Terms and conditions

GENERAL

1. GENERAL TERMS AND CONDITIONS
   1. General conditions of business (hereinafter referred to as “general terms and conditions”) of Dope, Domen Petaros s.p. (hereinafter referred to as the Company) are an integral part of all contracts between the Company and the purchasers of products (hereinafter also as: clients) operating with the Company.
   2. The provisions of the General Terms and Conditions apply also to all offers, (pro forma) invoices, pre-contracts, legal statements and other services arising from the operations between the Company and the client.
   3. Use of terms:
      1. The client is a natural or legal person who is in a legal relationship with the Company, regardless of its legal or status form.
      2. The consumer is any party who is a natural person and acquires or uses the goods of the Company for personal purposes or for purposes outside his professional activity.
      3. An offer is a general term for an offer in a variety of forms, pro forma invoices or other forms of a proposal for the conclusion of a contract that the Company communicates with the client.
      4. The contract is a written agreement between the Company and the client. An offer or a pro forma invoice, which the Company sends to the client and is accepted or confirmed by the client, is also considered to be a contract. The subject General Terms and Conditions are an integral part of each contract.
      5. The subject of the contract refers to Products, which are all products from the sales catalogue of the Company.
   4. The transmission theory shall apply to informing the client of the delivery, conclusion, withdrawal or modification of the contract and any other information. This means that the date of the party’s notification is the date on which the Company sends the notice by means of a communication medium.
   5. The Company shall inform the client via e-mail, regular mail, telephone or in any other means agreed with the client.
2. USE OF GENERAL TERMS AND CONDITIONS
   1. The general terms and conditions are preferential; therefore, they completely replace the missing, different and contradictory contractual provisions between the Company and the client.
   2. The subject General Terms and Conditions shall replace any general terms and other documents of the client unless the application of subject General Terms and Conditions is explicitly excluded in writing by the Company.
   3. The General Terms and Conditions herein constitute an integral part of the contracts concluded between the client and the Company. By signing a contract or by entering into a different contractual relationship, the client agrees fully with the content of the subject General Terms and Conditions and confirms that he is fully acquainted with the content of the subject General Terms and Conditions.
   4. The subject General Terms and Conditions are accessible on the website.
   5. Placing a valid order in the Company’s online store is considered a signed contract.
   6. The General Terms and Conditions are binding on the consumer only if the consumer has been explicitly notified of their existence before the conclusion of the contract, pro forma invoice, pre-contract or offer.
3. CHANGES TO GENERAL TERMS AND CONDITIONS
   1. In the event of a change to the General Terms and Conditions, changes shall become binding for the client on the day the client becomes acquainted with them.
   2. The client is deemed to be aware of the changes to the General Terms and Conditions at the time of the publication of the change on the website and upon confirmation of placement of order. With this, the client is deemed to be agreeing with the changes to the General Terms and Conditions.
   3. A client who does not agree to the changes to the General Terms and Conditions shall, within 2 days upon an acquaintance of changes, submit to the Company a written statement of disagreement. If the party does not communicate its disagreement with the changes to General Terms and Conditions within the specified time limit, it shall be deemed to be agreeing to the changes.
   4. If the client makes a statement that it does not agree with the changed General Terms and Conditions, the Company has the right to withdraw from the contract.
   5. In the event that any provision in the contract or General Terms and Conditions would be invalid or unenforceable or if a legal vacuum would arise, this does not affect other provisions of the contract or General terms and Conditions, with the contracting parties agreeing that instead of invalid or unenforceable or non-existent provisions the provision closest to the purpose of the contract shall apply.
   6. The Company and the client may exclude the application of individual provisions of the subject General Terms and Conditions if such provisions are nonconforming with the provisions of the contract or with the general purpose of the contract.
4. GENERAL PROVISIONS
   1. The client is obliged to inform the Company of any information and facts that are relevant for the establishment and continuation of the legal relationship between the client and the Company (change of residence or registered office, change of ownership or legal organizational form, insolvency, etc.),
   2. The company collects certain personal information from clients. The types of personal data, the purpose of their processing and the legal basis for processing are governed by the Privacy Policy, which is an integral part of the General Terms and Conditions. Clients can be acquainted with the provisions of the Privacy Policy on the Company’s website.
