GENERAL TERMS AND CONDITIONS
iTrade Global, spletna trgovina, d.o.o.
Pod Grintovcem 7A, 1370 Logatec, Slovenia
Registration number: 8430829000
Tax number: SI68929714
About the company:
Limited liability company iTrade Global d.o.o. is an online provider of spare parts, musical instrument accessories and musical equipment.
- General terms and conditions
- General conditions of business (hereinafter referred to as “general terms and conditions”) of iTrade Global d.o.o. (hereinafter referred to as the Company) are an integral part of all contracts between the Company and the buyers of products (hereinafter also: customers)
- The provisions of the General Conditions apply also to all offers, (pro forma) invoices, pre-contracts, legal statements and other services arising from the operations between the Company and the client.
- The subject General Terms and Conditions are compiled in accordance with the EU Consumer Directive (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance)
- The General Terms and Conditions govern the operation of the Company’s online store, the rights and obligations of the online store user and client and govern the relationship between the Company and the client.
- Use of terms:
- The client is a natural or legal person who is in a legal relationship with the Company, regardless of its legal or status form.
- The consumer is any party who is a natural person and acquires or uses the goods of the Company for personal purposes or for purposes outside his professional activity.
- An offer is a general term for an offer in a variety of forms, pro forma invoices or other forms of proposal for the conclusion of a contract that the Company communicates with the client.
- An order is a document or notice in a written, electronic or other kind of form by which a customer communicates its demand and / or will for the conclusion of the contract, including a pro forma invoice.
- The contract is a written agreement between the Company and the client. An offer or a pro forma invoice, which the Company sends to the client and is accepted or confirmed by the customer, is also considered to be a contract. The subject General Terms and Conditions are an integral part of each contract.
- The subject of the contract refers to:
- goods, which are all products from the sales catalogue of the Company.
- The transmission theory shall apply to informing the customer of the delivery, conclusion, withdrawal or modification of the contract and any other information. This means that the date of the party’s notification is the date on which the Company sends the notice by means of a communication medium.
- All information to customers relating to the delivery of the subject of the contract, conclusion or withdrawal from the contract and other information is provided by the Company via e-mail to the address provided by the client. The Company also informs via ordinary mail, telephone or another way agreed with the client.
- The company undertakes to provide the following information at any time on its website:
- Information about the company’s identity
- Contact details
- Information on the basic characteristics of products (including information on post-purchase services and warranties)
- Information on product availability
- Delivery terms (method, location and date of delivery)
- Unambiguously stated prices, including information on additional fiscal and transport costs
- Payment and delivery methods
- Period of validity of the tender
- Conditions and time frames for withdrawal from the contract
- Familiarization on the liability for the defect of goods
- Information on the appeal procedure
- goods, which are all products from the sales catalogue of the Company.
- Use of General Terms and Conditions
- The general terms and conditions are preferential; therefore they completely replace the missing, different and contradictory contractual provisions between the Company and the client.
- The General Terms and Conditions shall replace any general terms and other documents of the client unless the application of the General Terms and Conditions is explicitly excluded in writing by the Company.
- The General Terms and Conditions herein constitute an integral part of the contracts concluded between the client and the Company. By signing a contract or by entering into a different contractual relationship, the customer agrees fully with the content of the subject General Terms and Conditions. The client hereby explicitly recognizes that for all legal relationships only the General Terms and Conditions of the Company are used. If the client wants to cooperate with the Company and enter into contractual relationships with the Company, it is obliged to accept the General Terms and Conditions in full and on an as-is basis. Customer hereby waives the right to modify the content, form, and individual contractual terms of the General Terms and Conditions.
- The subject General Terms and Conditions apply in addition to general legal regulations as an individual special act.
- The subject General Terms and Conditions are accessible on the website: https://guitarpartseuropa.com/sl/splosni-pogoji/. General Terms and Conditions are also available at the business address of the Company, in physical form.
- By signing a contract or another legally binding document, the customer is considered to be fully acquainted with the content of the subject General Terms and Conditions. Placing a valid order in the online store of the Company counts as a signed contract.
