General terms and conditions

DALU COSMETICS d.o.o., Slomškova ulica 8, 3215 Loče, Slovenia

GENERAL TERMS AND CONDITIONS

GENERAL

DALU COSMETICS d.o.o. with these General Terms and Conditions govern your online sales, where customers are consumers. Companies, dealers or entities that would purchase the products for resale are not subject to these conditions. Online sales of products to consumers are considered in accordance with the Consumer Protection Act (ZVpot) for distance shopping, for which in addition to the Code of Obligations (OZ) and the Consumer Protection Act already mentioned (ZVpot) the Directive also applies 2002/65/ES Of the European Parliament and of the Council of 23. September 2002 on the distance marketing of consumer financial services and amending the Council Directive 90/619/EGS and directive 97/7/ES and 98/27/ES (UL L number 271 from date 9. 10. 2002, page 16), as last amended by the Directive 2007/64/ES.

Business card of the company, including the address at which the company actually conducts business, telephone number, e-mail address and financial and status information, is published and made available to the consumer in the usual manner on the websites on which the consumer places the order.

In case of discrepancies between the contract or agreement concluded by DALU COSMETICS d.o.o. and the consumer, and the General Terms and Conditions, the terms of the contract or arrangement prevail.

ACCEPTANCE OF CONDITIONS AND CONCLUSION

The consumer enters into a contract with the company and objects of the general terms and conditions of business when his order is confirmed, which he is specifically warned about when confirming the order. At the same time, the consumer is reminded that by confirming the order he is obliged to pay DALU COSMETICS d.o.o. pay the purchase price for the goods ordered.

Should the products be ordered by a person who would later invoke the lack of legal capacity, the order shall be taken over and paid for by the agent or guardian. 

ELECTRONIC SERVICES AND PURCHASE PROCESS

In the DALU COSMETICS  d.o.o. online store the following electronic services are available:

  • Bill
  • Order form and
  • News

When ordering, the consumer chooses among the products whose essential characteristics are described, their price, including all taxes and other charges, is also defined. The purchase order that is created when choosing a product can be modified. The consumer makes the purchase as a registered user or as an unregistered user or guest.

In the order form, the consumer provides the following information: i) Product-specific information: labeled product, quantity and price, ii) customer information: name, country, place of residence, address, e-mail address, telephone number, payment method, bank account number. The order form ceases to be placed on the order.

The consumer can access the newsletter by subscribing to an e-mail address which he / she subscribes for the purpose of receiving the newsletter and activation via a confirmation link received at that e-mail address.

Gift cards are issued at the amount selected, the customer’s details entered and payment made in the same way as when purchasing the goods. The gift card can be redeemed within 1 year of its purchase, with the possibility of prolonging its use by 1 month, which is then decided by the seller.

The sales contract between the consumer and the seller is concluded after the buyer submits the order form, to which he is specially warned. After the order is placed, the seller informs the buyer of the receipt of the order at his e-mail address, which the buyer provided at the time of placing the order, which is considered the conclusion of the sales contract as confirmed. Unless there are exceptional circumstances that would prevent the seller from delivering the product to the consumer, the consumer will also be informed after the order has been confirmed and the seller has no obligation to do so, unless it appears that the failure to comply was due to his gross negligence or willful misconduct.

METHOD OF PAYMENT

The seller provides the consumer with the following payment methods:

  • Payment by online transfer to the seller’s bank account
  • Payment by credit card through PAYPAL
  • Online payment with Visa, MasterCard, Maestro, American Express, Carte Bleue (CB)  – via STRIPE platform for safe payment transactions

If the buyer pays the product by bank transfer, he is obliged to make the payment within 3 days from the conclusion of the contract, where the payment order is considered to be the moment of payment. If the payment is not made within the given deadline, the consumer is considered to have withdrawn from the purchase.

SHIPPING OF PRODUCTS

The cost of delivering products is charged to the consumer, unless expressly agreed otherwise in the contract or the value of the purchase reaches 250.00 EUR. Delivery costs (transportation, delivery, mail) are shown to the buyer, if charged to him, before the conclusion of the contract and confirmed by the customer. In the case of an explicit agreement between the parties, personal acceptance of the product is also possible.

The seller undertakes to deliver the products within the territory of the Republic of Slovenia within 3 days, in the EU, the number of days GLS envisages for delivery must be taken into account from the date of dispatch. If the order is placed after 4pm, the day of shipment will be considered as the next day. Upon delivery of the goods, the risk of its destruction and deterioration passes to the buyer. For non EU countries you will have to pay customs when choosing shipping with DHL.  Packages to non EU countries and countries around the world will be shipped with DHL.

Seller is not responsible for damage, destruction or inability to provide products, occurring as a result of natural disasters, floods, fires, storms, epidemics, wartime or other social unrest, strikes, termination of work in industry, or other cases of force majeure. If the delivery is prevented in the given circumstances, purchase price is returned to the buyer to his bank account and the contract of sale is considered as divorced

WITHDRAWAL OF CONTRACT AND ENFORCING MISTAKES

The consumer may withdraw from the purchase within 14 days of receipt of the goods, consumer is obliged to inform the seller in writing and return the product, which must be completely in perfect condition and unopened. If expiration date of the product is less than one week or a product tailored specifically for the customer and tailored to his wishes, cancellation of the contract is no longer possible. In the event of the consumer’s appropriate withdrawal from the contract, the seller will repay the payments already made within 14 days of the withdrawal. 

