GENERAL TERMS AND CONDITIONS – BIOSTILE ONLINE STORE

Please carefully read the following General Terms and Conditions before using our website. If you order a product from the Biostile website, this means that you are familiar with the full General Terms and Conditions and agree with them. Biostile, trgovina in storitve, d.o.o., the operator of the Biostile online store, reserves the right to change the General Terms and Conditions of the Biostile website. All changes are binding for the buyer, which is why we recommend that you regularly review the adopted General Terms and Conditions.

  1. General

These General Terms and Conditions have been drawn up in accordance with regulations in the field of consumer protection, based on international codes for online and electronic commerce. The Biostile online store (hereinafter referred to as the “online store”) is operated by Biostile, trgovina in storitve, d.o.o. (hereinafter referred to as the “Merchant”).

Merchant information:

Biostile, trgovina in storitve, d.o.o., Komen 129a, SI-6223 Komen, registered with the District Court in Koper, Srg. number: 2022/41926, of 22 March 2022

Company registration number: 6004075000

ID for VAT: SI17834619, the Merchant is liable to pay VAT.

The website of Biostile is intended for the presentation and sale of products and services to the user. The contents of the website are intended for information and education and are not intended to replace a consultation with a doctor. Regarding the use of advice provided on the website, the Merchant advises that the Buyer, depending on their health condition, consults their personal physician in advance.

The User is the person using the website, i.e. the Buyer when it comes to the transaction of placing an online order.

The Buyer (hereinafter also referred to as the “Customer”, “User” or “Consumer”) is a natural or legal person ordering the delivery service of products through the Biostile website.

The Buyer shall be bound by the General Terms and Conditions applicable at the moment of placing the online order.

These General Terms and Conditions define the operation of the Biostile online store, the rights and obligations of the Visitor, User and Buyer, and the business relationship between the Merchant and the User in the role of the Buyer of products offered in the online store.

  1. Personal data and operational capacity

By registering in the online store, the Visitor acquires a username, which is their e-mail address, and a password that the User specifies himself. The username and password unambiguously define and link the User to the data that has been entered. Visitor registration certifies and warrants that the Visitor is an adult and a complete person with legal capacity. By registering, the Visitor becomes a User and acquires the right to purchase products. By purchasing a product, the User becomes a Buyer.

By purchasing or registering in the online store, the Buyer allows and agrees that the Merchant shall store, process and use the personal data provided in the online form for the following purposes: notification of news and offers by phone, in writing and by e-mail, sending invitations to events, customer segmentation, surveys, and statistical processing.

      2.1. Accessibility of information

The Merchant undertakes to make the following information available to the User at all times:

  • information on the identity of the Merchant (in particular, the name and registered office of the company and the number of the register with which the company is registered);
  • contact information that enables the user to quickly and efficiently communicate with the Merchant (e-mail address, phone number, etc.);
  • information on the essential characteristics of the products or services offered in the online store, including after-sales services and warranties;
  • information on the availability of products or services that are available in the online store;
  • the method and conditions of delivery of products or execution of services, in particular the delivery location and deadline;
  • payment method information;
  • information on the time validity of the offer from the online shop;
  • information on the period within which it is still possible to withdraw from the contract, as well as the conditions for withdrawal;
  • information on the possibility of returning products, on whether such a return will incur any costs for the User and, if so, on the amount of said costs;
  • information about the User complaint procedure and information about the contact person or the customer service.
  1. Product offer, delivery deadline and product takeover

The range of products available in the online shop is frequently and quickly changed and updated due to the nature of online shopping, which may lead to errors. We will try to correct all errors as soon as possible.

3.1. Special offers and discounts

Discounts are non-combinable! If the products on the website are already on sale or if they are already subject to any discount, additional discounts do not apply for these products. In this case, the system will offer the Customer the discount that is more favourable for the Customer.

