Terms and Conditions

General Terms and Conditions

The General Terms and Conditions of the pharsol-protect.com Online Store are drawn up in line with the Consumer Protection Act (hereinafter the Consumer Protection Act), Chamber of Commerce and Industry of Slovenia guidelines as well as international e-commerce codes.

The pharsol-protect.com website (hereinafter the Online Store) is managed by PHARSOL družba za proizvodnjo, trgovino in storitve, d.o.o. (hereinafter the Company or PHARSOL d.o.o). The General Terms and Conditions govern the operations, user rights and the business relationship between the Company and the buyer.

PHARSOL d.o.o., Vreclova 2, 2311 Hoče, Slovenia, Europe, tax ID: SI25601580 (the Company is a taxable entity), registration no.: 7196903000, court register entry Srg 2016/54503 at the District Court in Ljubljana on 21 December 2016, business bank account with Banka Intesa Sanpaolo d. d., Pristaniška ulica 14, 6502 Koper, Slovenia, IBAN SI56 1010 0005 5667 713, SWIFT: BAKOSI2XXXX (hereinafter the Seller)

In order to complete a purchase at the pharsol-protect.com Online Store, the buyer has to be at least 18 years of age. By agreeing to the General Terms and Conditions indicated above, you confirm that you are at least 18 years of age.

The Company undertakes not to impose any contract terms which could be considered unfair to the consumer in line with the Consumer Protection Act. Unfair contract terms are considered void.

The subject General Terms and Conditions are published at pharsol-protect.com in the website footer under “Terms and Conditions”, while they are kept in physical format at the company headquarters. With their publication at the indicated website, it is considered that the buyer is made familiar with the General Terms and Conditions, while with the execution of the purchase contract, the buyer indicates that he or she has read the General Terms and Conditions and is familiar with their content.

Amendments of the General Terms and Conditions

The Company undertakes to publish any amendment of the General Terms and Conditions at www.pharsol-protect.com on the day of entry of the amendment into force. The General Terms and Conditions are binding in the format and in relation to the content which was available to the parties on the day of execution of the contract.

In case of a potential amendment of the General Terms and Conditions, the amendments become binding for the buyer on the day that he or she becomes acquainted with them. The buyer is considered acquainted with the amendments at the moment of their publication at the www.pharsol-protect.com website and once having received the notification on such amendments. The buyer is considered to have consented to the amendment of the General Terms and Conditions.

In case the buyer provides a statement on his or her lack of consent with the amended Terms and Conditions, the Company holds the right to withdraw from the contract.

In the case that an individual stipulation in the agreement or General Terms and Conditions is found to be invalid, impracticable or void, the remaining stipulations of the contract or the General Terms and Conditions will remain unaffected, while both parties agree that, in place of the invalid or inexistent stipulation, a stipulation that is closely related to the purpose or objective of the agreement will be used.

Access to Information

The Company undertakes to always provide the buyer the following information:

- Company identity (company name and headquarters, register number)
- Contact details that enable quick and efficient communication with the buyer (e-mail, phone number)
- Essential product characteristics
- Product availability (every product offered at the website is available in a reasonable period)
- Product delivery terms and conditions (delivery method, place and deadline)
- All prices must be presented in a clear and unambiguous manner, together with the indication whether taxes and delivery charges are already included
- Payment and delivery method
- Period of validity of the offer
- Deadline during which withdrawing from the contract is possible together with the withdrawal requirements, as well as information on the cost of product return for the buyer
- Clarification on the complaint procedure, along with the complete contact person information

Use of Language

In line with paragraph one, Article 2 of the Consumer Protection Act, the Company operates in the Slovene language. In written communications, the Company uses its full company name and headquarters. With the product descriptions, the Company communicates to the buyer the necessary information regarding the characteristics, terms of sale, use and purpose of the product. This information is presented in the language that can be easily understood to consumers in the Republic of Slovenia. Instead of text, the Company also uses generally recognized symbols and images in the product descriptions.

When functionalities are also intended for foreign nationals, the Company will use another foreign language alongside Slovene in line with paragraph one, Article 14 of the Public Use of Slovene Language Act.

Types of Users

By registering at www.pharsol-protect.com, you become an Online Store member. Registered users as well as guests who complete a quick purchase and are not required to registered before buying, are also eligible to complete a purchase in the Online Store.

Upon registration in the Online Store, the visitor is provided a user name, which is identical to his or her e-mail address, and password. The user may change his or her e-mail address or password at any time through the user profile.

Products on Offer

The products on offer in the Online Store form part of the offer of PHARSOL d.o.o. Product prices are presented as retail prices and include the value-added tax (VAT); however, delivery costs are not included. Occasionally, prices may change as a result of current promotions and sales.

