General Terms and Conditions

UtaUta d.o.o., Pet furniture

Savinjsko nabrežje 4, 3000 Celje, Slovenia

info@utauta.si

041 852 520

ID for VAT: SI 48336572

Registration number: 8164428000

Entry in the commercial register at: District Court Celje

SRG 2018/10045, registered on 14/03/2018

Business Bank Account: SI56 6100 0001 9009 146

SWIFT BIC Code: HDELSI22

(legislation summary)

The provider is committed to always provide the following information to the customer:

• the identity of the company (a name and a location of the company, a register number),
• contact information, which enable the customer a fast and efficient communication (an email address, a phone number),
• main characteristics of an item or a service (including the after-sales activities and guarantees),
• availability of an item (every item or service, which is on the website should be available in a reasonable time),
• terms of delivery of an item or providing a service (a way, a place and a timeframe of delivery),
• all prices must be clearly and unambiguously specified and must show whether they already include taxes and transport costs,
• methods of payment and delivery,
• a time validity of an offer,
• a timeframe within which it is still possible to withdraw from a contract and conditions for withdrawal; in addition, if and how much it costs the customer to return an item,
• an explanation of the complaint process, including any information on a contact person or a customer care service.

Due to the nature of the online business, the offer on the UtaUta online store website can be updated and changed frequently and quickly.

Prices are presented as online prices. An online price is a price applicable to an online purchase in case of an invoice based 100% payment transfer to a specified bank account number. Prices in the online store are designed by UtaUta d.o.o. and are valid for a purchase through the www.utauta.si.

A customer can choose from the following payment methods:

• an advance payment to the provider’s transaction account,
• a PayPal payment, which also enables credit card payments – is not available yet.

The provider issues an invoice on a durable medium to the customer with defined costs and instructions on how to withdraw from the purchase and return an item if necessary and possible. A sale/purchase contract (“an order”) is sent electronically to a customer’s email address.

When delivering an ordered item, the provider sends an invoice in a PDF format to a customer’s email address, or an invoice will be included in a package together with ordered items.

An invoice contains price details and all costs associated with the purchase and a notice of the right of a withdrawal from the contract.

The customer is obliged to check for correctness of information before placing an order. Any subsequent objections to an issued invoice will not be accepted.

All product prices are in EUR and include value added tax (VAT). All prices in the online store are prices of products and do not include any shipping costs.

A price is valid for all users of the online store. A visitor becomes a user by registering at an online store as a member or by signing in once as a guest in the online store.

Prices are guaranteed for the day of the order and could be subject to daily changes without a prior notice.

Prices are valid in case of a payment with the above stated payment methods under the above stated conditions.

Despite an effort to provide the most up-to-date and correct information, it is possible for a price to be incorrect. In this case, or if the price of an item changes during the processing of an order, the provider will allow the customer to cancel the purchase.

The sale/purchase contract between the provider and the customer is concluded at the moment when the provider confirms an order (the customer receives an email with information on the order status). From that moment on, all prices and other terms are fixed and apply to both the provider and the customer.

Discounts, promotional codes, etc. are not cumulative. Gift certificates and promotional codes cannot be exchanged for cash.

The provider takes care that an item will be delivered within an agreed timeframe.

The provider sends products in stock to a customer’s address within 10 working days (usually in 3 days) counted from a date of payment of an order. If a product is out of stock, the customer is informed of it. Ordered product is shipped by the provider within 30 working days. A delivery will not be made on a Saturday, Sunday or a public holiday. UtaUta d.o.o. reserves the right to a longer delivery time, as we are bound by availability of manufacturers or craftsmen for production of items.

Shipping costs are calculated according to a weight of a product: shipping costs for a light product is 1.90 EUR, and for a heavier one it is 5.90 EUR.

A weight of each product is shown on a product page. Products that can be shipped in one package are grouped together and, if possible, shipped as one shipment.

The contractual delivery partner is Post of Slovenia, and in some cases GLS Slovenia. The provider reserves the right to choose another delivery service, if an order can be completed more efficiently.

Items in stock are shipped within 3 working days from payment date, otherwise delivery time is up to 30 business days, depending on a product. In case a delivery time is extended, the buyer is informed. In case an extended delivery time is not suitable for the customer, the product is replaced with an another one or a purchase consideration is refunded.

All products are handmade in Slovenia, Europe by proven and quality craftsmen. therefore, manufacturing time also depends on an occupancy of each manufacturer and may in extreme cases exceed 30 days.

For any additional information please email us at narocila@utauta.si.

ORDER ACCEPTED

After placing an order the customer receives an order confirmation email. The customer has access to a status and content of an order. After the provider receives an order, the customer is informed when a package is dropped off to a delivery service.

In case of a larger order and in case you are in a hurry, please contact us at narocila@utauta.si.

