General terms and conditions
General terms and conditions Gostarlife
The Gostarlife online store and the website gostarlife.com are managed by GAREX ADRIA d.o.o.
GAREX ADRIA d.o.o.
Cesta k Tamu 12
Registration No.: 6826636000
Tax number: SI 34195009 (the company is liable to pay VAT)
Entered in the Business Register of Slovenia on 13 April 2015 at the registration authority of the District Court in Maribor; Srg number: 2015/14394
IBAN: SI56 6100 0001 1080 366 opened with DH d.d.
E-mail address: firstname.lastname@example.org
phone: 00386 (0)8 205 06 22
I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS
Throughout the website, the terms "we", "us" and "our" refer to Garex Adria d.o.o. Garex Adria d.o.o has provided this website ("Website"), including all information, tools and services available on this Website for you, the user, conditioned upon your acceptance of all terms, conditions and notices stated herein.
By visiting our Website and/or by purchasing from us, you agree to be bound by the following General Terms and Conditions (hereinafter: the "GTC"), including the additional terms and policies listed here and/or available through the link provided in these GTCs. These Terms of Service apply to all users of the Website and form an integral part of the Contract between us and Buyers. At any time, the GTCs in effect supersede all prior or contemporaneous agreements, communications and proposals between Buyers and us (including, but not limited to, all prior versions of the GTC).
Please read the GTC carefully before using our Website and/or before placing an order.
You can review the latest version of the GTC at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Website after any changes have been posted constitutes your acceptance of those changes.
The Buyer is bound by the GTC valid at the time of purchase (at the time the order is confirmed).
Our store is hosted by Wix.com, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
The GTCs are drawn up in accordance with the Consumer Protection Act (hereinafter: the "CPA") and bind the consumer only if they were familiar with the full text before concluding the Contract. It is considered that the consumer was familiar with the entire text of the Contractual conditions if we explicitly pointed the GTCs to them and if the GTCs were accessible to them without problems.
II. ONLINE STORE TERMS
You must not use our products for any illegal or unauthorized purpose, nor violate the laws of your country of residence.
Violation or breach of any of the Terms will result in immediate termination of our Services.
The prices of our products are subject to change without notice. We are bound by the prices that are published at the moment of confirming the order to the Buyer.
We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
Our products are intended for adults. By agreeing to these Terms of Service, you represent that you are of legal age in your country or state of residence and have given us your consent to allow all of your minor dependents to use this Website.
"Consumer" is, according to these GTCs, any natural person who acquires or uses goods for purposes outside of their professional or gainful activity.
All prices listed on the website are in EUR and include VAT. The prices listed on the website do not include the costs of delivery and return of the products. These charges are calculated in accordance with the Shipping Policy, which is available at this link.
The prices on the Website do not include any customs duties and other taxes that may be charged by the Buyer's individual country.
The Contract is concluded the moment we confirm your order, of which you will be informed by email confirming the order. From that moment on, all prices and other conditions are fixed for both Contracting Parties. If the price changes during the processing of the order or if an obviously incorrect price has been specified, we will offer the Buyer the option of withdrawing from the Contract without additional costs.
Buyer orders can reach the Buyer in several different shipments. In such a case, the Buyer is not charged for additional costs arising from this title. If the order does not reach the Buyer within the agreed time, the Buyer should contact us at the email address specified in these General Terms and Conditions. All shipping and delivery terms are available here.
V. CAMPAIGNS AND PROMOTIONAL CODES
Discounts are not cumulative unless otherwise stated in the campaigns. It is not possible to add an additional promotional code during the order submission process to items that are already discounted.
A promotional code gives the Buyer many advantages when shopping in our online store (discounts, free shipping, etc.). Promotional codes can be found in various advertisements, e-mail messages, etc.
The validity of a promotional code is limited in time, which means that the code can be used within the time period specified for each code.
