Exceptional wallart

General

Les conditions générales de la boutique en ligne exceptionnellewallart.com ont été élaborées conformément à la législation slovène.

The owner and operator of the exceptionalwallart.com online store available at www.exceptionalwallart.com (hereinafter: the “online store” or “website”), is managed by Danijel Brecelj – Samozaposlen v kulturi (hereinafter: “exceptionalwallart.com” or “provider”), which is also an online store service provider.

Les présentes conditions générales déterminent le fonctionnement de la boutique en ligne exceptionnellewallart.com, les droits et obligations du client et du fournisseur, et régissent la relation commerciale entre le fournisseur et le client. Le client est lié par les conditions générales en vigueur au moment de l'achat (commande en ligne). Lors de la passation d'une commande, le client est toujours informé des conditions générales et confirme sa connaissance de celles-ci en passant une commande. En utilisant cette boutique en ligne, le client confirme qu'il a 15 ans ou plus, ou s'il a moins de 15 ans, qu'il a reçu le consentement de ses parents ou de son tuteur pour accepter les présentes conditions générales (ci-après : « conditions générales »).

The website reserves the right to change the general terms. All changes to the general terms will be published on the www.exceptionalwallart.com website and will take effect at the time of publication or later, after a certain period, if so stated. Exceptionalwallart.com will ensure that notice of changes to the general terms is clearly visible on the website.

L'acceptation intégrale des présentes conditions générales est une condition pour pouvoir utiliser les services proposés par le site Internet. Si vous n'êtes pas d'accord avec les présentes conditions générales, vous êtes tenu de cesser immédiatement d'utiliser nos services. Il en va de même si vous n'acceptez pas les modifications ultérieures des conditions générales.

1. Nos renseignements

Nom de la société : Danijel Brecelj – Samozaposlen v kulturi
Adresse : Iztokova ulica 40, 2000 Maribor, Slovénie, UE
Numéro d'immatriculation: 2893533000
Courriel : danijel.brecelj@outlook.com, compte bancaire : SI56 0444 0022 8380 110, Nova KBM d.d. 

Inscrit au registre du tribunal de district de Maribor
Date d'entrée : 1.10.2024

2. Definitions:

• User: is a person who uses the website and the online store that operates on this website (hereinafter: “user” or “you”).
• Member: is a user who registers on the provider’s website.
• Guest: is a user who does not register on the provider’s website.
• Customer: is a person who uses the provider’s website and makes purchases in the exceptionalwallart.com online store.
• exceptionalwallart.com online store: is an information system intended for the presentation and sale of products.

3. Use of the website

The use of the website is conditioned by these general terms, including the applicable regulations of the Republic of Slovenia. By using the website, each user:

• expressly agrees with the general terms;
• undertakes to use the website in a lawful manner;
• undertakes not to use the service for the purpose of publishing or promoting any content and / or advertisement that is contrary to applicable law and public order and morals;
• is responsible for complying with the applicable regulations of the Republic of Slovenia relating to the use of the website;
• agrees not to use the Service for commercial, illegal or any purposes other than those set out in these general terms;
• will not distribute copyrighted content or content owned by another legal or natural person;
• will not attempt to obtain, collect and / or store the personal data of other users;
• will not in any way copy, store or transmit all or part of the content of the website, will not use computer codes, malicious programs or anything that could interfere with, disable or harm this service, service provider or its software and hardware, route provider and telecommunications devices.

4. Registration

By registering on the website you become a member. Both registered members and guests who make a quick purchase and do not need to register before making a purchase have the right to purchase in the exceptionalwallart.com online store.

Upon registration in the online store, the user enters his name, surname and e-mail address to which they receive their username and password assigned to them by the system. If a user wants to change their email address or password, they can do so at any time on their user profile.

5. Purchase process

a) Shopping bag
Product selection: Select a chosen product in the online store and product characteristics (e.g. size, colour etc.) and click on the “Add to cart” button. A notification pops up and informs you that the product has been successfully added to the cart. To continue shopping, click the cross on the issued notification and return to the online store.

To complete the purchase, click the “Checkout” button and the system will take you to the checkout page, where you fill in all the necessary information. In this step, you can create your user profile by checking “Create account?” and enter a chosen username.

Under the section “Your order” you can view the quantity, type, size and price of products that you have in your shopping cart and that you will buy by clicking the button “Place order”.

Removing the product from the shopping bag: To remove a product from the shopping bag you have to click a shopping cart icon in the upper right corner of the website. After clicking on the icon you will see the products you added to the shopping bag while browsing the online store.

