Terms of service

For direct communication with Marmor Hotavlje d. o. o., assistance and additional information in relation to the on-line shop call +386 (0)4 507 0000 or contact us at artshop@m-h.si.


 

General terms and conditions

 

  1. General

The www.marmor-hotavlje.si website presents the programme of Marmor Hotavlje d.o.o. and its partners to visitors of the on-line shop and enables the purchase of various luxury products from natural and artificial stone.

Please carefully read the General terms and conditions before using the on-line shop as you are required to confirm that you have actually read and understood the General terms and conditions and the Privacy policy and that you agree with them before confirming your first purchase.

The General terms and conditions of the on-line shop of Marmor Hotavlje d. o. o. are drawn up in accordance with the Electronic Commerce Market Act (ZEPT), the Consumer Protection Act (ZVPot), the Code of Obligations (OZ), the Personal Data Protection Act (ZVOP-1), the General Data Protection Regulation (GDPR) and in accordance with the regulations of international codes for on-line and electronic commerce (Code of Online Rights), with the intention of ensuring a more transparent way of on-line shopping.

The General terms and conditions address the operation of the on-line shop, your rights and obligations as on-line shop users or customers (henceforth: User) and Marmor Hotavlje d.o.o. as the on-line shopping provider (henceforth: Provider) and the business relationship between the Provider and the User. The User shall be bound by these General terms and conditions, as part of the sales contract, which are applicable at the moment of placing an order via the on-line shop.

 

  1. Accessibility of information:

The following entity manages the on-line shop as the Provider of e-commerce:

 

  1. Purchase procedure in the on-line shop

Purchases in the on-line shop may be made only by Users having their delivery address within the territory of EU member states, without prior registration, and may be made by natural persons who are over 18 years old at the time of placing the order with full legal capacity, which they declare by clicking “BUY”, as well as by legal persons.

The procedure of purchasing individual products, which are available with images, names, descriptions and prices in the on-line shop, commences by clicking the selected product. A subpage then opens with a longer description, additional images, information on height, width, length, weight and finally the price of the product including VAT.

The purchase of the selected product is confirmed by clicking the “BUY” button, thus continuing to the following step: purchase summary. In this step you check the image, product name and price. If you are not satisfied with your selection. you can click “X” above the image to return to the previous step. If you are satisfied with your selection, fill in the mandatory contact information, marked with an asterisk “*”, and company information if purchasing on behalf of your company. Choose the payment method and fill in the additional fields that show up upon selection. You may enter additional information in the “Order information” field (e.g. delivery instructions).

Before continuing, verify the correctness of all entered information: name, quantity and price of the selected products in the basket and appropriately correct them if necessary. When you are sure that all information is correct, check the boxes confirming that you have read, understood and that you agree with these General terms and conditions and the Privacy policy and click the “BUY NOW” button that opens the overview of your order where you can thoroughly check all information for the last time.

By clicking the “FINALISE THE PURCHASE” button your purchase will be completed and a message will be sent to your e-mail address indicating that the order was accepted.

The Provider will then review the order, verify the availability of the ordered products and confirm the order. The Provider will inform you about the order confirmation and the estimated delivery date by e-mail. For purposes of verifying information or ensuring the accuracy of the delivery, the Provider may contact you via e-mail, which you provided in the purchase procedure, before confirming the order. The sales contract on the purchase of the ordered products concluded between you as the User and the Provider is irrevocably concluded at this stage (upon confirming the order).

When the products are ready and shipped to your address, we will inform you about this via e-mail together with information on the manner and procedure of returning the products and information for contacting us in case of complaints or delays in the delivery.

 

  1. Prices

All prices of products in the on-line shop are in Euro (EUR) and already include value added tax (VAT), unless otherwise expressly specified. All published prices are subject to change without prior notice. Promotions and other offers shall be valid until stocks are exhausted or until the specified date, if any. All prices shall apply only to the electronic order of products via the on-line shop.

The sales contract shall be concluded at the moment when the Provider confirms the order. From that moment on, all prices and other conditions shall be fixed and shall apply to both contracting parties.

The range of products in the on-line shop is frequently and quickly changed and updated due to the nature of on-line shopping, however, prices may be incorrect. In this case and in case the product price is changed during the processing of the order, i.e. from the moment of placing the order up to the order confirmation, you will be informed about the change in price together with the option of changing your order, partially or fully cancelling it, withdrawing from the contract or confirming the order with the new prices.

