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GENERAL TERMS AND CONDITIONS OF URBANSCAPE ONLINE SHOP

 

 

Article 1 (General Provisions)

 

The General Terms and Conditions of Urbanscape Online Shop (hereinafter the GTC) define the rights and obligations of parties to the sales contract, i.e. Talanto d.o.o., Ilirska 6, 1000 Ljubljana, Slovenia, registration number 3978176000, VAT ID SI33829713 (hereinafter the provider), and the customer, i.e. a natural or legal person, who buys products from the provider's offer in the provider's online shop or Urbanscape website. The registered office of the provider is in Ljubljana.

 

These GTC are compiled pursuant to the legislation valid in the territory of the Republic of Slovenia, especially the Code of Obligations (hereinafter the OZ), the Consumer Protection Act (hereinafter the ZVPot), the Electronic Communications Act (hereinafter the ZEKom-1) and the Personal Data Protection Act (hereinafter the ZVOP-1)..

 

Urbanscape online shop (hereinafter the UOS) is an online shop operated and managed by the provider.

 

These GTC govern the operation of the provider in the UOS, the customer's rights and the relationship between the provider and the customer. These Terms and Conditions govern the sale of products available in the UOS.

 

If the customer or any other person who wishes to cooperate with the provider requires additional general information on products that are available in the UOS, use of the website, the status of online orders, delivery or return of goods, they can contact the provider by phone at +386 (0)40 541 848 Monday through Friday from 8 am to 4 pm or by email at: info@grow-at-home.com.    

 

 

Article 2 (Validity of General Terms and Conditions)

 

The customer is bound by the GTC valid at the moment of purchase, i.e. placing of the online order. Individual orders are governed by the GTC published on the website at the time of placing the order and provided to the customer on a permanent data carrier pursuant to the provisions of the ZVPot. The customer is warned about the valid GTC every time when placing an order and confirms them by accepting them.

 

The provider reserves the right to amend the GTC with new provisions at any time, and the customer is therefore obliged to learn about the currently valid GTC every time when placing an order. Every amendment of the GTC is marked with the validity date.

 

By confirming the order, the customer automatically accepts the GTC. These GTC supersede any other terms of operation, except as provided by an eventual written agreement concluded by the provider and the customer.

 

The term user denotes a person who expresses their explicit consent under the fifth paragraph of Article 14 of these GTC to the provider.    

 

 

Article 3 (Information in Accordance with the ZVPot)

 

The provider undertakes to always provide the customer with the following below listed information:

  1. Essential characteristics of the goods or services to the extent corresponding to the data carrier and the goods or services (stated in the UOS for individual goods or services);
  2. Name, place and telephone number of the provider (Article 1 of these GTC);
  3. kThe final price of the goods or service, inclusive of taxes, or the method of calculating the price, if the nature of the goods or service make it impossible to calculate the price in advance (stated in the UOS for individual goods or services);
  4. Information on eventual additional costs of transportation, delivery or mailing and the notification that such costs may be incurred, if they cannot be calculated in advance (stated in the UOS for individual goods or services and in Article 7 of these GTC);
  5. Payment and delivery method and conditions of implementation of the service as well as delivery deadline for the goods or the implementation of the service, when appropriate (stated in the UOS for individual goods or services and in Article 6 of these GTC);
  6. Information on the complaint procedure with the company (Article 11 of these GTC);
  7. Information on liability for material defects (Article 10 of these GTC);
  8. The possibility and conditions of after-sales services and voluntary warranty, when appropriate;
  9. Duration of the contract, when appropriate, and conditions for withdrawing from a contract concluded for an indefinite period or contract with automatic renewal;
  10. The provider shall offer all this information to customers also in the contact information stated in Article 1 of these GTC. If the customer requires additional information on purchasing, goods, services, etc., they may contact the provider using the contact information provided in Article 1 of these GTC..    