3.2. Delivery deadline

The deadline for the delivery of products in stock is, as a rule, ten business days within the European Union. Otherwise, the product from the online shop will be accessible within a reasonable deadline.

3.3 Product takeover

Upon placing the purchase order, the User can also specify one of the following methods for taking over the ordered products: The user shall pay postage costs within the European Union up to EUR 19.00, depending on their location.

4. Payment methods

The Merchant provides the User with the following payment methods for the purchase of products available in the online store:

  • payment on delivery: in this case, the online prices shall apply (see point 5) – Only applicable within the Republic of Slovenia;
  • payment with a payment or credit card (BA, Maestro, Eurocard/Mastercard, Visa, Karanta);
  • after payment of the advance invoice to the current account of the Merchant;
  • payment via PayPal.

Payment with a payment or credit card and instalment payment is only possible if the payer information in the User profile is the same as the information for the holder of the payment or credit card available in the User profile.

  1. Prices

The online prices apply to all registered Users of the Merchant’s online store.

All prices in the online shop are specified in euro and include VAT, unless otherwise expressly specified.

All prices are valid at the moment of placing the order and do not have a predetermined validity, meaning that they are only valid until their respective change. Despite all extraordinary efforts made by the Merchant to provide the most up-to-date and accurate information, the price information might be incorrect. In the case referred to in the previous sentence, as well as if the product price changes during the processing of the order, i.e. from the moment of placing the order up to the order confirmation, the Merchant will:

  • inform the User (Buyer) of this and notify them of any new prices, in which case the User (Buyer) has the option to modify or partially or completely cancel their order or to confirm the order in accordance with the new prices, all at no additional cost; or
  • enable the User (Buyer) to withdraw from the purchase and at the same time offer them a solution that will be of mutual benefit and satisfaction.
  1. Technical procedure for concluding a sales contract

6.1. The technical steps leading to the conclusion of a sales contract are as follows:

  • the Buyer finds an individual product or kit in the range of products in the online shop,
  • the Buyer selects the product that they wish to purchase,
  • the Buyer adds the selected product to the shopping cart,
  • the Buyer determines the quantity of the product to be purchased in the shopping cart,
  • this is followed by an overview of the price of the selected product in the selected quantity, including the amount of tax charged, if applicable,
  • review of the order with the method of delivery of the product and the calculated delivery costs, if they have been incurred, as well as the confirmation and submission of the order, which also marks the completion of the purchase.

6.2. The processing aid that allows for the identification and correction of errors before placing an order is a graphical user interface that allows the Buyer to simply, without any issues and with immediate effect perform the following tasks:

  • see and review the products that they have selected and added to the shopping cart,
  • see and review the price of each product and the total price of the entire selected quantity of each product,
  • change the selected quantity of each product and calculate the new price of the quantity that has been changed,
  • remove the selected products that they do not wish to buy from the shopping cart, and
  • select the payment method.

Prior to confirming the order, the User (Buyer) may review and confirm individual changes with immediate effect using the graphical user interface.

6.3. Order accepted

After placing the order, the User (Buyer) receives an e-mail notification from the Merchant that the order has been accepted. Within 1 hour of receiving said notification, the User (Buyer) has the option to cancel the order without any consequences. Except for the possibility of cancellation, the User (Buyer) cannot change the content of the order after the order has already been placed. Comprehensive information about the status and content of each order is always available to the User (Buyer) in their profile on the website of the Merchant.

6.4. Order confirmed

If the User (Buyer) does not cancel the order, the order will be processed further. After receiving the order, the Merchant will review and verify the availability of the products ordered, and confirm or reject the order, whereby the order can only be rejected for a valid reason. In order to verify the information or ensure the accuracy of the delivery, the Merchant may also contact the User (Buyer) by telephone at the provided contact telephone number. Upon confirmation of the order, the Merchant will inform the User (Buyer) about the estimated delivery deadline by e-mail. The sales contract on the purchase of the ordered products, concluded between the User (Buyer) and the Merchant, is irrevocably concluded at this stage (see point 7).

