customer before the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc., are also a business secret. The customer undertakes to maintain the Company's business secrets throughout the duration of the contractual relationship and for another 5 years after the expiration of the contractual relationship. In case of breach of business secret, the customer is liable for damages and criminally.
10. Limitation of Liability
10.1. Product features, delivery time, or price may change so quickly that the Company cannot update the information in the online store. In this case, the Company will inform the customer of the changes and allow them to withdraw from the order or exchange the ordered goods.
10.2. Photographs do not guarantee the properties of the goods. The Company strives to provide accurate photographs of products for sale, but all photographs should be taken as symbolic.
10.3. The Company reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all 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 further procedures. The customer must, at their own risk, ensure the security of their technical means for accessing the website and the security of usernames and passwords on the website before visiting it.
10.4. The Company reserves the right to withdraw from an order exceptionally in cases where the ordered products are no longer available, if an increased payment risk of the buyer is detected, or if there has been an obvious error in the price list. In all such and similar cases, the customer will be immediately informed of any withdrawal from the contract by the Company.
10.5. The Company reserves the right to withdraw from the contract if a material error is discovered in accordance with Article 46 of the Obligations Code.
11. Handling Complaints and Dispute Resolution
11.1. For the interpretation of these terms of sale or contracts concluded between the Company and the customer, only the law of the Republic of Slovenia applies. The contracting parties undertake to first resolve any disputes peacefully – out of court.
11.2. In accordance with the legal regulations, the Company does not recognize any out-of-court consumer dispute resolution provider as competent for resolving consumer disputes that the consumer might initiate in accordance with the Act on Out-of-Court Consumer Dispute Resolution.
11.3. A provider who, as a provider of goods and services, enables online sales in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for online consumer dispute resolution (ODR). The platform is available to consumers at the web link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
This regulation stems from the Act on Out-of-Court Consumer Dispute Resolution, 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.
11.4. The Company complies with valid consumer protection legislation. The Company ensures an effective and confidential complaint handling system. Complaints must be sent to the email address info@indybeauty.si.
11.5. The Company will confirm receipt to the customer within 5 working days of receiving the complaint and inform the customer about the progress and duration of the complaint procedure.
12. Withdrawal from the contract by the Company
12.1. In case of breach of the contract provisions or these general terms and conditions by the customer, the Company has the right to withdraw from the contract without further notice to the customer. In such a case, the Company will refund any amounts paid to the customer's transaction account.
12.2. The Company also has the right to withdraw from the contract if the customer, who is not a consumer, becomes insolvent or unable to pay, or if their business account has been blocked for more than 15 days, or if a compulsory settlement or bankruptcy procedure has been initiated or merely proposed.
12.3. The Company has the right to withdraw from the contract if the customer does not fulfill their obligations, if the customer provides the Company with untrue information that makes it difficult or impossible to fulfill the contract, and if they do not pay their obligations in accordance with the contract and these general terms and conditions.
13. Opinions, ratings and recommendations
13.1. Customer opinions, ratings, and recommendations are an integral part of the website and are intended for the user community. By submitting an opinion, rating, or recommendation, the user explicitly agrees to the terms of use of their opinion or comment and allows the Company to publish part or all of the text in all electronic and other public communication media.
14. Order Placement Procedure
14.1. In the "shop" section of the website, the user can select the "add to cart" option by clicking. The system then issues a notification of successful addition of the product to the desired goods cart. Once the system records the added product in the cart, the user can view the cart or continue shopping on the website by clicking the appropriate button.
14.2. If the user wishes to remove a particular product or service from the shopping cart, they can access the added products by clicking the "show cart" button and then remove an individual selected product by clicking the "remove item" button. If the user wishes to add new products or services to the cart, they do so by clicking the "Shop" button and repeating the procedure from the previous article.
14.3. After confirming the shopping cart with selected products and services by clicking the "Proceed to checkout" button, the system redirects the user to the customer or orderer's data form. To execute the order, the user must correctly fill in all fields marked with a red asterisk.
14.4. The user has the above-mentioned payment methods available.
14.5. If the user holds a promotional code or coupon from the Company, they can use it and enter it in the appropriate field when placing an order.
14.6. Delivery is possible through the partner company GLS.
14.7. Before placing an order, the user can check and, if necessary, correct all entered order-related data displayed by the system after successful confirmation of all previous stages of the process. The user confirms the order by clicking the "Complete purchase" button, thereby committing to fulfilling the contract and confirming that they are obligated to pay. If the order is successfully placed, the system displays an order number.
14.8. After successfully placing an order, the user receives an order receipt and confirmation email to their email address.
14.9. To verify the user's provided data and the accuracy of the order, the Company may contact the user at their phone number or email address.
15. Delivery Conditions
15.1. For orders (within the territory of the Republic of Slovenia) the delivery cost is EUR 3.90, with the exception of orders valued at EUR 50.00 or more, for which postage or delivery is free.
15.2. Delivery is possible in the Republic of Slovenia and to selected European Union countries or other countries listed in the order placement process in the online store.
15.3. Ordered goods for which the order was placed on a working day by 2 p.m. will be dispatched on the same day or within 4 working days at the latest. Ordered goods for which the order was placed on a non-working day or holiday will be dispatched on the next working day or within 4 working days at the latest. Products for which a longer delivery time is explicitly stated on the website will be delivered within that timeframe.
15.4. In the event that the Company is unable to dispatch the goods within the promised timeframe due to unforeseen reasons, it will inform the customer of the new delivery timeframe via the provided contact information.
