GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of the online store www.shop.smedicina.si, operated by SMedicina d.o.o., Dolenjska cesta 324a, 1291 Škofljica (hereinafter: the provider) determine the rules and conditions of business with aesthetic medicine products offered by the provider.
The General Terms and Conditions are compiled in accordance with - the Consumer Protection Act (ZVPot), the Consumer Protection against Unfair Commercial Practices Act (ZVPNPP), the Electronic Commerce on the Market Act (ZEPT) and the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS).
Company information:
The bidder and his address: SMedicina d.o.o., Dolenjska cesta 324a, 1291 Škofljica
Tax number SI: 55821995
Registration number: 6137172000
Current account at NLB: SI56 0205 8026 2952 877 and SI56 0202 2026 3819 784
The buyer is bound by the general conditions that are valid at the time of purchase (placing an online order).
Availability of information
The provider undertakes to always provide the user / buyer of the online store www.shop.smedicina.si with the following information:
Company identity (name and registered office, register number)
Contact information that enables the user to communicate quickly and efficiently with the provider (e-mail, telephone)
Essential characteristics of the goods or services on offer
Availability of products (each product offered on the website should be available within the period chosen by the customer based on the offered options of the provider)
Conditions of delivery of the product or execution of the service (method, place and deadline of delivery)
Clearly and unambiguously set prices (it must be clear whether they already include taxes and transport costs)
Possible methods of payment
The period within which it is possible to withdraw from the contract and the conditions for withdrawal and the cost to the buyer when returning the product
An explanation of the complaint procedure, including all details of the contact person or customer service
Ordering in the online store
The customer does not need to register in the online store www.shop.smedicina.si, if he does not want to, he can only make a quick online purchase. However, he can register and specify a username that is the same as his e-mail address and password. If a registered customer wishes to change their e-mail address and / or password and other information, they can do so under "My Account".
The registered customer no longer enters all the data required for delivery on subsequent purchases, he can review all his orders, create a wish list.
The distance sales contract between the bidder and the buyer is concluded in the online store www.shop.smedicina.si at the moment when the buyer receives from the bidder an electronic confirmation of receipt of the order, in which all the data of the placed order are displayed. From this moment on, all prices and other conditions are fixed and apply to both the provider and the buyer. The sales contract (i.e. the electronic order confirmation) is stored electronically on the server used by the provider.
The customer can also send the order by phone (every working day between 9 am and 4 pm) or via e-mail to the address: shop@smedicina.si. The content of the message must contain:
· Name and surname
· Shipping address
· Contact telephone number for delivery notification
· Selected products from the offer and quantity
When placing an order by phone or e-mail, the buyer receives an electronic order confirmation with all the details of the order, thus concluding a distance sales contract between the provider and the buyer.
Product prices
The prices of products in the online store are stated in EUR (€), all prices include value added tax (VAT). Prices are valid when concluding a distance contract between the provider and the buyer.
Methods of payment
The customer pays for the ordered products in one of the following ways:
· Via PayPal
· With payment or credit cards
The buyer safely pays for the ordered products by credit or. payment card (Activa, Maestro, MasterCard, Visa, Visa Electron, American Express) when placing an order online.
· Payment to the provider's transaction account
The value of the order is paid in advance by the buyer to the transaction account of the provider SMedicina d.o.o., number SI56020220263819784, opened with Nova Ljubljanska Banka d.d. The package is sent by the provider after receiving the customer's transfer.
Delivery
The provider delivers the products in appropriate packaging, which ensures the confidentiality of the nature of the product.
The ordered products are delivered by the EuroSender delivery service with its contractors.
The price of packaging and delivery with EuroSender delivery service is € 4.00 (including VAT).
Delivery prices are shown separately on the order and invoice; the customer does not pay any additional commission to the delivery services.
Delivery is free for orders over € 100.00 (including VAT).
The stated prices of packaging and delivery are valid only within the Republic of Slovenia. For delivery to other countries, delivery is charged according to the price list of the delivery company.
Delivery time
The provider strives for the buyer to receive the package in the shortest possible time and the products in stock are usually dispatched.
Technical procedures for concluding a distance sales contract
I. Product selection: on the website, the customer selects the product and clicks on the "Add to cart" link. The system notifies him that the product has been successfully added to the cart. If the customer wants to continue shopping, click on the left link "Continue shopping" and return to the online store. When he wants to complete the purchase, he clicks the right link "Complete purchase" and the system takes him to the shopping / quick shopping cart page.