   3. All specifications and information relating to the price, technical or other information included in catalogues, offers, advertisements, photographs, pricelists, or other similar forms are considered only as informative guides and are not necessarily accurate and binding. These pieces of information do not in any way constitute a binding offer for the Company. The client cannot rely on these forms of records or advertisements but can rely only on the information contained within an individualized offer or contract.
   4. The company reserves the right to change the specifications or information described in the previous article, without prior notice to the client, and with the specifications and information being binding only if contained in the contract.
   5. These Terms and Conditions are drawn up in the English language and the English language shall control its interpretation. By accepting these Terms and Condition the client acknowledges that he/she/they understand the English language and has accepted these Terms and Conditions as such.
5. PRICES
   1. The prices displayed on the Company’s website can be changed without prior notice.
   2. Prices are binding from the moment the Company sends an e-mail to the client regarding the confirmation of the order. In the event that the price information is incorrect or the prices change during the processing of the order, the client has the right to withdraw from the contract.
   3. In the case of product delivery, standard packaging is included in the price of the product. The additional packaging and transport costs of the goods are additionally charged by the Company at the price specified in the price list or at a price agreed between the Company and the client.
6. PAYMENT METHODS
   1. The Company enables the following payment methods:
      1. Payment via a payment order
      2. Payment via PayPal app to the bank account of the Company
      3. Payment via credit card payment (Visa, MasterCard, American Express)
   2. The security of personal data and payments is in the domain of payment service providers. For all the rest, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
7. INVOICING
   1. The Company sends to the client an invoice for the ordered goods in the electronic form of a PDF document at the e-mail address indicated by the client upon registration on the Company’s website with which the client expressly consents. The contract is available to the client upon written request.
   2. It is the responsibility of the client to review all the information and specifications of the order before placing the order. Subsequent objections to the irregularity of the issued invoices are irrelevant.
8. OWNERSHIP
   1. Unless otherwise agreed in the contract between the Company and the client, the Company shall maintain its sole ownership, copyright and related rights to all documents necessary or provided in connection with the conclusion and/or execution of the contract.
9. CONFIDENTIAL INFORMATION
   1. Contracts entered into by the Company and the client represent confidential information. Any information that the Company provides to the client prior to the conclusion of the contract, such as different manuals, instructions, tables, pricelists, business or financial information, etc. are also considered confidential information. The Client undertakes to keep Company’s confidential information in privacy for the duration of the contractual relationship and for 1 year after the expiration of the contractual relationship. In case of breach of the subject provision, the client shall be held liable according to applicable civil and criminal law.
10. LIMITATION OF LIABILITY
    1. Product properties, delivery deadlines or prices can change so quickly that the company fails to adapt the data in the online store. In such cases, the Company will notify the buyer of changes and will allow it to withdraw from the order or to replace the ordered item.
    2. Photos do not provide any guarantee for product features. The company strives to provide accurate photographs of sales products, but all photographs should be taken as symbolic.
    3. The company reserves the right to temporarily disable access to the website in case of technical problems or maintenance work. In case of technical difficulties, the Company reserves the right to cancel all orders made during the period of occurrence of technical problems. In such cases, the Company will immediately inform the client of the technical difficulties and provide instructions on further procedures. Before visiting the Company’s website, the client must, at his own risk, ensure the security of his technical equipment for accessing the website and the security of usernames and passwords on the website.
    4. The company reserves the right to withdraw from the contract or the fulfilment of the contract in cases where the ordered products are no longer available if the increased payment risk of the buyer is detected, if the order form has not been submitted correctly according to the General Terms and Conditions or if there is a manifest error in the price list. In all such and similar cases, the Client will be informed immediately of any withdrawal from the contract on the part of the Company.
    5. The company reserves the right to withdraw from the contract if a substantial error is found on its part, according to applicable law.
    6. Consumer acknowledges that the Company does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment and that the company does not evaluate the need to seek medical attention, through the Website. The company only markets and sells dietary supplements whose descriptions are intended for general information, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease. Always consult your physician or other qualified health care professional if you have any questions regarding the use of a dietary supplement, particularly if you take prescription medication or believe that you may have a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. In addition, you should carefully read all labels and other information in the product packaging before using any product purchased from our Website. If you think you may have a medical emergency, call your doctor or 112 (general European emergency number). Reliance on the content of the website is solely at your own risk. Reliance on the Website, the Services and the Content is solely at your own risk.