- The General Terms and Conditions are binding on the consumer only if the consumer has been explicitly notified of their existence before the conclusion of the contract, pro forma invoice, pre-contract or offer. The consumer must be aware of all the options to get acquainted with the General Terms and Conditions in a comprehensible way.
- Changes to General Terms and Conditions
- The company undertakes that any change to the general terms and conditions will be published on the website: https://guitarpartseuropa.com/sl/splosni-pogoji/ with the date on which the change took effect.
- The General Terms and Conditions are binding in the form and with the content available to the parties on the day of conclusion of the contract.
- In the event of a change to the General Terms and Conditions, changes shall become binding for the client on the day the client becomes acquainted with them.
- The customer is deemed to be aware of the changes to the General Terms and Conditions at the time of the publication of the change on the website https://guitarpartseuropa.com/sl/splosni-pogoji/ and upon accepting the terms when placing the order.
- If the client makes a statement that they do not agree with the changed General Terms and Conditions, the Company has the right to withdraw from the contract.
- In the event that any provision in the contract or General Terms and Conditions would be invalid or unenforceable or if a legal vacuum would arise, this does not affect other provisions of the contract or General terms and Conditions, with the contracting parties agreeing that instead of invalid or unenforceable or non-existent provisions the provision closest to the purpose of the contract shall apply.
- Collision of legal provisions
- If the present General Terms and Conditions are contrary to other general conditions of the Company, the provision that is more specific shall apply.
- The Company and the client may exclude the application of individual provisions of these General Terms and Conditions, provided that these provisions are inconsistent with the terms of the contract or with the general purpose of the contract.
- In so far as the present General Terms and Conditions are contrary to consumer protection legislation, the relevant consumer legislation is applied in that section.
- General provisions
- The client is obliged to inform the Company of any information and facts that are relevant for the establishment and continuation of the legal relationship between the client and the Company, and any other information, facts, circumstances, events and conditions that may affect the legal relationship between the Company and the client.
- The company reserves the right to change the specifications or information described in the previous article, without prior notice to the customer, and with the specifications and information being binding only if contained in the contract.
- The prices in the advertisements are indicated in euros and don’t include VAT.
- The prices displayed on the Company’s website can be changed without prior notice.
- The prices are binding from the moment when the Company sends the customer a confirmation e-mail for the order.
- The prices listed in the company’s price list don’t include VAT.
- The company will make a final price to the client before the conclusion of the contract or before the offer becomes binding for the client.
- If the final price cannot be calculated in advance due to the nature of the goods, the Company will inform the customer about the method of calculating the final price.
- Prices are binding from the moment the Company sends an e-mail to the customer regarding the confirmation of the order. In the event that the price information is incorrect, or the price changes during processing of the order, the client has the right to withdraw from the contract.
- The contract between the Company and the client is saved electronically on the Company’s server in the form of a PDF document after the order is successfully submitted and confirmed. The contract is accessible to the client upon written request.
- In the case of product delivery, the standard packaging is included in the price of the product. The additional packaging and transport costs of the goods are additionally charged by the Company at the price specified in the price list or at a price agreed between the Company and the client.
- Payment methods
- The Company enables the following payment methods:
- Payment via a payment order to the bank account of the Company
- Payment via PayPal app to the bank account of the Company
- Payment with credit or debit card via Bankart payment platform
- The security of personal data and payments is in the domain of payment service providers. For all the rest, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
- The Company enables the following payment methods:
- The company sends to the customer an invoice for the ordered goods in the form of a PDF document on the e-mail address indicated by the customer upon registration on the Company’s website. The company also sends the invoice by post, along with the ordered goods.
- It is the responsibility of the client to review all the information and specifications of the order before placing the order. The Company will not take into account complaints of the irregularities regarding the issued invoices made after placing the order.
- All records, documents, technical and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued a written authorization for the use of this material. In the event that the Company issues consent for the use of this documentation, the customer undertakes to use the said documentation exclusively for agreed purposes; reproduction, distribution, modification, public presentation and other forms of exploitation are prohibited without the written consent of the Company. The client agrees and expressly acknowledges that the said documentation represents confidential information of the Company.
- Unless otherwise agreed in the contract between the Company and the client, the Company shall maintain its sole ownership, copyright and related rights to all documents necessary or provided in connection with the conclusion and / or execution of the contract.