ORDER CONFIRMED

When an order is processed it gets the “in process” status. The provider inspects an order, checks availability of an item and confirms or rejects the order.

When supplying an item that is not in stock in own warehouse, then is the provider exclusively dependent on a supply by a manufacturer or a craftsman and a time in which the latter can deliver an item to the provider. The customer is informed of an updated information relating to a supply of an item by the provider via an email. If a delivery time is very long and the customer does not want to wait, the customer can inform the provider to remove an item from an order and return to the customer any already paid funds. In this case the customer decides either the rest of the items in the order are still to be delivered or the whole order is canceled.

The provider accepts no liability for any damage caused by a longer delivery period or due to a non-delivery of items, which the provider does not have in stock in his own warehouse.

THE DISPATCHED ITEMS

The provider prepares and dispatches items within an agreed time period and he informs the customer of it via an email. After a package has been shipped, the order is given a status of “completed”. The customer receives an invoice for the purchased items, which is included in a shipment or sent by an email. The provider also informs the customer about a return policy of the purchased items, what to do in case of a delivery delay and what to do in case of a complaint.

The purchase process for a legal entity is exactly the same as for a physical person. If you would like an invoice for a company, please let us know at info@utauta.si. We allow a company, a sole proprietor and other legal entity to return the purchased items under the warranty terms. The before-mentioned legal entities do not have a possibility to withdraw without a reason from the contract within 14 days of receiving an item, as is the case with a consumer (physical person).

For a legal entity it is not possible to claim a defective product and a refund. The General Terms and Conditions of utauta.si also apply to a purchase by a legal entity.

Company UtaUta d.o.o. guarantees safety of a product in its original form. An UtaUta product is a subject to a 6-month limited guarantee, counted from the date of the purchase and claimed by the first owner. This guarantee apply only to a product in its original condition. The customer must report any obvious product defect via an email or a regular mail with attached photographs within 2 weeks from a delivery of the items.

An item is under warranty, if stated so on the warranty certificate or invoice. A warranty is only valid if the customer is following instructions on a warranty certificate. When claiming a warranty the customer must also attach an invoice of the purchased item. A warranty timeframe is indicated on a warranty certificate or on an invoice.

Warranty information is also provided on a product introduction website page. If there is no warranty information, then an item does not have a warranty or an information is unknown at the time. In the latter case, the customer may contact the provider to provide an up-to-date information.

A warranty covers a defect in a material and a production. A warranty does not cover a damage resulting from a normal use, wear, misuse, an impact or an accident. A guarantee also does not cover an injury caused by biting or any other form of a damage caused by an animal. A warranty does not cover a damage of a product that occurred due to a pet or a dog fluid or discharge. An item that was declared as with original defect or other defect, can be repaired or replaced.

In case of a malfunction due to an improper use, negligent handling, mechanical damage and malfunction in an event of greater force, a warranty does not apply. Neither can a warranty be applied if a product shows tampering by an other an unauthorized person, a mismanagement or negligent conduct.

The warranty does not apply if an item is not maintained in accordance with instructions for use and maintenance instructions.

In case the customer is not satisfied with an ordered item, the customer has the right, in accordance with the Consumer Protection Act, to notify us with cancellation form via email narocila@utauta.si within 14 days of receiving an item, stating that the customer withdraws from the contract. According to the law, there is no need to state a reason for a withdrawal from the contract. See also Online Dispute Resolution.

The customer does not have the right to withdraw from the contract when an item was custom-made for the customer and adapted to customer’s personal needs and is therefore not eligible to be returned.

The customer must return an item no later than 14 days from a withdrawal from the contract. An item must be unused and undamaged, except if a damage on an item was not caused by the customer. A return of an item is considered on time, if a shipment is dispatched to a delivery service within the declared period.

The customer may not use a product limitlessly until terminating the contract. The customer may inspect and test an item to an extent necessary to determine an actual situation. A testing of an item which deviates from the latter is considered to be a use of an item, which means that the customer thereby loses the right to withdraw from the contract.

When returning an item the customer needs to pay for any costs of the returning shipping. A refund will be paid as soon as possible and no later than 14 days after receiving a notice of a customer’s withdrawal from the contract. A refund will be withheld if the customer fails to deliver the claimed item or fails to provide a receipt of a returned shipment within the withdrawal period.

In order to ensure that a refund is certain, accurate and on time, also to maintain our record of payments, a refund to the customer is made exclusively by transferring to a customer’s bank or PayPal account. A cash refund is not possible.

A return of a purchased item to the provider within the withdrawal period shall be considered as a notice of a withdrawal from the contract.

The right to a refund, warranty, material defect and improperly performed services are regulated by the Consumer Protection Act.

When returning an item to the provider UtaUta d.o.o. it is necessary to enclose a contract cancellation form, which you send to narocila@utauta.si. Please also attach a copy of an invoice and photos of the claimed item.

