GENERAL TERMS AND CONDITIONS – Capucinne

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of the www.capucinne.com online shop are drawn up in accordance with the Consumer Protection Act – ZVPot (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 98/2004-UPB2, 126/2007, 86/2009, 78/2011), Electronic Commerce Market Act – ZEPT (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 96/2009-UPB2), Obligations Code – OZ (97/2007-UPB1), and the International E-Commerce Code of Conduct. For more detailed information about the Consumer Protection Act you can visit here.

OWNERSHIP AND COPYRIGHT

Capucinne.com website is owned and operated by MinimialVS d.o.o. Unless stated otherwise, all content and other materials published on this website, including, without limitations text, graphics, logos, icons, images, designs, artwork, audio and video files and other files is the proprietary property of MinimalVS d.o.o. or its affiliates, licensors or users and, for the avoidance of doubt, it is protected by Slovenian and international copyright laws, and various other intellectual property rights and regulations on international level.

Nothing contained on the Capucinne.com website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Capucinne.com website without the written permission of MinimalVS d.o.o. or any third party that may own such trademarks or service marks. MinimalVS d.o.o. will enforce its intellectual property rights to the fullest extent of the law.

TRADEMARKS

Capucinne.com logos and any other product or service name or slogan or other marks contained on our website are trademarks of MinimalVS d.o.o. and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MinimalVS d.o.o. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Capucinne brand" or any other name, trademark or product or service name of Capucinne.com without our prior written permission. Any kind of Capucinne.com marks may not be used in connection with any product or service that is not Capucinne.com, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Capucinne.com. All other trademarks related to the products sold on this website are the sole property of their respective owners.

USE OF THE SITE

The provider undertakes to always provide their clients with the following information:

the corporate identity (name and address of the registered office of the company, Register Number),
contact information, which allow the consumer a quick and efficient communication (e-mail address, contact number)
essential characteristics of the products or service (including sales service and warranties),
product availability (every product or service offered online should be available in reasonable time),
delivery and performance terms (the method and period for delivery of the items or performance of the service),
all prices must be clearly and unambiguously set and it must be made clear whether the price includes the VAT and shipping costs,
payment and delivery method,
offer validity period,
the withdrawal period and the conditions for withdrawing from the contract, including potential withdrawal charges,
explanation of the appeal process, including the information about the contact person or the customer service.

With the purchase confirmation in the MinimalVS d.o.o. online shop, you agree to the following terms:

you confirm that you have read the terms and conditions, terms of use, and terms and scope of business provided by the online shop owned by MinimalVS d.o.o., and that you understand these and agree to be bound by them;
that you are legally protected by the Consumer Protection Act – ZVPot, namely, the congruent norms determine the high degree of uniformity of the services provided by the online store itself, while at the same time prevent the service provider from arbitrariness and inadequate limitations within the general terms and conditions that would not reflect our personal respect for the client;
that the personal information provided is valid and necessary to ensure the order is correctly fulfilled and later delivered to the desired address;
that you have carefully read all the terms and conditions of purchase and delivery, and expressly agree that the service provider is not liable for consequences of any irregularities and inaccuracies of the information provided that is generally verifiable, and that in accordance with business practices, the client is obliged to duly notify the service provider of them immediately;
that you expressly agree the personal data voluntarily disclosed is required for the service fulfillment and is subjected to the Personal Data Protection Act, and confirm that you are aware of the purpose of collecting this information (only for the purposes of fulfilling the order and providing a service);
the order is considered accepted when it is accepted by the service provider, which simultaneously means the conclusion of the sales contract;
all designs (including custom designs) are in sole property of MinimalVS. They may be used for promotional purposes which may include video and website availability. We do not offer exclusivity for any kind of designs purchased;
the delivery is properly carried out when the package is signed for by the person at the address indicated as the delivery address;
the client explicitly agrees that the service provider is not responsible for the delivery, insofar as the client immediately sends the complete and properly arranged documentation regarding the order, and in particular the certificate of proper shipment of the parcel. In any event, incurred losses cannot exceed the value of the order, which the client paid to the service provider;
the client explicitly agrees any inbound duties and taxes which their local customs authority deems appropriate are their responsibility and to be paid by them. The aforementioned duties and taxes cannot be the reason for a cancellation;
all personal data necessary for the proper fulfillment of the order will be carefully protected and will not be disclosed to third parties, except in precisely legally defined cases. Depending on the content and duration of each service, we will keep your information exclusively until the expiration of the appeal period regarding the protection of consumer rights, and after that time, only in cases when you give consent for the inclusion of your information in the data collection for our electronic notification system;
employees and outworkers of the online store who, within the limits of their authority and powers, process and use personal data relating to the fulfillment of online store services, which they have obtained based on your explicit consent that also indicates the legal framework for the use of personal data, undertake to respect your privacy absolutely, and we will issue an appropriate notice of any unauthorized or unacceptable interference in your privacy;
General Terms and Conditions are drawn up in accordance with Slovenian legislation and international regulations and directives, so everything that is not specifically regulated in these terms is a binding law for us, interpreted and applied in accordance with the practices that are customary for the service provider headquarters’ location;
In the event of disputes arising in connection with the terms and conditions of sale and operation of the online store, we will assess your appeal objectively and fairly, taking into account the reasons for the appeal, in which case, if we fail to reach an agreement on the appeal, all claims and business documentation regarding the service provided and the resolution of the dispute will be submitted to the Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia, which will determine the type of procedure, inform both parties of the procedure, and decide in accordance with their rules and regulations;
disputes arising from the order of online store services will be judged under Slovenian law, regardless of your residence or place of delivery. The established court jurisdiction, based on the service provider's headquarters location, is enforced if you state, at the time of order placement, that you are opposed to the procedure of out-of-court settlement of the dispute.