The user inserts the code in the "Insert promotional code" box during the order submission process. Once the code is validated, the resulting benefit is deducted from the value of the order, and the user pays the difference up to the total value of the order.
Only one promotional code can be used per order.
VI. HOW TO ORDER
Ordering is available through the Website.
To order services from us, you must register on the Website.
After clicking on the "Buy now" button, the Buyer confirms the order and confirms that they agree with the GTC, which the Buyer confirms by clicking on a special button. If the Buyer has provided their email address, they will receive a confirmation email. If for any reason we are unable to process or fulfil the Buyer's order, we will notify the Buyer accordingly. In such a case, we will try to return the payment using the same transfer that was used for payment. If this is not possible, we will contact the Buyer and agree on a method of transfer.
Buyer agrees to always provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update their account and other information, including email address and credit card numbers and expiration dates, so that we can complete the transactions and contact the Buyer if necessary.
We reserve the right to exceptionally withdraw from the Contract if the products are no longer available, if it is found that the Buyer is unable to pay or if there is an obvious error in the price list. We will notify the Buyer immediately of all such cases.
We constantly strive to ensure the accuracy and correctness of the information published on the Website.
Nevertheless, the information available on this Website may change so quickly that we may not be able to update all current information on the Website in a timely manner, and as a result, the information may not be accurate, complete or up-to-date. In such a case, we will allow the Buyer to withdraw from the Contract or replace the ordered product in accordance with these GTC.
We are not responsible for possible language deficiencies, technical or other errors or for
incorrectly updated information on the Website.
We reserve the right to temporarily disable the Website due to technical problems or maintenance work. In the event of technical difficulties, we reserve the right to cancel all orders placed during the period of technical difficulties. In these cases, we will notify all Buyers immediately of technical problems and provide further instructions. The Buyer or the person who accesses our Website must ensure the security of their technical equipment and the security of user names and passwords on the Website while visiting the Website.
We have made every effort to display the colours and images of our products that appear in the store as accurately as possible. We cannot guarantee that the display of any colour on your computer monitor will be accurate. All photos published on the Website should be taken as symbolic.
We reserve the right to limit the sale of our products to a specific geographic region. We may exercise this right on a case-by-case basis.
We cannot guarantee that the quality of the products you have purchased will meet your expectations.
We are not liable to fulfil any obligations under these Terms of Service if such failure is due to an event that was unforeseeable or beyond our reasonable control, such as flood, government action, terrorist activity, riot, storm, war, fire, or that corresponds to the definition of force majeure from the Code of Obligations (Official Gazette of the RS, no. 97/07 – official consolidated text, 64/16 - Dec. by The CT and 20/18 – OROZ631).
Certain content, products and services available through our Service may include materials from third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for any third-party materials or websites, or for any other third-party materials, products or services, or for any damages related to the purchase or use of a product from a third-party website. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to third party.
VIII. RIGHT TO WITHDRAW FROM CONTRACT FOR CONSUMERS
The right to withdraw from the Contract as defined in this chapter applies only to consumers. A "Consumer" is any natural person who acquires or uses goods for purposes outside of their professional or gainful activity.
In the case of distance Contracts, the Consumer has the right to withdraw from the Contract within 14 days without giving a reason. The withdrawal period is counted from the day of delivery of the last item in your order. The only cost charged to the Consumer in connection with withdrawal from the Contract is the indirect cost of returning the goods.
The Consumer is reminded that the goods delivered are sealed. When delivering sealed goods that are not suitable for return due to health protection or hygiene reasons, the Consumer, if they have opened the seal after delivery, does not have the right to withdraw from the Contract, since dietary supplements are no longer suitable for return after they have been opened for hygiene and health reasons.
To exercise the right to withdraw from the Contract, you must inform us of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post or email).
The easiest way to exercise your right of withdrawal is to simply complete the withdrawal form available at the following link - Contract Withdrawal Form.
