General condition of online sale

Scope of application

These general online sales conditions ("General Conditions") apply to all sales contracts concluded between Mibu, a brand from ADT d.o.o. ("Company"), and the user, as an i.e. consumer, a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that may be carried out ("User") on the basis of orders placed electronically through the website ("Website").

 

By accepting these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Website if he does not accept these General Conditions.

 

The General Conditions apply regardless of the User's nationality, provided that the delivery of the products takes place in one of the countries in which the online sales service operates, as shown in the table available on the Website.

 

 

Changes to the General Conditions

The Company reserves the right to make changes to these General Terms and Conditions from time to time, where such changes are necessary to ensure compliance with the provisions of law, for technical reasons, to adapt them to the sales models adopted by the Company or to better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, each purchase is subject to the version of the General Conditions in force at the time the relevant order is placed.

 

 

Creating an account

To purchase products on the Website, you must (i) access the Website with your authentication credentials already obtained by creating an account in your name on the Website, or (ii) create a new account on the Website.

 

To create a new account on the Website, the User must (i) correctly fill in the fields on the registration form, entering all the data requested therein (including but not limited to: name, surname, e-mail address, username and password), (ii) confirm that he/she has read the privacy policy on the Website and provide any further consent and confirm the registration. 

 

When creating an account on the Website, the User must choose a username and password, the length of which may not be less than 8 characters, respecting the criteria for creating the password from time to time indicated on the Website. The User acknowledges and accepts that the credentials for accessing the Website are personal and must not be disclosed or transferred to third parties. The User undertakes to keep his password secret and to immediately notify the Company in the event of unauthorized use of the account or loss or theft of access credentials by sending a written communication to the Company at the addresses referred to below, containing a detailed explanation of the incident and a copy of his identity document. Upon receipt of the User's communication, the Company will block the User's access credentials and provide the User with new access credentials. The Company shall not be liable for any loss or damage arising from the User's failure to securely store his password or to notify the Company of any unauthorized use, loss or misappropriation of his password. You assume all liability to the Company for any loss and/or damage arising from any unauthorized use of your account.

 

Registration on the Website is free of charge, provided that (i) the User is responsible for the cost of connecting to the Internet used to access the Website, according to the rates, terms and conditions applied by his operator and (ii) the purchase of a product on the Website implies the obligation for the User to pay the Company the fees due for such product.

 

Following registration on the Website, the User will receive an email to the address indicated during registration. 

 

The User may cancel his/her account at any time by sending an e-mail to the Company at the address indicated in the Article below. Upon receipt of such communication, any contractual relationship between the User and the Company - except for purchase orders already sent before the request for cancellation - will be considered terminated and the User's username and password will be deleted.

 

 

Conclusion of the purchase contract

The User must select the products and place them in the shopping cart, without prejudice to the possibility of modifying or deleting the contents of the shopping cart at any time before proceeding with the forwarding of the purchase order.

 

The forwarding of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be fully governed by these General Conditions (“Contract").

 

Before confirming the purchase order, the User is required to check the summary of the purchase order to ensure that all data provided are correct. Any data entry errors may be corrected by using the appropriate data modification functions on the Website. In case of errors that the User has noticed only after confirming the purchase order, the User can correct them by contacting the Customer Service of the Company in the manner indicated below.

 

Once the purchase order has been sent, the Company will send the User an e-mail confirming receipt of the order, containing the order number and details of the order placed ("Reception Confirmation"). The Acceptance Confirmation does not constitute acceptance of the purchase order unless such acceptance is expressly provided for in the Acceptance Confirmation itself; in this case, the Contract shall be deemed to have been concluded following acceptance. In all other cases, the Contract shall be deemed to have been concluded upon shipment of the products ordered.

 

In the absence of an express declaration of acceptance of the order in the Receipt Confirmation and in the event of failure to ship the ordered products within the agreed terms, the Consumer's offer to conclude a contract shall be deemed to have been rejected.

 

The User is required to keep the order number in the Receipt Confirmation for any communication with the Company.

 

The Contract may be concluded in the following languages: Italian, English, French, German, Spanish, Slovenian, Croatian, Bosnian, Serbian.

 

 

Selection of products

The User may only purchase the products in the catalogue published on the Website and available at the time of the User's purchase order. The catalogue of products may be periodically updated by the Company, which, therefore, does not give any guarantee about the permanence of a product among those available nor about the availability of all versions of each product/colour in the catalogue.

 

Each product is accompanied by a description of its main characteristics. The images and colours of the products in the description sheets may not correspond faithfully to the real ones, due to the settings of the information systems or devices used by the User to display the Website. Therefore, the published images are to be considered indicative within the limits of normal tolerance.