- Confidential information
- Contracts entered by the Company and the client represent confidential information. Any information that the Company provides to the client prior to the conclusion of the contract, such as different manuals, instructions, tables, pricelists, business or financial information, etc. are also considered as confidential information. The Client undertakes to keep Company’s confidential information in privacy for the duration of the contractual relationship.
- Any data whose disclosure could severely harm the Company must be kept in privacy by the client as confidential information for 5 years after the expiration of the contractual relationship. In the event of a breach of professional secrecy, the client is liable to pay damages to the Company and is criminally responsible. The contracting parties may agree on exceptions from these provisions in the contract.
- Limitation of liability
- The company strives to ensure the correctness of the data published in the online store. Product properties, delivery deadlines or prices can change so quickly that the company fails to adapt the data in the online store. In such cases, the Company will notify the buyer of changes and will allow them to withdraw from the order or to exchange the ordered item.
- Photos do not provide any guarantee for product features. The company strives to provide accurate photographs of sales products, but all photographs should be taken as symbolic.
- The company reserves the right to temporarily disable access to the website in case of technical problems or maintenance work. In case of technical difficulties, the Company reserves the right to cancel all orders made during the period of occurrence of technical problems. In such cases, the Company will immediately inform the client of the technical difficulties and provide instructions on further procedures. Before visiting the Company’s website, the customer must, at their own risk, ensure the security of his technical equipment for accessing the website and the security of usernames and passwords on the website.
- The company reserves the right to withdraw from the contract or the fulfilment of the contract in cases where the ordered products are no longer available, if the increased payment risk of the buyer is detected, if the order form has not been submitted correctly according to the General Terms and Conditions or if there is a manifest error in the price list. In all such and similar cases, the Customer will be informed immediately of any withdrawal from the contract on the part of the Company.
- The company reserves the right to withdraw from the contract if substantial error occurs. A substantial error is considered as the error in essential characteristics of the goods and any errors that are considered to be essential according to the customs in the trade or the purpose of the parties and the Company would not enter into a contract if they had known of the error. This also includes substantial errors in price.
- Complaints and dispute resolution
- Laws of the Republic of Slovenia shall apply exclusively for the interpretation of these Terms and Conditions or contracts concluded between the Company and the client. The contracting parties undertake to resolve all disputes in a peaceful manner and in the event of exhaustion of all extra-judicial channels for reaching an agreement the dispute shall be settled by a court of competent jurisdiction in the Republic of Slovenia in relation to the place of Company’s registered office.
- Pursuant to the statutory regulation, the Company does not recognize any institution of out-of-court settlement of consumer disputes as competent for resolving the consumer disputes which the consumer could initiate in accordance with the Law on out-of-court settlement of consumer disputes.
- Consumers can use the Online Dispute Resolution (ODR) platform to start a dispute procedure with the company. Platform is avaliable: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
- The company provides an efficient and confidential system for dealing with complaints. The complaint must be sent to the e-mail address email@example.com.
- Within 5 working days from the receipt of the complaint, the company will confirm the receipt of the complaint and inform the client of the course and duration of the appeal procedure.
- Company’s right of withdrawal from the contract
- In case of violation of the terms of the contract or these General Terms and Conditions by the client, the Company has the right to withdraw from the contract without further notice to the client. In such a case, the Company returns any amounts paid to the client’s bank account.
- Furthermore, the Company has the right to withdraw from the contract in the event that a client other than the consumer becomes insolvent or if its funds in the business account are blocked for more than 15 days, and if the compulsory settlement procedure or bankruptcy procedure are proposed or initiated upon the client.
- The company has the right to withdraw from the contract if the client does not fulfill its obligations, if the client gives false information to the Company which make it difficult or impossible for the Company to fulfill the contract, or if it does not pay its due amounts in accordance with the contract and these General Terms and Conditions.
- Reviews, ratings and recommendations
- The reviews, ratings and recommendations of subscribers are an integral part of the website and are intended for the user community.
- The company allows a review, rating or recommendation to be written by any user of the website. The company will remove reviews or contributions that are offensive, inappropriate or which, according to the Company’s assessment, do not offer benefits to other users and visitors of the website.
