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Terms and Conditions

PREAMBLE

The following Terms and Conditions determine the operation of the website (hereinafter: website) and regulate the rights and obligations between the consumer and the brand owner of Novelius Medical Ltd., the Company Novelius Medical d.o.o. Puhova ulica 11, 1000 Ljubljana, Slovenia, VAT identification number: 83845135 (hereinafter: supplier or Novelius Medical), and apply to all uses of and orders placed on Novelius Medical’s website: www.noveliusmedical.com. The General Terms and Conditions also govern the business relationship between the supplier and the consumer when concluding a distance contract.

a) Novelius Medical reserves the right to revise the Terms and Conditions at any time. Unless otherwise specified, the amended Terms and Conditions shall enter into force on the date of their publication on the website. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. 

b) The Terms and Conditions, valid for specific order, are always the Terms and Conditions that were in effect at the time when the order was placed and not any of the later versions.

c) By using the website and/or placing an order on the website you confirm that you have read the Terms and Conditions and the Privacy Policy available on the website, and that you accept them. Please make sure that you have read and understood the Terms and Conditions before you place an order.

d) The following Terms and Conditions are based on the Slovenian Civil Code, the Slovenian Consumer Protection Act and the Slovenian Personal Data Protection Act

1. ACCESS TO INFORMATION

The supplier undertakes to provide the consumer with the following information:

  • basic Company information (name and seat of the Company, registration data, identification number and tax number),
  • contact information – allowing a consumer to communicate with the supplier,
  • fundamental characteristics of goods,
  • the conditions for goods delivery,
  • clearly specified prices of goods,
  • payment and delivery methods,
  • the offer validity period,
  • the period within which the consumer may withdraw from the Contract and the conditions for withdrawal,
  • the complaint procedure including all consumer service contact details.

2. PRICES

a) The prices and delivery costs shown on the website are expressed in EUROs, and include VAT. 

b) The prices do not include delivery charges. The delivery costs are shown in connection to shipping methods at the checkout. 

c) The purchase agreement between the supplier and the consumer is entered into the moment the supplier confirms the order (the consumer receives an email on the status, which says “Order confirmed”). From that moment, all prices and other terms are fixed and apply to the supplier and consumer.

d) Despite efforts to ensure up-to-date and accurate information, it may happen that the information about the price is incorrect. In this case, if the item price changes during the processing of orders, the provider allows consumers to withdraw from the purchase, but will also offer consumer service solutions, which will be based on mutual satisfaction.

3. SHIPPING

a) Your order will be packed and shipped within 1 business day after receipt of payment. 

b) The expected delivery for products in stock is 2 – 5 working days within Europe, and up to 15 working days worldwide (depending on the country).  In case of a longer delivery time, you will be notified of the delivery date by e-mail.

c) We do not ship goods on the weekends and public holidays.

d) Our products are shipped worldwide. The cost of shipping in Europe is 8 €, while the cost worldwide is 20-30 €. Orders over 80 € are shipped for free.

4. PROCEDURE FOR CREATING AN ONLINE ACCOUNT

5. PURCHASE PROCEDURE

a) After the products have been selected by a consumer, the listing of the chosen products will be displayed in a shopping cart. Based on the selected shopping cart, a consumer gets registered in the system by entering his username and password.

b) A consumer has the possibility of selecting a delivery address that is different from the residency address indicated during the registration process. That address will be entered in a database as the correct delivery address. A consumer will receive an order confirmation e-mail. 

c) Delivery estimates in checkout are only estimates and actual delivery times may vary depending on the shipping locations. The supplier will not be liable for any loss or damage suffered by any reasonable or unavoidable delay in delivery. Please also note that the delivery estimates do not consider possible delays caused by payment authorization and/or stock availability.

6. PAYMENT METHODS

a) The supplier accepts payments by credit cards and PayPal.

b) A consumer’s card will be debited with the purchase amount when the order has been confirmed by the supplier. All credit card holders are subject to validation checks and authorization by the card issuer.

c) The supplier also offers the possibility for you to make your payment through a PayPal account. PayPal stores and protects your bank card and bank data while enabling you to make payments online without having to disclose your financial data every time you make an online purchase.

d) The supplier uses the appropriate technological and organizational means to protect the transmission and storage of personal data and payment.

7. REJECTION OF AN ORDER OR A DELIVERY

a) The supplier reserves the right to reject an order that has been deemed impossible to be carried out under the stated conditions, and due to a lack of available data.

b) The supplier reserves the right to reject delivery of the goods to the customer in the event that one or more of the following conditions are met:

  • if the consumer abuses his rights under Article 43 of the Consumer Protection Act;
  • if the consumer is in a legal dispute with the supplier over the purchase;
  • if the consumer has unsettled previous orders;
  • if the consumer causes the supplier commercial damage in any way.

8. COMMUNICATION

The supplier will contact the user through means of communication only if a user does not explicitly object. Creative e-mails will contain the following elements:

  • will be clearly and unambiguously marked as advertisements,
  • the sender will be clearly visible,
  • various campaigns, promotions and other marketing techniques will be marked as such. It will also clearly set out the conditions of participation in them.
  • it will clearly present how to unsubscribe from any future advertisements and communications,
  • the provider will explicitly respect the user’s desire not to receive advertising messages.

