Terms and conditions of use

Terms and conditions of sale

Welcome to our website. Please read our terms and conditions carefully. Your use of the damiana.design website and purchase of our products on it means that you agree to the following terms and conditions.

www.damiana.design is an online store managed by the provider of e-commerce services ATELJE DA-DA d.o.o., Nova Gorica, hereinafter referred to as the Provider. Upon registering in the system of the ATELJE DA-DA d.o.o., Nova Gorica online shop, a visitor shall obtain a username identical to their e-mail address and a password. The username and password unambiguously distinguish each user and link them to the entered data. Upon registration a visitor becomes a User. A visitor (legal entity or natural person) who is not registered and makes a purchase shall also be considered a User.

ACCESS TO INFORMATION

The Provider undertakes to comply with the Slovenian Electronic Commerce Market Act (ZEPT) and provide to the User the following information at all times: data on the company and its registered office; valid e-mail address where it is available; company registration number; tax number; information on the permits that do not concern specifically and exclusively the service of the information company or must be obtained in compliance with other regulations and from authorized institutions; information about the prices of products and the information whether tax is included in the price; costs of delivery and other applicable taxes.

In compliance with the Slovenian Consumer Protection Act (ZVPot) the Provider undertakes to offer to the User access to the following information at all times: essential properties of the goods or services, including the shortest term of contract if the subject matter of the contract is permanent or recurrent implementation; the price of goods or services, including all taxes and other fees; costs of delivery; detailed information on the payment, payment method and delivery or execution deadlines; period of offer validity; description of the right to withdraw from the contract pursuant to the Slovenian Consumer Protection Act (ZVPot); if the consumer does not enjoy the right to withdraw from the contract, they must be expressly notified thereof.

PAYMENT METHODS

• PayPal account holders can pay for the ordered goods with the funds in their account.
• Credit card holders can pay for the ordered goods with the funds in their account.
• Payment to the bank account: We will send the offer/pro-forma invoice to the e-mail specified when the order was made. After payment is credited to our transaction account, the delivery shall be implemented within the agreed time.

The Contract (order) shall be stored in an electronic form on the Provider’s server and shall be available to the buyer at any time within their user profile (My Account).

PRICES

The prices published in the damiana.design online shop and the offers made shall be valid on the day the order is placed! We reserve the right to make changes in the case of any errors. The prices shall be valid in the case any of the abovementioned payment methods is used in accordance with the abovementioned terms and conditions. The clearance prices shall apply until the end of the clearance period, the date of which is stated under the clearance price of an item, or until the stock of the relevant item is sold out.

Despite our efforts to provide regularly updated and accurate information, information about the price may be incorrect. In such a case or if the price of an item changes during the processing of the order, the Provider shall enable the buyer the option to cancel the purchase, while at the same time offering them a solution to mutual satisfaction.

Prices are including VAT and are shown in EUR .

The prices stated next to products do not include shipping costs.

Items do not have a warranty.

MAKING ORDERS

The Provider shall consider the received orders as irrevocable. In the case of an error or for any other reasons the buyer may withdraw from the order without any additional costs in the period from the issuing of the order until receipt of the notification that the order is being processed. They may cancel the order by sending an e-mail to the e-mail address shop@damiana.design In the event the Provider establishes that they are unable to implement the order under the stated terms and conditions, they can reject the order until the time a notification about order being processed is sent.

CONCLUDING AND ARCHIVING OF THE CONTRACT (ORDER)

The Contract can be concluded in the Slovenian language.

The Contract (order) in the Slovenian language shall be stored in an electronic form on the server and shall be available to the buyer at any time in their user profile (My Account).

PURCHASE PROCEDURE

It is described in detail in the ORDER STATUS menu.

• Order received
• After submitting the order, the buyer shall receive a notice via e-mail that the order was successfully submitted for processing.
• Order in processing
• The Provider shall review the order, check the availability of the product and send an e-mail notification to the User that the order is processed or that the order is rejected with a reason.
• In the case the price of an item changes during the processing of the order, the Provider shall enable the buyer the option to cancel the purchase, while at the same time offering them a solution to mutual satisfaction. Upon order confirmation, the Provider shall inform the buyer via e-mail of the planned delivery time.
• Goods dispatched
• The Provider shall pack the goods by the agreed deadline, send it to the buyer and notify them thereof by e-mail.

RIGHT OF WITHDRAWAL FROM PURCHASE – RETURN OF GOODS

In compliance with the Slovenian Consumer Protection Act (Articles 46c and 43č), the buyer shall have the right to inform the Company in writing within 15 days about their withdrawal from the Contract, without having to state the reason for their decision. The buyer must return the purchased goods within 15 days as of their notification of withdrawal without any compensation. However, the buyer must cover the costs they incur when returning the purchased item. The buyer must inform the seller about the intended return in writing and send them the completed form (Obrazec za odstop od pogodbe artiklov) within 15 days as of the day of receiving the goods, to the following e-mail: shop@damiana.design, and return the goods within the next 15 days.

The returned goods must be packed in the original packaging, without any visible signs of use, and sent to the following address:

Atelje DA-DA d.o.o.
Gradnikove brigade 49
5000 Nova Gorica
Slovenia
Evrope

The buyer must enclose with the returned goods a copy of the original invoice and the number of your transaction account where the refund will be credited. We shall not accept any Cash on Delivery parcels.

We shall refund the purchase price no later than within 15 days after receiving the notification on withdrawal and/or after receipt of the returned product. We shall credit the refund to the buyer’s transaction account (we pay the costs of the bank transfer).

The buyer must return the goods undamaged, in the same quantity and in the original packaging (the product must not be used before returning it).