The consumer can claim any defects in the product within 2 months, since he found the mistake, and in any case within 2 years of delivery. The defect cannot be claimed after the expiry date when the product is no longer handled.

Defects of the delivered product as a result of inadequate delivery (such as significantly damaged packaging, breakage…) the consumer is obliged to immediately report in writing to the seller, within 3 days at the latest.  

The seller’s products are dermatologically and clinically tested and meet the highest quality standards among the same products. Against this background, when properly used, a product that the consumer becomes aware of when the product is received, it is almost impossible for the product to show any error. Since the products of the seller are natural cosmetics, the seller explicitly warns that there may be minimal variations between product batches (e.g. in smell, color). This is due to natural ingredients whose properties can be minimally varied upon cultivation as they depend on environmental factors such as temperature, humidity and the like.

If they exist, the consumer is obliged to justify defects to the e-mail or mailing address of the seller, published on the website, and return the defective product to the seller. With respect to a substantiated claim, the consumer has the possibility to claim that the seller:

  • correct the defect on the goods or
  • returns a portion of the amount paid in proportion to the error or
  • replace the defective goods with new flawless goods or
  • returns the amount paid.

In its notice of defect reporting, the consumer is obliged to explain which characteristic of the product is defamatory and when it has been observed. The seller will respond to his complaints within 8 days.

PROTECTION OF PERSONAL DATA

DALU COSMETICS d.o.o. processes personal data in accordance with the Personal Data Protection Act (ZVOP-1) and the Regulation (EU) 2016/679 Of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation).

The controller of personal data entered on the website www.dalubeauty.com or obtained on the basis of this information, DALU COSMETICS d.o.o. The company does not perform profiling and the processing is carried out in such a way that traceability is ensured. To the extent that the controller processes personal data with contract processors, a processing contract will be concluded for this purpose in accordance with the requirements of current legislation. 

The company would consider the following as a guide for the handling of personal data:

  • The processing is legal, fair and transparent. Information and messages relating to the processing of personal data are easily accessible and understandable to individuals, expressed in clear and simple language.
  • The information is collected for explicit and legitimate purposes and is not further processed in a manner incompatible with those purposes.
  • The minimum amount of data is processed, which means that personal data are suitable, relevant and limited to the purposes for which they are processed.
  • The information is accurate and, where necessary, up-to-date and measures are therefore envisaged and implemented to update it.
  • Data is only stored for as long as is necessary for the purposes for which it is being processed (storage limit).
  • The processing of personal data is carried out in such a way as to ensure their security, including protection against unauthorized or unlawful processing and malicious loss, destruction or damage. Appropriate technical and organizational measures are foreseen for this purpose.

The seller processes personal information on the following basis:

  • Consent – The data subject has consented to the processing of his or her personal data for one or more specific purposes. An individual can always revoke consent and revocation is as easy as consent itself. Consent is voluntary. 
  • Processing is necessary for the performance of a contract to which the data subject is a contracting party or for the implementation of measures at the request of such an individual before the conclusion of the contract. For example, the address of the online subscriber to whom the goods are sent is processed.
  • Processing is required in order to fulfill the legal obligation imposed on the controller (eg data processing for account management).
  • Processing is necessary to protect the vital interests of the data subject or other natural persons (this basis will be very exceptional in the case).
  • Processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the controller.
  • Processing is necessary for the legitimate interests pursued by the controller or a third party, except where such interests outweigh the interests and fundamental rights and freedoms of the data subject, which requires the protection of personal data, in particular where the individual is a child. An example is direct marketing.

The consumer has the right, involving his personal data, to

  • transparency regarding his personal data (all information provided is in a concise, transparent, understandable and easily accessible form and in clear and simple language),
  • accessing or acquaintance with personal data, 
  • correction, 
  • erasure (right to forget) 
  • restrictions on use
  • portability and 
  • objection

For all information and requests regarding personal data, the authorized person of the company is available, available at the following e-mail address: info@dalubeauty.com. The manager will answer your questions and requests without delay.

The personal information that the manager processes is as follows:

To conclude and execute a contract for the purchase or sale of goods and for delivery Name and surname of the buyer, products he ordered, payer’s address and delivery address, email address, username and password, telephone number, bank account, eventual cancellation, payment card number, credit card expiry date, credit card security code, purchase history. The information is retained during contracting and for two years after the delivery of the products.
 

For marketing services

Email, first and last name, age or date of birth, skin condition / skin type, skin concerns, contact information for friends and other people they want sent on their behalf (they must obtain their consent), information submitted by the customer (e.g. photos, product descriptions, articles, comments, questions …), information you provide to us through social networks when you visit our social networks (e.g. Fb, Instagram, Twitter …).
Error logs Mistake and link to the contract, customer name, address, email address, telephone number, bank account, payment card details.

INTELLECTUAL PROPERTY RIGHTS

All information and content on www.dalubeauty.com, including trademarks, signs, logos, designations, texts, graphics, icons, images, photographs, audio clips, databases and software, constitutes intellectual property, which DALU COSMETICS d.o.o is entitled to dispose of. And any use of any of the above content by third parties without the express written consent of the rights holder is prohibited.