General terms and conditions of Berryshka online store

General terms and conditions of the Berryshka online store are available at: www.berryshka.com (hereinafter: the online store). They determine the conditions of purchase and sale of products, and are drawn up in accordance with the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 98/04, hereinafter: ZVPot), Consumer Protection against Unfair Commercial Practices Act (Official Gazette of the Republic of Slovenia, No. 53/07, hereinafter: ZVPNPP), the Electronic Commerce Market Act (Official Gazette of the Republic of Slovenia, No. 96/09, hereinafter: ZEPT). The online store is managed by Berryshka d.o.o., Šentvid pri Stični 152, SI-1296 Šentvid pri Stični, Slovenia (hereinafter: the seller, the company or the provider).

The visitor can register and obtain a username, which is the same as the e-mail address, and set a password to become a registered user in the online store. The username and the password of a registered user unambiguously define and link the registered user to the data entered. By registering, the visitor becomes a registered user and acquires the right to purchase (a registration is not a condition for a purchase. Registration is only an option allowing data storage so the buyer does not need to enter all the data every time. Registration is also possible during the purchase process. A registered user is a person who uses an online store, i.e. a buyer in an online store.). A purchase in an online store can also be done as a quick purchase, whereby the buyer needs to enter an e-mail and other information marked with a * in order to be able to complete the order. When buying without registration, the buyer is considered a guest.

The seller’s and the buyer’s mutual obligations in purchasing via the online store are regulated by these general terms and conditions. Each buyer is obliged to provide the required data, which are processed and stored in accordance with Slovenian legislation upon placing the order (the protection of personal data is governed by a separate document available here). These general terms and conditions apply to both the buyers who are natural persons as well as legal entities, whereby the terms of withdrawal and material defect apply only to the consumers (a natural person who acquires or uses goods for the purposes outside his or her professional or gainful activity).

The general terms and conditions deal with the functioning of the online store, the rights of the buyer and the business relationship between the seller and the buyer. The general terms and conditions apply between the seller and the buyer at any purchase in the online store when purchasing the goods or the products. The buyer expressly agrees with these general terms and conditions and fully agrees with them when confirming that he or she have been acquainted with them in a separate window prior to placing the order. The terms written in a grammatical form of a male or female gender are used as neutral and apply equally to both genders.

To buy in an online store you need to be over 18 years old. By confirming your agreement to the general terms and conditions, you acknowledge to be over 18 years of age.

Information about the seller

Berryshka d.o.o.,
Šentvid pri Stični 152,
SI-1296 Šentvid pri Stični, Slovenia
Tax number: SI22324437
Registration number: 8240051000
E-mail: info@berryshka.com
Tel. No.: +386 51 656 558
VAT taxable person: YES
Entry in the companies registry: Ljubljana District Court under Srg. 2875/89 of 05/02/1990
Bank account number: IBAN SI56 0202 2001 4828 156 (NLB d.d.), IBAN SI56 0310 8100 0525 996 (SKB d.d.), IBAN SI56 2900 0005 5230 687 (UNICREDIT BANKA SLOVENIJA d.d.)

Accessibility of information

(summary of legislation)

The seller undertakes to always provide the buyer with the following information:

Company identity (company name and registered office, registry number)
Contact details that enable the user to communicate quickly and effectively (e-mail, phone)
Essential characteristics of the goods or services (including after-sales services and warranties)
Availability of products (any product or service offered on the website is to be accessible within a reasonable period of time)
The terms of delivery of the product or the execution of the service (manner, place and time of delivery)
Prices, which must be clearly and unambiguously set and must show clearly whether they already include taxes and transport costs
Method of payment and delivery
Time validity of the offer
A period allowing to withdraw from the contract and the conditions for withdrawal; also an explanation about the possible cost and how much it costs to return the product by the consumer
Explanation about the complaint procedure, including any contact details of the contact person or buyer service

Payment methods

Online store offers the following payment methods:

Payment on delivery:

With cash on personal pickup at the registered office of Berryshka d.o.o., Šentvid pri Stični 152, SI-1296 Šentvid pri Stični, Slovenia.
With cash on delivery of an order, delivered by the Post of Slovenia (Pošta Slovenije) delivery service. The ordered goods are paid to the Post of Slovenia upon receipt of the goods.

Payment by bank transfer. When we receive your order, we will send a pro forma invoice with all payment details to your e-mail address. After your payment of the pro forma invoice and we receive your payment of the purchase price to our business account, the goods will be shipped to the specified delivery address. In this payment method, the buyer may be charged with the costs of bank transfer, the amount of which depends on the buyer’s bank. The buyer must make the payment within 3 days of confirming the order. If the buyer fails to make the payment within that period, we invite the buyer to make the payment via the communication means the buyer provided. If the buyer still does not pay the purchase price after our invitation to do so, we will consider the buyer withdrew from the contract and the contract will be considered as terminated.

