The general terms and conditions of the www.belyke.com webstore

1. GENERAL

The General Terms and Conditions for the operation of the BeLyke webstore (hereinafter referred to as “the General Terms and Conditions”) set the conditions for buying and selling products through the webstore run by the company Absint d.o.o., Celovška cesta 291, Ljubljana, 1000 Ljubljana (hereinafter referred to as: the Supplier, Representative, or the Seller), registered to perform on-line sales service. The BeLyke’s webstore (hereinafter referred to as “the webstore”) allows the purchase of food supplements, cosmetics and other products via the following internet address: www.BeLyke.com.

The general conditions are drawn up in accordance with the Consumer Protection Act (ZVPot-1) and other applicable Slovenian legislation. The General Terms and Conditions are published publicly and are permanently accessible and visible on the www.BeLyke.com. website. The Buyer is expressly reminded of the The General Terms and Conditions and is obliged to read and agree to them prior to making a purchase. If the Buyer does not agree with them, the Buyer cannot make their purchase. The Supplier reserves their right to at any time and without prior notice amend the webstore’s General Terms and Conditions. Amendments shall enter into force on the date they are published. Any amendments to the General Terms and Conditions shall be binding on users. The individual buyer shall be bound by those General Terms and Conditions to which they agree at the time of purchase.

2. DEFINITION OF TERMS IN THE WEBSTORE

The following terms are used in the webstore:

• A webstore User is a person who uses the webstore.
• A Registered user is a user who has registered and thus obtained a login password and webstore user account.
• Quick purchase user (Guest) is a user who makes a webstore purchase without registering, by choosing the quick purchase option.
• A webstore Customer is a user who makes a purchase through the registration or quick purchase process. A buyer can be a consumer.
• An order or a purchase represents any product ordered by a customer in the webstore.

3. ORDER

Products can be ordered in the webstore 24 hours a day, 7 days a week. Products can be ordered in the Slovenian language and are delivered within the European Union. An order may be placed by a natural person.

An order becomes valid and irrevocable once the Buyer submits it (by clicking/tapping the “complete purchase” button in the shopping cart). Soon after, the Buyer receives a notification from the Supplier, informing them that the order was successfully placed. This notification does not serve as confirmation that the product is in stock or that the shipment process has been initiated. When paying by credit card, the order will be confirmed and dispatched in no later than 4 working days after being placed. Once the total amount of the order is credited to the Supplier’s bank account, the order is paid.

If the ordered product is out of stock or the order cannot be completed due to other reasons, the Buyer will be notified through e-mail.

If the Supplier suspects that the webstore has been misused, they may reject the order. By placing an order, the Buyer confirms that they are familiar with the General Terms and Conditions and that they were expressly informed of their existence.

The purchase contract is stored with the Supplier and can at any time be accessed by the Registered user in the webstore via their user account. In any given circumstances, the User may request to obtain the purchase contract by e-mail: prodaja@belyke.com.

4. CONLCUDING A CONTRACT

4.1. Steps leading to the conclusion of the Contract

The following steps are available for the conclusion of the purchase contract:

• Logging in to a webstore with a username and password, or searching for a specific product in the webstore’s product range;
• Selecting a product or products in the webstore;
• Adding the selected product to the shopping cart;
• Choosing the quantity of the product to be purchased in the shopping cart;
• Review of the price of the selected product in the selected quantity;
• Buyer details, whereby the already registered users log in with their username and password, or select the Quick Purchase option, where they enter the mandatory information;
• Adding delivery address, if it differs from the address provided by the Buyer at the stage indicated in the preceding indent;
• Choosing a payment method (credit card);
• Review of the order with potential delivery costs;
• Confirmation and submission of the order and thereby the completion of the purchase.

4.2. Technical means for the detection and correction of errors prior to submitting an order

Prior to the conclusion and placement of an order, the User, in this case the Buyer, shall be given the option to:

• See and review which products they have selected and added to the shopping cart;
• View and review the price of each product and the total price of the total quantity selected for each product;
• See the price and quantity of all the selected products;
• Change the quantity of selected products;
• Remove the products from the shopping cart;
• Add an option for a company invoice;
• Change the payment method.

Absint d.o.o., as the Supplier, sends a confirmation about receiving the order to the e-mail address which the Buyer provides. All orders shall be stored electronically with the Supplier.