To remove a specific product from the shopping bag, click on the shopping cart icon and click on the trash can icon in the shopping bag or change the product quantity by clicking on “-” to set the product quantity to 0.

b) Checkout
To complete the order, you must click the “Checkout” button in the cart and fill in all the required fields.

Delivery address: You must provide the required contact information marked with an asterisk (name, surname, country, address, place, postal code, e-mail address and telephone number), which we need to confirm and complete your order and deliver you the chosen product.

Delivery cost: free for the wallart and digital products. For the Brahms CD, check the product description.

Payment method: You can choose from two payment methods, namely: credit card payment or PayPal.

Coupons: If you have a valid discount coupon or you want to redeem an e-gift card, enter the coupon information in the given field and click the “Apply” button.

Order overview: Under the “Your order” section, the products that you added to the shopping cart while browsing the online store are displayed. The price of an individual product, the cost of postage and the total cost of payment are evident before you complete the order.

Completion of the order: You can view the submitted delivery details, the payment method you have chosen and the contents of the shopping cart. Confirm the order by clicking on the “Place order” button.

If the order has been successfully completed, the website will display “Thank you. Your order has been accepted.”.

c) Purchase notification process
After placing the order, the customer receives an e-mail notification that the order has been accepted. A member of the website always has access to information on the status and content of the order in his/her profile (click on the icon showing a person), under the section “Order”.

The online store may call the customer on his/her contact telephone number to verify the information or to ensure the accuracy of the delivery.

The purchase process for legal entities is exactly the same as for natural persons (described above), except that at the end of the purchase it is necessary to enter the name of the company and the tax number of the company. Equal payment options are available.

6. The consumer’s right to withdraw from the contract

Pursuant to Articles 43č and 43d of the Consumer Protection Act, in the case of distance contracts, the consumer has the right to notify the company by e-mail within 14 days of receiving the goods that he/she withdraws from the contract, without having to state the reason for his/her decision.

In order to exercise the latter right, the consumer must notify the online store that he/she is withdrawing from the contract within 14 days of receiving the goods at exceptionalwallart.com. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

The withdrawal form which will be sent to you by email must be included in the package.

The consumer must return the received products to the provider no later than 14 days after withdrawal from the contract. The consumer returns the products to the address: Danijel Brecelj, Iztokova ulica 40, 2000 Maribor, Slovenia.

The only cost borne by the consumer in connection with the withdrawal is the direct cost of returning the goods (postage).

Because we want the withdrawal from the contract to be done quickly and without complications, we have prepared a short list of what to look for when buying remotely:

• carefully open the package and keep it unchanged until you are completely sure that the product is suitable

The option to withdraw from the contract is intended so that you can open the product, examine it, and if it does not suit you, or if your expectations were different, withdraw from the purchase. These recommendations do not apply if the product is defective or does not work at the time of purchase. In this case, it is a matter of claiming a defective product (more on the material error under point 14 Liability for faulty products)

The consumer must return the item to the seller undamaged and in unchanged quantity, unless the product is destroyed, damaged, lost or its quantity has decreased without the consumer’s fault (fifth paragraph of Article 43c of Consumer Protection Act). Return products must be unused, undamaged, with a label attached and in the original packaging (see point 12), otherwise the return of the goods will be refused. In the event that the user orders two or more products at the same time, he/she has the right to withdraw from the contract for each individual product.

When returning the goods, the consumer also sends the company an invoice for the goods and a completed return form. We will refund the payment no later than 14 (fourteen) working days from the receipt of the returned goods (this refund does not include the cost of returning the goods).

Upon withdrawal from the contract, where the promotional code or discount code was used, these funds are considered as a discount and are not returned to the user. Only the amount paid is returned to the user’s bank account, and the promotional code in the form of a new code is returned to the user. Upon withdrawal from the contract, the gift voucher is considered as a means of payment and returned to the user as a gift voucher.

If the consumer used a promotional code that applies only in special conditions (example: buy 2, get 3), makes a partial return of the order and does not meed the conditions of the promotional code after the return, the discount is not valid. In this case, the refund made is calculated based on the value of the remaining items without the discount. If the consumer used a promotional code that includes free gift and withdraws from the contract, the gift must be returned with the rest of the goods. If the consumer fails to do so, the value of kept gift/item will be deducted from the refund amount.

7. Prices
Prices in the online store are the same for both registered members and guests of the online store. Prices are valid at the time of placing the order and do not have a predetermined validity.