6.5. Goods shipped

The Merchant prepares and dispatches all ordered products,and informs the User (Buyer) about it by e-mail within the agreed deadline. In the e-mail referred to in the previous sentence, the Merchant also informs the User (Buyer) about the product return policy, and also informs them about the contact persons they can turn to in case of complaints or delays in the delivery.

  1. Sales contract

The Merchant issues an invoice in writing to the User who purchases a product from the online store, with disaggregated costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if this is necessary and possible. The sales contract in the form of a purchase order is stored in electronic form on the server of the Merchant and is available to the User (Buyer) at any time in their user profile, where the Buyer can save and reproduce it.

The sales contract concluded between the Merchant and the User (Buyer) is considered concluded at the moment when the Merchant confirms the order (see point 6.2). From that moment on, all prices and other purchase conditions are considered to be fixed and shall apply to both the Merchant and the User (Buyer).

  1. Right to withdraw from the purchase, returning products

If the contract is concluded at a distance, the Buyer has the right to notify the Seller within 14 days that they are withdrawing from the contract without stating the reason for such a decision. The Buyer shall forward the notification to the Merchant at the contact e-mail address marketing@biostile.si, with an unequivocal statement, or using the form which can be found HERE. In the event of withdrawal from the contract, the Merchant shall reimburse the Buyer for all received payments immediately or no later than within 14 days of receiving the notice of withdrawal from the contract, while the Buyer shall be obliged to return the purchased products to the Merchant undamaged, in the original packaging and in the unchanged quantity within 14 days of the withdrawal from the contract, unless the products have been destroyed, damaged or lost, or if their quantity has been reduced, through no fault of the User (Buyer). The Merchant may withhold payment until they receive the returned goods or until the Consumer provides proof that they have already returned the goods, depending on which event occurs earlier. The costs borne by the User (Buyer) due to the withdrawal from the sales contract is the cost of returning the products to the Merchant.

If the postal package in which the User (Buyer) received the ordered products is physically damaged, if any contents are missing or if the package shows signs of being opened, the User (Buyer) must inform the Merchant about it and include all necessary information so that the Merchant can initiate a complaint procedure with the Slovenian Post (Pošta Slovenije), if within the Republic of Slovenia or with Pactic Delivery, if within the European Union.

For returned products, the Merchant shall reimburse the paid amount or the used gift voucher to the User (Buyer) in accordance with the aforementioned paragraph, while any used promotional codes and other discounts shall not be returned to the User (Buyer). The reimbursement of the paid amount shall be made by the Merchant to the personal or transaction account of the User (Buyer). The Merchant shall return the used gift voucher in the form of a credit note.

  1. Material defects

While we always act in good faith, any changes to the site may result in errors.

As a Consumer, you have the right to exercise your rights arising from a material defect.

Any defect on the product is considered as material if:

  • the item does not have the properties necessary for its normal use or for circulation;
  • the item does not have the properties required for the specific use for which the Buyer purchased it, but which was known to the Merchant or should have been known to the Merchant;
  • the item does not have the properties and qualities that have been explicitly or tacitly agreed or prescribed;
  • the Merchant has delivered an item that does not match the sample or model, unless the sample or model was shown only shown for informative purposes.

The Consumer may exercise their rights arising from a material defect if they notify the Merchant of the defect within two months of the date on which the defect was discovered.

The Merchant shall not be liable for any material defects of the goods which have become apparent after two years have elapsed since the goods were delivered.

The Buyer may choose, at their own discretion:

  • the rectification of the error
  • a refund of the amount paid in proportion to the error
  • a replacement of goods
  • a refund of the paid amount

If the Buyer believes that the product they have purchased has a material defect, they must notify the Merchant as soon as possible by e-mail marketing@biostile.si. The invoice or order number must be attached to the message about the material defect. The Merchant is obliged to provide the Buyer with a replacement item or with the possibility of refunding the purchase price as soon as possible.

