GENERAL TERMS AND CONDITIONS of ONLINE SALES

All sales contracts entered into between POLONAPOLONA d.o.o., having its registered address in Ljubljana, Koprska ulica 94, Slovenia (the »Company«), and the user - acting as a consumer within the meaning of the Consumer Protection Act (Official Gazette of the Republic of Slovenia, no. 130/2022 and seq.)(the »Consumer Code«), i.e., a natural person acting for purposes which are outside his trade, business or professional activity (the »User«), as a result of the submission of purchase orders via the website www.polonapolona.com (the »Site«), shall be governed by these General Terms and Conditions of Online Sale (»General Conditions«). 

The Site is operated by POLONAPOLONA d.o.o. and hosted on Shopify Inc., which provides the Company the online e-commerce platform that allows the Company to sell its products and services to the User.

By accepting the General Conditions at the purchase of any products on the Site, the User undertakes to comply with the General Conditions. The non-acceptance of the General Condition will result in the impossibility for the User to purchase products through the Site.

SECTION - AMENDMENTS

The Company reserves the right to make amendments to the General Conditions at any time should they be necessary to comply with legal provisions, to adapt the General Conditions to the Company’s sales procedures or for technical reasons. The updated version of the General Conditions will be published from time to time on the Site. In any case, the General Conditions applying to each purchase will be those in force at the moment of the submission of the purchase order.

SECTION - PURCHASE

In order to purchase products on the Site, the User shall (i) create a new account on the Site or (ii) access the existed account through the authentication credentials obtained at the registration of his/her account on the Site.

In order to create a new account on the Site, the User shall (i) correctly complete the registration form, inserting all data requested by the same (by way of example: name, surname, e-mail address, telephone number and password), (ii) read the privacy policy on the Site and (iii) confirm the registration.

For the purposes of the creation of the account on the Site, the User shall choose a password which he/she is required to keep secret. The User’s username will correspond to the e-mail address provided during the registration process.

Following his/her registration on the Site, the User will receive confirmation of his/her successful registration via email to the address provided during the registration process.

Subsequently, the User may choose a payment method among those indicated at Section PRICE & PAYMENT METHODS below and submit his/her purchase order electronically to the Company.

The User may cancel his/her account at any time by sending an email to the Company at the address indicated in Section COMMUNICATIONS below. Upon the receipt of this communication, any contractual relationship between the User and the Company - without prejudice to purchase orders already sent before the cancellation request - will be considered terminated and the User's username and password will be deleted.

The User may purchase on through the Site as a guest without creating an account. In such circumstances the User will be required to (i) complete the fields in the specific login form on the Site, providing all data required (by way of example: name, surname, invoicing and delivery address, e-mail address and telephone number), and (ii) accept the General Conditions.

SECTION - PURCHASE AGREEMENT

By sending a purchase order by means of the Site the User makes a binding offer to purchase the selected products and, thus, to enter into a purchase agreement, which will be governed in its entirety by the General Conditions (the »Agreement«).

Upon the sending of the purchase order, the Company will send the User via email a confirmation of receipt of the order which contains the order number and any details of the order (the »Receipt Confirmation«). In any case, it is understood that the conclusion of the Agreement will be subject to the Company’s express approval of the purchase order by means of an email confirming that the order has been shipped to the User (»Shipping Confirmation«). As a consequence, the User hereby acknowledges that the Receipt Confirmation will not constitute acceptance of the purchase order, and the Agreement will be considered entered into upon the User’s receipt of the Shipping Confirmation, pursuant to paragraph 2 in Section DELIVERY.

Before confirming the purchase order, the User shall check the purchase order summary to ensure all data provided are correct. Any errors in the insertion of the data may be corrected by using the specific data editing functions on the Site. Should the User become aware of any errors solely upon the confirmation of the purchase order, the User must contact the Company to correct such errors.

The User shall retain the order number contained in the Receipt Confirmation to access the assistance service and for use in any other communication with the Company.

SECTION - AVAILABILITY OF POLONAPOLONA PRODUCTS

The User may select for purchase solely the products included and published on the Site which are available at the moment of the purchase order. The selected products will be placed in the shopping basket whose contents may be cancelled or modified at any moment up to the submission of the purchase order.