Prices are valid in case of payment with the payment methods described in point 9 and under the conditions explained above.

Despite the provider’s efforts to provide the most up-to-date and accurate information, the price information may be incorrect. In this case, or in the event that the price of the product changes during the processing of the order, the provider will allow the customer to withdraw from the purchase, while the provider will offer the customer a solution that will be to the mutual satisfaction.

Prices in the online store are subject to change without notice.

8. Placing an order
The purchase agreement between the online store and the customer is concluded in the online store at the moment when exceptionalwallart.com receives payment from the customer for the selected products. From this moment on, all prices and other conditions are fixed and apply to both online store and the customer.

The buyer receives the sales contract via e-mail sent at the end of the order. The contract is also stored electronically on the website server and is available to consumers upon their written request.

9. Methods of payment
The online store provides the following payment methods:

• credit card payment
• payment with Paypal

10. Delivery

The provider must deliver the goods in accordance with the terms and conditions of Post of Slovenia or other delivery services. When placing an order, the customer can specify a delivery address that is binding on the provider. Upon delivery, it must provide the customer with additional information regarding the right of withdrawal, especially the conditions and manner of exercising the right itself. It must provide all the necessary information regarding the address to which the customer can turn in the event of a complaint.

In the event that the customer is not at the address at the time of delivery, the package can be picked up in accordance with the business conditions of the Post of Slovenia or delivery services. The website provides the Post of Slovenia or the selected delivery service with the customer’s contact. The delivery service takes care of communication with the customer regarding delivery. The contractual partner for the delivery of shipments is specified before the order is placed.

All orders placed during the working day will be shipped within 5 (five) to 10 (ten) days after receipt of payment. In the case of products where a longer delivery time is specially marked, this is taken into account. Digital products are available immediately.

Orders that have a marked payment according to the proforma invoice are sent after receiving the transfer to our bank account, under the same conditions as stated in the previous paragraph.

The costs of packaging and delivery for purchases are free.

Note: These conditions and the costs of packaging and delivery apply only within the Republic of Slovenia. For orders that need to be delivered outside Slovenia, the delivery time and costs will be displayed at the checkout.

11. Issuance of invoice

After paying for the ordered products, the website sends an invoice to the given e-mail address. The invoice breaks down the price and postage costs. The buyer is obliged to check the correctness of the data before placing the order.

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12. Promotional codes or coupons

Promotional codes or e-gift cards bring various benefits when purchased and are usually time-limited. You can find the active promotional code on our website, the title page of the advertising message, in our e-notifications or other media.

In the event that the value of the purchase is higher than the value of the coupon, the holder of the promotional code must pay the difference.

To use the coupon, select the product you want to buy and add it to the cart. Select the delivery method, specify the delivery address and select the payment method. Enter the code in the “Promotional code” or “E-gift card” field and confirm by clicking on the “Apply coupon” button. When you enter the promotional code, the value of the e-gift card is automatically deducted from the price of your order. In the event that the amount of your order is higher than the value of the e-gift card, you settle the difference by paying extra in cash in the above payment methods. If the amount of your order is lower than the value of the coupon, you can use the difference in value for the next order. You then place an online order.

13. Liability for faulty products

As a consumer, the customer has the right to exercise his/her rights arising from a faulty product, taking into account the provisions of the Consumer Protection Act.

The consumer may exercise his/her rights arising from a faulty product if he/she informs the seller of the defect within 2 (two) months from the day on which the defect was discovered. The seller is not liable for the defect if the defect appears after two years have passed since the product was delivered.

The product has a defect when it:

• doesn’t match the product description;
• has different qualities from the model advertised or shown to the client;
• is not fit for purpose – either its standard purpose or a specific purpose ordered by the customer which you accepted;
• doesn’t show the quality and performance normal in products of the same type.

The customer have the right to request:

• repair of the product;
• a product replacement;
• a price reduction;
• termination of the contract and full reimbursement.

If you believe that the purchased product has a defect, please contact us as soon as possible via the online form here: www.exceptionalwallart.com/contact and attach your invoice, order number, and images of faulty product/s.

When exercising the rights under this title, the consumer must describe the defect in more detail to the provider in the defect notification and allow the provider to inspect the product.

If the defect is not disputed, the provider must comply with the consumer’s request as soon as possible and within 8 days at the latest. However, if there is a dispute about the defect, the company must give the consumer a written answer within 8 days.

The right to assert a material error is regulated in more detail by the provisions of the Consumer Protection Act (in more detail from Article 37 onwards).

