Online Art & Design Store Terms and Conditions
1. General
These Terms and Conditions of the Online Art & Design Store (hereinafter: “the Terms and Conditions”) cover the sales on the store.ateljegalerija.si website (hereinafter: “the online store ” and “online sales”), which is administered and owned by Atelje Galerija, prodaja umetniških izdelkov, d.o.o., Gallusovo nabrežje 29, 1000 Ljubljana, Slovenia, company registration no.: 3399940000, VAT-ID no.: SI 45476217 (hereinafter: »the company«).
These Terms and Conditions set out the operations of the online store, the rights and obligations of users or customers and the company, and the business relationship between the company and the customer. A customer is any private individual eighteen or older identified and registered with the data provided in the online order form. The company only sells its products in the online store to private individuals, who buy and use them outside their professional and/or profitable activity and not for further commercial purposes. This is governed by the Slovenian Consumer Protection Act, the Personal Data Protection Act, the Electronic Commerce Market Act, and other relevant laws. Different or additional terms of sales can be agreed in a separate contract. These Terms and Conditions do not apply to purchases made by legal entities. These purchases are governed by the sales contract concluded between the company and the legal entity.
The user or customer is bound to the Terms and Conditions applicable at the time of placing the online order. By confirming the purchase, the customer also confirms the applicable Terms and Conditions, which means that the customer fully and unconditionally accepts these terms and confirms that he or she understands them. Any terms that the customer may express when placing an order have no legal effect on the company.
The company reserves the right to change these Terms and Conditions without prior notice or warning, allowing the changes to be tracked on its website.
2. Creating an account
Customers can create an account in the online store before placing an order. In order to do this, they must enter all the data required in an e-form to receive a user ID and password, based on which customers can be connected with the data entered.
Customers guarantee the data entered in the registration form are accurate and true, and they assume liability for any false, untrue, or fabricated data. In the event of errors, misuse, or violations on the part of the customer, the company reserves the right to claim compensation for damages incurred.
3. The range of products offered in the online store and pricelist
Due to the nature of online sales, the range of products offered in the online store is often and quickly updated and changed. As a rule, the online store offers products that are in stock. If a product is no longer in stock, the company notifies the user (customer), cancels the order, and refunds any sum that he or she may have already paid.
Given the nature of our products, we strive to display their colours and images as accurately as possible in the online store, but deviations may nonetheless occur. However, this does not mean a product is faulty. Unless explicitly provided otherwise, any stands, frames, and so on depicted in the online store are only provided as examples, and the product itself is sold and delivered to the customer without such additional elements.
Products are delivered within seven working days to addresses in Slovenia. The delivery times are informative only and the company is not bound by them. In no case can late delivery entail damage incurred to the customer or form grounds for default interest claims or cancellation of the order. The products are delivered by mail or delivery service to the address provided in the order. By confirming the order, the customer agrees to claim the shipment within the deadline specified by the post office or delivery service. Failing this, the customer shall reimburse the online store for any costs and damages incurred by not claiming the shipment.
The online prices apply to purchases made in the online store. All prices apply at the time of placing the order, without predefined validity, and only apply until they are changed. Even though the company strives to provide up-to-date and accurate information, it may happen that a certain price is inaccurate. In this case or if the price of a product changes while the order is being processed, the company immediately notifies the user (customer) and allows him or her to cancel the purchase or offers him or her a solution that is acceptable to both.
All prices in the online store are in euros. Any VAT or other taxes are provided in the order and on the receipt.
4. Making a purchase
Select a product in the online store and click “Add to Cart” to add it to your shopping cart. In the cart, you can check your list of selected products, change their quantity, or remove an item. To add new items to the cart, click “Continue Shopping”. The items you have already added to your cart will remain there until you complete the order or remove them from the cart.
When all the items you wish to order are in your cart, click “Check Out”. You will be then asked to log in or register with the online store with your user ID and password. You can also place your order without creating an account by simply providing your e-mail (Check Out as Guest).
After this you will be asked to enter or check your contact details and select the delivery and payment methods. If you already have an account, check your contact details and select the method of payment and delivery. If you are a new customer, enter the required contact details and select the method of payment and delivery.
The company offers the following payment methods to online customers:
- Prepayment via bank transfer (using a proforma invoice);
- PayPal (after placing the order you are automatically redirected to the PayPal website, where you enter your credit card details and make the payment)..
When placing the order, you also select the method of shipping, for which you pay the costs displayed.
The shipping costs are displayed with every shipping method available for an individual item in the online store.
After this, review and confirm your order. Here, you should check the data entered and the items ordered. If you agree with the data entered and the company’s Terms and Conditions, check “I’ve read and accept the terms and conditions” and submit your order by clicking “Complete Order”. Your order has been submitted and you will receive an order confirmation e-mail..
5. Sales contract
A sales contract between the company and the customer is concluded when the company confirms the online order submitted and sends the customer an order confirmation e-mail. From that moment on, all the prices, delivery details, and other terms are fixed and binding on both the company and the customer.
The company also sends a receipt to the customer when or after the products are delivered. The receipt contains a breakdown of prices and all costs related to the purchase. The customer must check the data on the receipt and notify the company of any errors within eight days of receiving it. Any later complaints about the receipt shall not be taken into account.