5. PRICES

All prices are in Euro (EUR) and include Value Added Tax (VAT) and exclude delivery expenses or postage. Prices and discounts at the time of purchase apply. The period of validity of promotional prices is indicated in the webstore. Promotional prices or special discounts applicable at the time of purchase are automatically calculated and applied when an order is placed and don’t have to be specifically claimed. If, for any reason, the promotional price or a discount is not applied to the total amount in the system, the User must inform the Supplier in advance and request the correction of the total amount, or the correction of the price error. If the Buyer pays the total amount that was calculated without the application of a specific discount or promotion price, it is deemed they have implicitly (without an objection) agreed to the price from the total amount. However, depending on the individual circumstances, the Supplier may, at their own discretion, decide to reimburse the Buyer for the price difference, or offer the Buyer credit for future purchases from the webstore.

The listed prices apply only for purchases made in the webstore. We reserve the right to, without prior notice, make daily changes to the prices of products in the webstore.

6. METHODS OF PAYMENT

Delivery to Slovenia: for delivery within Slovenia, the webstore offers the Buyer 1 payment option:

• payment by credit card: Visa, Mastercard, Maestro, BA and Diners Club. Upon placing an order, the Buyer is redirected to the Bankart secure payment system.

Orders will be dispatched as soon as the payment is received. Until the full purchase price is paid, the ordered goods remain the property of the Supplier.

International delivery: in the webstore, Buyers requiring delivery outside of Slovenia (to a country of the European Union) have a single payment option:

• payment by bank cards: Visa, Mastercard, Maestro, BA. Upon submitting an order, the Buyer is redirected to the Bankart secure payment system.

7. DELIVERY

8. DELIVERY PERIOD

Delivery in Slovenia: The estimated delivery time for an order of products in stock is normally 3–7 working days. For products that are currently out of stock, the delivery time is individually indicated for each product (approximately 1 week). If the products have to be ordered and the delivery time is longer than 14 working days, the Supplier shall inform the Buyer in advance by e-mail. The number of total days required for delivery may vary, as once the parcel is handed over, Pošta Slovenije handles the delivery.

International delivery: The estimated delivery time for orders in stock is 7-14 days. For products that are currently out of stock, the delivery time is approximately 14-21 days. If the products have to be ordered and the delivery time is longer than 14 working days, the Supplier shall inform the Buyer in advance by e-mail. The number of total days required for delivery may vary, as once the parcel is handed over, Pošta Slovenije handles the delivery.

9. RETURNS

The Buyer holds the right to, within 14 days from the date of purchase, inform the Supplier of their withdrawal from the Contract, without being required to provide reasons for their decision. They can notify the Supplier of their withdrawal through the following e-mail address: prodaja@belyke.com.
The Buyer shall only be required to cover the cost of returning the goods.

The Buyer shall inform the Supplier of their withdrawal through a form (form available here), or by an unequivocal statement, in which they clearly indicate that they are withdrawing from the Contract. The notice of withdrawal must be sent within the period prescribed for withdrawal from the contract. A notice of withdrawal shall be deemed as timely if it is delivered prior to the expiry of the 14-day return period.

In the event of withdrawal from the Contract, the Supplier shall immediately, or no later than in 14 days from receiving the notice of withdrawal, refund all payments received from the Buyer.

We may withhold the processing of refund until we receive the returned goods or until you provide proof that the goods were sent back.

In accordance with Article 135 of the ZVPot-1 (Consumer Protection Act), withdrawal from contract is not possible if medicinal products, food supplements and other specific products were ordered. This shall not apply in case of delivery of incorrect products.

If the Buyer has already received the goods and withdraws from the contract, they shall send the goods to the Supplier intact and in the same quantity within 14 days from submission of the notification of withdrawal. It shall be deemed that the Buyer returned the goods in time, if they send them prior to the expiry of the 14-day return period. Although not mandatory, we will greatly appreciate if you provide the reason for the return.

The returned goods must be accompanied by a copy of the original invoice or other proof (e.g. bank statement) indicating the date and time of purchase.

The Buyer may return the goods by sending the postal consignment to the address provided below, whereby the cost of returning the goods shall be covered by the Buyer.

“For the webstore BeLyke”
Absint d.o.o.
Celovška cesta 291, Ljubljana,
1000 Ljubljana

10. RETURNING GOODS DUE TO NON-CONFORMITY

The Seller shall deliver the goods to the Buyer in accordance with the Contract and shall be liable for their fulfilment.