The available products on the Site will be updated periodically by the Company, which thus does not provide any warranty on the availability of a certain product and/or all sizes/versions of all products/colours displayed on the Site.

Each product is accompanied by a description of its main characteristics. Due to the settings of the computing systems or the device used by the User to view the Site, images and colours shown in the products' description might not correspond precisely to the effective features of the products. Consequently, images shall be considered as indicative within normal tolerance limits.

The products on the Site will be available until stock exhaustion. If the product selected, even though selectable, is not available, the Company will promptly inform the User via email to the address provided by the User. If the product is permanently unavailable, the Company will propose one or more alternative products to the User, it being understood that, if the User does not wish to accept the proposal, he/she will be promptly refunded for any payment already made.

In case of acceptance of the alternative proposal by the User, to be sent via email to the address indicated in Section COMMUNICATIONS below, the Agreement will be entered into at the User’s receipt of the Shipping Confirmation, pursuant to paragraph 2 in Section PURCHASE AGREEMENT above.

SECTION - PRICE & PAYMENT METHODS

The sale prices are expressed in Euro and inclusive of VAT.

Any purchase order made by the User will be subject to the sale prices published online at the moment of its submission. Such prices may vary without any notice. The User will be responsible to check the final price before submitting the purchase order.

All products' prices displayed on the Site are exclusive of shipping costs, which will be borne by the User in their entirety. Such costs will vary in accordance with the selected shipping method and will be indicated separately in the purchase order summary and the Receipt Confirmation. 

The User may select one of the following payment methods:

a) Credit Card (Visa, MasterCard, American Express, Apple Pay);

b) PayPal;

c) Payment on delivery (only where the product shipping address indicated by the User is within the Slovenian territory).

The price shall be paid (i) at the moment when the order is submitted in the case of payment by credit card or PayPal or (ii) at the moment when the product is delivered in the case of payment on delivery. Payment on delivery may only be made in cash or by POS.

The Company reserves the right not to accept a purchase order in the event of failure to authorise payment by the manager of the payment method.

SECTION - REFUNDS

Save for payments on delivery, any refunds of the amounts paid to the Company by the User will be made by the same payment method selected by the User to complete the purchase.

Refunds will be processed in accordance with the timing and the conditions provided for by the managers of such payment methods. In case of payment on delivery, refunds will be made by bank transfer to the account indicated by the User.

SECTION - DELIVERY

Products purchased on the Site will be delivered to the shipping address indicated by the User during the registration process or at the purchase of the product by means of express courier. 

The User will receive the Shipping Confirmation, including a tracing code to monitor of the shipping process, when the product is handed by the Company to the express courier. 

The Company undertakes to deliver the product within 30 (thirty) days from the Receipt Confirmation.

Delivery is considered to be made at the time of the acquisition, by the User or a third party authorized by him/her, of the material availability of the products, which will be proven by the signature of the order receipt at the agreed shipping address.

Upon the products delivery, the User shall check that the packaging is intact and without signs of damage, tampering or alteration. If the results of such checks are negative, the User shall immediately raise the issue to the courier, by refusing the product or accepting the same with reservation, to be written on the transport document. Furthermore, the User shall immediately inform the Company by contacting its customer service (the »Customer Service«) as indicated in Section COMMUNICATIONS below.

In the event of non-delivery of the products due to the User’s absence on each attempt envisaged by the courier’s delivery procedure, the courier will store the products at its warehouse until its collection by the User and in any case within the term indicated in the attempted delivery notice provided to the User. If the products are not collected within such deadline, they will be returned to the Company by the courier.

SECTION - DECLARATIONS AND GUARANTEES OF THE USER

The User hereby declares and guarantees that:

a) he/she is eligible to legitimately enter into the Agreement;

b) he/she is at least 18 years old;

c) the personal data and other information communicated to the Company during the registration process, or the purchase of a product are correct, truthful and updated. The Company reserves the right to check the information provided at any time and by any means at its disposal, also by requesting the User for appropriate supporting documentation and, in case of breach of this Article, to deactivate or suspend the User’s account;

d) he/she will use the Site in compliance with all applicable laws or regulations, refraining from any direct and/or indirect use of the Site which is non-compliant with the applicable laws, these General Conditions or harmful to any third party rights.

