GENERAL TERMS AND CONDITIONS
Last updated: 31.8.2022
The general Terms and Conditions of the online operations of “papajuliett.com” are compiled in accordance with the Consumer Protection Act (ZVPot), and the Personal Data Protection Act (ZVOP-1). We advise you to read carefully them before using our website and our services. The online store “papajuliett.com” (hereinafter referred to as “trade”) is owned by Letalske usluge, Primož Jovanović s.p., Tovarniška cesta 3B, 5270 Ajdovščina, with registration number 8578338000 VAT ID: SI21573239, which is also an e-business provider (hereinafter referred to as seller).
General Terms and Conditions determine the operation of the online store “papajuliett.com”, the rights and obligations of the buyer, and the business relationship between the seller and the buyer. They apply also to all others who access or use our web pages.
The buyer is bound by the General Terms and Conditions applicable to buyer at the time of the submission of the online order. By submitting the order and using our services the buyer acknowledges the acquaintance with the General Terms and Conditions, the protection of personal data, and the legal notice. General Terms and Conditions apply mutatis mutandis to purchases at Letalske usluge, Primož Jovanović s.p., Tovarniška cesta 3B, 5270 Ajdovščina.
The seller can change the General Terms and Conditions without prior notice.
Accessibility of information
- The seller is obliged to provide the buyer prior to his order with the following information:
- The company’s identity (name and address, registration number, tax number, and VAT ID).
- Contact information that enables the user quick and effective communication (e-mail, telephone) and also the essential characteristics of goods or services (including after-sales services and guarantees).
- Accessibility of products (any product or service offered on the site should be accessible within a reasonable time).
- The conditions for delivery of products and providing services (manner, place, and deadline for delivery of products or services).
- Prices, which must be clearly and unambiguously determined, as well as whether prices already contain taxes, transport costs, and other charges.
Note: If the item has no price, the price is 0.00 € or the product is out of stock, the price will be communicated to the buyer at a later time.
- Duration of the offer or Pro-Forma Invoice.
- Payment and Delivery Method.
- The latest date when it is still possible to cancel the order and the conditions for that (description of the right of the returning the goods in accordance with Article 43.č. ZVPot; In cases where the buyer does not have the right to return goods in accordance with Article 43.č. ZVPot, this is expressly stated).
- Description of the complaint procedure, including all necessary contact details.
LIMITATION OF LIABILITY
Displayed products at www.papajuliett.com are expressly sold as art objects. The naming of products as “furniture” and “decor” is only for a better understanding and to show the customers an exemplary use at one’s own risk, despite they include or consist entirely of words that point to a piece of furniture or decor.
Primož Jovanović s.p. assumes no liability for defects and damages on products, that may be a result of using them as furniture and decor. Due to this, any withdrawals are excluded in this regard. We give no guarantee for our products yet you do have a right to notify the seller within 14 days of taking over the item that you withdraw from the contract without giving any reason for your decision due to Article 43 ZVPot.
The seller is making every effort to ensure that up-to-date and correct information is published on his website. Nevertheless, the characteristics of the products, the delivery period or the price may change so quickly that the seller fails to correct the information on his web pages. In such a case, the seller will inform the buyer of the changes and allow him to cancel the order or replace the ordered products.
Although the seller is trying to provide accurate photographs of sales items, all photographs should be taken as symbolic. Photos do not provide product features.
The seller is also not responsible for the content of opinions about articles written by visitors. The seller examines opinions before the publication and rejects those that contain obvious falsehoods, are inappropriate, misleading or offensive. The seller is not responsible for the information in the opinions and is limited to any liability arising from the information provided in them.
The seller has the option of withdrawing from the contract only if an obvious mistake is detected (Article 46 of the OZ). As an obvious mistake is considered a deviation in the essential characteristics of the product and all mistakes that are considered to be decisive to the point that the seller would not confirm or conclude the contract case of knowing them. This includes also obvious price errors.
PROCESSING OF ORDERS
Upon receiving a confirmation email [email protected] we will first reach out to you to discuss all the details ( way of delivery, product details, delivery time, and all else you may be interested in about the product) before sending you the agreed-upon pro forma invoice.
PRODUCTS, PRICES, AND PURCHASE PROCEDURES
Due to the nature of the products and the business itself, the offer and prices in the online store “papajuliett.com” can be updated or changed frequently.
All prices are listed in EUR (€). Prices are VAT exempt under Article 287 of Directive 2006/112/EC and »Reverse-Charge« in »VAT exempt Article 138(1) of Directive 2006/12/EC«
Prices are valid at the time of the order and do not have a predetermined validity.