6. Right to cancel a purchase and product return
The customer has the right to cancel this contract within fourteen days without providing a reason. The cooling-off period is fourteen days after the customer takes physical possession of the goods or this possession is obtained on his or her behalf by a third party that is not a carrier and has been designated by the customer for this purpose.
In order to exercise their right to cancellation, customers must inform Atelje Galerija, Gallusovo nabrežje 29, 1000 Ljubljana, Slovenia (store@ateljegalerija.si) of their decision to cancel the contract with a clear statement (i.e., a letter sent by post or e-mail).
To meet the cooling-off deadline, it is sufficient for them to send their communication concerning their exercise of the right to cancel before the cooling-off period has expired.
Effects of cancellation
If the customer cancels this contract, the online store shall refund the customer all payments received, including delivery costs (except for additional costs arising from not selecting the most cost-effective standard method of delivery offered by the company), without undue delay and in any case no later than fourteen days of receiving the contract cancellation notice. The company shall make the refund using the same payment method as the one used in the original transaction, unless explicitly agreed otherwise; in no case shall the consumer bear any costs related to this refund. The online store may withhold the payment until it receives the returned goods or until the consumer sends proof of having returned the goods, depending on which happens first.
The customer shall return the goods without undue delay and in any case no later than fourteen days after he or she notified the online store about the cancellation, whereby the goods must be returned in a manner allowing them to be returned safely and in the same manner that they were sent to the customer. The deadline shall be deemed to have been observed if the customer returns the goods before the fourteen-day deadline has expired. The consumer shall cover all the direct costs of returning the goods. The consumer shall only be liable for reduced value of the goods caused by handling the goods in any manner other than necessary to become acquainted with their character, properties, and functioning.
The consumer shall return the goods to the following address: Atelje Galerija, Gallusovo nabrežje 29, 1000 Ljubljana, Slovenia. We are not liable for loss of or damage to items being returned.
7. Purchase and personal data security
The company uses appropriate technological and organizational means to protect the online transfer and storage of personal data, orders, and payments, and to make possible secure purchases in the online store, protected against misuse.
Security is also the responsibility of customers themselves, who must ensure safe access to their user data and passwords, and have appropriate software and antivirus protection installed on their computers.
Customers guarantee all the data they have submitted are accurate and true.
Information on personal data protection is provided in the Personal Data Protection Policy.
8. Damaged shipments and material defects
From the moment it dispatches the products ordered to the post office or courier, the company is not liable for any physical damage to, destruction of, or loss of the shipment, any lack of content, or signs of opening. In such cases, the customer must initiate a complaint procedure with the delivery service (i.e., the Post of Slovenia or a courier service) and complete and sign a report on the damaged shipment at this service.
In the event of material defects, the company is only liable for products with a defect that was not visible to the customer upon delivery, whereby it must be taken into account that in its online store the company sells artwork with or without limited functionality, which cannot be considered a material defect. If a product from the online store is intended for functional use, it is deemed that it has a material defect when it does not have the characteristics required for it to function normally; it does not have the characteristics and merits that were expressly or tacitly agreed or prescribed; or the seller ordered a product that does not match the relevant sample or model unless the sample or model was displayed for representative purposes only. Customers must inform us of any material defects by providing a detailed description of the defect within the statutory period and at their own cost. Material defect claims are governed in detail by the Slovenian Consumer Protection Act.
The right to a return or replacement does not apply to products damaged during transport (in this case, the customer must inform the carrier of the damage upon delivery) or products damaged due to mishandling on the part of the customer, not following instructions for use, or abnormal use.
Notifications on product defects must be e-mailed to: store@ateljegalerija.si. When returning a product, the customer must also enclose a copy of the receipt. The return shipping costs shall be covered by the customer. The company examines the product to determine if the complaint is justified and then decides whether the product should be replaced or repaired. If it determines that the product has an actual defect for which the company is responsible and that the product needs to be repaired or replaced, it also refunds the return shipping costs to the customer.
9. Copyright and Other Rights
The products offered in the online store are protected by copyright, industrial property rights, and/or other rights. Information on copyright protection is provided in the Legal Notice.
10. Complaints and disputes
The company complies with the applicable consumer protection laws and has an effective customer complaint management system in place.
In the event of problems, users (customers) can call +386 1 781 9211 or e-mail their complaints to: store@ateljegalerija.si. The complaint management procedure is confidential.
We will strive to resolve any complaints as soon as possible and also notify you of the procedure.
The online store does not recognize any out-of-court dispute settlement provider as competent for resolving consumer disputes related to purchases in the online store. However, you can file a complaint on the EU Commission’s online dispute resolution platform (the ODR Platform). (Platforma za SRPS).
If your complaint cannot be resolved amicably, the court with general territorial jurisdiction or the court in the territory where the customer (consumer) has permanent or temporary residence shall have jurisdiction to resolve disputes.
11. Governing law
These Terms and Conditions and any disputes between the company and the user (customer) shall be governed and construed by Slovenian law. The relevant provisions of the Slovenian Code of Obligations, Electronic Commerce Market Act, Personal Data Protection Act, and Consumer Protection Act shall apply mutatis mutandis to any relationships, rights, and obligations not covered by these Terms and Conditions.