 

 

Article 4 (Sales Range and Prices)

 

The customer may choose and order products exclusively from the list of products in the UOS. All products that are listed in the website are available while stock lasts. The prices are displayed in the UOS and apply only and exclusively to the offer provided in the UOS (hereinafter online price).

 

The online price is the price valid online. Online prices in the UOS may differ from retail prices of other providers.  

 

The prices are valid at the moment when the customer places an order or those prices apply that were valid at the time when the placed order was received by the provider's information system. The prices displayed in the UOS can change without prior notice.

 

All prices are provided in EUR and include VAT.

 

The costs of delivery are not included in the price of products, unless stipulated otherwise by these GTC.    

 

 

Article 5 (Registration and Binding Placing of Order)

 

By registering with the UOS, the customer has the right to Submit the Order in the UOS, as determined in the following paragraphs of this Article.

 

The customer places the order by clicking the Order under Payment Liability button. By clicking this button, the customer explicitly states that they wish to conclude a sales contract with the provider and that they undertake to pay the purchase price to the provider. By clicking this button, the customer further states:

• That they are over 18 years of age as required by law
That they have the capacity to contract the order.

 

The sales agreement between the provider and the customer is concluded at the moment the customer confirms the order by clicking the Order under Payment Liability button (the customer receives an email confirmation).

 

After submitting the order in the UOS, the customer receives the “Review of Order” notification that the order has been accepted. The notification is sent to the email address that the customer provided when placing the order. The email will also include an attached PDF document containing all information about the placed order and the valid GTC. The customer can review the order even after placing it, check if all information is correct (contact data, payment, delivery, etc.) and notify the shop of eventual changes by email or phone (see Article 8 of these GTC). The provider has the right to contact the customer at their telephone number for the purposes of verifying the data and for ensuring punctuality of delivery.  

 

 

Article 6 (Payment)

 

 UOS offers the following payment options:

  • Cash on delivery (Slovenia only): the customer chooses Cash on delivery under payment options. If the customer is not at home at the time of delivery, they can pay for the ordered items upon takeover at their local business unit of the Post of Slovenia. If the customer opts for cash on delivery, they have to pay € 1.05 of remittance fee for purchases up to € 98 in value to the Post of Slovenia, 1.07% of the value of the purchase for purchases between € 98 and € 501 and a unified fee of € 5.36 for purchases exceeding € 501.
  • Payment with credit or debit cards; The following credit and debit cards can be used as payment in Urbanscape online shop: MasterCard, Visa, American Express, Maestro, Activa

 

The Urbanscape online shop is governed by Slovenian law and the items offered for sale on the site are all shipped from Slovenia. Invoices are drawn up in Euros, and subject to Slovenian value-added tax.

Whatever payment method is used, the order shall not be taken into account until the payment has been validated. As long as the order has not been validated, it shall be recorded but not taken into account. Validation of the order is issued once authorisation to debit the account has been sent by the organisation that verifies and validates payment. The Provider shall then send a confirmation email and the Customer’s account shall be debited.

The provider reserves the right to suspend the processing of an order if payment by bank card is denied or payment is not made. In these circumstances, the provider may consider the sale to be cancelled.

The provider guarantees full confidentiality of bank information secured by the SSL protocol, which automatically checks the Customer’s right to use the bank card and encrypts all transactions to ensure confidentiality.

In order to ensure the highest level of payment security, authenticity of performed transactions is checked. If payment is not made due to misuse of the charge card, the provider shall save this in its system. In the event of suspicion of abuse, every suspicious transaction is handed over to competent bodies without prior notice. In the event of choosing payment by charge cards, the payer shall be the same person who owns the charge or credit card.

 The provider reserves the right to refuse delivery of goods to customers who have previous unpaid orders.

 The online order form, which the customer fills in when placing the order, shall not be deemed valid as an invoice. Regardless of the type of purchase or payment method, the invoice for the purchased goods shall be delivered together with the purchased goods.

 The provider shall keep an electronic copy of the sent invoice in its database for the time/deadline required for keeping such documents in accordance with positive legislation and accounting standards.    

 

 

Article 7 (Delivery)

 

Urbanscape online shop ships the ordered items to the following destinations: Austria, Belgium, Bulgaria, Croatia,  Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

The cost to ship items varies by country and weight of the final package (total order). All shipping rates can be found in section Payment and delivery.

 

The customer can expect delivery of the ordered goods within 1 - 5 working days after placing the online order (depending on the ship-to country). The deadline from the previous sentence may be prolonged due to actions of delivery services that the provider cannot influence.

 

All orders received on a workday by 1 pm will be dispatched in 2 working days.

 

If the customer does not take over the goods in accordance with these GTC and the conditions of the Post of Slovenia (in Slovenia) or the delivery service (DPD) and new delivery is required for reasons due to the customer, the customer shall be charged additional costs of redelivery. If the customer obtained the right to free delivery (valid for Slovenia only) with the purchase (the first paragraph of Article 7 of these GTC), this shall not apply for redelivery, if the delivery failed for reasons due to the customer.    

 

 

Article 8 (Cancellation of Order due to Customer Fault)

 

If the customer made a mistake when placing an order in the UOS or has changed their mind before the ordered goods are delivered, they can notify the provider no later than by 2 pm on the same day that the order was placed by:

telephone at: +386 (0)40 541 848.
email at:
info@grow-at-home.com, where the subject of the email should be Order Cancellation and the text of the email should include the order number, the name and surname of the customer and the address that was provided for the delivery of the ordered goods.

   

 

Article 9 (Withdrawal from the Sales Contract)

 

The customer has the right to withdraw from the contract within 14 days after receiving the ordered goods without having to state the reason for the withdrawal.

 

If the customer has already received the goods and wishes to withdraw from the contract, they need to send them to Talanto d.o.o., Ilirska 6, 1000 Ljubljana, Slovenia without undue delay or no later than within 14 days at own expense. It shall be deemed that the goods have been returned on time if they were returned before the expiry of the 14-day return period. The return of the received goods within the deadline for withdrawing from the contract shall be deemed as notification on withdrawing from the contract.

 

The provider may withhold reimbursement until it receives the returned goods or until the customer sends proof that they returned the goods, whichever is earlier.

 

For reasons of easier processing of the customer's withdrawal from the sales contract, the provider recommends to the customer to include the notification of withdrawal with the returned goods. The form for this notification is available here.

 

The customer may not freely use the items until the withdrawal from the contract. The customer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

If the customer withdraws from the contract, the provider shall, without undue delay or no later than within 14 days after receiving the notification of withdrawal (or after receiving all data that are required for customer identification: name and surname, order number) and the returned goods, reimburse all payments received that relate to the sales contract from which the customer is withdrawing. The payment shall be reimbursed using the same means of payment as used by the customer for the purchase of the returned goods, unless the customer explicitly requests otherwise and the customer does not incur any costs in this respect.

 

If the customer withdraws from a contract where a bonus, discount code or promotional code was used, these amounts shall be considered as discount and not reimbursed to the customer. Only the paid amount shall be reimbursed to the customer's bank account and the used bonus can again be used for the next online order.

 

The provider reserves the right to refuse goods to a customer who misuses the right to withdraw from the contract in accordance with Article 43 of the ZVPot.

 

A customer who is not a consumer pursuant to the ZVPot shall enforce their right to withdraw from the contract in accordance with the valid legislation.    

 

 

Article 10 (Material Defect)

 

A defect is considered to be a material defect:

• if the item does not possess characteristics that are required for its normal use or sale
if the item does not possess characteristics that are required for a special use for which the customer is buying it and which was known to the seller or should have been known 
• if the item does not possess characteristics and features that were explicitly or tacitly agreed or determined
if the seller delivered an item that does not correspond to the sample or model, unless the sample or model was shown only for demonstration purposes.

 

For online purchases, a customer who is a consumer pursuant to the ZVPot may enforce warranty claims due to material defect within two years after handover, which is attested with the original invoice and receipt of delivery of goods.
The customer may enforce their rights by:

• Notifying the seller of the defect within two months from the day when the defect was discovered.
• The customer has to describe the defect in detail in the warranty claim available here and allow the provider to inspect the item.
• The customer may notify the provider of the defect in person, whereby the provider shall issue a receipt.

 

A customer who correctly notified the provider of the defect has the right to request from the provider to:

• eliminate the defect on the goods or
• return part of the paid amount in proportion to the defect or
• replace the defective goods with new impeccable goods or
• reimburse the paid amount.

If the defect is not disputable, the provider shall, without undue delay and in any case no later than within eight days, comply with the customer's demand.
If the defect is contested, the provider shall send the customer a written reply to the demand no later than within eight days of its receipt.
If the provider destroys or loses a product placed with it for repair, maintenance or completion, it shall be obligated to offer the customer the choice either to have the faulty product replaced with a new and identical product or to immediately receive compensation in the amount of the retail price of the new product.

 

The warranty claim shall be valid together with the submitted original invoice, receipt of delivery by the Post of Slovenia and the filled in warranty claim available to the customer here.

 

In cases of granted warranty claims for material defects, the customer shall also be entitled to reimbursement of eventual delivery costs in cases of online shopping.

 

A customer, who is not a consumer pursuant to the ZVPot, shall enforce their right to warranty claims in accordance with the valid legislation.

 

 

Article 11 (Complaints and Disputes)

 

The provider respects the valid legislation on consumer protection and uses its best efforts to fulfil its obligation of setting up an effective system of dealing with complaints. Complaints are submitted by email to info@grow-at-home.com or in writing to the provider's address available on the provider's website. The complaint procedure is confidential.

 

The provider is aware that the essential characteristic of the consumer dispute, as far as judicial resolution is concerned, is its asymmetry between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle why the customer as the consumer does not initiate proceedings before a court. The provider therefore uses its best efforts to solve any eventual disputes amicably or by reaching an out-of-court settlement. If this is not possible, disputes shall be resolved by the competent court with subject matter jurisdiction in Kranj.    

 

 

Article 12 (Safety of Purchase)

 

UOS ensures all required technological and organisational solutions for complete safety of purchasing. The transfer of sensitive personal and transaction data on the website is implemented in safe mode with the help of the SSL (Secure Sockets Layer) protocol. Data are encrypted using a 256 bit key even before they leave the user’s browser and are transferred to our server in protected form. The system thus prevents interception of personal and transaction data sent to the online shop.

 

 

Article 13 (Use of Cookies)

 

Cookies are small text files that most websites store in the devices with which website users access the Internet in order to identify the individual devices that website users have used for their access. Their storage is under the full control of the user’s browser. The user can optionally limit or disable the storage of cookies. Cookies are not harmful and are always time limited.

 

Why are cookies necessary?

• to achieve a better user experience of a website, the displayed content is adapted according to previous website visits
• to store the selection when creating a shortlist of the devices and the sales range and their comparison
• in the parts of websites where login is required, the user is kept logged on 
• in order to recognise the device (computer, tablet, mobile phone), which enables adjusting the content display to the user's device 
• to monitor site visits, which enables control of the efficiency of content display, suitability of advertisements and constant improvement of websites
• cookies are imperative for the functioning of certain services (e.g. online banks, online shops and other forms of e-business, etc.)

