TERMS & CONDITIONS

 

DEVTSIX STORE Regulations

1. Definitions

  1. Working days - means weekdays from Monday to Friday excluding public holidays.

  2. Delivery - means the physical act of approach to provide the Customer by the Seller, through the Supplier, the Goods specified in the order.

  3. Supplier - means an entity with which the Seller operates in carrying out deliveries of Goods: the courier.

  4. Password - is a string of letters, digits, or other characters selected by the customer during the Registration in the Internet Store, used to protect access to customer accounts in the Store.

  5. Customer - an adult, natural person with full legal capacity, a legal person or an organizational unit without legal personality and having legal capacity, making a purchase from the Seller not related directly to his business or professional activity.

  6. Consumer - means any natural person making the entrepreneur legal action not related directly to his business or professional activity.

  7. Customer Account - means an individual panel for each Customer, run on his behalf by the Seller, after the Customer Registration and conclusion of the contract for the service of carrying customer accounts.

  8. Login - means the individual identification of the Customer, established by the Customer, consisting of a string of letters, digits, or other characters, required along with the Password to found a Customer Account in the Store. The login is an appropriate e-mail address of the Customer.

  9. Entrepreneur - means a natural person, legal person or organizational unit who is not a legal entity, in which the law recognizes the legal capacity, leading in their own name a business or professional activity and making the legal actions directly related to his trade or profession.

  10. Regulations - means these terms and conditions.

  11. Registration - means the physical act made in the manner as prescribed in the Regulations, required for use by the Customer of the Store with all the functionality.

  12. Store - means all the websites under which the Seller is leading the Store, operating in the common domain of devtsix-store.com

  13. Goods - means the product described by the Seller through the Store, which could be subject to the agreement of sale.

  14. Durable medium - means a material or tool available to the Customer or the Reseller for storing of information addressed personally to him in a way accessible for future reference by the time appropriate to the purposes of the information is used, allowing to play back the stored information in an unaltered form.

  15. Sales Agreement - a contract of sale is concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.

2. General provisions and use of Store

  1. All rights to the Store, including copyrights, intellectual property rights to its name, the Internet domain, Store, as well as patterns, forms, logos appearing on the Store (except for logos and images presented on the Store for presentation purposes of the goods to which the copyrights belong to third parties) belong to the Seller, and using them can take place only in the manner specified and in accordance with the Rules and after consent of the Seller is expressed in writing.

  2. The Seller will endeavor to allow the use of the Store be possible for Internet users with all popular web browsers, operating systems, device types, and types of Internet connections. Minimum technical requirements for using the Internet Store is a web browser as follows: Internet Explorer 11 or Chrome 39 or FireFox 34 Opera or Safari 5 or later, with enabled Javascript, accepting "cookies" and an internet connection with a capacity of at least 256 kbit/s.  The Store is a responsive and dynamically adapts to any screen resolution.

  3. The Seller applies the "cookies" mechanism ensuring that when the Store is used by the Customer, "cookie" files are sent for storage by the Sellers server onto the Customer's terminal's hard disk. The use of "cookies" is to ensure the proper functioning of the Store on the Customer's terminal equipment. This mechanism does not damage the Customer's terminal device, and does not change the configuration of the terminal devices or any software installed on these devices. Every customer can disable the "cookies" in the web browser of their terminal. The Seller indicates however that the exclusion of "cookies" may give rise to difficulties or an inability to access the Store.

  4. In order to place an order via the Store  and to use the services available on the Internet sites of the Store, the Customer must have an active email account.

  5. It is prohibited to the Customer to provide illegal content or use of the Store or free services provided by the Seller in a manner contrary to law and morality or that violates personal rights of third parties.

  6. The Seller informs that the public nature of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying of Customer data by unauthorized persons, so Customers should apply appropriate technical measures to minimize the risks mentioned above. In particular, they should use anti-virus software as well as software designed to protect their identity while using the Internet. The Seller never asks the Customer to grant him access to the Customer's passwords in any form.

3. Registration

  1. To create an account, the Customer shall be obliged to make royalty-free Registration.

  2. Registration is not required to place an order in the Store.

  3. In order to register, the Customer must complete the registration form provided by the Seller on the Store's website and send the completed registration form electronically to the Seller by choosing appropriate functions contained in the registration form. During the Registration the Customer establishes an individual password.

  4. While filling out the registration form, the Customer has the opportunity to become familiar with the Regulations, accepting its contents by marking the appropriate box on the form.
    After the Customer submits the registration form, he receives immediately by email to the email address provided on the registration form a registration confirmation sent by the Seller. From that moment the contract is concluded for the provision of services in form of electronically conducting Customer Accounts and the Customer obtains access to his Customer Account and the possibility make changes to all the data provided during registration, except for the Login.

