General Terms and Conditions
These General Terms and Conditions have been compiled in accordance with regulations in the field of consumer protection and international codes for online and electronic business. The online store at the URL www.annmarie.si (hereinafter referred to as the 'Online Store') is operated by Annmarie Saša Prah, an e-commerce service provider (hereinafter referred to as 'the Provider').
By registering in the online store, the Visitor (hereinafter also referred to as ‘the Customer’ or ‘User’, or also ‘Consumer’ in the case of a natural person) shall be given a username that is the same as his/her e-mail address, and a user password set by the User himself/herself. The username and password of the User are unambiguously determined and linked to the entered data.
By registering, the Visitor confirms and guarantees that he/she is an adult, with full legal capacity. By registering, the Visitor shall become a User and acquire the right to purchase. By purchasing a work of art (hereinafter referred to as a ‘Product’ or also ‘Goods’, the User shall become a Customer.
These General Terms and Conditions define the operation of the Online Store, the rights and obligations of the Visitor, User and Customer and the business relationship between the Provider and the User as a Buyer of Products from the offer published in the Online Store.
2. Availability of Information
- The Provider undertakes that the following will always be available to the Buyer:
- information on the identity of the Provider (Spletna trgovina, Annmarie Saša Prah s.p., Ellerjeva ulica 35, Ljubljana, registration number: 8138214000 and tax number: 86079310);
- contact details that enable the Customer to communicate quickly and efficiently with the Provider (e-mail address, telephone, etc.);
- information on the essential characteristics of the Products or Online Store services;
- information on Product availability or Online Store services;
- method and conditions of delivery of Products or execution of services;
- information on the payment method;
- information on the duration of the validity of the Online Store offer;
- information on Product return options;
- information on the procedure of handling buyer complaints and data on the Provider's contact person handling customer relations.
3. Product Range
Due to the nature of online business, the range of Products on offer in the Online Store changes and tends to be updated frequently and quickly.
4. Payment Methods
- The Provider shall provide the Customer with the following methods of payment for the purchase of Products from the Online Store:
- cash upon personal collection at the Provider's registered office, in which case the online price of the Product shall apply;
- payment based on a proforma invoice with advance transfer of the purchase price to the Provider’s transaction account according to the offer published in the Online Store (or given to the Customer) or a proforma invoice, in which case the online price of the Product shall apply. In addition to the online price of the Product, the cost of the package (packaging and wrapping) must be paid when purchasing original and custom (made to order) paintings, while in the case of prints being purchased, the package costs will be covered by the Provider. In addition, shipping costs (except for delivery in Slovenia) and any customs duties must be paid at the time of purchase.
- Your order shall be accepted as soon as the Provider receives the confirmation of the transaction from its bank. Please state your first and last names, company name and order number for the purpose of payment, as it appears in the online form.
- payment for custom (made to order) Products: the price and method of payment are agreed with the Customer. After confirming the order, the Online Store will inform you of all the details of the payment. If you have any questions or would require additional information, please send an e-mail to email@example.com.
- PayPal or payment cards: you can pay for Products via PayPal, with Visa or MasterCard credit cards and with Maestro debit cards. In addition to the online price of the Product, the cost of the package (packaging and wrapping) must be paid when purchasing original and custom (made to order) paintings, while in the case of prints being purchased, the package costs will be covered by the Provider. In addition, shipping costs (except for delivery in Slovenia) and any customs duties must be paid at the time of purchase.
The online price shall be valid for all registered Users of the Provider's Online Store. There are possible surcharges on the online price, depending on the chosen method of payment. For online purchases, customs duties and taxes are not included in the price of the Goods.
All prices in the Online Store are in euros, unless explicitly stated otherwise. All prices in the Online Store are Product prices and do not include packaging and delivery costs. All prices shall only be valid for electronic orders of Products through the Online Store.
All prices are valid at the time of placing the order and do not have a predetermined validity, so they shall remain valid only until changes occur. Despite the Provider’s best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In the case from the previous sentence and in the event that the price of the Product changes during the processing of the order, i.e. from the moment of placing the order until the confirmation of the order, the Provider shall:
- notify the User (Buyer) thereof, detailing the new prices, in such a case, the User (Buyer) shall have the option to change his/her order or partially or completely cancel it or confirm the order at the new prices, all at no additional cost; or
- enable the User (Buyer) to withdraw from the purchase and at the same time offer him/her a solution that shall be to the mutual benefit and satisfaction.
6. Purchase procedure
6.1.1. Overview of the order:
The Products selected by the Buyer shall be displayed in the shopping cart.
6.1.2. Registration and login
Based on the selections made in the shopping cart, the Customer shall then proceed to registering in the system or logging in with his/her username and password.
6.1.3. Entering the delivery address:
The Buyer has the option to choose an address for the delivery of Goods other than the address entered upon registration. This address shall be entered in the database as the address for the delivery of the Goods.