 

Products on the Website are available for as long as they last. If, although selectable, the chosen product is not available, the Company will promptly notify the User by e-mail to the address provided by the User. In case of permanent unavailability of the product, the Company may propose to the User the termination of the Contract and the refund of the price already paid, including any shipping costs, if applicable.

 

 

Product prices

Sales prices are expressed in EUR, and can include or exclude VAT, if applicable in relation to the country of shipment of the products. 

 

The sales prices applicable to the User are those published online at the time of placing the purchase order. These prices are subject to change without notice. It is the User's responsibility to check the final price before submitting the purchase order.

 

The Company reserves the right to apply different sales prices depending on the country of shipment of the products.

 

All prices of products on the Website are net of shipping costs and any customs charges, which are entirely borne by the User. 

 

 

Shipping and delivery of products

Products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of the products is made through couriers. 

 

Upon delivery of the products to the courier, the User receives a confirmation e-mail from the Company, which expressly indicates the name of the courier used, the estimated delivery time and the tracking code, which will allow the User to constantly monitor the shipment ("Shipping Confirmation"). The date of shipment of the products coincides with the date on which the products are entrusted to the courier in charge of their delivery.

 

Products may only be delivered to addresses in countries indicated in the table on the Website. The delivery times and costs of the products vary depending on the countries of destination and shipping methods chosen. In any case, the delivery times are indicative and not strictly binding for the Company. 

 

For certain types of products, such as bulky large items and custom items, delivery times may vary depending on the warehouse of origin and availability in stock at the time of order. This specificity is indicated on the Website in correspondence with the articles concerned. Delivery to the recipient is by appointment, agreed with the Customer Service.

 

The Company may deliver the products ordered with the same order by means of partial deliveries, provided that the products can be used separately. In such a case, the Company shall bear the additional shipping costs relating to such deliveries. In any case, the partial delivery is considered valid and does not entitle the User to refuse the delivery or to obtain compensation or indemnification.

 

Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. If this verification is not successful, the User must immediately make the necessary complaints to the carrier, rejecting the product or accepting it with reservation in writing on the transport document. In addition, the User must inform the Company, by contacting Customer Service, no later than 8 (eight) days from the date of delivery of the product. 

 

 

Late delivery   

Where a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User shall be deemed extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.

 

If the Company does not deliver the products within the agreed period or within the period referred to in GENERAL CONDITIONS OF ONLINE SALE, the User may invite it to deliver within an additional period appropriate to the circumstances. If the additional period expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.

 

 

Withdrawal of products

In the event of non-delivery of the products due to the absence of the User during the attempts provided by the procedure applied by the courier, the courier will keep the products in its warehouse until the collection of the same by the User and in any case within the period specified in the notice of attempted delivery left to the User. If the products are not collected within this period, the products will be returned to the Company. In this case, the Contract will be considered terminated, sending the User written notice by email, and the purchase order will be cancelled. Within the following 15 (fifteen) days, the Company will refund the price paid by the User for the products, minus the costs of unsuccessful shipping, the costs of returning the products to the Company and any other costs that the Company has incurred due to non-delivery of the products due to the absence or inactivity of the User in fulfilling the obligation to receive the delivery.

 

Following the communication referred to in the article above, the User who intends to request delivery of products previously ordered must necessarily proceed with a new purchase order, without prejudice to the right of the Company to refuse such an order.

 

 

User's declarations and guarantees

The User represents and warrants:

 

to be able to legitimately stipulate these General Conditions;

 

to be of legal age;

that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and up to date. The Company reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting the User to provide appropriate supporting documentation and, in the event of a breach of this article 

 

to close or suspend the User's account;

that will use the Website in compliance with any applicable law or regulation, refraining from any form of direct and/or indirect use of the Website that is contrary to the law, these General Conditions or detrimental to the rights of third parties. 

 

The User undertakes to indemnify and hold harmless the Company against any liability, action, cost, expense and claim that may arise from the violation by the User of the representations and warranties, without prejudice in any case to the possibility for the Company to terminate the Agreement with immediate effect.

 

 

Legal guarantee of conformity

The products sold through the Website to the User enjoy the legal guarantee of conformity provided of the Consumer Code ("Legal Warranty"). 

 

The Company is obliged to deliver to the User products that comply with the Contract. 