The address for forwarding (sending) an item to the provider is UtaUta d.o.o., Savinjsko nabrežje 4, 3000 Celje, Slovenia.

We recommend that you use a delivery service that allows you to track a shipment and properly prepare an item for transport, as any damage during the delivery is not our responsibility and will be considered as your liability.

Shipping costs are always covered by the sender, unless otherwise agreed in advance. A shipment with “Cash on delivery” is not accepted.

What is a defective product?

When an item does not have a feature that enable its normal use, or when an item does not have a feature that is specifically needed for use, for which the customer purchases it from the provider, and it should be known to the provider, or when the item does not have a feature and a qualification that was explicitly or tacitly agreed or prescribed, or when a handed over item does not match with a sample; exception is for a model that is shown for notifications.

How to check a suitability of an item?

It shall be checked with an another, flawless item of the same type, and also with manufacturer’s statements or descriptions on the item itself.

How is a defective product claimed?

A customer must at customer’s own expense and within the law-determined timeframe, notify the provider of any defective product, together with a precise description and photographs. The customer must enable the provider to inspect the claimed item.

The customer may claim customer’s rights regarding the defective product if the customer informs the provider of the defect within 2 weeks from the day the defect was discovered.

The customer can personally notify the provider of the defect, of which the provider must issue a note, or send it to the store where the item was purchased, or to the provider’s contracted agent.

The right to claim a defective product is regulated by the Consumer Protection Act.

UtaUta d.o.o. follows the applicable consumer protection acts and strives to fulfill its duty to establish an effective customer complaints system and to determine a person whom in case of a problem a customer can contact by a telephone or an email. A complaint is submitted via email info@utauta.si. The procedure for handling a complaint is confidential.

The provider will contact the customer within five business days and confirm receivement of the complaint. The customer will be informed of a timeline and progress.

UtaUta d.o.o. will contact the user through the means of communication only if the user doesn’t explicitly object.

Advertising emails will contain the following components:

• a clear and unambiguous label of advertising messages,
• the sender will be clearly stated,
• different campaigns, promotions and other marketing techniques will be marked as such, and the terms of participation will be clearly defined,
• a clear way to unsubscribe from receiving promotional messages,
• the desire of the user not to receive advertising messages will be explicitly respected by the provider.

When you visit UtaUta.si website, web cookies are downloaded to your computer or other device to provide a better user experience on the website (e.g. what products are in your shopping cart) and make it easier for you to browse the website and order in the online store. Cookies help to ensure the security and smooth operation of the website.

In most cases, cookies do not contain personally identifiable information, but may be used to determine user settings preferences and other information related to a customer’s past visits.

A user may restrict, disable or permanently delete cookies at any time by selecting appropriate browser options. If cookies are turned off, certain parts of the website and services will become inaccessible or will not function properly, however, visit to the UtaUta.si website will continue to function smoothly.

The provider does his best to ensure that the information, which is published on its pages, is up-to-date and correct. However, the properties of an item, a delivery time or a price may change faster than the provider corrects it on the website. In this case, the provider will inform the customer of a change and will allow the customer to cancel an order or change an ordered item.

Although the provider makes every effort to provide accurate photographs of items, all photographs must be perceived as symbolic. Photos do not guarantee the characteristics of an item.

The provider can withdraw from the contract with the customer in case a fundamental mistake is determined (Article 46 of the Code of Obligation). As fundamental mistake is deemed as an essential characteristics of an item or any mistake, that are usually considered as decisive by shopping habits or by the customer’s intention, and if the provider would be aware of it, he would not confirm the contract or agree to it. This includes also a fundamental mistake in a price.

The provider reserves his right to change General Terms and Conditions at any time or in any way, no matter the reason nor without prior notice.

Company UtaUta d. o. o. is aware of the importance of its customers’ data privacy and is committed to permanently protect personal information that the user provides through the use of the online store. All personal data are treated fairly and carefully protected in accordance with the applicable regulations of the Republic of Slovenia, the European GDPR regulation and the principles of UtaUta d.o.o.

We keep personal information in computer format. Only authorized persons at UtaUta and its authorized subcontractors have an access to the data in order to fulfill their contractual obligation. The data is stored and collected until canceled by the customer.

The UtaUta.si online store saves for an indefinite period the following information: name and surname, email address, contact telephone number, primary address and delivery addresses, country of residence, time and date of registration and archive of communication with the online store.

In no case will the customer’s data be handed over to unauthorized persons. We make sure that any personal information obtained through the UtaUta.si website will remain fully owned by UtaUta d.o.o. (manager of the UtaUta.si online store). All provided personal data provided will be handled in accordance with the applicable Personal Data Protection Act.

The user (customer) is responsible for protecting personal information by ensuring the security of the user’s email address, password and username, as well as the proper antivirus protection of user’s computers.