Depending on the type of Product and the value of the order, the Buyer shall also be shown the price of the package (packaging), unless it is already included in the price and delivery price, except for delivery in Slovenia, which shall be covered by the Provider.
When purchasing original and custom paintings, the costs of packaging and packaging shall in any case be borne by the Buyer. When purchasing prints, however, these costs shall be covered by the Provider. Delivery costs in Slovenia (transport and postage) shall be borne by the Provider. Delivery costs outside Slovenia, on the other hand, shall be borne by the Buyer.
6.1.4. Review of the entire order and payment:
The order list and payment terms shall be displayed. By placing an order, the Buyer shall be considered to agree with the price, the chosen method of payment and the obligation to pay before the delivery of the Product.
6.1.5. Order confirmation:
The Customer shall receive an email with the confirmation of his/her order to his/her e-mail address.
6.2. PRODUCT DISPATCH:
Handover of the Product/Products shall be performed by postal delivery upon prior payment of the purchase price of the Product/Products. Exceptionally and only by prior agreement, it shall be possible to pick up the Product/Products at the Provider's business address.
The deadline for shipping the Goods shall depend on the type of Products selected.
Preparation for dispatch of Products for:
- for printing on canvas and giclee fine art print, the preparation shall take between 3 and 5 days.
- for original paintings, it shall take 3 days.
- for a custom (made to order) work of art, it shall take from 5 to 10 days.
6.3. DELIVERY AND DELIVERY DEADLINES (in working days, including preparation)
Pošta Slovenije (Slovenian Post) and DHL shall carry out delivery services for the Provider. The Provider shall reserve the right to choose another delivery service if it is able to fulfil the order more efficiently.
Delivery times shall depend primarily on the selected delivery contractor, with delivery times expected to be as follows:
|Giclee fine art print & Print on canvas||Original painting||Custom painting|
|Slovenia||5-7||up to 5||10-14|
|EU||7-9||up to 7||up to 14|
|Europe outside EU*||10-15||up to 10||up to 20|
|USA and Canada*||7-12||5-10||up to 20|
*depending on local custom procedures
If the Provider ships the ordered Products in a timely manner and in accordance with the contract, it shall not be responsible for any overdue delivery time of the contractual delivery partner. The Buyer expressly undertakes to waive other means of reimbursement of costs incurred, purchase price and delivery costs paid, such as claims for damages in the form of civil action and the like, due to a late delivery of Goods or a different method of delivery of Goods, but shall retain other minimum rights in accordance with the provisions of the Consumer Protection Act.
Delivery time ranges shall also depend on the Buyer's choice of the speed of the postal service where it is available, according to the table below (expressed in normal working days required for the shipment to arrive at the Buyer from the day of shipment):
|Shipping to:||SLO||EU||Europe outside EU||USA&Canada|
|Post of Slovenia||up to 2||n/a||n/a||up to 7|
|DHL Economy||n/a||up to 7||up to 7||n/a|
|DHL Express||n/a||2||up to 3||3|
6.4. Receiving the Goods
The Buyer shall be obliged to receive the Goods from the contractor at the address as chosen by him/her in the purchase process, under the conditions set by the delivery contractor.
Upon receipt of the Goods, the Buyer shall be obliged to inspect them with all necessary care, and to immediately notify the Provider of any defects. On the day of the delivery of the Goods, the Goods shall become the property of the Buyer, and thus the risk of damage, destruction and alienation shall pass to the Buyer.
7. Purchase and Sale Agreement
The Provider shall issue an invoice to the Buyer in writing, with a breakdown of costs and an explanation of the right to withdraw from the purchase by returning the purchased Product and the terms of return. The Purchase and Sale Agreement between the Provider and the Buyer shall be deemed concluded at the moment when the Provider confirms the order to the Buyer. From this moment on, all prices and other conditions of the purchase shall be fixed and apply to both the Provider and the Buyer.
8. The Customer's Right to Withdraw from the Purchase, Return of the Goods
Each Buyer shall be obliged to immediately, but no later than 5 days after having received the Goods, notify the Provider by e-mail to the contact e-mail address firstname.lastname@example.org, and initiate a complaint procedure with the delivery provider if the postal package with which the Buyer received the ordered Products is physically damaged, if it lacks its content or if it shows signs of opening. The Buyer shall be entitled to exercise his/her rights arising from any material defect in the Goods, provided that the conditions set out in the applicable Consumer Protection Act of the Republic of Slovenia or in the Code of Obligations of the Republic of Slovenia are met.