4. Order

  1. The information contained on the Store of the Seller does not constitute an offer within the meaning of the Civil Code, and only an invitation for the Customers to place offers allowing for a conclusion of the sale.

  2. The Customer can place orders in the Store via the Store's website 7 days a week, 24 hours a day.

  3. When placing an order through the Store, the Customer completes the order by selecting product(s) they are interested in. Adding Goods to the contract is done by selecting the "ADD TO CART" option under the Goods presented on the Store's website. After the completion of the whole order and identifying the method of delivery and payment method in the "CART" section, the Customer places an order by sending the order form to the Seller, by selecting the "PLACE ODER WITH OBLIGATION TO PAY" option. Before each shipment of the order form to the Seller, the Customer is informed of the total price for the chosen Goods and Delivery, as well as all additional costs that are required to pay in connection with the Contract of sale.

  4. Placing an order is a submission of an offer made by the Customer to the Seller to enter into contracts of sale of the Goods covered by the contract.

  5. After placing an order, the Seller shall send an email confirmation of its submission to the address provided by the Customer.

  6. Then, after confirmation of the order, the Seller shall send to the email address provided by the Customer an acknowledgment of the order for execution. Information about the acceptance of an order is a statement of acceptance  of the offer referred to in §4.4 above made by the Seller and the date of its receipt by the Customer is considered the date when the Agreement for the sale is concluded.

  7. After the conclusion of the Sales Agreement, the Seller confirms the Customer the terms, sending them on a lasting medium to the email address provided by the Customer, or in writing to the address indicated by the Customer during the registration or ordering process.

5. Payments

  1. The prices on the Store included with the price of the Goods are gross and do not include information on delivery costs and any other costs that the Customer will be required to pay in connection with the Contract of sale, of which the Customer will be informed when choosing a method of delivery, and ordering.

  2. The customer can choose the following methods of payment for the Goods:
    a) bank transfer to the Seller's bank account (in this case, the performance of the contract will be initiated after sending the Customer by the Seller order confirmation and shipment will be effected immediately after receipt of the funds to the Seller's bank account);
    b) transfer via an external payment system known as PayPal, supported by PayPal (Europe) S.a rl & Cie, S.C.A. based in Luxembourg (in this case the performance of the contract will be initiated after sending the Customer by the Seller confirmation of the contract and after receipt by the Seller of information from PayPal of payment by the Customer);

  3. The Customer is always informed by the Seller's Store of the time in which he is obliged to make the payment for their order in the amount resulting from the sale of the signed Agreement.

  4. In the event of lack of payment by the Customer in the time specified in §5.3, the Seller shall designate the Customer additional time for payment and notify the Customer at a lasting medium. Information on the additional time for payment shall indicate that after the expiry of that period, the Seller withdraws from the Sales Agreement. In the case of ineffective expiry of the second deadline for payment, the Seller will send to the Customer, with use of a lasting media, a statement of withdrawal from the contract.

6. Delivery

  1.  The Seller carries out the Delivery within the European Union and to Switzerland, Norway, and the United Kingdom. 

  2. The seller is obliged to deliver the Goods at issue in the Sales Agreement without flaws.

  3. The Seller shall publish on the Store information about the number of Business Days required for delivery and performance of the contract.

  4. The time of Delivery and contract fulfillment is indicated on the Store and is calculated in Business Days in accordance with §5.2.

  5. The ordered goods are delivered to the Customer via the Supplier at the address indicated in the order form.

  6. Upon dispatch of the Goods to the Customer a message confirming the dispatch of Goods will be sent to the email address provided by the Customer by the Seller.

  7. The Customer should examine the consignment delivered to him in time and in a manner acceptable to the shipments of that type in the presence of an employee of the Supplier. In case of loss or damage to the shipment, the Customer has the right to require the employee to write down the proper damage protocol as provided by the Supplier.

  8. The Seller, in accordance with the will of the Customer, shall attach to the Goods being the subject of delivery either a receipt or an invoice covering the delivered goods.

  9. In the absence of the Customer at the address indicated by him upon ordering, an employee of the Supplier will either leave a notification or attempt to contact the Customer by telephone in order to determine the date on which the Customer will be present. In the case of a return of the Goods by the Supplier, the Seller will contact the customer by email or phone in order to determine the new time and cost of delivery.

7. Warranty

  1. The Seller provides the delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods are delivered with either a physical of legal defect (warranty).