 

The User undertakes to indemnify and hold the Company harmless against any liability, action, cost, expense or claim which may arise from the User’s breach of the declarations and guarantees set out in first paragraph of this section above, without prejudice to the Company’s right to terminate the Agreement with immediate effect in any case of breach of such declarations and guarantees by the User.

SECTION - LEGAL WARRANTY OF CONFORMITY

The products sold to the User through the Site are covered by the legal warranty of conformity set forth by Articles 78 et seq. of the Consumer Code (»Legal Warranty«). 

Without prejudice to the provisions above, the Company shall deliver to the User products which are compliant to the Agreement. The User hereby recognises and accepts that the so-called »distressed« effect characterising some of the Company’s products may not be considered as a defect of conformity. 

The Company will be liable against the User for any lack of conformity existing at the moment of product delivery, provided that such lack of conformity is manifested within 2 (two) years from the product delivery. The User will lose his/her rights under the Legal Warranty if he/she fails to report the lack of conformity to the Company within 2 (two) months from the date of its discovery, by contacting the Customer Service via email indicated in Section COMMUNICATIONS. The User may also contact the Customer Service via post address indicated in Section COMMUNICATIONS. Such lack of conformity shall be reported by the form attached at the bottom of these General Conditions, which shall contain an accurate and complete description of the alleged defects or faults and photographs of the product to prove the reported lack of conformity defect. The Customer Service will immediately reply to the User by sending him/her another form to be completed and providing instructions for the return of the product.

Should the Customer Service consider a reported lack of conformity as proven based on the compliant received and the photographs thereto attached, the return of the relevant product will be at the Company’s expense. Should, however, the Customer Service, based on an analysis of the photographic documentation, consider that the complaint is not well-grounded, the User may return the product to the Company at his/her own expense so as to enable the Company to carry out it to a physical analysis of the product. The duly completed form received from the Customer Service following the complaint for lack of conformity and the payment receipt, as well as any other document reasonably requested by the Company, shall be attached the product in relation to which the User is wishing to exercise the Legal Warranty.

The User may request to the Company, at his/her discretion, either to repair the product or to reduce the price of the product on the pro rata basis or to replace the product with a new and proper product or to terminate the Agreement, all without expense on his/her behalf, save where the remedy chosen is objectively impossible or excessively onerous compared to the other.

In case the lack of conformity is proven based on the complaint received, the Company will execute the User’s request in 8 days since the request is received by the Company. In case the lack of conformity is not proven based on the complaint received the Company will reply in writing to the User’s request and decide upon it in 8 days since the request is received by the Company.

Should the Company assess that the reported lack of conformity actually exists upon the collection or receipt of the product, any expenses in terms of transport, repair or replacement of the product will be borne by the Company and, if transport costs were paid by the User, they will be refunded by the Company. On the contrary, should the Company assess that the reported lack of conformity does not exist or the conditions to apply the Legal Warranty are not satisfied, the Legal Warranty will not apply and all transport costs – whether borne by the User to send the product to the Company or vice versa -, will be borne by the User. In such cases, the Company will inform the User to such effect and the product will be returned to the shipping address indicated by the User. In case of failure to deliver the product to the User or to a third party authorised by the latter, the product will be stored for a period of 15 days or longer, as indicated in the non-delivery notice provided to the User. Should this term run without the User having collected the product, the Company will have the right to charge the storage costs to the User and to freely dispose of the product.

The User hereby acknowledges and accepts that any faults or damage caused by accidents, by fault on the part of the User, by non-complaint use of the product with respect to its intended use or by normal wear and tear will not be covered by the Legal Warranty.

SECTION - RIGHT OF WITHDRAWAL

The User will have the right to withdraw from the Agreement within 14 (fourteen) days without having to state any relevant reasons. The withdrawal period expires after 14 (fourteen) days from the date when the User or a third party designated by the latter, not being the carrier, obtains physical possession of the purchased product. If the User has purchased more than one product with the same order, the withdrawal period expires after 14 (fourteen) days from the date on which the User or a third party designated by the latter, not being the carrier, obtains physical possession of the last of the products purchased.