ONLINE SALE OF PRODUCTS AND ONLINE COURSES
- User registration
- The possibility of online purchase of products or the order of online courses is enabled for persons who successfully complete the registration process on the Company’s website https://guitarpartseuropa.com/sl/my-account/ and become members of the Company’s online store . No prior registration is required for the execution of a “quick purchase / order”.
- When a user registers on the website, they acquire the following data to access the online store:
- a username,
- e-mail address,
- access password.
- If a user wants to change the username or password, they can do so in their user profile section on the website.
- Order placement procedure
- In the “store” section on the website, the user can select the “add to cart” option by clicking on it. The system then issues a notice of successful addition of the product to the cart of the goods that the user wishes to purchase. Once the system records the added product in the cart, the user can either return to the store’s products list by clicking on the appropriate button or proceed with the payment process.
- If a user wishes to remove a particular product from the shopping cart, they can do so, by clicking the button with an icon “×”. If a user wishes to make changes to quantity of the products in their shopping cart, they can do so by changing the number.
- After confirming the shopping cart with the selected products, the system redirects the user to the form with the user’s data. In order to execute the order, the user must fill in all the fields marked with a red star. The system allows the user to save the provided data in their user profile for future orders.
- The user can choose between the above-mentioned payment methods.
- If the user holds a promotional code or a coupon of the Company, they can use it by indicating it in the appropriate field when submitting the order.
- Before submitting the order, the user can check and if needed correct all indicated information regarding the order as the system prints out all the entered information after the successful confirmation of all previous stages of the procedure. The user confirms the order by clicking on the “place an order” button, by that act the contract between the clients becomes binding and the user commits to making a payment for the order. In the event that the order is successfully processed, the system prints out the order identification number.
- The contract (the order) is saved on the server of the Company in an electronic form, client can obtain a copy by sending a request on an email address of the Company: firstname.lastname@example.org .
- After the successful submission of the order, the user receives a message confirming the receipt of the order and confirmation of the order to their e-mail address.
- The registered user can access information about the content and status of the order in his user profile at any time.
- For the purpose of verifying the indicated user data and the accuracy of the order, the Company may contact the user on their telephone number or e-mail address.
- For legal entities, the order submission procedure differs from the standard one in the part of mandatory indication of the name of the legal entity and its VAT number.
- Delivery terms
- For orders shipping to Slovenia the costs of packaging and delivery are free of charge.
- For orders to Croatia, the shipping costs are 5 EUR.
- For orders to Austria, Belgium, Czech Republic, Denmark, Germany, Hungary, Italy, Luxembourg, Netherlands and Slovakia, the shipping costs are 10 EUR.
- For orders to France, Ireland, Latvia, Lithuania, Poland and Romania, the shipping costs are 15 EUR.
- For orders to Bulgaria, Estonia, Finland, Greece, Portugal, Spain and Sweden, the shipping costs are 20 EUR.
- In the event that the Company cannot dispatch the goods within the indicated period due to unpredictable reasons, the Company informs the customer about the new delivery period via contact information provided by the customer.
- In any case, the company shall not be liable for the non-supply of goods for reasons beyond their control. The Company will strive to do everything necessary to ensure that the supply of goods is carried out as quickly as possible and that the customer will be kept up-to-date and regularly informed of possible delays in delivery by the supplier.
- In the event that the customer does not receive the ordered goods within the agreed period, the customer must contact the Company and set an additional period for the fulfillment of the obligation. If the Company does not supply the goods or does not fulfill its obligation within the additional period, the client may withdraw from the contract and request a refund for the purchase of goods.
- The Company is not responsible for the delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fire, floods and other natural disasters, import or export embargoes or any other similar reasons or reasons of force majeure on which the Company has no influence.
- In the event of any of the abovementioned reasons of delay, the delivery period shall be interrupted for the duration of the effect of the said conditions referred to in the preceding article, and after the termination of the effects of such conditions, the stipulated time for delivery shall continue to run.
- Acceptance of goods
- The subject of the contract must be performed at the place agreed in the contract or offer. If the place of performance is not specified in the contract or offer, the Company and the client may subsequently agree on it.