  2. If a product has a defect, the Customer can:
    a) make a declaration to reduce prices or to terminate the contract of sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product for one free from defects or removes the defect.
    This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the Goods for ones free of defects or the obligation of removal of defects. The Customer can demand the Seller to replace the Goods for ones free of defects instead of removing the defects, or demand the Seller to remove the defects instead of exchanging the Goods, unless bringing the Goods into conformity with the contract in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When evaluating these costs, take into account the value of the Goods free from defects, the nature and importance of the defects, and the inconvenience to which the Customer would be subjected should the other way to satisfy the customer be chosen.
    b) require the replacement of the defective Goods for Goods free of defects or defect removal. The Seller is obliged to replace the defective product for one free of defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
    The seller may refuse the Customer's request if bringing the Goods into conformity with the Sales Agreement in a manner chosen by the Customer is not possible or would require excessive costs in comparison with the other possible way to enforce compliance with the Sales Agreement. The cost of repair or replacement shall be borne by the Seller.

  3. The Customer, who shall exercise the powers under warranty, is obliged to provide for defective Goods to be delivered to the Seller's address. In the case of a Customer who is a Consumer the cost of providing is covered by the Seller.

8. Complaints

  1. Any complaints relating to the Goods or performance of the Agreement of sale may be made in writing to the address of the Seller.

  2. The Seller shall, within 14 days of the receiving of the complaint, shall refer to the complaints on Goods or claims related to the implementation of the Agreement reported by the Customer.

  3. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address info@devtsix-store.com. The Customer's warranty claim must include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider the complaint and grant a response.

9. Guarantee

  1. Goods sold by the Seller may be guaranteed by the manufacturer or distributor of the Goods.

  2. In the case of Goods covered by the warranty, the information concerning the existence and content of the guarantee is always presented on the Store.

10. Termination of the Sales Agreement

  1. The Customer who is a Consumer who has entered into a Sale Agreement may, within 14 days, withdraw from it without giving any reason.

  2. The deadline to withdraw from the Sales Agreement starts since taking possession of the Goods by the Customer.

  3. The Customer can terminate the Agreement by submitting a statement of withdrawal to the Seller. The declaration may be made on the form which has been placed by the Seller on the Store's website at: Form of withdrawal. To comply with this deadline is enough to send a statement before its expiry. The Seller shall immediately confirm receipt of the form submitted by the Customer.

  4. In the event of cancellation of the Sale Agreement, the Agreement is considered null and void.

  5. If the Customer has made a statement to terminate the contract of sale before the Seller accepted the offer, the offer ceases to be binding.

  6. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the declaration from the Customer, to terminate the Sales Agreement and refund all payments made by the Customer to the Seller, including the original cost of delivery. The Seller may withhold the refund of payments received from the Customer until the moment of the return of the Goods by the Customer or providing of proof of sending of the Goods, depending on which event occurs first.

  7. In the event of cancellation the Customer is responsible only for the direct costs of returning the Goods.

  8. The Customer is required to return the Goods to the Seller immediately, but no later than within 14 days from the date on which the Customer has withdrew from the Sales Agreement. To comply with this deadline simply return the Goods to the address: Glavni trg 18a, 1234 Menges, Slovenia (EU), before that date.

  9. If the Seller receives a returned shipment with missing packaging or use condition the Seller will not be able to refund or only partially. This will be done at Seller's own discretion.

  10. If, due to its nature, the Goods can not normally be returned by mail, the Seller shall notify the Customer of the cost of returning the goods on the Store's website.

  11. The Seller shall refund the payment using the same method of payment which was used the customer, unless the Customer has expressly agreed to a different way of return, which does not incur any costs on the Customer.

  12. The rights described in this paragraph do not apply to the Customer, regardless of his status as a Consumer, placing an order with the Delivery location within the United Kingdom.

11. Free services

  1. The Seller provides to Customers the following electronical services free of charge:
    a) Newsletter;
    b) Keeping the Customer Accounts.

  2. Services specified in § 11 paragraph. 1 above are provided seven days a week, 24 hours a day.

  3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to certain specified services, of which he will inform Customers in a manner appropriate to amendments of Regulations.

  4. Any Customer who enters his email address, using the registration form provided by the Seller on the Store's website, is entitled to receive a Newsletter. Once the Customer submits a completed registration form, the Customer shall promptly, by email to the email address provided on the registration form, receive a confirmation sent by the Seller. From that moment the contract is concluded for the provision of electronic news service (Newsletter).