In exercising their rights under this title, the Consumer must provide further details of the defect in the error notice and allow the Merchant to inspect the product.

If the defect is not disputed, the Merchant must comply with the request of the Consumer as soon as possible, but no later than within 8 days. If the defect is disputed, however, the Merchant must provide the Consumer with a written response within 8 days.

If the Consumer receives a free product at the time of purchase, they are not entitled to a refund of the purchase price of the free product.

The User can notify the Merchant of the defect by calling the Merchant or by informing them about it by e-mail.

If ineligible costs have incurred due to the defect, the Merchant undertakes to try to settle them no later than 30 days from the reasoned notification of the defect.

  1. Delivery

The Merchant will deliver the ordered products to the User (Buyer) within the agreed period of time. The contractual partner of the Merchant for the delivery of shipments within the territory of the Republic of Slovenia is the Slovenian Post (Pošta Slovenije). The contractual partner of the Merchat within the European Union but excluding the Republic of Slovenia is Pactic Delivery. The Merchant reserves the right to select another delivery service if the order would be delivered more efficiently using said other delivery service.

In the event of collect on delivery, the Buyer shall also pay the postage costs.

  1. Safety

The Merchant uses appropriate technological and organisational means to protect the transfer and storage of personal data and payments. The Merchant uses a 128-bit SSL certificate issued by an organization authorised for this purpose.

The Stripe system ensures safe authorisations and transactions with credit cards. Credit card authorisations are carried out in real-time with immediate verification of data with banks. Information on cards is not stored on the Merchant’s server.

The User is also responsible for guaranteeing security, by ensuring the safety of their usernames and passwords, as well as the appropriate software and antivirus protection of their computers.

  1. Child protection

In their online store, the Merchant does not accept orders from someone they know or suspect to be a child without the express permission of their parents or guardians. The Merchant does not offer free access to products or services that are harmful to children in their online store.

The Merchant will not accept any personal data relating to children without the express permission of their parents or guardians, nor will the Merchant disclose any data received from children to third parties who are not the parents or guardians of said children.

Any communication aimed at children will be age-appropriate and will not take advantage of the confidentiality, lack of experience, or sense of loyalty of children.

  1. Privacy policy

13.1. General

The Merchant undertakes to protect the confidentiality of personal data and the privacy of the Users in the online store. The collected personal data will only be used by the Merchant for the provision of the services the Merchant provides. The Merchant respects the confidentiality of personal data and the privacy of the Users in the online store, which means that the Merchant will do whatever it takes to protect them from any violations and abuses. The personal data of Users is one of the areas to which the Merchant pays extreme care and attention, as the Merchant is well aware of the sensitive nature of this area.

13.2. Personal data use

For the purposes of providing the services it offers, the Merchant collects, manages, processes and stores the following data about the Users:

  • first and last name;
  • delivery addresses;
  • company name or the title of the legal entity (if the User is a legal entity);
  • the ID for VAT of the legal person (if the User is a legal entity);
  • e-mail address (username);
  • password (in encrypted form);
  • contact telephone number;
  • country of residence;
  • other information that the User voluntarily enters into the forms available in the online store;
  • other information that the User voluntarily adds later in their profile.

The Merchant is not responsible for the correctness, completeness and accuracy of the data entered by Users.

13.3. Cookies and IP addresses

At the beginning of each use of the online store, the Merchant assigns each User a cookie to identify, monitor the shopping cart and ensure traceability (the so-called “cookie”), which is stored in the server’s memory, but only for the duration of the visit to the online store, and is deleted after one hour of inactivity. The Merchant may also store some persistent cookies on the personal computer of the User, such as the User’s identification number in encrypted form for the identification on the next visit to the online store or the evaluation of items, by means of which the User knows which items have already been evaluated by them, and can indirectly also store cookies of the external Google Analytics service, which serve the purpose of analysing website visits. The Merchant may use this data in anonymised and summarised form for statistical analysis purposes. For the purpose of ensuring online security, the Merchant also collects IP addresses that the Users use to access the online store.

