1. Usage and exposure of personal information
By providing us with your personal information using our forms on LaliCup website you are allowing us to use your personal information for mentioned use (newsletter, contact forms, email). The collected personal information will not be deliberately forwarded nor sold to a third party that could use the information to harm you or your well-being. Though we can use, expose and store personal information when it is required by the law, when it is necessary to protect the information and yourself from potential bad intentions.
In most cases the collected personal information will be used solely by the company Bujaka to keep the Customers informed about the possible development regarding the company itself.
A customers personal data will be managed in accordance with the Slovenian Personal Data Protection Act and will not be put to use to third parties. The personal data will be used for the needs of executing the order (for example sending information materials, offers, invoices). If you agree to receive e-news you will also receive other informative and commercial messages.
In accordance with Article 73 of the Slovenian Personal Data Protection Act, you can at any time ask us to stop using your personal data for purposes of indirect marketing.
2. Changes of this policy
3. RETURN POLICY
3.1. Legal right of withdrawal
Right of withdrawal
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier indicated and by you acquires, physical possession of the last good.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or deliver the goods or hand them over to us at Bujaka d.o.o. Smrekarjeva 27, 1000 Ljubljana Slovenija, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.2. Contractual right of withdrawal
Notwithstanding and without any effects to the legally recognized right to cancel for consumers and users, mentioned in clause 3.1 above, we grant you a period of 30 days from Shipment Confirmation to return the products (except those mentioned in clause 3.3 below, for which the right to cancel is excluded).
In case you return the goods within the contractual term of the right of withdrawal, but once the statutory period has expired, you will be reimbursed, only, with the amount paid for said products (except those amounts mentioned in clause 3.3. which we are not liable to reimburse you), which means that the delivery costs will not be reimbursed. In such case, you will be responsible for the direct costs of returning the product unless you hand the goods over at Bujaka d.o.o. Smrekarjeva 27, 1000 Ljubljana.
You may exercise your right of withdrawal in accordance with the provision of clause 3.1. above, however should you inform us about your intention of withdrawing from the Contract after the legal term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the Shipment Confirmation.
3.3. Common provisions
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
- Customized items;
- Menstrual cups without their original wrapping;
iii. Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. We are not liable to reimburse that value of the product which has been diminished due to your handling with the product exceeding that what is necessary to establish the nature, characteristics and functioning of the goods (e.g. if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession). Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket or invoice which you will have received when the product was delivered. You may return any product at Bujaka d.o.o in Slovenija.
You may also contact us on our contact form or by telephone at 040606522 or return the product directly to the address shown on the ticket that you will receive with the delivery. We urge you to return the product as soon as possible, to the address indicated above. You will be responsible for the cost of returning the products under this type of return.
Please note that if you decide to return us the items “cash on delivery” (i.e. payment after delivery), you are also responsible for the return costs and we will be authorized to charge you for any return costs we might incur.
After examining the article, we will inform you if you do not have the right to full reimbursement of the amounts paid. To the extent you are entitled to, delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase.
4. Returns of defective products
In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us, if you wish to exercise any of your statutory rights, within the statutory provided period for exercise of such right, either on our contact form, providing the product details and the damage sustained, or email us to info@laliCup.si or calling us on 00386 406060522, where we will indicate what you need to do.
We will carefully examine the returned product and will you inform you accordingly within a statutory provided period.
The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase.
All rights recognized in current legislation shall be, in any case, safeguarded.
As a consumer and user, we are liable for defects on the products sold via this website, in the legally established terms for each type of product, and thus will respond to a lack of conformity of said products, which becomes apparent within two years of the delivery of the product. However, we remind you that sufficient evidence of the product’s lack of conformity with the contracted product must be provided if apparent after six months from the delivery of the product.
The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type. In this respect, if any of the products do not conform with the contract, you should make us aware of this by following the process detailed in aforementioned section 17.4 and through any of the communication means destined for this purpose.
The products we sell, especially handmade products, often present the characteristics of the natural materials used to make them. These characteristics, such as variations in streaks, textures in the knitting and in the colour are not considered defects or faults. Rather, these variations should be expected and appreciated. We only select products of a superior quality, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
6. LIABILITY AND WAIVING LIABILITY
Unless otherwise indicated expressly in these Conditions and to the extent legally allowed, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- In case of death or personal harm caused by our negligence;
- In case of fraud or fraudulent deceit; or
iii. In any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability (e.g. if damage is caused intentionally or by gross negligence).
Notwithstanding the paragraph above, and to the extent legally allowed, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- loss of business;
iii. loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensees authorize it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
8. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorization to use this website shall be suspended immediately.
Save for the liability which is mandatory imposed upon us under the applicable law, we shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
9. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
10. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or, if appropriate, we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. Hereby, any electronic communication shall have the same legal validity and effect as communication in paper form (e.g. hard-copy communication). This condition will not affect your rights as recognized by law.
By providing us with your e-mail address you agree that you have an unlimited and unrestricted access to your e-mail address. Unless otherwise stated in our e-mail communication, there is no requirement for you to confirm receipt of our notifications sent to e-mail address which you have provided to us. It shall be deemed that our communication has been delivered to you if and once we have sent it to your e-mail address.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause above, and unless otherwise stipulated, we may send you notifications either by e-mail or to the postal address you provided us when placing an order.
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box, and in the case of an email, that the notification was sent to the email address specified by the recipient.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
13. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control.
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
14. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.
15. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
16. ENTIRE AGREEMENT
These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall rely upon any unbinding statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was said statement was untrue and has, thus, mislead you into buying something you otherwise would not) and shall not take any action in this respect save for that damages caused, after the conclusion of contract between us, due to breach of contract in accordance with the provisions of these Conditions. This, however, does not in any case represent a waiver of statutory rights which may not be subject to an agreement.
17. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.
18. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by EU legislation.
To the extent that under the applicable law the dispute is not subject to exclusive jurisdiction, any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Slovenian courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the statutory rights you have, as recognized in any applicable legislation in effect.
19. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions are always welcome. We ask that you send any comments and suggestions, as well as any queries, complaints or claims, via our contact form, by telephone or to the postal address or email address indicated in article above of these Conditions.
Complaints and claims sent to our customer services will be handled as soon as possible and within the legally determined period.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address info@laliCup.si in order to seek an out-of-court settlement.