General Terms and Conditions

Last updated: 10/05/2018

Purposes of processing and legal basis

We collect information so that we can provide better services to our users, including providing customer support, responding to inquiries, improving the user experience on our websites more comprehensively, automatically adjusting the display to the perceived hardware, providing content that you find interesting and relevant, including advertising and marketing messages, measuring and improving the Company’s services. In order to provide you with content that is more interesting or relevant to you, we use data collected from or about you to predict or infer what areas are of interest to you. The data is also collected for the purpose of implementing the contract with each user (product purchaser).

VIBEIT processes personal data on the basis of the consent of the data subject. The Controller obtains data that is not necessary for the performance of the contract (cookies, contact data to be used for targeted advertising) and data that is necessary for the performance of the contract (personal data required and necessary for the execution of the order and the distribution of the products ordered; which may include, but is not limited to: name and surname, address, payment method data). If the individual does not wish to provide the data necessary for the performance of the contract, VIBEIT cannot guarantee its performance and the execution of orders, or the individual will not be able to order products via the VIBEIT website or the integrated online sales platform. This will not affect the ability of an individual to visit the VIBEIT website or the integrated online sales platform.

Categories of users

Visitors: are persons who visit the website or the integrated online sales platform without providing personal data, with the exception of cookies;

Registered Users: users of the Controller’s services who, in order to set up a user profile via the website or the integrated online sales platform, provide personal data necessary for the performance of the contract at the time of each order and which are processed for the purpose of targeted advertising;

One-time customers: users of the Controller’s services who provide the personal data necessary for the performance of the contract only at the time of each order, without the purpose of setting up a user profile, and data processed for the purpose of targeted advertising.

External processors of personal data and possible transfer of data to third countries

In addition to the controller and its employees, personal data may also be processed on its behalf and on its behalf by processors, such as companies providing technical support for the processing of personal data, such as developers and maintainers of computer applications, websites and IT services, developers and deployers of software solutions, and developers and executors of your orders, engaged by the controller to provide services necessary for the performance of contracts, such as, for example, printers, delivery services, point of sale operators, carriers of goods to consumers’ addresses, marketing, research and analytics companies, external marketing agencies and event organisers, agents of the controller for the performance of contracts, including collection and any legal proceedings.

Some organisations or. the companies to whom we may disclose your personal data as our processors may be based outside the European Union, in countries that may not have laws that protect the right to the protection of personal data in the same way as in the European Union or. Slovenia. In the event that your personal data is transferred to third countries (outside the EU and EEA), we will ensure that appropriate measures are in place and implemented to safeguard the security of personal data and the fundamental rights and freedoms of individuals, in accordance with applicable national and EU regulations and the controller’s privacy policy, by using the mechanisms provided for, such as binding corporate rules, standard contractual clauses, etc.

Retention period of personal data

VIBEIT will process personal data to the extent necessary for the purposes of the processing and for as long as necessary for the achievement of the objective pursued, or, if obtained on the basis of consent, until revocation.

Personal data shall thus be processed until the purpose has been fulfilled or within the limitation periods for the obligations which may arise from the processing of such personal data, in particular where the processing of personal data is necessary for the conclusion or performance of a contract, except where the retention period is prescribed by law. In the latter cases, VIBEIT shall store the data in accordance with the legal requirement.

Rights of individuals

By sending a written request to VIBEIT or by sending a request to [email protected], an individual may at any time request access, amendment, correction, blocking or. restrict processing or erase personal data, object to the processing of data concerning him or her and request data portability.

The data subject may withdraw the consent given to the processing of personal data at any time, permanently or temporarily, in whole or in part, by submitting a written request to VIBEIT or by sending a request to the following address: [email protected],. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until its withdrawal.

Right of appeal

An individual has the right to lodge a complaint with the Information Commissioner of the Republic of Slovenia if he or she considers that his or her personal data are being stored or otherwise processed in breach of the applicable regulations governing the protection of personal data.

Last updated: 26/03/2017

The website hosted on the domains www.brandvibes.si (in all future references to the website in these General Terms and Conditions, the reference to Brandvibes shall be understood to mean the website hosted on all the aforementioned domains) is operated by VIBEIT, Web Sales and Distribution, d.o.o. (abbreviated name: VIBEIT, d.o.o.), Flegeričeva ulica 2, 2250 Ptuj, registered no.: VIBEIT, d.o.o., Flegeričeva ulica 2, 2250 Ptuj, registered no. 7254750000, tax no. SI 17633109. VIBEIT, d.o.o. will, in accordance with Article 5. under Article 4 of the Law on Electronic Commerce in the Market, provide access to the mandatory information on the “About us” page.