SALES PROCESS

a) Order

When you place an order on the Capucinne.com website, you are solely responsible for maintaining the confidentiality of your personal information provided and for restricting access to your computer. Kindly note that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. You confirm that all information and details provided by you are true, accurate and up to date in all respects and at all times.

Please note that completion of the online checkout process does not constitute our acceptance of your order to purchase products or services from us. We will notify you by e-mail as soon as possible (but not later than in 3 working days) to acknowledge that we have received and are processing your order (“Confirmation Notice”).

If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via e-mail) and we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.

b) Product prices

We pay high attention that data, published on Capucinne.com website are accurate, however it may happen that certain data, including prices, may be inaccurately displayed on our website due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.

All product prices listed are in USD ($) and exclude VAT and import duties that might apply.

For a visual presentation of customization(s) we offer 2 different options to the consumer: 3D preview or Photoshop mock-up.

For either of the options the consumer shall place a deposit, which is later on deducted from the final price in case the consumer places a purchase order. If the consumer does not place a purchase order, the deposit is kept for the work time of the provider.

The deposit for any of the options shall be paid through the listings, which are published on the website. The listing for the deposit for the 3D preview is:

https://capucinne.com/products/deposit-for-3d-preview,

and the listing for the deposit for the Photoshop mock-up is:

https://capucinne.com/products/deposit-for-photoshop-mockups

c) Delivery

We hold the right to choose the carriers at our own discretion. Delivery timescales vary depending on the delivery address.

If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, we reserve the right to deduct the cost for returning products to Capucinne shipping address from the customer's refund for the order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

Where the supply of your product(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but, to the maximum extent permitted by law, shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

d) Order cancellation rights, Returns

The cancellation of an order is subject to the terms and conditions and applicable statutory provisions for the return of goods.

Return policy for the purchased goods varies, depending on whether the purchased product is non-personalized or personalized, as follows:

Non-personalized products

For the return of non-personalized goods purchased under a distance or off-premises contract, Article 43.č of the Consumer Protection Act (ZVPot) stipulates that the consumer has the right to notify the company within 14 days of the receipt of the goods with a request to withdraw from the contract, without the need for them to state the reason for their decision. A message is deemed timely if the consignment is submitted within the time limit. The only costs to the consumer in respect of cancellation is the direct cost of returning the goods and a 10% cancelation fee, which covers the actual costs of returning the product (such as shipping fee for initial sending the product to the customer, re-sizing the product for the next customer, etc.). For the rushed orders besides the cancellation fee the rush order fee is not being returned also. The item must be returned to the company no later than thirty days after the notice of withdrawal. The latter must be returned to the company no later than thirty days after the notice of withdrawal. The return of goods within the cancellation deadline shall be considered a notice of withdrawal. The right of withdrawal is the right of the consumer, due to the very nature of the distance contract.