Prices in the online store

The prices in the online store apply to all buyers in the online store at the time of placing the order. The prices listed in the online store do not have any predetermined validity. All prices are in EUR and include VAT, unless explicitly stated otherwise.

We reserve the right to change the prices unless otherwise stated (in case of sale and special discounts for example). The prices are valid at the time the order is placed and are valid until cancelled. The prices are valid in the event of payment with the payment methods mentioned above, under the above-mentioned conditions. Those prices only apply to purchases made in an online store.

Despite the seller’s efforts to provide the most up-to-date and accurate information, price information may be inaccurate. The company reserves the right to withdraw from the contract if a crucial material error is identified in accordance with Article 46 of the Code of Obligations.

Order shipment and delivery/receipt of goods

The products ordered and in stock are scheduled to be shipped the next business day and, in the case of payment by bank transfer, the next business day after the payment receipt. If the product is not in stock, the buyer will be notified by e-mail within one business day, or this information is already evident in the online store.

The seller shall cooperate with the Post of Slovenia in providing the delivery in the territory of Slovenia. The Post of Slovenia is expected to deliver the delivery within 3 days of the order shipment.

Delivery costs (including VAT):

Purchase up to €50 -> €6.68
Purchase over €50 -> FREE delivery

The Post of Slovenia does not charge any additional fee when paying the invoice.

Personal pick up of ordered goods:

In person at the seller’s registered office: Berryshka d.o.o., Šentvid pri Stični 152, SI-1296 Šentvid pri Stični, during the working hours of the store between 7 am and 3 pm. Once the goods you’ve ordered are ready for pick up, we will notify you via an e-mail.

If the seller cannot ship the order within the stated deadline for unforeseen reasons, the buyer shall be informed of the new delivery via the contact details provided. The seller shall not be held liable for the non-delivery of the goods within the prescribed period for reasons outside of the seller’s control. If the buyer does not receive the ordered goods within the specified period, the buyer must ask the seller to fulfil their obligations and set an additional deadline for fulfilling their obligations. If the seller fails to deliver or to fulfil the obligations within an additional period, the buyer may withdraw from the concluded contract and demand repayment of the amounts already paid for the purchase of the goods.

The buyer or the guest buyer of the order is notified of the status of the order by e-mail. The message shows the status of the order (in process, completed).

Order

The purchase contract between the seller and the buyer is concluded the moment the seller confirms the placed order (the buyer receives an e-mail with order information). From this moment, all prices and other conditions are fixed and apply to both the seller and the buyer. The purchase contract (the so-called e-mail about the order information received by the buyer) is stored electronically on the seller’s server. The purchase contract (the order) is also accessible to the registered user in own user profile (My).

Until full payment of the products from each order, the ordered products remain the property of the seller even if already delivered to the buyer. In case of non-payment or incomplete payment, the seller also has the alternative right to request the return of the product in perfect condition from the buyer.

Purchase process before placing an order

Choosing the products: Before placing an order, you must select the desired products in the online store. To do so, click the “Add to Cart” button in the view of each product.
Confirming the cart or order summary: After selecting the appropriate products, you move to the cart or checkout page. Here you can check the products you’ve chosen, change the quantity accordingly, add new products, or remove them from your cart.
Login: This purchase step requires you to enter personal data. The purchase can be made as a guest (quick purchase, no data saving), or register and purchase via registration.
Address: Specify the address you want your order to be delivered to. The delivery address may be different from your personal address – in which case we send the selected products to the address you choose.
Delivery: When choosing a delivery, you can choose the delivery method (Post of Slovenia, personal pick up of the order) by clicking on the delivery you prefer.
Payment: The final step is to select the payment, to make the final check and finally to confirm your order. By clicking the purple button, you agree with your order to be placed, with the payment, privacy policy and business conditions, and confirm your purchase with the obligation to pay.

Purchase process after placing an order

Order in queue. After the order is placed, the buyer receives a notification by e-mail that the order is accepted for PROCESSING. Information on the status and content of the order is always available to the buyer on the seller’s website.
Order confirmed. The order is further processed when the seller reviews the order, checks the availability of the ordered goods and confirms the order or rejects it with stating the reason. The seller may call the buyer on the contact phone number to check the data or ensure the accuracy of the delivery. When the order is placed, the seller informs the buyer by e-mail about the expected delivery date. The contract for the purchase of ordered goods between buyer and seller is irrevocably concluded at this stage.
Goods shipped. The seller shall prepare and send the goods, and inform the buyer by e-mail. The seller also informs the buyer in the aforementioned e-mail about the return policy, who to contact in the event of a delivery delay, and where to turn in case of a complaint.