Due to the nature of the online business, the products on offer at the Online store are subject to change and the product mix is regularly updated, which may result in errors. In order to be able to quickly remedy such errors, the Company kindly requests the buyer to provide information on such errors using the contact details available at the website.

We put in our very best effort to display our products in the most accurate colours. However, we cannot guarantee that the colours displayed via your monitor will perfectly correspond to the actual product colours.

The Online Store is supported by TrIS, the online platform used in the sale of our products.

Payment Methods

The Online Store offers the following payment methods:

- Advance payment via bank transfer (UPN) to the company bank account,
- Debit or credit card (Mastercard, Visa, American Express)
- PayPal
- Cash On Delivery (only in Slovenia)

The Company states that, with the submission of the order and the remote contract execution via electronic means, the buyer explicitly agrees to consent to the payment. The function that triggers the submission of an order is marked with the text, “Confirm order”. By submitting an order, the buyer is obligated to carry out payment to the Company.

Prices

The prices include the value-added tax (VAT).

All prices are valid at the moment of order submission and have no pre-determined validity period.

The pharsol.protect.com Online Store prices are identical both for registered members as well as Online Store guests.

The purchase contract between the seller and the buyer is executed at the moment when the seller confirms the order (the buyer receives an “Order confirmed” status e-mail). From this moment onward, the prices and other conditions are fixed and applicable both to the Company and the buyer.

Before the execution of the contract or before the offer is made binding to the buyer, the Company will provide the buyer the final total inclusive of VAT.

Invoice Adjustment

In case of subsequent change of order from a natural to a legal entity, the Company will not charge any additional invoice adjustment fees.

Promo Code

The promo code provides various advantages (product discounts, free-of-charge delivery etc.) upon purchase and has a limited period of validity. The active promo code is published by the seller in the manner that corresponds to the purpose of the seller’s marketing campaign. The seller does not guarantee that an active promo code exists at the moment of purchase.

An active code can be found at the advertisement landing page, in an e-mail or other media. The code provides various advantages. Every code has a limited period of validity and must be used within a designated period of time, else it will become invalid.

Using the Promo Code (Coupon)

The promo code is made up of a string of alphanumeric symbols, which are entered by the user in the “Promo code” field before finalizing the order. Afterwards, the benefit assigned to the coupon is automatically activated in the system while in the shopping cart, it is unambiguously indicated that a coupon has been activated.

Purchase Process

At www.pharsol-protect.com, the user selects a product and clicks the “Add to shopping cart” link. The user is then notified by the system that the product was added to the shopping cart successfully. If the user wants to buy other products, he or she may click the “x” symbol on the top of the screen to return to the Online Store. If the user wants to proceed to checkout, he or she may click the “Proceed to checkout” link to be redirected to the shopping cart by the system.

II. Removing a product from the shopping cart:
The shopping cart icon is located in the upper right corner at www.pharsol-protect.com. After clicking the icon, the products which have been added to the shopping cart while browsing the Online Store are displayed to the user. The user may click the “-” symbol for the product that he or she wants to remove from the shopping cart; and by clicking the “x” symbol, the user will return to the Online Store.

III. Shopping cart:

To finalize the purchase, the user must select the payment method in the bottom right corner. If the user has a valid discount code, he or she may enter this code in the corresponding field above the payment method selection window and confirm the entry by clicking the “Use coupon” button.

Into the fields, the user enters the data (e-mail, name, surname, address, city, postal code and phone number) required to confirm and finalize the order and delivery of the product. If the user has not yet used the promo code, he or she may enter the code in the upper right corner. The user’s data can be stored in the form for future orders.

The user may confirm his or her data by clicking the “Continue” button to be redirected to the delivery charges calculation page. The user can select delivery by the DPD courier service.

The products added to the shopping cart by the user while browsing the store are displayed. Product price, delivery cost, total VAT and the total sum to be paid are indicated in the shopping cart before the order is finalized.

By clicking the “Continue” button, the user is forwarded to the payment method selection page (advance invoice payment, credit card, PayPal) and where the necessary data is filled in, along with the billing address. The user confirms the order by clicking the “Confirm order” button.'

IV. Finalizing the order:
The user can review the entered data on delivery, selected payment method and shopping cart content. In case of a successfully finalized order, the website will display the following text, “Thank you! Your order has been completed successfully!”.

Purchase notification process

After having submitted the order, the buyer will receive via e-mail a message on the receipt of the order. In the following e-mail, the package tracking number will be transmitted.

For the purpose of data verification or to ensure the correct delivery, the Online Store may contact the buyer at his or her phone number.

The purchase process is similar for both natural and legal entities with the exception that legal entities are also required to fill in the company contact details and their tax ID.

Order

The purchase contract between the seller and the buyer at the www.pharsol-protect.com Online Store is executed at the moment when the seller sends the first e-mail on the confirmation of the buyer’s order. From this moment onward, the prices and other conditions are fixed and applicable both to the seller and buyer.