The General Terms and Conditions apply to all visitors to the Brandvibes website and the integrated sales platform of VIBEIT, d.o.o. on other websites where this platform operates on the basis of an agreement between the subscriber of the services of VIBEIT, d.o.o. and VIBEIT, d.o.o. (the integrated online sales platform), with regard to, but not excluding, the role of the website visitor. The user shall be deemed to have accepted the General Terms and Conditions each time he/she visits and uses the Brandvibes website or the integrated online sales platform. Such consent is irrevocable and a manifestation of the true will of the users and visitors of the Brandvibes website or the integrated online sales platform.

VIBEIT, d.o.o. in all relationships arising through the Brandvibes website or the integrated online sales platform acts only as an intermediary and order executor between the subscribers of its services and the purchasers of goods or products made available to the purchasers on the basis of the orders placed by the subscribers of its services. At no point or in no relationship does VIBEIT, d.o.o. act as the owner of the goods or products made available to customers via the Brandvibes website or the integrated online sales platform.

Changes to the Terms and Conditions

VIBEIT, d.o.o. reserves the right to change the General Terms and Conditions. If the terms and conditions are amended, service users will be informed accordingly via standard electronic communication channels and/or by means of a notice on the website. Your continued use of the Brandvibes website and the services offered on this site will be deemed to be your acceptance of the amended terms and conditions. Only the General Terms and Conditions currently in force will be available on the website, and the user of the Brandvibes website may request that the terms and conditions in force at the time the contract was concluded be forwarded.

Merchants

The Buyer is a natural or legal person who has successfully made a purchase through the Brandvibes website or the integrated online sales platform operated by VIBEIT, d.o.o..

Types of users

Customers and visitors to the Brandvibes website or the integrated online sales platform may use the Services as registered users or visitor users.

Users become registered by registering for a user account via an online form, for which users will be required to prove their identity by providing the required information (email address, first and last name, permanent address) and selecting their own password to log in to their user account. Registered users are responsible for the security of their password and for ensuring that it is not accessible to third parties. VIBEIT, d.o.o. shall not be held liable for the disclosure of passwords to third parties resulting from the conduct of users.

Visiting users do not need to register an account to use the services of the Brandvibes website or the integrated online sales platform. Before completing the purchase, they must provide VIBEIT, d.o.o. with the information necessary for the purchase and delivery of the goods or products via the order form.

Contract award procedure and possibilities for identifying and correcting errors before the contract is awarded

The Contract shall be deemed to have been concluded upon the completion and confirmation of the order of the Product via the Brandvibes website or via the integrated platform for making purchases on other websites operated by VIBEIT, d.o.o..

Conclusion procedure:

• for each product, the customer selects the number of pieces to be ordered and any other characteristics offered (colour, size, etc.),
• the customer confirms his/her selection by clicking on the “add to basket” button for each product,
• continue with the purchase by clicking on the shopping trolley icon, where you can review the product you have ordered, its price and set or change the number of items you have ordered,
• Clicking on the checkout button displays a comprehensive overview of the product ordered, where the customer has options:
  • an overview of the product they want to order, its price, the number of items ordered, the total price of the products ordered, and the cost of VAT charged;
  • delete the product from your basket (which completes the purchase process;
  • entering a voucher code for sales promotions;
  • calculating and choosing the delivery of the product;
• the customer enters and reviews the personal and delivery data entered (in the case of a registered user, the data is imported automatically);
• the customer chooses the method of payment;
• a summary of the order will be displayed;
• the order is confirmed;
• the customer receives a confirmation of the confirmed invoice in the mail, together with a notice of the possibility to exercise the right in accordance with Article 43c of the VAT Act.

Consumer protection

The provisions of this chapter apply only to customers who meet the definition of a consumer under applicable law.

The consumer has the right to notify VIBEIT, d.o.o. within 14 days of acquiring possession of the goods that he/she withdraws from the contract (purchase) without having to give a reason for his/her decision. The consumer shall notify VIBEIT, d.o.o. of the exercise of the right of withdrawal by means of an unambiguous and clear statement of withdrawal, through the standard communication channels (e-mail, ordinary mail), the addresses of which are published on the Brandvibes website .

The consumer must return the goods which were the subject of the purchase from which he/she withdraws immediately or, at the latest, within 14 days after the declaration of withdrawal, to VIBEIT, d.o.o., which will refund the payment received within 14 days after receipt of the returned goods. The cost of returning the goods is explicitly borne by the consumer.

If the consumer withdraws from the purchase, he/she is entitled to a full refund of the purchase price for the goods, the cost of the most advantageous method of delivery of the goods and any other costs of processing the order. Costs representing the difference between the most cost-effective method and any other delivery method offered by VIBEIT, d.o.o..

The consumer shall be liable for any diminution in the value of the goods if that diminution is the result of conduct which is not strictly necessary to establish the nature, characteristics and functioning of the goods.