The goods shall conform with the sales contract, in particular, where appropriate:

1. Conform to the description, type, quantity and quality and have the functionality, compatibility, interoperability and other characteristics required by the sales contract;
2. Are suitable for a specific purpose for which they were required by the Buyer and which the Buyer has informed the Seller of at the latest at the time of the conclusion of the sales contract, whereby the Seller has given their consent;
3. Are supplied with all accessories and instructions, including installation instructions, as specified in the sales contract; and
4. are updated as specified in the sales contract.

In addition to the requirements of the preceding paragraph, the goods shall also:

1. Be suitable for the purposes for which the goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, sectoral codes of conduct applicable to each particular sector;
2. Be of the same quality and conform to the description of the sample or model made available to the Buyer by the Seller prior to the conclusion of the sales contract, where appropriate;
3. Be supplied with such accessories, including packaging, installation instructions or other instructions which the Buyer may reasonably expect to receive, where appropriate; and
4. Be in such quantity and possess such characteristics and other properties, including those relating to durability, functionality, compatibility and safety, as are common for goods of the same type and which the Buyer can reasonably expect given the nature of the goods and subject to any public statement made in advertising or labelling by, or on behalf of the Seller or other persons in the preceding Articles of the contractual chain, including the manufacturer, unless the Seller proves that:
   • they were not aware of the public statement and could not reasonably be expected to be aware of it,
   • the public statement prior to the conclusion of the sales contract has been corrected in the same or comparable manner as it was submitted, or
   • the public statement could not have influenced the decision to purchase the goods.

The suitability of the goods for normal use shall be assessed by referencing common goods of the same type and taking into account any of the Seller’s statements regarding the characteristics of the goods given by the Seller or the manufacturer, in particular by advertising, presentation of the product or by indications on the goods in question.

The Buyer may assert their rights by virtue of the conformity of the goods provided that they notify the Seller of the non-conformity within two months from the date on which the non-conformity was first identified. The Buyer shall describe the defect in more detail in the notice of non-conformity and allow the Seller to inspect the product.

The Seller shall not be liable for any lack of conformity of the goods identified upon the expiry of two years from the date on which the goods were delivered. A defect of goods shall be deemed to have existed at the time of delivery, if it occurs within one year from delivery.

In case of non-conformity of the goods and after notifying the Seller of the non-conformity of the goods, the Buyer shall be entitled, under the conditions and in the order laid down in this Section:

1. To request that the Seller establishes the conformity of the goods free of charge;
2. To request a reduction of purchase price in proportion to the non-conformity, or withdraw from the sales contract and demand a reimbursement of the amount paid.

The Buyer may request that the Seller restores the conformity of the goods free of charge and without significant inconvenience to the Buyer, within a reasonable period of time which shall not exceed 30 days, particularly taking into account the nature of the goods and the purpose for which the Buyer requires goods.

The time limit may be extended to the minimum period required to complete the repair or provide a replacement, but not to more than 15 days. When determining the extended period, the nature and complexity of the goods, the nature and significance of the non-conformity and the effort required to complete the repair or provide a replacement, shall be taken into account. Prior to the expiry of the time limit referred to in the preceding paragraph, the Seller shall inform the Buyer of the number of days for which the time limit may be extended and of the reasons for the extension.

In order to establish the conformity of the goods, the Buyer may choose between repairing the goods and having the goods replaced with new goods without defects, unless:

• it is impossible to satisfy the chosen warranty claim, or
• the satisfaction of the chosen warranty claim represents a disproportionate expense for the Seller compared to the other warranty claim, taking all the circumstances into account.

The Buyer may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:

• If the Seller fails to repair or replace the goods, or, where applicable, fails to complete the repair or provide a replacement of the goods in accordance with this Act, or rejects the Buyer’s warranty claim to bring the goods into conformity in accordance with the sixth paragraph of the preceding Article;
• If the non-conformity exists despite the Seller’s attempts to bring the product into conformity;
• the nature of the non-conformity is so significant it justifies an immediate proportionate reduction of the purchase price, or a withdrawal from the sales contract, or
• The Seller declares, or it is apparent from the circumstances, that the Seller will not bring the goods into conformity within a reasonable period, or without significant inconvenience for the Buyer.

Notwithstanding the preceding paragraph, the Buyer may withdraw from the sales contract and demand the refund of the amount paid, if the lack of conformity occurs sooner than in 30 days from the delivery of the goods.