A sales contract between seller and buyer is entered into the “papajuliett.com” online store at the moment when the seller’s information system sends the confirmation email of his order to the buyer (Thank you for your order!). From this moment on, all prices and other conditions are fixed and have to apply to both seller and buyer.
Despite the extraordinary effort to provide the most up-to-date and accurate information, it may be that the price information is incorrect. In this case, or in the event that the price of the product changes during the processing of the order or a typo error occurred when indicating the price of the product, the seller will inform the buyer about this, offer him the correct price or allow him to cancel his purchase.
It’s not allowed to change buyer data to the extent that it becomes a different person/company. The sales contract ( electronic confirmation of the status of purchase) is saved in electronic form in the information system of papajuliett.com and is available to the buyer if he requires it at: [email protected]
- With wired transfer upon Pro- Forma invoice we send to the buyer
Upon receipt of your order to our e-mail address: [email protected], we will first reply to agree on all the details (delivery method, product details, delivery time, and everything else you may be interested in) before sending you the Pro-forma invoice. The price, tax, and all costs related to the purchase are detailed on the invoice.
The buyer is obliged to check the correctness of the data for the issuing invoice before placing the order. The buyer is obliged to check the correctness of the data on the invoice and inform the seller of any errors within 8 days at the latest. The seller cannot take into account objections given later regarding the correctness of the issued invoices.
Payment according to the Pro-forma invoice must be paid no later than five (5) working days from the submission of orders (Saturdays, Sundays, and holidays are not included in this deadline), otherwise, the buyer is considered to have withdrawn from the order and the order thus acquires the status ” Canceled – Customer”.
After receiving your transfer to our bank account, we fulfill our part of the obligation. Our products remain our property until fully settled.
CUSTOM MADE PRODUCTS
For custom-made products, we charge a 50% advance, which is non-refundable in case of early withdrawal from the contract.
DELIVERY AND SHIPPING
In Slovenia and abroad within a radius of 150 km from the city of Ljubljana, (Slovenia) the ordered product is delivered and installed to your home free of charge by us.
PERSONAL TAKE OVER
Personal take over of your product is also possible at the premises of the seller or at the agreed address.
Shipping beyond 150 km from Ljubljana ( Slovenia) is paid for by the buyer. International delivery will be taken with DHL services, all with a tracking number. We advise to the customer to take the extra insurance for the transport.
DHL offers an Express delivery with an airplane ( recommended for countries, not in the European area) and an Economy delivery with a truck within the EU. The international shipping rates will be calculated due to weight and region for the ordered product specifically.
Time of delivery depends on several factors, inside the EU usually takes not more than 1 week. You can also choose your own shipping company by request over email.
Customers outside the EU have to pay additional costs for customs clearance and import tax to their country. Please note the respective import regulations of your country.
When an order is forwarded to carrier service, the buyer will be informed about the tracking number of his package.
“UP-CYCLED” PRODUCT TERMS
We sell artwork that was previously part of a used, flying aircraft. “Up-cycled” means that we reuse a certain part of the aircraft and give it a new shape. An already used part of an aircraft is used for a different purpose and the final product is a work of art.
Because aircraft parts have been used before and some are even quite old, they may show signs of wear such as different shades of material, small nicks, scratches, and/or other signs of wear, despite our treatment.
We remodel aircraft parts with signs of wear and treat them as part of the product’s charm and added historical value. Due to such signs of wear, we do not accept product returns.
In order to prevent possible misunderstandings with the customer, the customer is invited to view the product in person before purchasing. We also take detailed photos/videos of the product and can send them to the customer and inform them of all signs of wear and tear that are part of the product even before the online purchase, upon the customer´s wish.
In all cases, detailed photographs are taken on the day of collection, delivery, or shipment. In this way, we make sure that the product the customer receives, is as agreed.
As a result, we reject all claims for damage from the claim that there is material wear and tear, which you confirmed at the time of purchase. Such requests will be rejected.
We check the product before leaving our premises. If there is visible damage that happens during shipping with the carrier, you must immediately report the damage to the carrier.
PapaJuliett.com does not accept responsibility for damages incurred during transportation by the carrier. Therefore, we advise the customer to insure the product.
Treatment of damaged shipped package (product)
If the package is physically damaged when you receive them, contains no content, or shows signs of opening, you should immediately reject its delivery and fill a complaint/reclamation form at the postal service provider (DHL). DHL holds the reclamation procedure. Based on the positive completed reclamation procedure money is refunded to the holder of the product´s insurance.
RIGHT OF WITHDRAWAL
The buyer (consumer) (the above applies exclusively to natural persons who acquire the item for purposes outside of their commercial activity) has the right, in contracts concluded at a distance, to notify the seller within 14 days of taking over the item that he withdraws from the contract without giving any reason for his decision (Article 43 ZVPot).