The purchase contract (e.g., the first e-mail on the order status) is kept at the seller’s server in electronic format and is available to the consumer on the basis of a written request.

Right of Consumer’s Withdrawal from the Contract – Returns

In case of contracts concluded remotely, the consumer holds the right to notify the company in 14 days from the receipt of the goods in an unambiguous and clear manner at info@pharsol.com that they are withdrawing from the contract without having to indicate the grounds for such a decision.

The buyer may examine and test out the received goods only in the scope strictly necessary to determine the actual condition and as is customary for B&M establishments. Any “testing” that deviates from this stipulation can be considered the use of goods, while the buyer, in line with paragraph nine of Article 43d of the Consumer Protection Act, is responsible for the reduction of the value of goods, if the reduction of value is the result of an action which is not strictly necessary to determine the nature, characteristics and functionality of the goods.

Based on paragraph five of article 43 of the Consumer Protection Act, the buyer does not hold the right to withdrawal in case of personalized products since the goods are produced in line with the consumer’s specific instructions, resulting in goods adjusted to his or her personal needs. The company cannot offer compensation for the value of a personalized product which includes engraving, embroidery, printing or another form of modification.

The consumer must immediately or no later than in 14 days following the notification on the withdrawal from the order return the goods to the company at the following address:

PHARSOL d.o.o.,
Stegne 33,
1000 Ljubljana,
Slovenia.

The goods are considered returned on time if dispatched by the consumer before the end of the 14-day return period (inspection of postmark).

In the case of withdrawal from the contract, the consumer will bear the return costs, if necessary. The only cost incurred by the buyer in connection with the withdrawal from the order is the direct cost of return. The returned goods must be accompanied by the invoice and personal information as well as bank account number for the reimbursement to the consumer. The reimbursement will be carried out by the company immediately or at the latest in 14 days from the receipt of the notification on withdrawal from the contract.

The refund amount does not include shipping costs or customs fees from our warehouse to the customer and from the customer to our warehouse.

The company may withhold the reimbursement of the received payment until the receipt of the returned goods or until the consumer presents proof that the goods have been dispatched to the company. The return delivery charges will not be reimbursed and the charge will not be included in the reimbursement of the sum paid.

The buyer must return the product to the provider (PHARSOL d.o.o.) without damage and in identical quantity, unless the product is destroyed, defective, lost or if its quantity has decreased not at the fault of the consumer.

In the case that the goods are returned as a result of use without the original packaging or if the goods have been damaged, the company may impose against the buyer a request for the reimbursement of the reduced goods value

In the case of withdrawal from a contract subject to the use of a promo or discount code, the discounted value is taken into consideration and the user is reimbursed the actual sum paid. Only the sum paid will be reimbursed to the user’s bank account.

Material Defects Liability

The seller (PHARSOL d.o.o.) is responsible for material defects of products which existed at the moment when the risk was transferred to the buyer, regardless of the fact whether the seller was aware of the defect. The seller is also responsible for material defects which become evident after the risk was transferred to the buyer if they are the result of a circumstance that has existed before the transfer of risk. Minor material defects will be ignored.

A defect is considered material if an item does not possess the properties which are necessary for its normal use; if an item does not possess the properties necessary for the specific use that the buyer has purchased the item for; if the item does not possess the properties or characteristics which have been explicitly or implicitly agreed upon or required; if the seller has delivered an item which does not match the pattern or model, unless the displayed pattern or model was merely of a symbolic nature.

Complaints Under the Title of Material Defects

In line with Article 37a of the Consumer Protection Act, the buyer may impose his or her rights under the title of material defects if he or she notifies the seller on the defect no later than in the period of two months from the day that the defect was identified. In the notification on the defect, the buyer must provide a detailed description of the defect and enable the seller to examine the item.

The notification on the defect accompanied with images documenting the shortcomings is to be communicated by the buyer to the seller via e-mail at info@pharsol.com or by filling in the corresponding form and specifying the shortcomings.

The company will respond to the consumer’s request in writing within eight days from its receipt.

The seller is not responsible for defects which become evident after 2 years from the purchase.

The buyer who has correctly notified the seller on the defect while the seller has confirmed the subject defect holds the right to require the seller to remedy the item defect or reimburse part of the sum paid proportional to the defect or to provide a replacement in the perfect condition or reimburse the sum paid.

Warranty

Pharsol d.o.o. offers a warranty for the quality of items via the importer’s or manufacturer’s warranties. Products come with a warranty if indicated in the warranty document. A warranty is considered valid upon consideration of the instructions indicated in the warranty document and upon submission of the invoice. The warranty periods are indicated in the warranty documents or invoices.