For more detailed information on the exercise of the consumer’s right of withdrawal and the effects of withdrawal, please refer to Annex 1 of these General Terms and Conditions.

Mandatory information before concluding a contract

VIBEIT, d.o.o. will provide the following information prior to the conclusion of a contract with the consumer (purchase)  spletne strani Brandvibes viathe Brandvibes websiteor the integrated online sales platform:

• the main characteristics of the goods will be given graphically and in writing in the product description itself;
• information on the company’s name, registered office, business address is available here;
• the final price of the goods, including taxes, will be presented to the buyer in the product description itself and during the order fulfilment process;
• additional transport, delivery or shipping costs will be communicated to the consumer before the order is placed and after the goods have been selected for purchase. The costs depend on the size and weight of the package and the chosen delivery service provider, which is selected by VIBET, d.o.o. at its sole discretion. Any additional costs for transport, delivery or goods that may arise from the behaviour of the delivery service or the consumer himself are the responsibility of the consumer;
• the consumer has been provided with the payment terms (if any), payment methods, and any restrictions or special features of the delivery or payment method and options supported by the Brandvibes website or the integrated online sales platform at the time of purchase, before payment;
• the complaints procedure, which are available to the consumer in the “COMPLAINTS AND COMPLAINTS” section of these General Terms and Conditions;
• VIBEIT, d.o.o, shall be liable to consumers for material defects in accordance with the legislation in force at the time, and the consumer expressly agrees that the differences between the goods presented and the goods received, as described in the section “DEFECTED PRODUCTS AS A RESULT OF THE PRESS AND THEIR PROCESSING DURING THE SALES PROCESS (UNTIL THE PRODUCT IS DELIVERED TO THE DELIVERY SERVICE)” of these General Terms and Conditions of Business, do not constitute or constitute material defects;
• VIBEIT, d.o.o.’s after-sales services relate solely to the support of consumers in the event of any complaints or claims regarding a purchase that has already been made;
• access to digital content via The Brandvibes website or the integrated online sales platform is available to consumers through all the typical digital communication technologies and applications that are commonly used and known for accessing online sales providers. VIBEIT, d.o.o. shall not be liable to the Consumer for any inability to access the content and goods offered in this way, which the Consumer expressly agrees to;
• the costs associated with the use of a means of communication to access VIBEIT, d.o.o.’s services depend on the tariff of each ISP with which the consumer has a contract and, as such, are not dependent on VIBEIT, d.o.o.;
• The options for out-of-court dispute resolution are available to the consumer in the “OUT-OF-COURT DISPUTE RESOLUTION” section of these General Terms and Conditions.,

Payment methods and buyer’s responsibility for valid data

The purchase of goods via the Brandvibes website or the integrated online sales platform is possible with all payment means and payment methods supported by the point of sale at the time of purchase. The Buyer is responsible for the correctness of the information required for the payment.

Commercial viability

Natural persons may only act as buyers on the Brandvibes  website on another website with integration of the Brandvibes online sales platform if they have the legal capacity required by the applicable law for the conclusion of transactions of a small value that do not significantly affect the buyer’s financial situation.

Intellectual property

The owners of the motifs printed on the products offered are exclusively the subscribers of the services of VIBEIT, d.o.o.. VIBEIT, d.o.o. shall not be held liable for any infringements or attempted infringements of copyright, trademark, patent, licence and any other forms of intellectual and industrial property rights. VIBEIT, d.o.o. shall at all times strive to ensure that all of the rights listed above are protected and that they are not infringed. Nevertheless, it may happen that subscribers of VIBEIT, d.o.o. services violate or attempt to violate the rights listed above. In such cases, VIBEIT, d.o.o. will initiate internal control procedures and appropriate sanctioning of the principals. If you believe that any of these rights has been or may be infringed, you can contact us at [email protected].

Responsibility for content

VIBEIT, d.o.o. shall not be held liable for any motifs printed on the products offered which may constitute a violation of the personal inviolability and other rights of an individual or of certain groups of persons.

Liability for damages and criminal liability in the event of malware

VIBEIT, d.o.o. endeavours and takes appropriate technical measures to ensure the integrity of the software through which users of its services and purchasers of individual products on the Brandvibes website or the integrated sales platform on other websites contact and make purchases with  . If, despite the efforts of VIBEIT, d.o.o., users of its services or purchasers of its products acquire malicious software, VIBEIT, d.o.o. shall not be liable for any damages arising therefrom, which is expressly agreed to by visitors to the Brandvibes website or the integration of the sales platform on other websites. Visitors undertake to ensure that they use appropriate technical and software protection of hardware and software when and before using the Brandvibes website or the integrated online sales platform on other websites.

Delivery

VIBEIT, d.o.o. reserves the express right to choose the delivery service for the delivery of products sold via the Brandvibes website or the integrated online sales platform on other websites at its sole discretion.

