The General Terms and Conditions hereinafter apply to the conclusion of distance purchase contracts with natural persons through the online store PhotoCherry (hereinafter referred to as "online store"), managed by the 4HOUSE d.o.o. company, the provider of electronic commerce services (hereinafter referred to as "the Seller"). The business conditions have been prepared in accordance with consumer protection regulations, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for online and electronic business.
By purchasing a product in the online store, the user (hereinafter referred to as the Buyer) certifies and guarantees that he is of legal age and has full legal capacity. The Seller will use and process personal information, which the Buyer provides when purchasing, for the purpose of concluding and completing distance contracts. By purchasing in the online store, the Buyer agrees that the Seller may send him promotional messages to the provided telephone number and email address, which will clearly indicate, in accordance with the legal provisions, that they have been sent on behalf of the Company of the Seller.
Terms and Conditions deal with Buyer's rights and the business relationship between the Seller and the Buyer.
The Seller reserves the right to change the conditions at any time and without notice. All changes are binding for the Buyers, so we recommend that you review the Terms and Conditions on a regular basis.
Due to the nature of online shopping, the offer of the online store products is often and rapidly changing. All product photos are symbolic and do not necessarily reflect the full features of the product, therefore they serve only as an information display.
The Seller will deliver the ordered products to the Buyer within the agreed time. The delivery time of products that are in stock, upon home delivery, is up to 7 working days from the confirmation of the order for delivery addresses in Slovenia. For products not currently in stock, the delivery time is up to 60 business days.
The Seller provides a way of delivery or accepting the products by cash on delivery (COD); in this case, the Buyer pays the shipping and commission fees upon delivery. In the case of a on delivery payment with a payment card, the Buyer shall pay a provision for paying with a payment card to the Post of Slovenia in accordance with the Post of Slovenia's price list. The ordered products will be delivered with the Post of Slovenia, which offers simple and reliable delivery. The courier will deliver the package to the Buyer at the selected address, which the Buyer stated for delivery. In the event that the Buyer will not be there when attempting to deliver the package, the courier will leave a notice in the mailbox. The Buyer can then pick up the package with the notice and an identity document at the post office stated on the notice. The regular delivery cost is uniform for the whole of Slovenia. The products will be delivered in appropriate packaging, which will ensure confidentiality of the nature of the product. The Seller reserves the right to choose another delivery service if he can complete the contract at a lower cost.
Prices in the online store do not include VAT. VAT is not charged on the basis of Paragraph 1 of Article 94 of the Value Added Tax Act. The trader is not subject to VAT. Prices can be changed without prior notice. All stated prices are valid at the time of the order and are valid until the new price list is accepted. On the online store page, a regular price is posted which represents the supplier's recommended retail price for a particular item, and an online price that is accessible to all online store buyers. Upon completion of the purchase, the Buyer receives an order confirmation via email with all the details of the order. The Purchase Contract between the Seller and the Buyer is concluded at the moment the Seller approves the order. From this moment, all prices and other conditions are fixed and apply to both the Seller and the Buyer.
The Seller issues an invoice to the Buyer on a durable medium. The value of VAT and the cost of shipping can be seen from the price list on the order page and in the email that the buyer receives after the order confirmation.
The Seller reserves the right to make mistakes in the price and delivery time, while informing the Buyer within 24 hours of the submission of the order and reimbursing any costs that have already been incurred from this address.
The Seller provides the Buyer with the following payment methods for purchasing products from the online store:
- with cash upon delivery
- with credit cards
- with PayPal
The order becomes valid as soon as the Buyer submits it.
After the submission of the order, the Buyer receives a confirmation of the receipt of the order via email with all the details of the order. Apart from the possibility of withdrawal from the contract, the Buyer cannot change the content of the order after submitting it.
When the Buyer submits the order, he is redirected to the website with a message that his order has been accepted. After receiving the order, the Seller will check it, check the availability of the ordered products and confirm the order on the registered e-mail address of the Buyer. The Seller can also contact the Buyer through the contact telephone number to check the data or to ensure the accuracy of the delivery. Upon confirmation of the order, the Seller will notify the Buyer by email about the scheduled delivery date. The Purchase Contract between the Seller and the Buyer is concluded at the moment the Seller approves the order. From that moment on, all prices and other conditions are fixed and apply to both the Seller and the Buyer. The Purchase Contract (i.e., the first electronic message about the status of the order) is electronically stored on the Seller's server and made available to the Buyers at their written request.