II. Removing / adding a product to the shopping cart: on the website www.shop.smedicina.si in the upper right corner there is a shopping cart icon in which (after clicking on the icon) the user is shown the products he has selected while browsing the online store to the shopping cart. If the customer wants to remove a certain product from the shopping cart, he must click on the cart icon and cross "remove". To correct the quantity of products, click on the "update quantity" pencil icon. If the customer wants to add a specific product to the cart, he must click on the link "cart" at the bottom left. By clicking on the mentioned link, the system returns the customer back to the "shopping cart" page. By clicking on the link "continue shopping", the customer comes back to the online store and adds new products.
III. Data entry: to complete the order, the customer must fill in the required fields.
1. Customer information for delivery: It must provide the required contact information, which is marked with a red asterisk (name, surname, e-mail address, address, place, postal code and telephone number) and is necessary for ordering and delivery.
2. Method of payment: The customer can choose between the methods of payment: cash on delivery, payment to the transaction account of the provider, payment via paypal or by payment / credit card.
4. Order overview: The products that the user has added to the shopping cart in the online store are displayed. Product prices, delivery prices, the value of VAT and the total value to be paid are shown in the shopping cart before the customer completes the order.
IV. Placing an order: The customer can view the submitted delivery information, the payment method he has chosen and the contents of the shopping cart. Before placing an order, the customer must check the box "I agree to the general terms and conditions by placing an order". The customer then confirms the order by clicking on the "Submit order" button. If the order has been successfully completed, the text is displayed on the customer's website: '' Your order has been successfully placed. Thank you for purchasing in our online store. Your order number is xxxxxxxx. We will send you a confirmation e-mail with all the details of the purchase. ''
The technical purchase procedure for legal entities is exactly the same as for natural persons (the methods of payment are the same), except that at the end of the purchase the legal entity also enters the name of the company and the tax number of the company.
Purchase notification process
After placing the order, the buyer receives a notification by e-mail that the order has been accepted or. confirmed. Information on the content of the order is always available to the registered customer on the website.
The bidder may call the buyer on his contact telephone number to verify the data or to ensure the accuracy of delivery.
The consumer's right to withdraw from the contract and return the goods
In the case of distance contracts, the consumer has the right to inform the provider within 14 days by e-mail (shop@smedicina.si) or by post that he withdraws from the contract, without having to state reason for your decision. In doing so, the consumer is only charged with the cost of returning the goods.
The consumer must return the goods to the seller undamaged and in the same quantity.
Pursuant to point 7 of the fifth paragraph of Article 43.č of the ZVPot, the consumer has no right to withdraw from the contract without a reason, if after delivery he has opened the seal of the sealed food supplement.
The consumer is considered to return the goods on time if he sends them before the expiry of the 14-day return period.
The consumer returns the goods to the address SMedicina d.o.o., Dolenjska cesta 324a, 1291 Škofljica. With the return of the goods, the consumer also sends the purchase invoice issued by the provider SMedicina d.o.o. for the goods he returns.
The bidder refunds the payment within 14 days of receiving the notice of withdrawal from the contract. The bidder has the right to withhold the refund until the receipt of the returned goods or until the submission of proof that the buyer sent the product to the bidder. The provider shall return the payment to the consumer with the same means of payment as used by the consumer, unless the consumer requests the use of another means of payment and the consumer does not incur any costs as a result.
Material error and complaint
According to Article 37 of the ZVPot, the error is real:
- if the thing does not have the properties necessary for its normal use or for marketing;
- if the thing does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;
- if the thing does not have the characteristics and qualities that were explicitly or tacitly agreed or prescribed;
- if the seller has delivered a thing which does not correspond to the pattern or model, unless the pattern or model was shown only for the purpose of notification.
Due to a material error, the consumer can complain about the product defect to the provider within the deadlines set by Article 37a and Article 37b of the ZVPot (see https://zakonodaja.com/zakon/zvpot/37a-clen). Pursuant to the provision of Article 37.a of the ZVPot, the consumer may exercise his rights arising from a material defect if he notifies the seller of the defect within two months from the day when the defect was discovered. In doing so, he must describe the defect in detail and allow the provider to inspect the product at his own expense.
As the products have a marked shelf life determined by the manufacturer, it is necessary for the buyer, due to the nature of the product and maintaining the value or health suitability of the product, to inspect the received shipment or goods as soon as possible.
In the event that the buyer, upon inspection of the delivered goods, finds that the products do not have the properties for normal use (eg damaged packaging, broken bottle, damaged contents in the original packaging) or the products do not correspond to the confirmed customer order (type and quantity of products) by e-mail (shop@smedicina.si) or by phone and report the complaint to him. Upon the complaint, the buyer also submits an invoice issued by the provider - SMedicina d.o.o., for the purchase of the complained goods.
The buyer has the right to request at the complaint of his choice:
product replacement, or
- refund of the amount paid for the advertised product.