11. COMPLAINTS AND DISPUTE RESOLUTION
    1. Law of the Republic of Slovenia shall apply exclusively for the interpretation of these Terms and Conditions or contracts concluded between the Company and the client. The contracting parties undertake to resolve all disputes in a peaceful manner and in the event of exhaustion of all extra-judicial channels for reaching an agreement the dispute shall be settled by a court of competent jurisdiction in the Republic of Slovenia in relation to the place of the Company’s registered office.
    2. Pursuant to the statutory regulation, the Company does not recognize any institution of out-of-court settlement of consumer disputes as competent for resolving the consumer disputes which the consumer could initiate in accordance with the Law on out-of-court settlement of consumer disputes.
    3. The provider, which as a provider of goods enables online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for the online resolution of consumer disputes (SRPS). The platform is available to consumers here. It derives from the Out of Court Settlement of Consumer Disputes Act, Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
    4. The company provides an efficient and confidential system for dealing with complaints.
    5. Within 5 working days from the receipt of the complaint, the company will confirm the receipt of the complaint and inform the client about the course and duration of the appeal procedure.
12. COMPANY’S RIGHT OF WITHDRAWAL FROM THE CONTRACT
    1. In case of violation of the terms of the contract or these General Terms and Conditions by the client, the Company has the right to withdraw from the contract without further notice to the client. In such a case, the Company returns any amounts paid to the client’s bank account.
    2. Furthermore, the Company has the right to withdraw from the contract in the event that a client other than the consumer becomes insolvent or if its funds in the business account are blocked for more than 15 days, and if the compulsory settlement procedure or bankruptcy procedure are proposed or initiated upon the client.
    3. The Company has the right to withdraw from the contract if the client fails to fulfil its obligations if the client provides the Company with false information that makes it difficult or impossible to fulfil the contract and if it fails to pay its obligations under the contract and the subject General Terms and Conditions.
    4. Regarding withdrawal from the contract provisions of Consumer Rights Directive 2011/83/EU are applicable.
13. USER REGISTRATION
    1. The possibility of online purchase of products or the order of online courses is enabled for persons who successfully complete the registration process on the Company’s website hardbeats.shop and become members of the COMPANY online store. No prior registration is required for the execution of a “quick purchase/order”.
    2. When a user registers on the website, the user acquires the following data to access the online store:
       1. a user name, which is the same as the email address that the user has specified during the registration process,
       2. access password.
    3. If a user wants to change the user name or password, he can do so in the user profile section on the website.
14. ORDER PLACEMENT PROCEDURE
    1. On the website, the user can select the “add to cart” option by clicking on it. The system then issues a notice of the successful addition of the product to the cart that the user wishes to purchase. Once the system records the added product in the cart, the user can either return to the store’s products list by clicking on the appropriate button or proceed with the payment process.
    2. If a user wants to remove a particular product from the shopping cart, it can click on the shopping cart icon (top right corner of the homepage) to access the added products, and by clicking the “×” button, it will remove the selected product. If a user wants to add new products to the shopping cart, it can do so by clicking on the “continue shopping” button and repeating the process from the previous article of these General Terms and Conditions.
    3. After confirming the shopping cart with the selected products, the system redirects the user to the form with the user’s data. In order to execute the order, the user must fill in all the fields marked with a red star. The system allows the user to save the provided data in the user profile for future orders.
    4. The user can choose between the above-mentioned payment methods.
    5. In the event that the user holds a promotional code or a coupon of the Company, it can use it by indicating it in the appropriate field when submitting the order.
    6. The user may choose the subject of the contract to have it delivered by Pošta Slovenije.
    7. Before submitting the order, the user can check all the indicated information regarding the order as the system prints out all the entered information after the successful confirmation of all previous stages of the procedure by clicking “back”. The user confirms the order by clicking on the “place an order” button. In the event that the order is successfully processed, the system prints out the order identification number.
    8. The sales contract (order) is stored in electronic form on the Company’s server, and the customer can obtain a copy by requesting an e-mail.
    9. After the successful submission of the order, the user receives a message confirming the receipt of the order to its e-mail address.
    10. The registered user can access information about the content and status of the order in his user profile at any time.
    11. For verifying the indicated user data and the accuracy of the order, the Company may contact the user on its telephone number.
    12. For legal persons, the order submission procedure differs from the standard one in the part of the mandatory indication of the name of the legal person and its VAT number.
15. DELIVERY TERMS
    1. For orders, the cost of transport packaging is included in the price of the product, and delivery is paid by the customer according to the price list. The company does not allow a personal collection of the subject of the order at the company’s headquarters.