Personalized and customized products:

Personalized and customized products cannot be refunded once order is made and semi-products for the related order are ordered or delivered, unless the product is damaged/defective upon arrival, or materially different from what was ordered. This does not affect consumer's statutory rights. However, we take special care to ensure our every product is made to a high standard and will be inspected carefully by ourselves before dispatch in order to minimize probability of such cases to happen.

The refund is not possible for the following products:

all customized products (all products made according to consumer's specifications and instructions),
all personalized products (items engraved per customer’s request),
items with discount applied,
instalment payment orders.

This means that we cannot provide refunds or exchanges on items that have been specifically made to order for you and items that have been customized, altered or personalized in any way. This includes, but is not limited to: discounted, lay-away/financed, one-of-a-kind orders/designs, made to fit, and custom orders, which includes custom gemstones.

Cancelations of order before being delivered carry a 10% cancelation fee of the sum of the entire order, which covers the actual costs of cancelling the product (such as re-sizing the product for the next customer, etc.), shipping charges not included, provided that the order is not late from the vendor’s side.

We reserve the right to refuse returned items we deem as not in sellable condition, damaged, altered, or used.

We kindly ask that consumers understand that the product cannot be refunded on the grounds that a consumer simply does not like a product.

The consumer sends his complaints or comments to the e-mail address info@capucinne.com.

The service provider will refund the entire purchase price, deducted for costs according to these terms, to the consumer as soon as possible, and at the latest within 30 days from the receipt of the returned goods.

The consumer must return the products unused, undamaged and in the unchanged quantity as received, unless the products have been destroyed, lost or their quantity decreased, for which the consumer was not responsible. The products must be packed in original packaging. A copy of the invoice must be attached.

The costs of the return are the responsibility of the consumer, unless otherwise agreed in writing. We do not accept the collect-on-delivery packages. In case of delivery to our costs, we will charge the consumer with the return costs according to the valid price list of DHL shipping provider. We will not be liable for any costs incurred due to conduct outside the terms of business. We are not responsible for any damaged or lost packages.

The consumer must return the goods to the following address:

MinimalVS d.o.o.

Ulica Lili Novy 3

1000 Ljubljana

Slovenia, Europe

MATERIAL DEFECT

The rights arising from a material defect in accordance with Articles 37 - 37.č of the Consumer Protection Act can only be claimed by the consumer from the service provider. A copy of the invoice must be attached, the service provider notified in writing, and the defect described in detail. The consumer must allow the service provider to review the item before the refund can be issued.

WARRANTY (GUARANTEE)

At Capucinne Fine Jewellery we stand behind our products and grant you a warranty covering hidden manufacturing defects for 12 months from the date of product delivery. The product warranty is valid if the product has not been exposed to major physical or chemical stresses, has not been processed, increased or reduced in size, and has no abnormal signs of wear. As normal signs of wear are considered the minor surface damages, which occur due to day-to-day wear. The guarantee is valid only when the invoice is submitted.

Under Article 21b of the Consumer Protection Act: If goods subject to mandatory guarantee are not in perfect working order or do not display the characteristics stated in the guarantee certificate or in the relevant advertising message, the consumer may require, in the first place, that the defects be remedied. If defects are not remedied within 45 days of the date the manufacturer, the seller or the authorized service centre received the consumer's request for the repair of defects, the producer shall replace the goods with identical, new and faultless goods free of charge. If the producer fails to repair the goods within the period referred to in the preceding paragraph or does not replace the goods with new ones, the consumer may rescind the contract or demand a reduction of the price.

The producer shall issue a new guarantee certificate for the replaced goods or for the essential part of the goods that have been replaced with a new one.

The consumer's rights under this Article shall cease to apply two years from the date of the consumer's request for the elimination of defects free of charge or for replacement of goods with new ones.