Promo code (discount coupon)

The seller may occasionally offer buyers a promotional code for individual products, product groups or the whole purchase, depending on the individual promotional code and the terms and conditions applicable to each promotion. The buyer can obtain a promotional code e.g. via e-mail, on a card received in the shipment delivered, via Facebook or Instagram, depending on the promotion. Promo code can be entered into the respective field of the online store, and only one promo code can be used for one purchase. Promo code is automatically deducted from the value of the order. All promo codes are limited in time and have their validity date stated. If the buyer uses the promo code and later cancels the order, withdraws from the contract or the promo code is no longer valid, the promo code can no longer be used. Promo codes cannot be exchanged for cash.

Account

Upon delivery of the ordered goods, the seller encloses a printed invoice for the buyer in the package. In case of a personal pick up, the buyer receives a printed invoice. The invoice includes a breakdown of the price and all costs related to the purchase. The buyer is obliged to check the correctness of the data before placing the order. Subsequent objections regarding the correctness of the issued invoices are not taken into account.

Right to withdraw, return of goods

A buyer who orders the products in the online store can withdraw from the contract (purchase) for any reason, within 14 days of receiving the ordered goods. In doing so, the buyer must clearly and unequivocally inform the company (in writing or at the e-mail address: info@berryshka.com, or also by using the form below) that he or she withdraws from the contract, without having to give a reason for this decision. The period starts on the day following the receipt of the goods. Then the goods must be returned undamaged, in original packaging and in unchanged quantity to the company within 14 days of the notification (to the address: Berryshka d.o.o., Šentvid pri Stični 152, SI-1296 Šentvid pri Stični). The consumer is responsible only for the reduction in the value of the goods if the reduction of the value is due to conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.

We refund all payments made to the buyer within 14 days of receiving the message, but the refund can be withheld until we receive the returned goods or until the buyer provides a proof of actually sending the goods, using the same means of payment as for the purchase, unless the buyer explicitly requested the use of another means of payment and if the buyer does not bear any costs as a result. The buyer cannot claim reimbursement of the additional costs incurred if the buyer has expressly opted for another type of shipment, such as the most cost efficient standard shipment offered by the seller.

The consumer shall not have the right to withdraw from the purchase in the cases specified in the fifth paragraph of Article 43, of the Consumer Protection Act (ZVPot) for the following contracts:

For the goods or services, the price of which depends on fluctuations in markets to which the company has no influence and which may occur within the period of withdrawal from the contract;
For the goods made according to the precise instructions of the consumer and adapted to the consumer’s personal needs;
For the goods that are perishable or expire quickly;
For the supply of sealed goods not eligible for reimbursement for health or hygiene reasons, where the consumer has opened a seal after delivery;
For the supply of goods which by their very nature are inseparably mixed with other items;
For the supply of alcoholic beverages, the price of which is agreed upon the conclusion of the sales contract, which can be delivered after 30 days, and their actual value depends on the fluctuations in the market to which the company has no influence.

The costs incurred in returning the goods shall be borne by the consumer. The returned products should be unused, undamaged and in their original packaging. The consumer must attach a copy of the invoice to the return.

Familiarization with liability for material defects

The seller shall be liable for material defects in the goods purchased in the online store.

According to Consumer Protection Act (the ZVPot), a defect is material if:

The item does not have the characteristics necessary for its normal use or trading
The item does not have the characteristics necessary for the specific use for which the buyer is purchasing it, but which was known to the seller or should have been known to the seller
The item does not have properties and qualities that have been explicitly or tacitly agreed or prescribed
The seller has delivered an item that does not match the pattern or model, unless the pattern or model was shown for demonstration purposes only

The suitability of the goods for normal use is assessed in relation to ordinary goods of the same type and taking into account any statements by the seller about the characteristics of the goods, made by the seller in particular through advertising, product presentation or indications on the goods themselves.

The buyer may exercise his or her rights under material defect if the buyer has informed the seller of the defect within two months from the date on which the defect was discovered. The buyer must describe the defect in detail in the defect notice and allow the seller to inspect the item. The defect notice may be communicated by the buyer to the seller in person at the company’s registered office, but may also be sent by e-mail to info@berryshka.com, where the buyer may also submit video or pictorial materials. The buyer, who has correctly informed the seller about the defect, has the right to demand that the seller:

eliminates the defect on the goods or
returns part of the paid amount in proportion to the defect or
replaces the goods with new flawless goods or
returns the amount paid.

If the existence of a defect in the goods is undisputed, the seller must comply with the buyer’s request to rectify the defect as soon as possible, but no later than within eight days. The seller shall respond in writing to the buyer upon request no later than eight days after its receipt if the existence of the defect is disputed. The seller shall not be held liable for material defects in the goods appearing after two years have elapsed since the item has been handed over. A defect on the item shall be deemed to have existed at the time of delivery if it appears within six months of delivery.