The order is deemed to be confirmed if the Buyer does not cancel the order. If the item cannot be delivered within the written deadline, the Seller informs the Buyer on the phone number or email address. The Buyer can cancel the order by replying to the email he receives when ordering.
The Seller prepares and dispatches the goods within the agreed time period with an agreed shipping method.
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The Seller makes every effort to ensure the up-to-date and correctness of the data published in his online store. 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 the web pages. In such a case, the Seller will notify the Buyer of changes and will allow him to withdraw from the order or to replace the ordered item.
The Seller reserves the right to withdraw from the contract or the realization of the order in case of a material error in the offer. The material error covers the elements on the basis of which the Seller would not agree to the conclusion of the contract. These errors include obvious errors in the price of articles, which may be due to technical and other problems.
The trader is not liable for any damage or injury caused by the use or misuse of the products in the online store offer.
The Buyer is entitled to demand his rights from the title of factual defects in compliance with the Consumer Protection Act. The Buyer can claim his rights from a material error if he informs the Seller of the error within two months from the day the error was detected on [email protected] and encloses the invoice or the order number. The Seller will offer the Buyer the replacement of the product or the possibility of refunding the purchase price as soon as possible.
The seller shall not be responsible for factual defects which appear two years after the goods were delivered.
The product has a factual defect:
- if the product does not have the characteristics necessary for its normal use or for marketing
- if the product does not have the characteristics necessary for the particular use for which the Buyer buys it, but was known or should have been known to the Seller
- if the product does not have qualities and distinctions that were explicitly or implicitly agreed on or stipulated
- if the Seller delivered a product that does not match the sample or model unless the sample or model was shown only for informative purposes.
In exercising the rights in this title, the Buyer must inform the Seller of the error and thoroughly describe it, and allow the Seller to review the product. If the error is not disputed, the Seller must comply with the Buyer's request as soon as possible, and no later than within 8 days. However, if there is a dispute about the error, the Seller must provide the Buyer with a written response within 8 days.
The Buyer is entitled to receive free information about his personal data held by the Seller as well as the right to delete such information. In the case of questions regarding the deletion, processing or use of personal data, the Buyer may contact: [email protected] or send a mail request to the Seller.
The Seller reserves the right to notify the Buyer through the provided contact information (telephone number or email address) via SMS or email when the order is shipped and if the items were not picked up at the Post office in 3 to 5 days. If the items have not been picked up for more than 5 days, he reserves the right to call the provided telephone number as a reminder to pick up the package.
By purchasing in the online store, the Buyer agrees that the Seller may send special offers and promotions of the online store to the provided telephone number, email address or other electronic means, and sends him advertising messages from which, in accordance with the legal provisions, it will be clear that they have been sent on behalf of the Seller's Company.
You can unsubscribe from the recipient's database at any time with a message at [email protected] or by clicking on the 'Unsubscribe' link at the bottom of the promotional messages.
The Seller shall respect the current consumer protection legislation. The Seller shall try his best to fulfil his duty to establish an effective system for handling complaints and to identify a person who, in case of difficulties, the Buyer can contact by telephone or by email. The Buyer shall submit complaints in writing by email. Within five (5) business days, the Seller will acknowledge receipt of the complaint, notify the Buyer how long he will need to deal with it and keep him informed about the progress of the procedure.
The Seller is aware that the essential characteristic of the consumer dispute, at least in terms of judicial resolution, is the disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. That is why the Seller shall try to do his best to settle any dispute by mutual consent. If an amicable settlement of the dispute is not reached, the court in Ljubljana shall have the jurisdiction to settle all disputes between the Seller and the Buyer.
These Terms and Conditions and all disputes between the Seller and the Buyer are applicable to and follow the Slovenian substantive and procedural law. For all relationships and rights and obligations that are not governed by these Terms and Conditions, the provisions of the Obligatory Code, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply.