1. GENERAL
Your access to and use of the www.anaya.si website, including access to all products and services available through this website (collectively, the “Services”), is subject to the following Terms and Notices (“Terms and Conditions”). By using the Services, you agree to be bound by all of the Terms and Conditions, as they may be updated from time to time. By using the Services, you acknowledge that you are aware of all of the most current Terms and Conditions and that you review the Terms and Conditions page regularly.
Users are only permitted to access the website as short-term visitors to the website. We reserve the right to withdraw or change the Services without notice. We shall not be liable for any failure to access the content or unavailability of the website for any reason whatsoever. Nor shall we be liable if for any reason this website is unavailable at any time or for any period of time. Access to some parts or all of the content may also be restricted from time to time.
This website contains links to other websites which are not operated by HOLY3 d.o.o. (“linked websites”). HOLY3 d.o.o. has no control over the linked websites and assumes no responsibility for them or for any loss or damage that may arise from their use. Use of the linked websites is strictly limited to the terms and conditions of use of the linked websites.
2. ABOUT US
HOLY3, Cosmetics and other personal service activities, d.o.o. Korytkova 22, 1000 Ljubljana, Slovenia, EU
e-mail: info@anaya.si phone number: +386 41 715 783
Bank account number: SI56 6100 0001 4390 297
Bank: Delavska hranilnica d.d., Slovenia
Registered in the Commercial Register: YES; Entity registration number: 2016/30649; Date of entry in the Commercial Register: July 21, 2016, Company registration number: 7109571000; VAT ID: SI56719159; VAT taxable person: YES
Registered activity according to NACE: Cosmetics and other personal service activities n.e.c. (96.090)
3. PURCHASING PRODUCTS
By placing an order to purchase a product, you agree to the following terms:
All orders are subject to product availability and confirmed order price. Shipping times may vary depending on the availability of the product ordered and delivery times. We are not responsible for any delays in delivery times, including postal delays or delays due to force majeure. Purchases may be made by persons who are 18 years or older. When placing an order, you must provide your information, which you agree to be accurate and true.
ORDER
A submitted online order is considered to be a confirmation of the order and the purchase of goods, whereby you simultaneously accept these Terms and Conditions. HOLY3 d.o.o. protects and processes your data in accordance with applicable law.
PRICES
All prices are quoted in EUR and include 22% value added tax (VAT). Purchases are subject to prices at the time of order confirmation. The prices quoted on the website do not include postage costs. Shipping costs are charged additionally; the additional costs are clearly displayed and are included in the ‘total cost’ when placing an online order.
We strive to ensure that all information and descriptions appearing on this website are accurate. If we discover an error in the ordering process or in the price of your order, we will notify you as soon as possible and offer you the option of repurchasing or cancelling your order. If we are unable to contact you, we will treat such an order as cancelled. If such an order has been paid for in advance and you subsequently wish to cancel it, you will be entitled to a full refund of the purchase price minus the bank transfer charges.
We reserve the right not to fulfill orders that are not in accordance with these Terms and Conditions.
PAYMENT
Payment options:
• via pro forma invoice to our bank account*;
• Cash on Delivery (only in Slovenia)
• by credit card
*You will receive bank account payment details after the order has been completed. Please print or save this information carefully.
CONTRACT
The Purchase Contract (the Order) is stored electronically on the server of the Website Operator and is thus accessible to the Customer 24 hours a day in his/her user profile in the MY ACCOUNT section.
4. DELIVERY
Your order will be completed on the date of delivery. Except in rare circumstances, the goods will be delivered within fourteen to thirty business days from the date of the order. Delivery times depend on stock.
All shipments are dispatched from our warehouse in Slovenia. The Buyer shall bear the shipping costs and the risk during transport, unless explicitly agreed otherwise in writing with the Seller. The goods will be dispatched as a standard shipment.
International shipping and handling costs of parcels weighing up to 2kg will be charged on a flat-rate basis. Packages weighing over 2kg will be calculated individually depending on the weight of the parcel and the destination country.