13.4. Statement on the protection of personal data confidentiality and privacy of Users

In accordance with the regulations governing the protection of personal data, the Merchant is obliged to protect the personal data of the Users of its online store. The Merchant shall not, under any circumstances, without the express permission of the User, provide personal or other data of the User to a third party and shall not allow a third party to inspect the personal or other data of the User, unless requested to do so by the state authorities, if such an obligation is laid down by law, or in good faith that such action is necessary for proceedings before courts or other state authorities and for the protection and realisation of the legitimate interests of the Merchant.

All personal and other data provided by the User when logging in to the online store, as well as when ordering the purchase of products, including the content of said orders, will be protected in accordance with the regulations governing the protection of personal data. The Merchant will not use this information for any purpose that would in any way harm the User or any other person involved. The Merchant will not use the data of the User to send promotional emails or other unwanted promotional material, except for sending the promotional notices to which the User will subscribe or with which they will consent. The Merchant may use this data in anonymised and summarised form for statistical analysis purposes. The confidentiality of personal and other data of Users will not be violated in any form.

The Merchant will keep the personal data of the Users in the personal data collection only for as long as is strictly necessary to achieve the purpose for which the personal data has been collected and kept.

The Merchant will only provide the delivery service with the information necessary for the delivery of the purchased products in the online store (information on the recipient and the delivery address). The Merchant will contact the User via e-mail if this is necessary for the execution of the purchase in the online store, and using the contact telephone number if any problems occur in the process of registration or purchase in the online store.

13.5. Implementation of the Privacy policy

In accordance with the Personal Data Protection Act, the Merchant is regulating the protection of personal data through the Rules on Personal Data Protection.

All regular or part-time employees of the Merchant who have access to personal and other data of users are familiar with the provisions of the Rules on Personal Data Protection, as well as the duty to protect personal and other data, and are obliged to comply with these provisions on the protection of confidentiality of personal data and privacy of Users of the online store. The duty to protect personal and other data applies indefinitely, even after the termination of the relationship with the Merchant.

Registered Users can stop using the online store at any time and can cancel their registration. They may do so by notifying the Merchant in writing of the cancellation of their registration. Before providing their statement on the cancellation of registration, the User must settle all outstanding obligations related to the purchases made in the online store. The Merchant will also protect the confidentiality of personal data and the privacy of the Users of the online store under this Privacy policy in the event of the cancellation of registration.

13.6. E-mail and SMS notification

The User of the online store agrees to receive e-mail and SMS notifications about the status of their order, purchase assistance, promotions, and discounts.

13.7. Additional explanations

If you have any questions, problems or comments about this Privacy policy, you can send us an e-mail at: marketing@biostile.si.

  1. User reviews and product reviews

Opinions, comments and product reviews provided by Users or Visitors are part of the functionality of the online store and are intended to be used by the User community.

The Merchant is not responsible for the content of opinions, comments and product reviews provided by Users or Visitors. The Merchant shall examine opinions, comments and reviews before publishing them, and shall reject those that contain obvious untruths, are misleading, offensive or obscene or, in the Merchant’s opinion, do not provide any benefits to other Users or Visitors of the online store. The Merchant is not responsible for any information contained in the opinions, comments and reviews, and shall not be held liable for any responsibility arising from this information.

By providing their opinion, comment or review, the User or Visitor explicitly agrees with the conditions of use and allows the Merchant to publish a part or all of the text in all electronic and other media. The Merchant is entitled to use the content of the opinion, comment or rating without any time limits and for any purpose which is in the commercial interest of the Merchant, including by publishing them in ads or other forms of marketing communication. The author of the opinion, comment or rating simultaneously declares and ensures that they are the owner of the material and moral copyrights for the written opinions, comments or ratings, and that they transfer these rights to the Merchant free of charge, non-exclusive and for an unlimited time period.