Please send the completed and signed withdrawal form by e-mail to: email@example.com or to the address Garex Adria d.o.o., Cesta k Tamu 12, 2000 Maribor, Slovenia.
In order for the deadline for withdrawing from the Contract to be taken into account, it is sufficient that the notification regarding the exercise of the consumer's right to withdraw from the Contract is sent before the expiry of the withdrawal period from this Contract.
If the Consumer withdraws from the Contract, the Company will refund all payments received, including delivery costs, without undue delay, but no later than within 14 days from the date of receipt of the notice of withdrawal. Such reimbursement is carried out by the Company using the same means of payment as was used in the execution of the original transaction, unless expressly agreed otherwise; in no case shall the Consumer bear any costs as a result of this refund.
We may withhold the refund until we receive the goods back or until you provide proof that you have sent the goods back, whichever comes first.
You must send the goods back or hand them over to us without undue delay, but in any case no later than 14 days from the day on which you notify us of your withdrawal from the Contract. The deadline is met if you send the goods back before the 14-day deadline expires. You will bear the direct costs of returning the goods. Costs are estimated in EU countries according to the shipping costs listed in the Shipping Policy.
You are only responsible for any reduced value of the goods resulting from conduct that is not necessary to determine the nature, properties and functioning of the goods.
The direct costs of returning the goods are borne by the Consumer. If the goods are forwarded at the Company's expense, the Consumer agrees that the amount of direct costs for returning the goods is deducted from the refund of the purchase price. The Company is not responsible for the loss of the returned product during shipping. For this purpose, the Buyer is advised to take out appropriate insurance for the shipment.
IX. MATERIAL DEFECTS
The Buyer can claim a material defect in the delivered products to the extent that the products have a defect or are damaged.
Consumers claim material defects in accordance with the provisions of the Consumer Protection Act (hereinafter: the "CPA").
According to the CPA, a defect is material where:
1. The item does not have the properties necessary for its normal use or for circulation;
2. The item does not have the properties necessary for the specific use for which the Buyer is buying it, but which the Seller was aware of or should have been aware of;
3. The item does not have the characteristics and features that have been expressly or tacitly agreed upon or prescribed;
4. The Seller has delivered an item that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.
The Consumer can assert their rights from a material defect if they inform the Seller about the defect within two months from the day the defect was discovered. The Consumer, at their own choice, requests the rectification of the defect or refund of the amount paid in proportion to the defect or replacement of the goods or refund of the amount paid. In the defect notification, the Consumer shall describe the defect in more detail and allow the Seller to inspect the item. The Company must respond to the Consumer's request in writing no later than eight days after receiving it if the existence of a defect in the goods or an irregularity in the service provided is disputed. If the existence of a defect in the goods is not disputed, the Company must comply with the Consumer's request under 37.c of the CPA as soon as possible, but no later than within eight days. If there is a dispute about the existence of a defect, the Company shall inform the Consumer of its position within 8 days.
All persons who are not consumers shall claim material defects on products in accordance with the provisions of the Code of Obligations (Official Gazette of the RS, no. 97/07 – official consolidated text, 64/16 - sDec. by The CT and 20/18 – OROZ631).
X. OPINIONS, RATINGS AND RECOMMENDATIONS
We have the right to use (edit, copy, publish, distribute, translate and otherwise use) the content of the opinion or comment indefinitely and for any purpose that is in our business interest, including publication in advertisements or other marketing communications. You agree that we may use any comments, opinions, suggestions you submit to us at any time without restriction in any medium.
We allow any user of the online store to write an opinion, and we will review all opinions before their final publication. We will not publish opinions or contributions that are in any way offensive, inappropriate or that, in our opinion, do not provide benefits to other users and visitors.
We are not responsible for the information in the opinions and we disclaim any responsibility that may arise from the opinions of users.
All information on our Website is for informational purposes only and is in no way intended as a substitute for the advice of your doctor or medical staff. Products and product claims have not been evaluated by government institutions and are not intended to treat or prevent disease.