- The client is obliged to accept the subject of the contract no later than 14 days after receipt of the company’s written notice for the acceptance of goods, in accordance with the previous article regarding the place of delivery / fulfillment of contract.
- In the case of delivery of the goods through partner delivery service providers, the customer is obliged to carry out the acceptance of goods in accordance with the terms of the delivery service provider.
- Coupons and promotional codes
- The Company’s coupon has the nature of a gift card and the Company sends it to the buyer of the coupon in a physical or electronic form. Each coupon is marked with a unique serial number, and the Company as a coupon issuer is obliged to accept it as a payment method within its online store.
- The coupon can be purchased under the same conditions as described in the “order placement procedure” section. In case the user wants to get the coupon immediately, he can send an e-mail to email@example.com.
- The coupon can be used within 6 months after the date of its issuance, except in cases where a different period of validity is explicitly indicated on the coupon. The coupon can only be used in its entirety and the value of the order must be higher or equal to the value of the coupon. In case that the value of the order is higher than the value of the coupon, the user shall pay the difference up to the full value of the order.
- The Company does not refund funds for coupons.
- The coupon can be used in the process of placing the order on the website. After the fulfilment of other conditions for the placement of an order, the user may indicate the unique eight-digit serial number of the coupon in the designated coupon field and confirm it by clicking the “confirm coupon” button. The value of the coupon is automatically deducted from the value of the order that the user wishes to place.
- Within a single order placement procedure, several coupons and one promotional code can be used at the same time.
- The promotional code of the Company offers numerous benefits at purchasing products within the online store (smaller gifts at the time of purchase, discounts, etc.). A promotional code can be found in various ads, e-mail messages from the Company and other media.
- The validity of the promotional code is time-limited; the code can only be used within the time period specified for each code.
- The user can indicate and confirm the code in the designated promotional code field in the order placement procedure. Once the code has been successfully confirmed, the resulting discount value (in the event that the promotional code provides a discount) is automatically deducted from the value of the order, and the user must pay the difference to the total value of the order.
- Rights and obligations of consumers
- The consumer has the right to communicate to the Company that he is withdrawing from the contract within 14 days from the receipt of the goods without having to state the reason for his decision. The withdrawal time period shall start the day after the date of the receipt of the goods.
- The consumer shall communicate their will to withdraw from the contract to the e-mail address of the seller firstname.lastname@example.org or in any other manner made possible by Company or by filling out the form (declaration of withdrawal) in the attachment of these General terms and conditions. The consumer’s will for withdrawal has to be stated clearly and unambiguously.
- In the event of withdrawal from the contract, the consumer either returns the goods received or sends them to the address of the Company. In any event, the goods must be returned to the Company no later than 14 days after submitting the notice of withdrawal.
- In the event of withdrawal, the consumer shall return the undamaged goods to the Company and in the unchanged quantity, unless the goods have been destroyed, defected, lost or their quantity has decreased without consumer’s responsibility. Goods must be returned in their original packaging. Consumer shall only be held liable for a decrease in value of the goods due to it being a consequence of actions not essential for determination of the nature, characteristics and operation of the goods.
- If the consumer withdraws from the contract, the Company shall promptly make a refund using the same payment method as it was used by consumer to make a payment for their order, unless the consumer explicitly requests the use of other payment method and when the consumer bears no additional costs.
- Along with the declaration of withdrawal the consumer states their personal information (full name, contact information). The company gives a refund and all the other payments in 14 days upon receiving the declaration of withdrawal. The Company can hold off the refund until it receives the returned goods, or until the consumer submits proof of sending the goods.
- The only cost that the consumer bears regarding its withdrawal from the contract is the cost of returning the goods.
- In the event that a coupon was used for the payment of the order (or part of the value of the order) and the consumer subsequently withdraws from the contract, the coupon of the same value as the original coupon had is issued to the consumer.
- In the event that a discount promotional code was used at the placement of an order and the consumer subsequently withdraws from the contract, the discount will be granted to the consumer with a new promotional code.
- Liability for defects of goods
- The company is responsible for the defects that the goods had when the risk of accidental destruction or damage was passed on to the customer. The passing of risk to the customer usually takes place at the time of the acceptance of goods.