A Buyer who is a Consumer (natural person) under consumer protection regulations shall have the right to notify the Provider to the contact e-mail address email@example.com within 14- days from the day of receipt of the ordered Products that he/she withdraws from purchase, without having to state the reason for such a decision. The return of purchased Products to the Provider within the withdrawal period shall be considered a notice of withdrawal. The only cost related to the withdrawal from the contract that the Consumer shall be required to pay shall be the cost of returning the Goods. The purchased Products must be returned to the Provider no later than 14 days from the date of submission of the notice of withdrawal from the purchase. The purchased Products must be returned to the Provider undamaged, in the original packaging and in unaltered quantity, unless the Products are destroyed, damaged, lost or their quantity has decreased without the fault of the Consumer and the Consumer has notified the Provider thereof. The Consumer may not use the Products until the withdrawal from the purchase. The Consumer may inspect and test the articles to the extent strictly necessary to establish the actual situation. The Consumer shall be responsible for reducing the value of the Goods if the Goods were received undamaged and in an appropriate quantity. For returned Products, the Provider shall reimburse the received payment to the Consumer no later than 14 days from the receipt of the returned Goods. The Provider shall refund the amount paid with the same means of payment as used by the Consumer, unless the Consumer has explicitly requested the use of another means of payment and if the Provider does not incur any costs as a result. The Consumer shall not have the right to withdraw from the purchase in the cases where the subject of the purchase is an item that was made according to the instructions of the Buyer, or which was adapted to his/her personal wishes.
9. Security and Protection of Personal Data
The Provider uses appropriate technological and organisational means to protect the transmission and storage of personal data, orders and payments. For these purposes, the Provider uses a 128-bit SSL certificate issued by an authorized organisation.
Bankart ensures the security of the authorizations and transactions with payment cards. Credit card authorizations are performed in real time with immediate verification of data at banks. Card information is not stored on the server.
The Customer shall also be responsible for security, by ensuring the security of his/her Username and password and by using the appropriate software and anti-virus protection of his/her computer.
The Provider undertakes to permanently protect all personal data of the Buyer in accordance with regulations. The Provider shall use personal data exclusively for the purpose of fulfilling the order, sending information materials, offers, invoices and other necessary communication with the Customer. In no case will the User's data be handed over to unauthorized persons.
The Provider shall make every effort to ensure the up-to-datedness and correctness of the data published in its Online Store, but Product characteristics, delivery time or price may change so quickly that the Provider could fail to correct the data published in the Online Store in a timely manner. In such a case, the Provider shall notify the Buyer of the changes and allow him/her to withdraw from the order or change it.
Although the Provider strives to provide accurate photographs of the Products, the photographs do not guarantee the characteristics of the Product.
From the moment of dispatch of the Goods, the Provider shall not be responsible for cases of physical damage, destruction or loss of the shipment, as well as not if there is a lack of content in the shipment or if the shipment shows signs of opening. In such cases, the Buyer should initiate a complaint procedure with the delivery contractor and notify the Provider in accordance with these General Terms and Conditions and the applicable regulations.
11. Complaints, Disputes and the Application of the Law
The Provider complies with applicable regulations in the field of Consumer protection. The Provider has an effective system for handling complaints and has a designated person with whom the Customer can contact by e-mail in case of problems. The Customer can submit a complaint to the e-mail address firstname.lastname@example.org. The procedure for handling a complaint shall be confidential.
The Provider shall confirm within five working days that it has received the complaint, inform the Buyer how long it will process it, and keep him/her informed about the progress of the procedure. The Provider shall make every effort to resolve any disputes amicably. If an amicable settlement of the dispute is not reached, the court with material jurisdiction in Ljubljana shall have exclusive territorial jurisdiction to resolve all disputes between the Provider and the User (Buyer). The Provider and the User (Buyer), as participants in electronic commerce, shall mutually recognise the validity of electronic messages in court.
Slovenian substantive and procedural law shall apply to these General Terms and Conditions of the Online Store and to all disputes between the Provider and the User/Customer, whereas the rules of private international law, which would indicate the application of any other law, do not apply.
The provisions of the Obligations Code, the Electronic Commerce Market Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis to all relationships and to rights and obligations not regulated by these General Terms and Conditions.
12. Changes to the General Terms and Conditions
In the event of changes in the regulations governing the operation of online stores, data protection and other areas related to the operations of the Provider's Online Store and in the event of changes in its own business policy, the provider shall be entitled change and/or supplement the General Terms and Conditions and shall notify the Users thereof in an appropriate manner, which includes, in particular, notification via the www.annmarie.si website. Any changes and/or amendments to the General Terms and Conditions shall enter into force and apply upon the expiry of an eight-day period from the publication of the changes and/or amendments. If a change and/or amendment to the General Terms and Conditions is necessary for compliance with regulations, these changes and/or amendments may exceptionally enter into force and apply in a shorter period of time.
The User who does not agree with the changes and/or amendments to these General Terms and Conditions must cancel his/her registration within eight days of the publication of the notice of changes and/or amendments to the General Terms and Conditions, otherwise it shall be considered, after the expiration of this period, that the User accepts changes and/or amendments to the General Terms and Conditions. The cancellation of a registration shall be done by the Buyer notifying the Provider of the cancellation in a written statement.
The present General Terms and Conditions were adopted by AnnMarie Saša Prah, in Ljubljana, on 10.12.2020.