XI. PROHIBITED USE
In addition to other prohibitions as set forth in the terms of service, Buyers or users of the Website are prohibited from using the Website or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) violate any regulations, rules, laws; (d) infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or could be used in any way that will affect the functionality or operation of the Service or any linked website, other websites or the Internet; (h) collect or track personal information of others; (i) send spam or (k) interfere with the security features of the Website.
We reserve the right to terminate the use of the service in the event of the above prohibited conduct.
XII. VIOLATION OF THE GTC
In the event that the Buyer violates the provisions of these GTC or the provisions of the Contract, we have the right to withdraw from the Contract without further notice to the Buyer. In such a case, we will return all sums already paid to the Buyer.
We have the right to withdraw from the Contract if the Buyer does not fulfill their obligations, if the Buyer provides false information that makes it difficult or impossible to fulfil the Contract, or if the Buyer does not pay their obligations in accordance with the GTC and the Contract.
In the case where due to a violation of the GTC by the Buyer/user, any damage occurs to the website of GAREX ADRIA d.o.o., to the director, employees of our Company, our suppliers, subcontractors, etc., you undertake to compensate the resulting damage in full, which includes ordinary damage, lost profit and all costs that are incurred to us in this regard.
The invalidity of individual provisions of these GTC does not affect the validity of other provisions. In the event of invalidity of one of the provisions, the Contracting parties will, in accordance with the intention of the parties and in accordance with the foundations of the business, agree on additional provisions that correspond to the intention and will of the parties.
XIV. SHIPMENT OF GOODS
If the Buyer is a consumer, the risk of loss or damage to the shipped goods passes from the Company to the Consumer when the goods are physically received or when the goods are physically received by a third party who is not the carrier and is named by the Consumer for this purpose. If the Consumer has ordered transportation with a carrier that was not offered by the Company, the risk of destruction or damage to the goods, regardless of the previous paragraph, passes to the Consumer upon delivery of the goods to the carrier without prejudice to the Consumer's right to choose the carrier.
In the case where the Buyer is not a consumer, in the event of destruction or damage to the goods as a result of force majeure or reasons beyond our control, the Buyer is responsible for the damage or destruction.
The shipping policy is regulated in more detail at the following link: Shipping Policy
XV. PERSONAL DATA
We retain ownership right, copyright and related rights as well as industrial property rights on all documents that are necessary or provided in connection with the conclusion or execution of the Contract.
All data, including the online store (images, graphics, video elements, etc.) on the Website are protected and may not be reproduced or used without our prior consent.
XVII. APPLICABLE LAW AND JURISDICTION
The law of the Republic of Slovenia applies to the Contract between the Buyer and the Company, including the assessment of these General Terms and Conditions and the Policy of Sending Goods, Withdrawal from the Contract and Return of Goods, and the jurisdiction comes under the Slovenian court based on the registered office of the Company.
XVIII. INFORMATION ON THE APPEAL PROCEDURE
We accept Buyer comments and complaints by email firstname.lastname@example.org or by regular mail Cesta k Tamu 12, 2000 Maribor, Slovenia. The process is confidential. After receiving a Buyer's complaint, we will notify the Buyer within 5 working days that we have received the complaint and how long it will take to deal with it, as well as keep the Buyer informed about the progress of the complaint resolution. If the dispute cannot be resolved amicably, the court in Maribor has real jurisdiction.
In accordance with the legal regulation, we do not recognize any provider of alternative resolution of consumer disputes as competent for the resolution of a consumer dispute initiated by the Buyer as a consumer in accordance with the Act on Out-of-Court Settlement of Consumer Disputes Act (Official Gazette of the Republic of Slovenia, no. 81/15).
As a provider of goods that enables online trade in the EU area on its website in accordance with Regulation (EU) no. 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), we provide our consumers with an electronic link to the platform for online resolution of consumer disputes (ODR). The platform is available at the following link: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_sl .