In any circumstances, the Buyer shall also be entitled to claim damages from the Seller and in particular, the reimbursement for the cost of materials, spare parts, labour, transfer and transport of the products incurred as the result of the fulfilment of obligation.

The Buyer’s rights shall expire two years from the date on which they notify the Seller of the non-conformity.

The Buyer submits a warranty claim to the following e-mail address: prodaja@belyke.com and the returned goods must be sent along with a copy of the original invoice or other type of proof (e.g., bank statement) indicating the date and time of purchase. The Seller shall acknowledge the receipt of the Buyer’s written warranty claim within 5 days and inform the Buyer of the effective procedure for handling the claim. The warranty claim form for goods (notice of non-conformity) is available here.

If the existence of a defect in the goods is not contentious, the Seller shall comply with the Buyer’s request as soon as possible and at the latest, within eight days. The Seller shall reply to the Buyer’s request in writing no later than eight days after receiving the request, if they find the existence of a defect in the goods contentious.

In case of replacement of goods which is not the result of a warranty claim and which is approved by the Seller, the Buyer shall cover all the related expenses, such as the cost of returning the goods, the cost of reshipping the goods and any potential difference in price.

11. SETTLING DISPUTES

In the event of errors in shipping, or in the delivered goods, the Buyer shallcontact the Seller directly with a complaint. The Seller shall then, in an acceptable period, depending on the nature of the problem, respond to the Buyer by either rejecting or confirming the claim and offering possible solutions to the issue.

In accordance with Article 32 of the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), Absint d.o.o., does not recognize the competence of IRPS providers for resolving a consumer dispute which the Buyer may initiate in accordance with this Act. The Buyer may also submit a claim to the European ODR platform.

12. LIABILITY

The webstore operates on the principle of catalogue sales and the delivery data is generated on the basis of information provided by the product suppliers and is informative in nature. Despite efforts to keep the webstore and delivery times up to date, it may occur that the information on the characteristics of products, their price or delivery details change so quickly that the data provider fails to correct them and the products details fail to update in the webstore list. In such instances, the Supplier shall inform the Buyer of the changes and offer the Buyer the opportunity to withdraw from the contract, have the ordered product replaced, or to take any other agreed option.

The Supplier respects good and fair business practices and expects the Buyer to review the final invoice prior to payment and to warn the Buyer in advance of any irregularities. The Buyer shall be liable for the legal transaction arising from the payment of the purchase price, thereby conclusively acknowledging the accuracy of the total calculated amount and correctness of the goods ordered.

The Supplier is a sales representative of a recognised retailer and guarantees the conformity of their products with certificates.

The photographs of the outer packaging of the products are symbolic and may not reflect the actual condition at the time of purchase, since it may be subject to amendments by the manufacturer.

13. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

The information provided by the User through the shopping cart, contact forms in the webstore or elsewhere (via e-mail, telephone, etc.) is confidential and handled in accordance with the applicable Slovenian legislation. The Supplier will protect it and prevent it being misused. Personal information shall only be used for the purposes to which the User consented to. However, the User shall also be responsible for the protection of personal information by ensuring the security of their username and password.

The Supplier shall inform only those users who voluntarily and explicitly agree to receive Belyke’s free digital newsletter about novelties, discounts and other marketing activities. Subscribers to the e-newsletter may unsubscribe from receiving content at any time by clicking on the “unsubscribe” link at the bottom of the newsletter, or by sending a message and requesting to unsubscribe via following e-mail address: prodaja@belyke.com.

14. PROCESSING AND STORING INFORMATION

By giving consent, the User authorises Absint d.o.o., as the Administrator of the personal information database, to process the collected personal information for the purposes of sampling, surveying and statistical data processing, for determining the rate of application of services, adapting offer and segmentation, for market research, informing about offers, novelties and benefits, for sending newsletters and other promotional material of the company Absint d.o.o. and business entities related to it.

The collected information shall not be submitted to third parties.
The Absint d.o.o. company and its processing contractor can process the acquired information for its purposes until an appeal or withdrawal of consent with a request to remove personal details from the database; and otherwise only for the duration that is necessary to fulfil the purpose for which the details were acquired. During the processing of personal information, the individual shall have the option to request access and to update the collected information in the database.

You can read more on how we protect your privacy in the privacy statement.

We hope that shopping at the BeLyke webstore will be a pleasant experience!

Ljubljana, January 2023