At Capucinne Fine Jewellery we stand behind our products and grant you a warranty covering hidden manufacturing defects for 12 months from the date of product delivery. The warranty only covers damages not caused by accident, improper use, and normal wear and tear.

Exclusions of common jewellery issues that are not covered by our warranty:

Discoloration due to exposure to chemicals, make-up, swimming pools, hot tubs or bathing.
Prongs and precious metals, in general, wear over time and may require “building up” or restoration work due to normal wear.
Bent, caught or worn-out prong(s) allowing stone(s) to fall out or be lost due to normal wear or other damage.
Lost stone or a stone has fallen out due to chipping or breaking caused by normal wear or other damage.
Any repairs or modifications or other services performed by someone other than Capucinne will void the warranty.
Dents, knicks and scratches due to wear and tear are inevitable and are not considered a defect.
All metals will tarnish over time, but it will happen much faster if they are in contact with agents such as perfume, salty air, sulphur, skin creams, hairspray, chlorine and acidic skin pH. The amount of tarnishing (oxidation) that occurs depends on your skin and jewellery care habits. Tarnishing due to the above reasons is not covered under this warranty.

Please also keep in mind that slight irregularities and variations in craftsmanship or natural characteristics, or internal inclusions, visible or otherwise, in colored gemstones are unique and individual to each item. These characteristics are considered as part of their beauty, and what makes each piece of Capucinne jewellery one-of-a-kind and should not be considered a defect. Due to these natural variations and the differences between computer screens, your jewellery may look slightly different in person than it does online.

In case when the customer selects additional product protection from our external partner Extend, the warranty of the product is being transferred to them after expiry of our warranty period. In this case you agree with Extend General Terms and Conditions, which are published on their website https://www.extend.com/terms. Please note that Extend service is only available in certain countries and we provide this service for the customers from those countries only.

RESPONSIBILITY FOR CONTENT

The provider will endeavor to ensure the data published on the website is up-to-date and correct. Photos published on the website, social networks, and other promotional and sales channels are images of a specific product. Due to the uniqueness of stones and handmade products, the products may differ from the advertised images. Photos do not guarantee the characteristics of the items. The service provider may withdraw from the contract only if a manifest error is established in accordance with Article 46 of the Code of Obligations. As a manifest error are considered all the essential characteristics of the product and any mistakes that would influence the consumer’s decision, who would not have made the purchase of such an item, provided they knew about the mistakes beforehand. This includes obvious price errors.

LIMITATION OF LIABILITY

Except as expressly provided in these terms, the material and information provided by Capucinne on the website are provided on an »as is« and »as available« basis. Capucinne makes no representations or warranties of any kind, expressed or implied, as to the operation of its website or the information, content, material or products included on its website. You agree that your access to, and use of the website are at your own risk.

In no event we shall be liable for any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, loss of revenues, loss of data or business interruption, whether in contract, tort, or otherwise.

This disclaimer of liability includes any error or omission regarding listed stone origin, any mistakes, omissions, interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the capucinne.com website, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

The aggregate liability of Capucinne under, or otherwise in connection with these terms shall not exceed the amount actually paid by the customer to Capucinne under the purchase order in which the liability arose.

COMPLAINTS AND DISPUTES

The service provider respects the applicable consumer protection legislation in according's to the Slovenian Consumer Protection Act. A complaint can be submitted via e-mail info@capucinne.com. The complaint processing procedure is confidential.

The service provider and the consumer undertake to do everything in their power to resolve any dispute by mutual consent.

The service provider reserves the right to change the Terms of Business at any time and in any way, regardless of the reason and without prior notice.

For potential disputes, for which the method of settlement cannot be provided outside the court, the Ljubljana District Court is responsible.

PRIVACY POLICY

The online store www.capucinne.com undertakes to protect the confidentiality of personal data and the privacy of online shop users in accordance with the Personal Data Protection Act (Official Gazette No. 86/2004). The collected personal data will be used exclusively for the fulfillment of the services we offer, provision of the information material, offers, receipts and other necessary communications. We respect the confidentiality of personal information and the privacy of online shop users, so we will do everything we can to protect them against any violations and abuses. Personal data of users are one of the subjects to which we pay great care and attention, as we are aware of their sensitive nature.