  5. The Newsletter service consists of sending by the Seller, on the email address provided by the Customer, of electronic message containing information about new products or services offered by the Seller. Newsletter is sent by the Seller to all Customers who have subscribed to the service.

  6. Each Newsletter directed to the Customer includes, in particular, information about the sender, a filled in "Message subject" specifying the content of the message and information about the opportunities and how to opt out of the free of charge newsletter service.

  7. The Customer may at any time opt out of receiving the Newsletter via the link given in each e-mail sent in accordance to the Newsletter service or through activation of the corresponding field in the Customer Account.

  8. The Customer Account service is available after registration on the terms described in the Regulations and is to provide the Customer with a dedicated panel as part of the Store, which allows the Customer modification of data provided during registration, as well as monitoring of the status of orders and the history of orders already completed.

  9. A Customer who has made the registration may request deletion of the Customer Account, and in the case of the request to remove the Customer Account by the Seller, the account will be removed within 14 days of the request.

  10. The Seller shall be entitled to block access to Customer Accounts and free of charge services in the case of the Customer acting to the detriment of the Seller or other customers, a breach of law by the Customer or the provisions of the Regulations, as well as to block access to Customer Accounts and free of charge services if justified for safety reasons - in particular, to prevent breaching the Internet Store's security by the Customer or to prevent other hacking activities. Blocking access to Customer Accounts and free of charge services from the above reasons lasts for the time necessary to resolve the issue giving rise to block access to Customer Accounts and free of charge services. The Seller shall notify the Customer about blocking the access to Customer Accounts and free of charge services by email to the address provided by the Customer in the registration form.

12. Protection of personal data

  1. The administrator of personal information voluntarily provided to the Seller during the Registration, ordering placing and in the provision of electronical services by the Seller or in other circumstances as set out in the Regulations, is the Seller.

  2. The Seller processes personal information for the purpose of Customer orders, providing electronic services and other objectives set out in the Regulations. The data is processed exclusively by law or Consent by the customer.

  3. Personal data provided to the Seller are given to him freely, provided, however, that failing to provide the data specified in the Regulations for the Registration process prevents Registration and the establishment of Customer Accounts, and prevents the submission and execution of Customer orders in case of a contract without Registration of a Customer Account.

  4. Anyone who gives the Seller his personal information has the right of access their content and to correct them.

  5. The Seller provides the ability to remove personal data from the database, especially in the case of the removal of the Customer Accounts. Seller may refuse to remove personal data if the customer fails to pay all amounts due to Seller or breach of the applicable law, and the keeping of personal data is necessary to explain the circumstances and determine the liability of the Customer.

  6. The Seller protects your personal data transferred to it and makes every effort to protect them from unauthorized access or use.

  7. The Seller transmits personal data of the Customer to the Supplier to the extent necessary to carry out deliveries.

13. Termination (not applicable to the Sales Agreement)

  1. Both the Customer and the Seller may terminate the provision of electronic services at any time and without giving reasons, with subject to the rights acquired by the other party before the dissolution of the above Agreement and the provisions below.

  2. The Customer who has registered terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of will, by any means of communication at a distance enabling the statement to be read by the Seller.

  3. The Seller terminates the contract for the provision of electronic services to the Customer by sending the appropriate declaration of intent to the email address provided by the Customer during Registration.

14. Final Provisions

  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with customers who are Entrepreneurs seller is liable only for willful causing damage and limits the losses to those actually incurred to the Customer being Entrepreneur.

  2. The content of these Rules may be perpetuated through printing, copying or downloading at any time from the Store.

  3. In the event a dispute arises under a Sales Agreement already concluded, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising under these Regulations is the Slovenian law.

  4. Every Customer can benefit from non-judicial means of dealing with complaint and redress. In this regard, it is possible for the Customer to enforce the help of a mediator. Lists of existing permanent mediators and mediation centers are made available by the Presidents of appropriate District Courts. The Customer who is a Consumer can also use extrajudicial means of complaint and redress by filing a complaint at the EU's ODR internet platform available at: http://ec.europa.eu/consumers/odr/. This platform cannot be used by the Customer, regardless of his status as a Consumer, placing an order with Delivery to the United Kingdom.

  5. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller to be carried out prior to the entry into force of the new Rules are based on the Rules of Procedure, which was in force at the date of the order by the Customer. Amendments to the Regulations enter into force within 7 days of the publication on the Store. The Seller shall notify the Customer 7 days prior to the entry into force of the new Regulations to amend the Regulations by means of electronic message containing a link to the text of the amended Regulations. In case the customer does not accept the new Regulations he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §13.

  6. Regulations come into force on October 1st 2022.