  1. Responsibility

The Merchant shall use its best endeavours to ensure that the information published in its online shop is up-to-date and correct, but the characteristics of the products, the delivery date or the price may change so quickly that the Merchant will not be able to correct the information published in the online shop in a timely manner. In such a case, the Merchant shall notify the User (Buyer) of any changes and enable them to cancel or change the order (see point 5).

Although the Merchant strives to provide accurate photographs of the products sold in the online shop, all photographs must be considered as symbolic. The photos do not represent the characteristics of the product.

From the moment of handing over the ordered products to the post office, the Merchant shall not be liable for any cases in which physical damage, destruction or loss of shipment may occur, as well as for any missing content in the shipment, or if the shipment shows any signs of being opened. In these cases, the User (Buyer) must immediately report the damage to the Merchant and, in the event of damage to the shipment, do so by bringing the shipment to the nearest post office in the same condition as it was received, without adding or removing anything, and fill in the complaint record. In cooperation with the Pactic Delivery, the Merchant will make sure that the complaint is resolved as quickly as possible.

From the moment of handing over the ordered products to the post office, the Merchant shall not be liable for any cases in which physical damage, destruction or loss of shipment may occur, as well as for any missing content in the shipment, or if the shipment shows any signs of being opened. In these cases, the User (Buyer) must initiate a complaint procedure with the Pactic Delivery In the event of damage to the shipment, they must do so by bringing the shipment to the nearest post office in the same condition as it was received, without adding or removing anything, and fill in the complaint record. In cooperation with the Pactic Delivery the Merchant will make sure that the complaint is resolved as quickly as possible.

  1. Out-of-court settlement of consumer disputes

Pursuant to the statutory norms, Biostile d.o.o. does not recognize any provider of out-of-court consumer dispute settlement as the competent party for settling a consumer dispute which could be triggered by the Consumer pursuant to the Out-of-Court Settlement of Consumer Disputes Act.

The Merchant who enables the services of the online store in the territory of the Republic of Slovenia as the provider of goods and services publishes, on its website, the link to the platform for the online resolution of consumer disputes (SRPS). The platform is available to customers HERE.

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

The Merchant shall confirm, within 5 working days, the receipt of the complaint, and inform the User (Buyer) of how long they shall be processing it, and shall also continuously inform the User on the progress of the procedure. The Merchant shall try to resolve all possible disputes to the best of their abilities by mutual agreement. The Merchant and the User (Buyer), as participants in electronic commerce, mutually recognise the validity of electronic messages in the resolution of disputes.

For these General Terms and Conditions and for all disputes between the Merchant and the User (Buyer).

  1. Amendments to the General Terms and Conditions

In the event of any amendments to the regulations governing the operation of online shops, data protection and other areas relating to the operation of the Merchant’s online shop, as well as in the event of any amendments to the Merchant’s own business policy, the Merchant may amend and/or complement these General Terms and Conditions, and promptly inform users about that in an appropriate manner, particularly using e-mail notifications. Any amendment to the General Terms and Conditions shall enter into force and begin to apply after a period of 8 days from the date of publication of the amendments. If an amendment of the General Terms and Conditions is deemed necessary due to the harmonisation with regulations, this amendment may, as an exception, enter into force and begin to apply in a shorter period of time.

A User who does not agree with the changes and/or amendments to these General Terms and Conditions must cancel their registration within eight days of the publication of the notice on the change and/or amendment of the General Terms and Conditions; after the expiration of this deadline, it is considered that the User accepts the changes and/or amendments to the General Terms and Conditions, and no proof to the contrary shall be considered as admissible. The User can cancel their registration by notifying the Merchant of that through a written statement.

The amended General Terms and Conditions were adopted by the Director of Biostile d.o.o., Dalibor Kosmina, on 24th of April 2024.

We wish you a lot of pleasant and affordable purchases in our online store!