 

  1. Payment methods

You may choose between the following payment methods:

 

  1. Sales contract and invoice

By purchasing a product from the on-line shop you will receive an invoice in electronic and written form with itemised costs. The electronic message also contains a link to the General terms and conditions which are part of the sales contract and contain all information and clarifications about your right to withdraw from the purchase, together with the option of returning the purchased product.

The sales contract is concluded in the Slovenian language and is concluded at the moment when the order is confirmed. From that moment on, all prices and other purchase conditions shall be fixed and apply to both contracting parties. As already specified in point 1 of these General terms and conditions, the General terms and conditions, which apply at the moment of placing the order through the on-line shop, are part of the sales contract.

The sales contract (in the form of a purchase order) is stored in electronic form on the Provider’s server and may be provided to you also in physical form to your mailing address, if you so desire.

 

  1. Collecting the products and postage

Upon placing the order you can also specify one of the following methods of collecting the products:

The postage for the delivery of all products purchased through the on-line shop is free for deliveries to addresses within the territory of EU member states. However, you bear the costs for collecting the products personally at the Provider’s headquarters.

 

  1. Delivery method and time

The delivery of orders to the selected delivery address, taking into account your additional notes regarding the place and time of receiving the shipment, shall be carried out by DHL Express (Slovenia) d.o.o. You may keep track of the shipment here: https://www.dhl.com/en/express/tracking.html. We reserve the right to select another delivery service if the order would be delivered more efficiently in that way.

The time of delivery within the territory of EU member states is 5 working days from the order confirmation. In case of delay in the delivery, inform us immediately at artshop@m-h.si or call +386 (0)4 507 0000 in order for us to verify the cause for the delay and remedy the situation.

Products on stock will be shipped not later than the following working day after the receipt of the order and payment or after you receive the notification via e-mail that your order has been confirmed. In case that the products are out of stock, we will inform you about the estimated delivery date via e-mail.

Collecting the ordered products in person at the Provider’s headquarters is possible by calling in advance the following number: +386 (0)4 507 0000.

 

  1. Procedure of examining damaged shipments

If upon collecting the shipment you notice that the product or shipment is physically damaged, has missing content or shows signs of being opened, you have to initiate the complaint procedure and may lodge a claim for compensation. You may do this by opening the shipment after you have received it and by establishing the actual state of the product. In case the product is damaged, a record on damaged products is drawn up with the DHL Express (Slovenia) d.o.o. and documented by taking photos. After that, you must immediately contact us and forward all the relevant documentation so that we may take over the procedure of resolving the complaint and provide you a new and intact product within 14 days.

Together with the delivery service we will make sure that the situation is resolved in the shortest time possible.

 

  1. Consumer’s right to withdraw from the purchase and returning products

The buyer, who is the consumer (natural person) according to the regulations on consumer protection, shall have the right to inform the Provider via e-mail artshop@m-h.si and within 14 days from the receipt of the ordered products that he or she wishes to withdraw from the sales contract without the obligation to specify the reason for such a decision. Returning the purchased products to the Provider within the period of time for withdrawing from the sales contract shall be deemed as a notice of withdrawal.

The only cost burdening you in connection to the withdrawal from the contract shall be the cost of returning the products to the Provider’s address.

The purchased products need to be returned to us as the Provider undamaged, in the original packaging and unchanged in quantity (unless the products are destroyed, defective, lost or their quantity reduced without this being the consumer’s fault) within 14 days from sending the notice on the withdrawal from the sales contract.

Upon collecting the shipment you may carry out a visual check and test of the product to the extent which is necessary to establish the actual state of the content. In case you decide to withdraw from the contract, you may not use the products, since you are liable for the reduction of their value, if the reduction is the consequence of actions that are not necessary for establishing the nature, features or operation of each individual product.

The right to withdraw from the contract shall not apply to contracts the subject of which is a product that was manufactured according to your specific instructions or was tailored to your personal needs.

If you withdraw from the contract, we will confirm the receipt of the withdrawal and initiate the procedure of returning the purchase price without unnecessary delay and in any case not later than within 14 days from the day of receiving the notice on the withdrawal from the contract. We will refund you by transferring the amount paid to your bank account, unless expressly agreed otherwise. In no case shall you bear any additional costs due to this refund.

We may retain the purchase price until we receive the returned products or until you send us proof that the products have been actually sent back, unless we offer to collect the returned products ourselves.

A non-compulsory form for withdrawing from the contract is available HERE. The declaration on the withdrawal from the contract must be submitted with a copy of the invoice.

In case of withdrawal from the contract, return the received products personally or by mail to the address of the Provider’s headquarters: Marmor Hotavlje d.o.o., Hotavlje 40, 4224 Gorenja vas, within the time period for withdrawing from the contract.