To exercise the right of withdrawal the User shall clearly declare his/her intention to withdraw from the Agreement by informing the Company to such effect. To such end the User may use the withdrawal form available at https://polonapolona.com/pages/shipping-returns , section RETURNS, to be completed and sent to the Customer Service via email or postal address as indicated in Section COMMUNICATION. In case the User sends the withdrawal form via registered post, the withdrawal form is deemed to be sent in time if the withdrawal form is deposited with the post in the period stipulated at first paragraph of this section.

To comply with the withdrawal deadline, the User shall send the communication concerning to the exercise of the right of withdrawal prior to the expiry of the withdrawal period set out under paragraph above. Once the Company has received such communication, it will send the User a receipt confirmation via email or via regular post together with a returns label to correctly return the products to the Company. 

In case of withdrawal, the Company will refund to the User the price of the returned products in full. The shipping costs for the return of the product will be borne by the User.

In case of withdrawal, the User will be required to return the purchased products to the Company within 14 (fourteen) days running from the date on which he/she communicates his/her decision to withdraw from the Agreement. To return the product the User may use the courier service chosen by the Company. In such event, the User will not be required to pay directly the costs of the return as the Company will pay them on the User’s behalf and deduct such costs from the refund due to the latter. If the User decides to use this service, the latter shall indicate it in the withdrawal form. The User will then be required to contact the courier directly to proceed with the return. If the User freely chooses to use a different courier from the one chosen by the Company, he/she will bear the relevant shipping costs.

The Company will refund the amounts indicated in paragraphs above to the User without undue delay and in any case no later than 14 (fourteen) days from the date of receipt of the withdrawal form by the Company. Nonetheless, the Company will be entitled to suspend the refund until the receipt of the returned products or until the User has demonstrated that he/she has sent the products back, depending on which situation occurs first. The refund will be made by the same mean of payment used for the initial transaction by the User, unless the User has made the payment by cash on delivery, in which case the return will be made by bank transfer to the bank account indicated in the withdrawal form available at the bottom of these General Conditions, or bank account indicated in the communication via which the User communicates (other than the withdrawal form at the bottom of these General Conditions).

The User will be required to return the products without having used them, in a proper conservation state and without having removed the original labels. The products’ packaging shall be accurate in order to safeguard the original packaging from damage, extraneous writing or labels. If such conditions are not met, the Company will return the products to the User at the latter’s expense.

To return the products to the Company, the User shall print the filled in withdrawal form (either the withdrawal form available at https://cdn.shopify.com/s/files/1/0767/9045/files/RETURN_FORM_ENG.pdf?v=1674816758) and sent it to the Customer Service, together with the return label as received from the Company. The withdrawal form or the copy of it shall be inserted in the product packaging in order to ensure that the return of the same to the Company is successfully completed. If the User has any doubts in relation to the procedure to be followed to exercise the right of withdrawal, he/she may contact the Customer Service at the addresses indicated in Section COMMUNICATIONS below to obtain all necessary clarification.

SECTION - PERSONAL DATA PROTECTION

The Company will process the User’s personal data for the purposes and in accordance with the procedures detailed in the Privacy Policy available at the Site.

SECTION - COMMUNICATIONS

To receive assistance, make claims or request for information, the User could contact the Company at the following contacts:

Customer Service email: hello@polonapolona.com or

Company’s address: Koprska ulica 94, 1000 Ljubljana, Slovenija

SECTION - APPLICABLE LAW AND COMPETENT COURT

These General Conditions are governed in their entirety by the Slovenian law. The parties can stipulate other law to be applicable. Any dispute arising between the Parties in relation to the interpretation, performance or termination of the General Conditions and/or any Agreement will be subject to the exclusive competence of the Courts where the consumer has his/her residence or domicile.

Form for the exercise of the Legal Warranty

If the User has received products which are not compliant to the agreement, please complete and send via email or via regular post to the address indicated in Section LEGAL WARRANTY OF CONFORMITY above Products' photographs proving evidence of the asserted defects should be attached to the form.