The information on the warranty is also indicated at the product description site. In case of absence of warranty information, the product does not come with a warranty, or else, the information is not known at a given moment. In the case of the latter, please contact us and we will provide the most current information.

In case of defects due to improper use, negligent handling, mechanical damage or malfunction due to force majeure, the warranty is considered void. Similarly, the warranty will not be valid in cases where the items display signs of tampering by unauthorized third persons or in case of incorrect or negligent use.

To make use of the warranty, the buyer must contact the seller via e-mail at info@pharsol.com, elaborate on the issue and submit proof of purchase (invoice, order confirmation etc.). The seller will examine and review the request and determine how to resolve the issue in the shortest time possible. Material, spare part, labour, transfer and product transport costs incurred in the elimination of defects or product replacement will be borne by the seller.

Delivery Costs

The seller ships products around the globe. The available delivery methods, times and costs are indicated in the subpage "shipping".

All orders from countries outside the EU may be subject to import fees and charges, which must be settled upon the arrival of the shipment and are not included in the delivery costs. Customs expenses may vary between countries. In case the buyer requires detailed information on customs expenses, the seller will direct the buyer to the customs office.

Security

PHARSOL uses suitable technological and organizational means in order to protect the transmission and storing of personal data and payments. Credit card authorizations are performed in real time with the immediate verification of data with banks. Credit card data is not stored on the server.

Personal Data Protection

The seller undertakes to continuously maintain the protection of all personal data of the user.

The seller will keep for an indefinite period the IP addresses of all www.pharsol-protect.com Online Store visitors, and in the case of buyers, also the following information: name and surname, e-mail address, contact phone number, primary address and delivery addresses, country of residence, sex, time and date of purchases and archive of communication with the seller.

The seller will use the personal data exclusively for the purpose of order fulfilment (shipping of information materials, offers, invoices) as well as other necessary communication. In any case, the user’s data will not be surrendered to unauthorized persons.

The user is also responsible for the protection of his or her personal data, i.e., by taking care of the security of his or her user name and password and by ensuring the proper software (anti-virus) protection of his or her computer.

Legal Notice

The Online Store and all data contained therein, product images, graphical and video elements at the website are protected and must not be reproduced or used without prior written consent.

Limitation of Liability

The seller will make every reasonable effort to provide up-to-date and correct information available at the website. Nonetheless, product properties, delivery deadlines or prices may change so rapidly that it is sometimes impossible to correct the website information in a timely manner. In such cases, the seller will notify the buyer on the change and make possible to the buyer to withdraw from the contract or to change the order.

Exclusion of Liability

The seller reserves the right to deactivate or restrict access to the website as a result of technical or other issues and maintenance, resulting in the restriction or hinderance of use of the Online Store. In case of website technical issues, the seller reserves the right to cancel the submitted orders that were affected by the technical issue. In the case of order cancellation, the buyer will be notified in the shortest time possible and provided information on further steps. Before accessing and using the website, the user must provide for the suitable protection of equipment (anti-virus software etc.). The buyer must provide for the appropriate protection and confidentiality of the data used to log into the website (e-mail, password).

Complaints and Disputes

The seller complies with the current European consumer protection legislation. Furthermore, the seller makes every effort to fulfil its obligation to implement an efficient complaint handling system and to appoint a person whom the buyer may contact either via phone or e-mail in case of issues.

Complaints may be filed via e-mail at info@pharsol.com. The complaint handling process is confidential and comprises the complaint receipt, review, handling and response to the consumer regarding the complaint. In the shortest time possible or no later than in 8 days, the company will provide a confirmation of receipt of the complaint and inform the consumer on the expected processing time while continuously providing information on the course of the procedure.

Complaints may be filed via e-mail at info@pharsol.com. The complaint handling process is confidential. In five work days, the Online Store will provide a confirmation of receipt of the complaint and inform the buyer on the expected processing time while continuously providing information on the course of the procedure.

The seller is aware that the disproportion between the economic value and the expenses incurred by the dispute settlement is one of the fundamental characteristics of a consumer dispute, at least from the view point of a judicial resolution. This is the main reason why consumers usually do not bring disputes to the attention of courts. As a result, we strive to settle any possible disputes by mutual consent.

In the case of judicial dispute resolution, the court at the consumer’s place of residence will have jurisdiction.

Out-of-court Consumer Dispute Settlement

The seller will strive to settle any possible disputes by mutual consent. The seller provides for the possibility of out-of-court settlement of disputes as well as other remedies available to companies in line with Article 43b of the Consumer Protection Act.

In line with the provisions of the law, the seller does not recognize any out-of-court consumer dispute settlement provider as having competence for the settlement of a consumer dispute that may be commenced by the consumer in line with the Out-of-Court Settlement of Consumer Disputes Act. Access to the Online consumer dispute settlement platform is possible via the following link.