 

  1. Personal data protection

The Provider undertakes to protect personal data in accordance with the applicable sectoral regulations and our Privacy policy. You may make purchases through our on-line shop without registering as an unknown User up to the completion of your order.

However, from the moment of placing the order, your personal data shall be used for purposes of processing and implementing the order and other necessary communication with you regarding the exercise of your rights or procedures relating to the purchase. For this reason such data may be forwarded only to contractual partners for purposes of realising your order or when specified by law.

In no case shall personal data be handed over to unauthorised persons and shall not be used contrary to their purpose, except in case you expressly and appropriately agree in advance with other expressly specified purposes of use of this data.

 

  1. Data we collect

We collect the following types of data about our Users:

We shall keep all data on your orders and payments, including data on cancelled orders, returned products and complaints.

All your rights regarding personal data protection are available in our Privacy policy.

The on-line shop and all data transfers are protected and appropriately technically/electronically safeguarded.

The Provider undertakes to adopt all reasonable safety precautions for ensuring the safety of all data relating to the order payment by the customer upon any eventual future amendments. The Provider shall not be liable for possible data thefts, except in case of negligence by the Provider.

Paypal ensures safe authorisations and transactions with credit cards. Credit card authorisations are carried out in real time with immediate verification of data with banks. Information on cards is not stored on the Provider’s server.

 

  1. Liability

The Provider shall not assume any liability for the non-operation of the on-line shop due to the inability to use, failure to observe the General terms and conditions, any consequences of misuse of the on-line shop, the non-operation of the service due to network failure, electric power outage or other technical malfunctions that could temporarily or for a longer time interfere with the use of the on-line shop.

The on-line shop is open every day, 24/7, for this reason the performance of or access to the on-line shop may be impossible in case of various technical reasons. This is why we reserve the right to restrict or completely block access to the on-line shop for a determined or undetermined period of time.

The photos in the on-line shop are symbolic and do not represent all the features of a product.

From the moment of handing over the ordered products to the delivery service, the Provider shall not be liable for cases when physical damage, destruction or loss of shipment may occur as well as for missing content in the shipment or if the shipment shows signs of being opened. In this case proceed in accordance with the procedure described in point 9.

 

  1. Complaints, disputes and application of the law

The Provider shall observe the applicable regulations in the area of consumer protection and shall establish a system of efficient processing of complaints. You may send your complaints to artshop@m-h.si or by mail to the Provider’s address MARMOR HOTAVLJE, družba za obdelavo kamna, d.o.o., Spletna trgovina, Hotavlje 40, 4224 Gorenja vas. All complaints shall be processed in accordance with the applicable sectoral regulations. The procedure of processing complaints is confidential.

The Provider shall try to resolve all possible disputes by mutual agreement.

The Provider shall not recognise any individual provider of services for out-of-court settlement of consumer disputes as a competent authority for resolving consumer disputes which consumers may initiate in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

The Provider must, since it deals with on-line sale, provide a link to the platform for the on-line resolution of consumer disputes. Due to the above, Marmor Hotavlje d.o.o. publishes the electronic link to the European platform for on-line resolving of consumer disputes. The platform is available to consumers following THIS link.

The above regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, the Regulation (EU) 524/2013 of the European Parliament and of the Council regarding the on-line resolution of consumer disputes and the amendment to Regulation (EC) 2016/2004 and the Directive 2009/22/EC.

Should the resolution of any dispute by mutual agreement not be possible, the local competent court in Kranj shall exclusively settle all disputes.

The Slovenian substantive and procedural law shall apply to all contractual relationships in relation to purchases through the on-line shop, taking into consideration these General terms and conditions, whereby the rules of the international private law, which would specify the use of any other law, shall not apply.

The provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply by analogy for all relationships and obligations which are not regulated by these General terms and conditions.

 

  1. Amendments to the General terms and conditions

In case of amendments to the regulations governing the operation of on-line shops, to data protection and other sectors relating to the operation of the Provider’s on-line shop and in case of amendments to the Provider’s own business policy, the Provider may amend or complement these General terms and conditions, about which the Users shall be informed in an appropriate manner, particularly through the website www.marmor-hotavlje.si.

Each amendment to the General terms and conditions shall enter into force and begin to apply on the eighth day from publishing the amendments. If an amendment of the General terms and conditions is deemed necessary due to the harmonisation with regulations, this amendment may as an exception enter into force and begin to apply in a shorter period of time.

Marmor Hotavlje, d.o.o.

Hotavlje, 01/09/2019