Return of damaged shipments

If the package is physically damaged, if the content is missing or shows signs of opening, the buyer must initiate a complaint procedure with the courier service that delivered the package. You do so by informing us and we will send a courier service to your address as agreed, the courier service will pick up the package in the same condition as you received it (without you adding or removing anything) and you shall fill out the complaint record. If the package is physically damaged, if the content is missing or shows signs of opening, you can refuse to take the shipment from the delivery person who delivers the shipment. Please inform us about this at info@berryhska.com. If you do not refuse the shipment from the delivery person, inform us about the shipment and, in agreement with you, we will send you a courier service to pick up the shipment in the same condition as you received it (without you adding or removing anything). We also ask you to take a photograph of the goods and provide us with photographic proof at info@berryshka.com. We and the courier service will make sure the complaint is resolved in the shortest possible time.

Important

When returning the products, you need to attach a copy of the invoice. The address for returning the goods to the seller is Berryshka d.o.o., Šentvid pri Stični 152, SI-1296 Šentvid pri Stični. We recommend you use a courier service that allows you to track your shipment. Prepare the goods properly for transport (secure packaging). The shipping costs are always borne by the sender (buyer), unless otherwise agreed in advance. We do not accept collect on delivery shipments.

If you have additional questions, we invite you to call us on +386 (0)1 78 00 144 or write to us at info@berryshka.com and we will be happy to answer all your questions.

Personal data protection

The seller undertakes to permanently protect all personal data of the buyer. The seller will use personal data exclusively for the purposes of order fulfillment and other necessary communication as defined in a separate privacy policy document.

The user’s data will never be revealed to unauthorized persons. The registered user is also responsible for the protection of own personal data by ensuring the security of their own username and password. If the registered user identifies an abuse or any other interference by a third party in his or her user account, he or she shall immediately communicate this to the seller via an e-mail to info@berryshka.com so we could temporarily suspend the user account in order to prevent further abuse.

Disclaimer

The seller makes every effort to ensure that the information published in the online store is up-to-date and correct. Nevertheless, the product features, delivery dates or prices may change so quickly that the seller is unable to correct the data in the online store. In such a case, the seller will inform the buyer about the changes and allow the buyer to withdraw from the order or change the ordered product.

The company is not responsible for the delay or non-delivery of goods in case of force majeure in accordance with Article 153 of the Code of Obligations.

The seller is not responsible for links to third-party websites that are not part of the seller’s website or online store.

Complaints and dispute resolution

The seller has an established complaint resolution system and has a designated person whom the buyer can contact in case of problems, dissatisfaction or any other question by e-mail: info@berryshka.com or by regular mail to the address: Berryshka d.o.o., Šentvid pri Stični 152, 1296 Šentvid pri Stični, Slovenia. The seller will confirm within five working days the receipt of the complaint, inform the buyer how long it will take to process it and keep the buyer informed about the progress of the procedure.

The seller is aware that an essential characteristic of a consumer dispute, at least as far as judicial 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 for the consumer not to bring a dispute before a court. Therefore, the seller shall make every effort to resolve any disputes amicably.

In accordance with Article 32 of the Out-of-Court Consumer Dispute Resolution Act (ZIsRPS), the seller does not recognise any seller of out-of-court consumer dispute resolution as competent for the resolution of a consumer dispute.

The seller is engaged in online sales, therefore it publishes an electronic link to the platform for the online resolution of consumer disputes on its website. The web link to the online resolution of consumer disputes can be accessed by e-mail at http://ec.europa.eu/odr.

The arrangement derives from the Law on the Out-of-Court Settlement of Consumer Disputes Act, and the Regulation (EU) No. 524/2013 Of the European Parliament and of the Council on the online settlement of consumer disputes.

Intellectual property

All intellectual property rights are reserved to the seller. All texts, images, graphics, animations, videos and other content (collectively “content”) in the online store and on the website www.berryshka.com are protected by copyright or are subject to other intellectual property protection. The seller is the owner of this content or has acquired the appropriate rights to use it. This content may not be copied for any commercial distribution or use, nor may they be recorded and republished on other websites not owned by the seller, without obtaining the prior written consent of the seller.

Warnings

The sale of alcoholic beverages to minors is prohibited. The buyer must be of legal age. Otherwise, the seller immediately withdraws from the contract.

The Ministry of Health warns: Excessive consumption of alcohol is harmful to your health!

Final provisions

The current legislation of the Republic of Slovenia applies to all areas that are not explicitly defined in the text of these general terms and conditions.

These general terms and conditions of business apply to the seller and the buyer from the date of their acceptance, until their cancellation or change. The seller reserves the right to change the general terms and conditions of business and will announce any possible changes on its website and publish new or amended general terms and conditions of business.

The declaration of the consumer on withdrawal from the distance contract