Delivery costs are charged to the Buyer and will be invoiced together with payment for the Products. The amount of the delivery charge is communicated to the customer before the order is placed and confirmed.

The Buyer will be informed of the estimated delivery date together with the forwarded order acknowledgement. The estimated delivery time is for information purposes only and does not bind VIBEIT, d.o.o., nor will VIBEIT, d.o.o. be liable for cases where the estimated delivery time is exceeded, whether for reasons of force majeure or any other reason to which the Buyer expressly agrees.

VIBEIT, d.o.o. shall not be liable for any damage to the products resulting from or during delivery. All claims under this heading must be addressed directly by the Buyer to the delivery service that delivered the individual product.

Damaged products as a result of printing and processing in the sales process (until the product is handed over to the delivery service)

VIBEIT, d.o.o. has appropriate procedures in place for the quality control of its products, which it offers through Brandvibes website or integrated online sales platforms on other sites, and strives for the highest possible level of print quality for the technology it uses. If the Buyer considers that there has been an error in the printing process to such an extent that it affects the final appearance of the product received, the Buyer may notify VIBEIT, d.o.o. together with a picture of the product received, which will, if necessary, replace the product after assessing the validity of the Buyer’s allegations (for more information, see the section “COMPLAINTS AND CLAIMS”).

Any discrepancies between the colour or colours of the motif displayed via the Brandvibes website shall not be considered a printing error. or integrated online sales platform on other sites and the colour or colours on the product received, which are derived from the different software, technical features and capabilities of the devices used to display the online content, to which the Customer expressly agrees.

Exclusion of liability of the company for the conduct of its employees, contractors, agents

Visitors to the Brandvibes website and the integrated online sales platform on other sites waive all claims for damages against VIBEIT, d.o.o. for damages arising from the actions of its representatives, employees or contractors. The waiver of claims under this provision shall not apply to damages for which the Company is liable under applicable law.

Complaints and complaints

VIBEIT, d.o.o. is committed to providing services of the highest quality and to the satisfaction of both customers and clients of its services, and will therefore deal with all complaints and claims in a professional manner and as quickly as possible.

Customers, potential customers or visitors to the Brandvibes website or the integrated online sales platform may address any complaints, complaints and suggestions for improvement to VIBEIT, d.o.o. by e-mail to [email protected] or by written mail to the physical address of the company.

VIBEIT, d.o.o. reserves the right not to respond to complaints or complaints that are manifestly unfounded or made with the intention of hindering the company’s business or with the sole intention of defaming its name and, in the latter case, informs customers, potential customers or visitors to the website that it will inform the competent authorities of such conduct and claim compensation for any damage incurred in this respect.

Complaints and complaints about the content or design of goods or products sold

VIBEIT, d.o.o. acts exclusively on the orders of the subscribers of its services and shall not be liable for any defects, alleged damages or damages arising from the sale of goods or products with content for the production of which it receives orders. Notwithstanding the foregoing, VIBEIT, d.o.o. is authorised by its customers to resolve any disputes between customers and customers and will therefore endeavour to resolve any disputes that may arise from the purchase of goods and products through the Brandvibes website in a professional, procedurally expeditious and economical manner. or integrated online sales platforms. If, despite the intervention of VIBEIT, d.o.o., it is not possible to resolve the dispute between the subscribers of the Company’s services and the Customer, the Company will provide the Customer with the details of its subscriber to whom the complaint or grievance relates. After the Customer’s details have been provided, the Customer may only address the Customer in relation to the dispute in question.

Out-of-court dispute resolution

VIBEIT, d.o.o., in accordance with the Act on the Out-of-Court Settlement of Consumer Disputes, does not agree to any form of out-of-court settlement of disputes with consumers arising or likely to arise from the use of services and the purchase of products offered through its website or through integration with other online providers of services or products, nor does it recognise any provider of out-of-court settlement of consumer disputes as having jurisdiction over disputes with customers who have the nature of a consumer.

You can find a link to the online consumer dispute resolution platform here.

Salvator clause

If any provision of these General Terms and Conditions is found by a court to be invalid, such finding of invalidity shall not affect the validity of the remaining provisions. Failure by either party to exercise the rights set out in the Terms shall not be deemed to be a waiver or forfeiture of those rights.

Jurisdiction of courts and dispute settlement

For all disputes arising out of the relationship of purchase or offer of products through the Brandvibes website or integrated online sales platforms on other sites, VIBEIT, d.o.o. and the visitors and customers undertake to resolve them amicably and to take into account the economy and efficiency of the individual dispute resolution procedures.

Disputes that could be settled by judicial proceedings shall be subject to the jurisdiction of the court having jurisdiction over the registered office of VIBEIT, d.o.o..