Please enclose a copy of the invoice with the returned goods and correctly completed form for returning goods, so as to ensure prompt implementation of the process. The form for returning the goods, which we will send upon request, should also be enclosed.

COMPLAINTS

If the buyer wants to lodge a complaint about the product, they must return it within 15 days as of cancellation of the Contract. The Company must make a refund as soon as possible, i.e. no later than 15 days from receipt of the notification of cancellation of the Contract.

The buyer may lodge a complaint about a product if the product does not have the qualities that the seller explicitly promised, if the seller delivered the wrong product, in the wrong quantity or color or if the product does not correspond to the buyer’s order in any other way. The buyer may lodge a complaint about a product within 15 days from the date of purchase and request that replaced the product by an equal and faultless article, or request a refund. The form for returning the product, which we will send upon request, should also be enclosed.

CONDITIONS FOR LODGING A COMPLAINT

The product for which a complaint is lodged must remain in the same condition as at the time it was purchased. The product for which a complaint is lodged must be returned in the original packaging, including all non-damaged parts that were originally in the packaging. In the case of any visible physical injuries or signs of incorrect use that does not comply with the instructions for use, the complaint shall not be considered. Only the cost of the returned product shall be refunded.

Any other costs as well as postage for refund shall be covered by the buyer.

PRIVACY

The Provider hereby guarantees to permanently protect all personal data. Such data shall be used exclusively for the purpose of sending information material, offers and invoices as well as other necessary communications. No personal data of the User shall be disclosed to unauthorised persons under any circumstances. The User shall be held responsible for protecting their personal data as well, namely they must take care of security of their username and password.

DISCLAIMER

The Provider shall use their best efforts to ensure that the data published on their website are up-to-date and accurate. However, the properties of the items, their availability and price may change so rapidly that the Provider is unable to update data on their website. In such a case, the Provider shall inform the buyer thereof and enable them to cancel the order or change the ordered item. The Provider shall not be held responsible for the content of the opinions about the items that are written by visitors. The Provider shall review the opinions before publication and shall reject those which are utterly untrue, misleading or offensive. The Provider shall not be held responsible for the information in the opinions and relieves themselves from any liability resulting from such information. Although the Provider shall strive to publish accurate photographs of the items sold, all photographs should be considered symbolic. The photographs do not guarantee the properties of the product.

COMPLAINTS AND INFORMATION

If you wish to lodge a complaint or need additional information, do not hesitate to contact us at:

e-mail address: shop@damiana.design

COMPLAINTS AND DISPUTES

The Provider shall comply with the applicable customer protection legislation. The Provider does everything in their power to fulfill their duty to put in place an effective system for resolving complaints and appoint a person to be contacted by the buyer via e-mail in case of any problems. The Provider shall confirm within five working days receipt of the complaint and shall inform the buyer about the period for solving thereof as well as promptly inform them on the progress of the procedure. The Provider is aware that an essential characteristic of a consumer dispute, at least in the case of resolution before a court, is the disproportion between the economic value of the claim and the costs arising from the dispute resolution. This is the main reason for a consumer to not start litigation. Therefore, the Provider shall use their best efforts to solve any disputes amicably.

Out-of-court consumer dispute resolution

In compliance with the law, damiana.design shall not acknowledge any out-of-court consumer dispute mediator as competent for resolving a consumer dispute that a consumer could initiate in accordance with the Slovenian Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS).

Atelje DA-DA d.o.o., as the Provider who operates the online shop in the territory of the Republic of Slovenia, shall publish on its website a link to the platform of the European Commission for online consumer dispute resolution (SRPS platform). The platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL

The regulations stem from the Slovenian Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS), Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

Technological means for identifying errors and making corrections before placing an order:

Find the desired product by navigating through the categories or using a search engine. Select additional options on the page with the desired product, such as color, size etc. and enter the desired number of ordered articles. Add the product to the shopping cart by clicking ‘Add to cart’. Several products can be added to the cart following the same procedure.

You can change the quantity of the ordered products in the shopping cart. To confirm the change click the button ‘Refresh cart’. If you do not want to order an item, delete it by clicking the icon ‘Remove item’.

If you want to continue shopping (i.e. select another product), click the button ‘Continue shopping’ or select a category from the navigation and continue shopping. The content of the cart will be saved.

If you want to complete your purchase, click the button ‘Submit order’.

You can submit the order by registering and/or logging into the online shop or selecting the option ‘Submit order as a guest’. In the next step, select the information about the payer’s address. Move to the next step by clicking the button ‘Continue’ and select the information about the delivery address. Then select the delivery method and the payment method. In the last step, review your order and submit it by clicking the button ‘Submit order’. You will receive an e-mail notification about the completed order.

Free registration in the online shop enables you to review your past purchases, add multiple addresses of the payer or for delivery, create a wish list as well as see an overview your opinions and assessments of products. If you fail to complete the purchase, the content of the shopping cart will be saved until your next use.

DELIVERY

Products are mostly made-to-order so please allow 2-5 weeks for delivery. We do hold limited stock so please contact us if you require your item in a shorter time.

Shipping rates are calculated based on the product and amount ordered and the shipping destination.

Delivery costs

When purchasing over 200,00 eur, delivery is free of charge, but does not include Express Mail.

COMPANY DETAILS

Atelje DA-DA d.o.o.
Gradnikove brigade 49
5000 Nova Gorica
Slovenia
Europe

Tax no.: SI71212132
Co. reg. no.:1997327000

IBAN: SI56 0475 0000 1085 190 (NKBM)
BIC-koda: KBMASI2X