15.5. The Company is in no event responsible for non-delivery of goods for reasons beyond its control.
15.6. In the event that the customer does not receive the ordered goods within the agreed period, they must call upon the Company to fulfill its obligation and set an additional period for fulfillment. If the Company does not deliver or fulfill its obligation within the additional period, the customer may withdraw from the concluded contract and demand a refund of amounts already paid for the purchase of goods.
15.7. The Company is not responsible for delay or non-delivery of goods in case of force majeure in accordance with Article 153 of the Obligations Code.
16. Acceptance of Goods
16.1. The customer is obliged to take delivery of the subject of the contract within 14 days of receiving a written request from the Company at the latest.
16.2. In case of delivery of goods via partner delivery services, the customer is obliged to accept the goods in accordance with the terms and conditions of the delivery service.
17. Coupons and Promotional Codes
17.1. The Company's coupon has the nature of a gift card. Each coupon is marked with a unique serial number, and the Company, as the issuer of the coupon, is obliged to accept it as a means of payment within its online store.
17.2. The coupon is redeemable within 6 months from its issue date, except in cases where a different redemption period is explicitly stated on the coupon. The coupon is redeemable only in full, and the order value must be higher than or equal to the coupon value. If the order value is higher than the coupon value, the user must pay the difference up to the full order value.
17.3. It is not possible to exchange the coupon for cash.
17.4. The coupon can be used during the order placement process on the website. After fulfilling the other conditions for placing an order, the user can enter the unique eight-digit serial number of the coupon in the coupon field and confirm by clicking the "redeem coupon" button. The system automatically deducts the value of the coupon from the value of the order that the user wishes to place.
17.5. Within a single order placement process, multiple coupons and a maximum of one promotional code can be used.
17.6. The Company's promotional code offers numerous benefits for shopping within the online store (small gifts with purchase, discounts, etc.). The promotional code may be found in various advertisements, Company emails, social networks, and other media carriers.
17.7. The usability of the promotional code is time-limited; the code can only be used within the time period specified for each code.
17.8. The user can enter and confirm the code in the promotional code field during the order placement process. Once the code is successfully confirmed, the discount value derived from it (if the promotional code allows a discount) is automatically deducted from the order value, and the user must pay the difference up to the total order value.
17.9. Only one promotional code can be used at a time within a single order placement process.
18. Consumer Rights and Obligations - Right of Withdrawal from the Contract by the Consumer
18.1. In accordance with the Consumer Protection Act (ZVPot-1), the consumer has the right to notify the Company within 14 days of receiving the goods that they are withdrawing from the contract, without having to state a reason for their decision. The deadline begins one day after the date of receipt of the goods.
18.2. Unless the Consumer and the Company have agreed otherwise, the consumer does not have the right to withdraw from the contract within 14 days, as stipulated by this article of the general terms and conditions, for contracts concerning the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons, if the consumer has unsealed them after delivery or if there is a justified suspicion that the seal has been opened (for example: any cosmetic products that are sealed, after being opened, especially after any use or testing, are no longer suitable for return for hygienic and health reasons).
18.3. The consumer shall communicate the withdrawal from the contract to the seller's email address info@indybeauty.si or by other means provided by the Company's contact information, or by using the form appended to these general terms and conditions. The consumer must state their intention to withdraw from the contract clearly and unambiguously.
18.4. In case of withdrawal from the contract, the consumer shall either return the received goods or send them to the Company's address (Slomškova ulica 4, 2250 Ptuj). The buyer must return the goods to the company within 14 days at the latest after notifying the Company of the withdrawal from the order.
18.5. The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods. The consumer must return the product in its original packaging.
18.6. If the consumer withdraws from the contract, the Company shall refund all payments received without undue delay, using the same means of payment as used by the consumer in the original transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such refund.
18.7. The consumer shall state their personal data (full name and contact information) along with the statement of withdrawal. The Company shall refund the purchase price and all other payments within 14 days at the latest after receiving the notification of withdrawal, but the Company may withhold the refund until it has received the returned goods or until the consumer provides proof that they have actually sent the goods.
18.8. The only cost borne by the consumer in connection with the withdrawal from the contract is the cost of returning the goods.
18.9. The consumer also does not have the right to withdraw from the order in other cases specified in Article 135 of the Consumer Protection Act (ZVPot-1).
18.10. In the event that a coupon was used for the payment of an order (or part of the order value), in case of withdrawal from the contract, the consumer will receive a coupon of the same value as the original coupon at the time of placing the order.
18.11. In the event that a promotional discount code was used when placing the order, in case of withdrawal from the contract, the consumer will receive the discount in the form of a new promotional code.
19. Responsibility for product conformity
19.1. The Company is responsible for the conformity of the goods or products, and is responsible for non-conformities that the goods had at the time of delivery.
19.2. Goods are in conformity with the sales contract, in particular, when they:
- comply with the description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics as required by the sales contract;
- are suitable for the particular purpose for which the consumer requires them and of which the consumer informed the seller at the latest at the time of concluding the sales contract, and the seller has agreed to this;
- are supplied with all accessories and instructions, including installation instructions, as stipulated in the sales contract, and
- are updated as stipulated in the sales contract.
19.3. Regarding rights and obligations arising from non-conformity of goods, the provisions of the Consumer Protection Act (ZVPot-1), Article 71 and subsequent articles, shall apply.
These general terms and conditions of the Company are valid from February 29, 2024.02.2024 until their revocation or until the adoption of new general sales terms and conditions of INDYBEAUTY d.o.o.