    2. Delivery cost is 3,65 EUR and delivered by Pošta Slovenije.
16. ACCEPTANCE OF GOODS
    1. The client is obliged to accept the subject of the contract no later than 14 days after receipt of the company’s written notice for the acceptance of goods.
    2. In the case of delivery of goods through partner delivery service providers, the client is obliged to carry out the acceptance of goods in accordance with the terms of the delivery service provider.
17. PROMOTIONAL CODES
    1. The promotional code of the Company offers numerous benefits at purchasing products or ordering courses within the online store (smaller gifts at the time of purchase, discounts, etc.). A promotional code can be found in various ads, e-mail messages from the Company and other media.
    2. The validity of the promotional code is time-limited; the code can only be used within the time period specified for each code.
    3. The user can indicate and confirm the code in the designated promotional code field in the order placement procedure. Once the code has been successfully confirmed, the resulting discount value (in the event that the promotional code provides a discount) is automatically deducted from the value of the order, and the user must pay the difference to the total value of the order.
    4. Within one order placement procedure, only one promotional code can be used at a time.
18. RIGHTS AND OBLIGATIONS OF CONSUMERS
    1. In accordance with the Consumer Protection Act, the consumer has the right to communicate to the Company that he is withdrawing from the contract within 14 days from the receipt of the goods without having to state the reason for his decision. The withdrawal time period shall start to expire the day after the date of the receipt of the goods.
    2. The consumer has no right to withdraw from the contract in the event that he has removed the seal on the purchased product, because the product is then not suitable for return for hygienic reasons, in accordance with paragraph 5 of Article 43. of the Consumer Protection Act
    3. The consumer shall communicate its will to withdraw from the contract to the e-mail address of the seller or in any other manner made possible by Company. The consumer’s will for withdrawal has to be stated clearly and unambiguously.
    4. In the event of withdrawal from the contract, the consumer either returns the goods received or sends them to the address of the Company (Nova cesta 18, 6215 Divača). In any event, the product must be returned to the Company no later than 14 days after submitting the notice of withdrawal.
    5. In the event of withdrawal, the consumer shall return the undamaged products to the Company and in the unchanged quantity, unless the goods have been destroyed, defected, lost or their quantity has decreased without consumer’s responsibility. Goods must be returned in their original packaging.
    6. If the consumer, upon withdrawal, requests the refund of the purchase price, the Company shall refund it only to the consumer’s bank account, which the consumer shall indicate in his request.
    7. Together with the statement of withdrawal the consumer shall state its personal data (personal name and contact details) and attach the invoice corresponding to the order. The company refunds the purchase price no later than 14 days after receiving the returned goods.
    8. The only cost that the consumer bears regarding its withdrawal from the contract is the cost of returning the products.
    9. In the event that a discount promotional code was used at the placement of an order and the consumer subsequently withdraws from the contract, the discount will be granted to the consumer with a new promotional code.
19. LIABILITY FOR DEFECTS OF GOODS
    1. Regarding defects provisions of Consumer Rights Directive 2011/83/EU are applicable.
    2. The company is responsible for the defects that the goods had when the risk of accidental destruction or damage was passed on to the client. The passing of risk to the client usually takes place at the time of the acceptance of goods.
    3. The client is obliged to review the subject of the contract and identify possible defects and record them as soon as possible. Otherwise, the Company does not take into account defects that are not hidden and which were known or should have been known to the client at the time of the review of the subject of the contract.
    4. The client is obliged to notify the Company of obvious material defects immediately after the due review, and immediately after the actual discovery of the hidden material defects, otherwise the Company shall not be held liable for such defects.
    5. The client is obliged to notify the Company of the defect within two months from the day the error was discovered.
    6. The company is liable for defects that appear within six months from the delivery of the goods, and in the case of consumer contracts within two years from the date of delivery of the goods.
    7. The Company guarantees that in regard to the subject of the contract, no third party has a proprietary or copyrighted or industrial property right that would exclude, reduce or restrict the rights of the client. The Company guarantees that these rights are protected by the contracts that the Company has with its contractual partners.
    8. The company does not take into account any minor or insignificant defects.

The subject General Terms and Conditions are valid from 29.07.2021 until their cancellation or until the acceptance of the new general terms and conditions of the company Dope, Domen Petaros s.p.