 

The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has become apparent within a period of 2 (two) years from delivery of the product. The User shall forfeit his rights under the Legal Warranty if he fails to report the lack of conformity to the Company within 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in Article Customer Service; such report shall contain an accurate and complete description of the alleged defects or defects. In such a case, Customer Service must verify the User's communication, giving him instructions for the shipment of the defective product, which will be at the Company's expense. The Company may require the User to attach a receipt of payment or any other document to the product for which it intends to claim the Legal Warranty.

 

You may request the Company, at its option, to repair or replace the product at no charge to you, unless the remedy chosen is objectively impossible or excessively onerous in relation to the other. 

 

The User may, at its discretion, request an appropriate reduction in price or termination of the Contract in any of the following situations: (i) repair and replacement are impossible or excessively expensive; (ii) the Company has not repaired or replaced the product within a reasonable period of time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the User. 

 

If the product must necessarily be repaired at a technical assistance centre of the manufacturer, the Company will send the product to that assistance centre, it is understood that it will remain directly responsible towards the User for the purposes of the Legal Warranty. 

 

If, after having withdrawn the product, the Company verifies that the reported conformity defect actually exists, any costs of transporting, repairing or replacing the product shall be borne by the Company. Otherwise, or where the Company verifies that the reported conformity defect does not exist or that the conditions for the applicability of the Legal Warranty do not exist, the Legal Warranty shall not operate and all transport costs, as well as the costs related to the verification of the alleged conformity defect, shall be borne by the User, in which case the Company shall notify the User thereof. 

 

The User acknowledges and accepts that any defects or damages caused by accidental events or by the responsibility of the User or by the use of the products that do not conform to their intended use or by normal wear and tear are not covered by the Legal Warranty.

 

 

Right of withdrawal

The User has the right to withdraw from the contract, without giving reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day of the conclusion of the Contractor from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products. If the User has purchased several products in a single order, the withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party other than the carrier and designated by the User acquires physical possession of the last product.

 

To exercise the right of withdrawal, the User must clearly state his intention to withdraw from this Agreement by informing the Company at the following contacts (link). 

 

In order to comply with the withdrawal period, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. Upon receipt of the withdrawal request, the Company will immediately notify the User by email of an acknowledgement of receipt.

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Without prejudice to the provisions of articles above and below, in the event of withdrawal, the User shall be reimbursed for all payments made to the Company, including the costs of delivery, except for the additional costs arising from the User's choice of a means of delivery other than the least expensive means of standard delivery offered by the Company, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company was informed of the User's decision to withdraw from the Agreement. Such refunds shall be made using the same means of payment as the User for the initial transaction unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a result of such refund. 

 

Unless the Company has offered to collect the products subject to the exercise of the right of withdrawal by the User, the User shall return or deliver the products to the Company or to the contracted couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User notified the Company of his withdrawal from the Contract. The deadline is deemed to have been met if the User returns the products before the expiry of the period of 14 (fourteen) days to the following address: 

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Mibu, Prvomajska cesta 39, 5000 Nova Gorica, Slovenija

 

The costs of returning products are the responsibility of the User unless the Company has at its discretion agreed in writing to bear such costs. The Company may suspend the refund of the price of the products until they are received or until the User has demonstrated that he has returned the products, whichever is earlier. 

 

The User is obliged to return the products in an undamaged state of preservation and with the original labels not removed. The packaging of the products must be accurate, in order to protect the original packaging from damage, affixing of writings or labels. 

All products will be delivered in their original packaging. We ask you not to damage the original packaging of the products purchased, of which they are an integral part.

 

The Company, in case of exercise of the right of withdrawal of the User, has the right not to accept the return or not to reimburse in full the amounts paid for the purchase, in relation to those products that are not provided with the relevant label or that have been altered in their essential characteristics and quality or that have been damaged.

 

 

Protection of personal data

The Company processes the User's personal data for the purposes and in the manner specified in the Privacy Policy on the Website at the link (link)

 

 

Customer Service

The Customer Service, to which the User can turn for any information, to request assistance or to make complaints, can be reached at the following addresses: 

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Mibu, Prvomajska cesta 39, 5000 Nova Gorica, Slovenija

Tel: +386 5 398 5596

info@mibu.design

 

 

Online dispute resolution

The User has the possibility to use the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link (link)

 

 

Applicable law and competent photo

These General Conditions are entirely governed by Slovenian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or each Contract shall be the exclusive competence of the Court of the place of residence or domicile of the consumer if located in the Slovenian territory. If the User is not resident or not domiciled in Slovenia, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the contract, in case of action brought by the Company, the latter may choose between the Court and the Court of the place of residence or domicile of the User, alternatively between them; in case of action brought by the User, the Slovenian Court will have exclusive jurisdiction.