14. Security

The website uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments.

Secure authorizations and credit card transactions are handled by Stripe and PayPal.

Credit card authorizations are performed in real time by immediate verification of data with banks. Card information is not stored on the exceptionalwallart.com server.

15. Protection of personal data

You can find more information about personal data protection at cookie policy page.

The data collected and processed by exceptionalwallart.com will only be disclosed if required by the GDPR or when in good faith that such action is necessary for proceedings before courts or other public authorities.

16. Communication

The website will only contact the user via means of distance communication if the user expressly consents. The website will respect the user’s wish not to receive advertising messages.

Advertising emails will contain the following components:

a) they will be clearly and unambiguously marked as advertising messages,

b) the consignor will be clearly identified,

c) various campaigns, promotions and other marketing techniques will be marked as such,

d) the method of unsubscribing from receiving advertising messages will be clearly presented.

17. Opinions, ratings and recommendations

Opinions, ratings and recommendations written by customers are part of the functionality of the online store and are intended for the community of all users.

The online store allows the opinion to be written by any user of the online store, however, they are reviewed before the final publication. The website will not publish opinions or contributions that are in any way offensive, inappropriate or that, at the discretion of the provider, do not benefit other users and visitors to the site.

By submitting an opinion or comment, the user expressly agrees to the terms of use of their opinion or comment and allows the publication of part or all of the text in all electronic and other media. The website has the right to use the content of the opinion or comment indefinitely and for any purpose that is in the business interest, including publication in advertisements or other marketing communications. At the same time, the author of the opinion declares and guarantees that they are the owner of the material copyrights for the written opinions and comments and that they transfer these rights exclusively and indefinitely to the website.

18. Intellectual property

The online store and all the information on it, such as images of articles, graphic and video elements on the website are protected and may not be reproduced or used without the prior written permission of the company.

19. Limitation of liability

The website makes the best effort to ensure that the information published on the website is up-to-date and correct. However, product features, delivery times, or price can change so quickly that sometimes a company fails to correct information on websites. In such a case, the online store will notify the customer of the changes and allow him to withdraw from the contract or replace the ordered product.

20. Exclusion of liability

The online store reserves the right to disable the Website or disable access to the Website due to technical or other problems and maintenance, which also means disabling or impeding the use of the Online Store. In case of technical problems on the website, we reserve the right to cancel placed orders that have been affected by a technical error. In case of cancellation of orders, we will notify you as soon as possible, and we will inform you about the following steps. Before accessing and using the website, you must ensure that the equipment is properly protected. The customer must ensure adequate security and confidentiality of the information used to log in to the website.

21. Complaints and disputes

The online store respects applicable European consumer protection laws and makes every effort to fulfil its duty to establish an effective complaint handling system and to designate a person whom the customer can contact by telephone or e-mail in the event of a problem.

The complaint is to be submitted via e-mail exceptionalwallart@outlook.com. The appeal procedure is confidential. The online store will acknowledge receipt of the complaint within five working days, inform the customer about the length of procedures, and keep them informed of the progress of the proceedings.

The online store is aware that an essential feature of a consumer dispute, at least as far as judicial dispute resolution is concerned, is its disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also a major obstacle to the consumer initiating litigation. Therefore, the online store strives to the best of its ability to resolve disputes amicably.

In the case of judicial settlement of disputes, the court of the consumer’s domicile has jurisdiction.

Out-of-court Settlement of Consumer Disputes (in Accordance with Article 32 of the Out-of-Court Settlement of Consumer Disputes Act)

In accordance with applicable laws, we do not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

Exceptionalwallart.com, which as a provider of goods and services enables online trade in Slovenia, publishes an electronic link to the online consumer dispute resolution (SRPS) platform on its website. The platform is available to consumers at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

The said regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 / EC.

22. Declaration of the legal status of products
Danijel Brecelj, S.P. does not assume any responsibility for damage caused by the delivery, transport and customs clearance of the ordered items.

The buyer agrees to be aware of the legal status of the products in the country where they order, and fully assumes responsibility for the possible consequences of the illegality of the product in the country where they order.

The online store does not have documents that explicitly explain the legal status of products in different countries.

23. Changes of general terms and conditions

The provider may change the existing General Terms and Conditions without prior notice. The user undertakes to check whether the conditions of use have changed.

In the event that the user does not agree with the changed terms of use, they must immediately stop using the website. By entering the website, you confirm that you agree with any changes and additions.

Privacy policy

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