 

The UOS uses different types of cookies:

• Required cookies:
These cookies are essential to make the website work correctly. They are set when the user submits a form, logs in or interacts with the website (adds items to the shopping basket, purchase, registration). The user's consent is not required for these cookies and they cannot be disabled.
- The list is prepared by the implementer of the online shop

 

• Functionality cookies: 
These cookies are used to analyse site traffic in order to improve user experience. By using the website, the user agrees to the cookies being installed. Cookies are installed on users' computers when they visit the website. If the user disagrees with the use of cookies, they can disable them at the bottom.
- Google Analytics

 

• Performance cookies:
Cookies from our partners that are installed when continuing with the use of the website and enhance user experience and provision of content that is of interest to visitors of our website. If the user disagrees with the use of cookies, they can disable them at the bottom.
- DoubleClick
- Facebook (social networks)

 

 

Article 14 (Personal Data Protection)

 

The provider undertakes to use and keep the customer's personal and private data and data on purchase habits of individual customers in accordance with the provisions of the ZVOP-1.

 

The provider directly collects the data provided by customers when placing an order. The provider does not disclose these data to third parties or will disclose them only if the provisions of the ZVOP-1 are met. Pursuant to these GTC, the contractual data processing provider is not a third party.

 

With the exception of order-related notifications, the provider does not contact its customers, unless these explicitly agree with such contacts (the fifth paragraph of Article 14 of these GTC).

 

If the customer so requests, the provider shall immediately inform them – in writing and in accordance with the applicable regulations – which personal data were collected during the customer's visit to the www.grow-at-home.com website.

 

By explicitly consenting to storage and processing and by transmission of personal data during participation in award games, subscribing to e-news or performing online purchases, the user allows the provider and its contractual data processing provider to process and store the transmitted personal data in accordance with the ZVOP-1. The provided consent allows the provider and its contractual data processing provider as the administrator of the personal data database to process the collected personal data for the purposes of direct marketing, in particular but not exclusively for the purposes of sampling, polling and statistical processing of data, for establishing use of services, adapting the offer and segmentation, for market research, for notifications about offers, novelties and benefits and for sending e-news and other promotional material of the provider and related business entities.

 

The collected data shall not be disclosed to third parties or shall be disclosed only if the provisions of the ZVOP-1 are met. The users themselves are also responsible for the protection of personal data by ensuring safety of their username and password and that relevant software (antivirus software) is installed to protect their information system or electronic device.

 

The provider and its contractual data processing provider may process these data for own needs until cancellation of consent, including a request for removal of personal data from the database, or only as long as urgently required for realising the purpose for which they were collected, i.e. 10 years for customers of the UOS, 3 months for participants of award games, 10 years for winners in award games and until the user unsubscribes from e-news or until the administrator ceases its activity on the market. While personal data are being managed, the user has the right to inspect and update personal data in the database.

 

 

Article 15 (Unsubscribing from E-News)

 

Users who wish to unsubscribe from e-news can do so by:

• clicking Unsubscribe in the footer of the email and following the instructions for electronic unsubscription,
• sending an email to info@grow-at-home.com with the subject line Unsubscribe from e-news. The request for unsubscribing from e-news has to be sent from the same email address that was used to subscribe to e-news. The user will be notified about successfully unsubscribing from e-news by email.

 

 

Article 16 (Benefits)

 

A discount coupon provides various or code-activated benefits when buying products from the UOS and is limited by time and/or type of products. The active code for the discount can be found on the title page of an advertisement, on the page of an individual category, in an email or in other media.

 

Using the discount code:

• The customer chooses the items that they wish to buy and adds them to the shopping basket. Once they finish adding items to the basket (and determine their quantity), they continue by clicking Proceed to Checkout. The customer chooses the delivery method, provides the delivery address and chooses the payment method.
• As part of the same step, they enter the discount code in the gift voucher, promotional code, discount code field and confirm the entry by clicking Redeem Code. Only one promotional code can be accepted with each order, as discounts and codes cannot be combined.
• The promotional code can be used only for products that are not on sale.
• Once the customer enters the discount code, the value of the discount is automatically subtracted from the price of the order in the final step – Overview of Orders. The remaining sum is the sum payable.
• The discount code is a one-off code, which means that it can only be used once. The value of the discount code cannot exceed the value of the ordered items.

 

 

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