- The goods have a material defect:
- when the product does not possess the properties needed for its normal use or for commerce;
- when the product does not possess the properties needed for the special use, which is the reason the customer is buying it for, and the seller knew or had to have known about it;
- when the product does not possess properties and qualities which were specifically agreed upon, implied or stipulated;
- when the seller has delivered a product not matching the sample or the model, unless the sample or the model has been shown for informational purposes only.
- The customer is obliged to review the subject of the contract and identify possible defects and record them as soon as possible. Otherwise, the Company does not consider defects that are not hidden, and which were known or should have been known to the client at the time of the review of subject of the contract.
- The consumer is obliged to notify the Company of the defect within two months from the day the error was discovered.
- The company is liable for material defects that appear within six months from the acceptance of the goods, in the case of consumer contracts within two years from the date of acceptance of the goods, and within one year from the date of acceptance in the case of buying used goods.
- After notifying the Company of the material defect of the goods, the consumer must allow the Company to inspect the goods and shall describe the material defect of the goods in detail in the notification of the material defect.
- The company does not consider any minor or insignificant defects.
- If the Company in accordance with the timely and correctly given notification of the consumer confirms that the goods indeed have a material defect, the consumer has the right to request that the Company:
- eliminates or corrects the material defect of the goods, or
- gives a refund of a portion of amount paid in proportion to the material defect, or
- exchanges the defected goods for new, flawless goods, or
- gives a full refund
- The Company guarantees the quality of the product and its faultless operation within the warranty period, if the product is used in accordance with its purpose and the accompanying instructions.
- Products are under warranty if so stated on the warranty card or in the invoice. The warranty is valid if the product was used according to the instructions from the warranty card and only with the corresponding invoice having been submitted along with the faulty product. The warranty period is indicated on the warranty card or in the invoice.
- The warranty does not apply to injuries of the goods or misuse or use of the goods in a way that does not conform to the normal use of the goods.
- The warranty period starts to expire on the date of delivery of the product to the buyer.
- The warranty is excluded if the product has been serviced, repaired or otherwise tampered with by an unauthorized person or if the product has been irregularly maintained. Warranty applies only to the product stated on the warranty card.
- The buyer is obliged to take over the goods that had been handed over to the seller for reasons of warranty or other consideration of defects after the conclusion of the repairment or inspection procedure. The buyer takes over the goods at the location where he personally handed them over to the seller, and in case of dispatchment of goods by delivery service, the goods will be returned to the delivery address provided in the placed order.
- The Company sends the buyer a notice about the conclusion of the inspection/repairment procedure and invites them to take over the inspected/repaired goods. The buyer is obliged to take over the goods in 15 days from the receipt of the notice.
- If the buyer does not take over the goods within the set period, the goods are stored at the address of the Company and are kept up to 6 months after the date of sending the notice. For the time of storage of goods, the company has the right to reimbursement of storage costs (X EUR per day) and any other costs necessary for the conservation of the goods.
- After the expiration of the 6 month period from sending the notice to the buyer to take over and collect the goods, the Company may sell the goods. In such case, after deducting all relevant costs from the purchase amount, the Company transfers the remaining funds to the bank account of the buyer. The Company informs the buyer of the intended sale of such goods 15 days before the expiration of the 6 month period referred to in this section.
DECLARATION OF WITHDRAWAL FROM THE AGREEMENT CONCLUDED ON DISTANCE
iTrade Global d.o.o.
Pod Grintovcem 7a; 1370 Logatec
Registration number: 8430829000
I am informing you that I withdraw from the contract, concluded in distance, regarding the purchase of goods (mark the correct letter or fill out the lines):
- specification of goods:______________________________________
- stated in the document attached (order, invoice, letter of acceptance)
Based on order placed on___________, in the amount of____________; I have received the goods on the ______________.
Full name of the consumer:
Address of the consumer:_______________________________________
Telephone number, e-mail address (not necessary)
The purchase amount of______________EUR, that I have paid on the ___________, may be refunded on my bank account number: _______________________________, with bank_______________________.
Consumers signature (only if the statement is filed out in physical form)