9. RETURN POLICY

a) The consumer has the right to withdraw from the contract within 14 days of purchase or receipt of the product without giving a reason. 

b) A 100% refund of your return shipment can only be made if the items arrive at our premises in their original packaging, unused and undamaged within 14 days of the withdraw from the contract.  

c) For hygienic reasons we cannot refund opened products.

d) If consumer have received the wrong product, the supplier will pay the return costs. For all other reasons that one might have and the return costs arising from them, the consumer is entirely responsible for such costs.

e) If a consumer finds out that the received goods have material defect (Clause 10 below) or that some items are missing, and that the package seems to have been opened or simply want to return the product in line with Clause 9.a herein, a consumer may fill up the relevant form available on the website (RETURN OF PRODUCTS FORM or FORM FOR NOTIFYING A MATERIAL DEFECT) and send by e-mail to info@noveliusmedical.com or by post to Novelius Medical d.o.o. Puhova ulica 11, 1000 Ljubljana, Slovenia, so that the complaint can be properly handled in accordance with the provisions of the Consumer Protection Act. The consumer can also send any other complain not mentioned above to the above given e-mail or address. All complaints shall be handled confidentially.

10. MATERIAL DEFECT

a) The full procedure for exercising the rights regarding a material defect is detailly drafted in the Consumer Protection Act.

b) The supplier delivers the goods in accordance with the contract and is responsible for material defects in his fulfilment.

c) Under the provisions of the Consumer Protection Act, a defect shall be deemed material if:

  • the item does not have the characteristics necessary for its regular use or placing in circulation;
  • the item does not have the characteristics necessary for the special use for which the consumer bought it, and this was or should have been known to the seller;
  • the item does not have the characteristics and features that were expressly or tacitly agreed upon or prescribed;
  • the seller delivered an item that does not match the sample or model, unless the sample or model was only shown for information purposes.

d) The notification of a defect shall be made in a from, provided in Clause 9.e herein. The consumer shall precisely describe the defect and enable the seller to inspect the item. The cost of the notice is borne by the consumer and the notice must be given within the statutory time limit.

e) A consumer who has properly notified the seller of a defect, shall have the right to request that the seller:

  • reimburse part of the amount paid in proportion to the defect, or
  • replace the defective goods with new flawless goods, or
  • reimburse the entire payment.

11. MISCELLANEOUS

The law of the Republic of Slovenia applies to the contractual relationship between the supplier and the consumer, as well as for the individual Terms and Conditions.

12. STATEMENTS & LEGAL NOTICE

a) Our products are not intended to be a substitute for professional medical advice, diagnosis or treatment. For a diagnosis, treatment, or any medical problem please consult your doctor.

b) Before the purchase is finalized, the supplier gives the customer access to all mandatory information about the goods especially their characteristics (for example, will provide information about ingredients, allergens, energy value, etc.), except the expiration date, but the following should be disclosed the latest upon the delivery of the products.

c) All material on this website is copyrighted and is the property of Novelius Medical. All rights are reserved. Reproduction, distribution, copying display or transmission of the content of this website without our prior written consent is strictly prohibited.

13. DISPUTES

a) The supplier shall comply with applicable European consumer protection legislation and shall endeavor to resolve any disputes amicably. The supplier shall use its best endeavors to comply with its obligation to establish an effective complaint handling system and to designate a person whom the consumer may contact by telephone or email in the event of a problem.

b) The consumer shall submit a complaint via e-mail. 

c) Upon receipt of the complaint, the supplier shall acknowledge receipt of the complaint to the consumer within 5 working days and shall inform the consumer how long it will take to process the complaint. If the supplier does not uphold the complaint, the supplier shall inform the consumer of the reasons for the rejection of the complaint and shall inform the consumer of the options for further dispute resolution in accordance with Clause 13.d. below.

d) If the consumer is not satisfied with the resolution of the complaint, the consumer may: 

  • by the Out-of-Court Settlement of Consumer Disputes Act, submits a petition for the initiation of an out-of-court settlement procedure for a specific consumer dispute to the European Centre for Dispute Resolution (hereinafter referred to as the “ECDR”), registration no. 6108890000, with its registered office at 6 Tomšičeva Street, Ljubljana, Slovenia, which the supplier recognizes as the competent provider for the settlement of consumer disputes. ECDR is registered with the Ministry of Economic Development and Technology of the Republic of Slovenia (hereinafter referred to as the ‘Ministry’) as a provider of out-of-court settlement of consumer disputes and will carry out the so-called mediation-arbitration procedure (a combination of mediation and arbitration) by the Rules of ECDR on the out-of-court settlement of consumer disputes, which are published on the website www.ecdr.si. In this way, the consumer is assured of a quick, simple, and efficient way of out-of-court settlement of consumer disputes, as the procedure is normally completed within 30 days and is free of charge for the consumer (the consumer only pays the costs of his/her representative, if any). The initiative to initiate a procedure is submitted on a form available electronically at www.ecdr.si or in paper form at the ECDR headquarters. Out-of-court consumer dispute resolution procedures are conducted by neutral experts accredited by the ECDR, who meet the conditions prescribed by the Out-of-Court Settlement of Consumer Disputes Act and are registered in the Register of Providers at the Ministry of Regional Development and Trade of the Ministry of Regional Development and Trade. 
  • file a lawsuit with the competent court of the consumer’s domicile.

e) By Article 32(4) of the Out-of-Court Settlement of Consumer Disputes Act, the supplier shall also publish an electronic link to the European platform for online dispute resolution for consumer disputes: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.