5. TECHNOLOGICAL MEANS THAT ENABLE THE DETECTION AND CORRECTION OF ERRORS BEFORE PLACING AN ORDER
Before placing an order, the user (Customer) will be able to make the following corrections via the graphical user interface “CART” easily, without difficulty and with immediate effect:
– see and review which products he/she has selected and added to the shopping cart;
– see and review the price of each product as well as the total price of the overall quantity of each product selected;
– modify the selected quantity of each product as the new price of the modified quantity is calculated;
– remove selected products that he/she does not wish to purchase from the shopping cart.
Before confirming the order, the user (Customer) will be able, through the graphical user interface “CHECK OUT”, to easily, without difficulty and with immediate effect: – change the selected shipping method of the product; – change the selected payment type; – review and confirm the individual changes.
6. PRIVACY POLICY
Holy3 d.o.o., as an online shop Provider, collects certain information about users for the sole purpose of providing quality service and for communicating with customers in relation to the ordering process and in support of ordering.
The Provider collects, processes and stores the data provided in accordance with the Personal Data Protection Act (ZVOP-2) and the EU General Data Protection Regulation (GDPR). It does not share the collected data about its customers with third parties, except with state authorities for the purpose of prosecuting offenders of violations and criminal acts, when explicitly requested in accordance with applicable legislation. The Provider stores the aforementioned personal data on technically and software protected equipment.
ANAYA is fully committed to protecting the privacy of visitors and customers. We will not share customer information with third parties unless it is a necessary part of providing a service to you – e.g. entering the recipient’s address for shipping or for in-house customer research purposes.
ANAYA does not collect any personal information about you on our website without your permission. However, if you choose to make a purchase, we need your information to process your order and for internal research. We define “personal information” as information that includes your name, shipping address, credit/debit card number and expiration date, billing address, email address, phone number, age, and occupation.
ANAYA may collect the following information about you for internal purposes of the company, namely to improve our services:
• Information you provide by filling out forms on our website. This includes contact forms, registration forms, and order submission forms.
• Details of your visits to our website, including but not limited to: traffic data, location data and other communication data, if necessary for our own internal purposes as well as for research and improvement.
The Provider facilitates online commerce in the territory of the Republic of Slovenia and other European countries, and publishes an electronic link to the Online Consumer Dispute Resolution Platform (ODRP) on its website:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
7. COMMUNICATION AND MARKETING
If you have made a purchase from our shop, we will periodically inform you about our latest products, news and special offers by email, provided you have subscribed to our online newsletter. All members of the Anaya online shop have the option to opt-out of receiving marketing communications at any time by clicking on “unsubscribe” in any marketing messages sent. If you do not wish to receive emails, you can also email us at info@anaya.si.
Newsletters are sent via the Mailchimp web application.
8. COMPLAINTS AND DISPUTES
The Provider shall comply with the applicable consumer protection legislation. In the event of complaints, disputes or problems, the Customer may contact the Provider by calling the telephone number +386 41 715 783 or by email at info@anaya.si. Complaints should be submitted to the Provider’s address in writing. The complaint handling process is confidential. For cases of complaints, delivery, warranty claims, material defect claims, more detailed information can be found in the Provider’s Terms and Conditions at the top of the anaya.si website.
The Provider shall respond to all complaints in writing or by telephone as soon as possible and within the framework of the legal obligations depending on the type of complaint. The Provider acknowledges that the essential characteristic of a consumer dispute, at least as far as judicial settlement is concerned, is its disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle preventing a consumer from initiating a dispute before the courts. Therefore, the Provider shall make every effort to resolve any disputes amicably.
The Act on the Extrajudicial Settlement of Consumer Disputes (Official Gazette of the Republic of Slovenia No. 81/2015; hereafter ZIsRPS) entered into effect on November 14, 2015.
The ZIsRPS Act regulates the out-of-court settlements of domestic and international disputes between businesses and consumers through an extrajudicial consumer dispute resolution provider (hereafter IRPS provider).
In accordance with the legal norms, the Provider does not recognise any extrajudicial consumer dispute resolution provider as competent to resolve a consumer dispute that a Consumer could initiate under the Act on the Extrajudicial Settlement of Consumer Disputes.