If the defect is not disputed, the provider agrees with the buyer within eight days at the latest.
If the existence of the defect is disputed, the provider shall respond in writing to the complaint to the buyer no later than eight days after its receipt.
The customer can request the claim form at our e-mail shop@smedicina.si.
Security
The provider uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments of customers, in accordance with the rules of the bank with which it has a contract for payment by credit / credit cards online. Card information is not stored on the server used by the provider.
Protection of personal data
The provider stores personal data of customers and other users of the online store and data on purchases in accordance with the provisions of the law governing the protection of personal data and in accordance with the General Data Protection Regulation in the EU (GDPR).
The provider uses personal data exclusively for the purpose of fulfilling the order (order confirmation, sending invoices, information on the progress of the order) and for sending e-newsletters when the user subscribes to them. The provider does not pass on any information received from customers and other users of the online store to unauthorized third parties.
The user is also responsible for the protection of personal data by ensuring the security of his e-mail address, username and password and the appropriate software protection of his computer.
Limitation of liability
The provider strives to ensure the timeliness and accuracy of all information published on the website. However, product features, delivery times or prices may change so quickly that the provider is unable to correct the information on the website. In this case, the provider notifies the customer of the changes and allows him to withdraw from the contract or replace the ordered product.
Exclusion of liability
In case of technical problems, the bidder reserves the right to cancel the awarded contracts affected by the technical error. It informs the customer about the cancellation of the order as soon as possible and informs him of further necessary activities regarding the order.
Complaints and disputes
The provider respects the applicable regulations on consumer protection and makes every effort to fulfill its duty to establish an effective system for dealing with possible complaints. The buyer submits the complaint via e-mail address: shop@smedicina.si or in writing to the address SMedicina d.o.o., Dolenjska cesta 324a, 1291 Škofljica.
The appeal procedure is confidential. Within five working days, the bidder confirms that he has received the complaint and informs the buyer how long it will take to process it and keeps him informed about the progress of the procedure.
The provider is aware of the disproportion between the possible value of claims in disputes in the online store www.shop.smedicina.si and the costs that would be incurred in the event of a lawsuit, so it does not advise consumers to resolve such disputes and strives to resolve any dispute amicably.
In the event that the buyer decides to resolve the dispute in court, the court with the consumer's domicile has jurisdiction.
Pursuant to (3) paragraph of Article 32 of the ZIsRPS, the provider does not recognize any provider of out-of-court settlement of consumer disputes that the consumer could initiate in accordance with the ZIsRPS.
The provider enables online shopping in the territory of Slovenia and publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS).
Online resolution of consumer disputes is carried out in accordance with ZIsRPS, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 / EC.
Reporting of suspected adverse or adverse effects of dietary supplements
In SMedicina d.o.o. we are committed to monitoring any adverse effects of the use of our products both in accordance with the highest quality standards of production of the products themselves. As in accordance with the rules governing the market of food supplements in the EU Member States and regulated by EFSA (European Food Safety Authority) and in accordance with the Slovenian rules of the Rules on food supplements.
The manufacturer of the available products monitors the alleged side effects of their consumers uniformly on the global / global market and answers our customers' questions related to the suspicion of side effects or adverse effects on an ongoing basis (on average within 72 hours). However, in order for the manufacturer to be able to give his answer regarding a possible side effect for an individual consumer, it is necessary for them to provide us with credible information and to fill in the attached form for this purpose.
The consumer must also fill in the same information when he wants to report the alleged adverse or harmful effects for verification via the European Nutrivigilance Association, in which Slovenia is represented by the NIJZ - National Institute of Public Health.
REGULATIONS:
Consumer Protection Act (ZVPot)
http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO513
Consumer Protection against Unfair Business Practices Act (ZVPNPP)
http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5064
Electronic Commerce on the Market Act (ZEPT)
http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4600
Health Adequacy of Foods and Products and Substances in Contact with Food Act (ZZUZIS)
http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1381
Rules on food supplements
http://pisrs.si/Pis.web/pregledPredpisa?id=PRAV4401
DIRECTIVE 2002/46 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 June on the approximation of the laws of the Member States relating to food supplements
https://eur-lex.europa.eu/legal-content/SL/TXT/?uri=celex%3A32002L0046
Regulation (EU) no. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online settlement of consumer disputes and amending Regulation (EC)
https://eur-lex.europa.eu/legal-content/SL/TXT/?uri=CELEX%3A32013R0524
Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS)
http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6843
REGULATION (EC) No REGULATION (EC) No 1924/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 December 2006 on nutrition and health claims made on foods.
https://eur-lex.europa.eu/legal-content/SL/ALL/?uri=CELEX%3A32006R1924