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
The buyer communicates withdrawal from the contract with a clear statement to the seller’s e-mail address: [email protected]. For this purpose, the buyer can optionally use the withdrawal form sample found at this link:
In case of withdrawal from the contract, the buyer returns the received item by post to the seller’s address: Tovarniška cesta 3B, 5270 Ajdovščina, Slovenia (EU) or brings it personally to the agreed address within the mentioned fourteen-day cancellation period.
In order to maintain the cancellation period, it is sufficient that a written notification regarding the exercise of the consumer’s right to withdraw from the contract is sent before the expiry of the withdrawal period from the contract.
Returning the received items to the seller within the contract withdrawal period is also considered a notice of withdrawal from the contract.
The buyer must return the item to the seller undamaged and in the same quantity. The buyer may not use the items until the withdrawal from the contract. The buyer may inspect and test the items to the extent necessary to determine the actual condition. Testing an item that deviates from what is stated is considered use of the items, which means that the buyer thereby loses the right to withdraw from the contract.
The only cost charged to the buyer in connection with the withdrawal from the contract is the cost of returning the items (which, in the case of shipping, is calculated according to the price list of the delivery service and depends on whether it is a shipment/package/cargo).
If you withdraw from the agreement, we select all payments we have received from you, excluding delivery charges and we offer to repay it immediately after we receive back the rejected goods in an undamaged state, therefore latest within fourteen days from the date on which the notification of your revocation of this contract has reached us.
For this repayment, we will use the same means of payment as you used in the original transaction unless expressly agreed otherwise with you; In no case will you be charged for these repayment fees.
The buyer does not have the right to withdraw in the following contracts:
-which was manufactured according to the customer’s exact instructions,
-which was adapted to his personal needs,
-which due to its nature is not suitable for refund,
-which is perishable or has expired,
-which in nature represents software or an audio or video medium, if the buyer has opened its security seal,
Products that are solely manufactured after a contract has been agreed on, paint finishes, custom-made products, etc. are excluded from the exchange.
If you withdraw from the contract before the ordered “custom product” is completed, the 50 percent advance will not be returned.
In case of withdrawal from the contract where a bonus, discount code, or promotional code was used, these funds are considered as a discount and are not returned to the user. Only the paid amount is returned to the user’s bank account.
Please note that due to accounting reasons we can only grant proper revocations. Please fill out the revocation form completely and send it back together with the original packed goods.
Instructions for withdrawing from the contract
Because we want you to be able to do this as quickly and without complications, we have prepared a short list of what to pay attention to:
-carefully open the packaging and keep it in its unaltered state until you are completely sure that the product is suitable,
-damage and scratches may occur when handling the product, especially products with lacquered surfaces,
-careless removal of protective foils and materials can cause damage to the product (dark lacquered surfaces),
-do not open products that have a security seal (audio and image carriers, software),
-visible traces of use (dust, hair, scratches, stains, dirt) are not suitable for withdrawing from the contract because they are hygienically objectionable
The possibility of withdrawing from the contract is intended so that you can open the product, inspect it and, if it does not suit you, or your expectations were different, withdraw from the purchase.
Return of goods for legal entities
If you want an invoice sent to a business, you accept the terms that apply to businesses. The main difference is that before mentioned organizations do not have the option of withdrawing from the contract within 14 days of receiving the goods, without having to state a reason for their decision, as is the case for consumers (natural persons).
Purchases by legal entities are also subject to the General Terms and Conditions of papajuliett.com with the difference in the previously mentioned options for withdrawing from the contract.
The seller complies with applicable consumer protection legislation and strives to fulfill its duty to provide an effective complaint handling system.
The seller is aware that an essential feature of consumer disputes is the disproportion between the economic value of the claim and the time and costs required to resolve the dispute, which is also the main obstacle for the consumer not to initiate a dispute before the court. Therefore, the seller makes every effort to resolve any disputes amicably.
Out-of-court resolution of consumer disputes
In accordance with legal norms, the seller does not recognize any provider of out-of-court resolution of consumer disputes as competent to resolve a consumer dispute that the consumer could initiate in accordance with the Act on Out-of-Court Resolution of Consumer Disputes.
The seller, who, as a provider of goods and services, facilitates online trade in the territory of the Republic of Slovenia, publishes an electronic link to the platform for the online resolution of consumer disputes (SRPS) on its website. The platform is available to consumers here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The regulation comes from the Act on the Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2016/2004 and Directive 2009/22/EC.
Link to online dispute settlement: www.ec.europa.eu/consumers/odr