9. ACKNOWLEDGEMENT OF LIABILITY FOR MATERIAL DEFECTS
The Seller must deliver the goods to the Customer in accordance with the Contract and is liable for material defects in their performance. A defect is material:
• if the goods do not have the characteristics necessary for their normal use or for sale;
• if the goods do not have the characteristics necessary for the particular use for which the Customer is purchasing it, which is known or ought to be known to the Seller;
• if the goods do not possess the qualities and characteristics which were explicitly or implicitly agreed upon or specified;
• if the Seller delivered an item which does not correspond to a sample or model, unless the sample or model was shown solely for informational purposes.
The suitability of the goods for normal use shall be assessed in relation to the usual goods of the same type and in light of any declarations made by the Seller or the manufacturer about the characteristics of the goods, particularly through advertising, product presentation or claims written on the goods themselves.
Liability for material and legal defects shall be governed by the provisions of the law governing contractual relations, unless otherwise specified in the Consumer Protection Act.
The Customer may exercise their rights under the law on material defects if they notify the Seller of the defect within two (2) months from the date the defect was discovered.
In the notification of the defect, the Customer must describe the defect in detail and give the Seller the opportunity to inspect the items.
The Customer can notify the Seller of the defect in person, for which the Seller must issue a confirmation of the defect, thereby concluding the Contract.
The Seller shall not be liable for material defects in goods that appear after two (2) years from the date the goods were purchased/delivered.
A Customer who has duly notified the Seller of the defect shall have the right to require the Seller to: – rectify the defect in the goods; or – refund a portion of the amount paid in proportion to the defect; or – replace the defective goods with new, faultless goods; or – refund the amount paid.
In any event, the Customer shall also have the right to claim compensation for damages from the Seller, in particular reimbursement of costs of materials, spare parts, labor, transfer and transport of the products, incurred as a result of the fulfillment of the obligation from the preceding paragraph of this Article.
The Customer’s rights under the first paragraph of this Article shall expire at the end of two (2) years from the date on which the consumer notified the seller of the defective item. No contractual provision may limit or exclude the Seller’s liability for material defects as stipulated by law.
Any contractual provision that contradicts the preceding paragraph shall be null and void.
The Company shall respond in writing to the Customer’s request, upon notification of a defect or, if applicable, upon notification of a complaint, within a maximum period of 8 days.
If the Company agrees with the complaint, it will also grant the Customer’s request within 8 days.
We do not accept Cash on Delivery shipments unless expressly agreed upon with the Customer!
For any information regarding claims, warranties and material defects, please contact us by email at info@anaya.si or by telephone by calling +386 41 715 783.
10. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
The Customer has the right to return the purchased goods without having to give a reason for his/her decision. The Customer may notify the Seller of their intention to return the goods in person, by telephone or by email no later than 14 days after receiving the goods. Each of these notifications shall be deemed to be a withdrawal from the Contract. If the Customer has already received the goods and withdraws from the contract, the goods must be sent back to the Seller undamaged and in the same quantity within 14 days of the notification referred to in the first paragraph of the Article 43 of the Consumer Protection Act, unless the goods have been destroyed, damaged, lost or reduced in quantity through no fault of the Customer. The Customer shall bear the direct costs of returning the goods. Returns must be accompanied by a copy of the original invoice received by the Customer at the time of purchase and delivery of the goods. The Seller will refund the purchase price for the returned goods to the Customer in the same manner as the original payment was received, i.e. in the case of bank transfer, the money shall be refunded to the Customer’s bank account, unless the Customer explicitly requests the use of another payment method and unless the Customer as a result incurs no additional costs. The purchase price shall be refunded by the Seller to the Customer within 14 days of receiving the cancellation notice or at the time of receiving the returned goods.
11. THE LAW AND JURISDICTION
The Terms and Conditions are in accordance with the applicable legislation of the Republic of Slovenia. All disputes arising under these Terms and Conditions shall be subject to the jurisdiction of the courts of the Republic of Slovenia, irrespective of the domicile of the Customer (Buyer).