General terms and conditions

This website is operated by Gaja Hanzel, a self-employed cultural designer, with an address at Pod Sedovnikom 17, 6210 Sežana, Slovenia ("Fi by Gaja"). Throughout this website, the terms "we", "us", "our" and "seller" refer to Fi by Gaja. Fi by Gaja provides this website (https://fibygaja.com/), including all information, tools and services available from this site to you (the "User").

If you visit our website and/or purchase something from us, you agree to be bound by these terms and conditions ("Terms and Conditions"), including any references and/or hyperlinks. These Terms and Conditions apply to all visitors to the Website.

SECTION 1: Application of the General Terms and Conditions and User Obligations

By accepting the General Terms and Conditions, the User undertakes to comply with the General Terms and Conditions when purchasing any product on the Website. The User cannot purchase products through the Website without accepting the General Terms and Conditions.

The headings used in this Agreement are included for convenience of reference only and shall not limit or otherwise affect these General Terms and Conditions.

By accepting the General Terms and Conditions, the User represents and warrants that:

meets the legal conditions for concluding the contract;
the personal data and other information provided to the Seller by the Seller during the registration of an account or the purchase of a product is correct, true and up-to-date. The Seller reserves the right to verify the information provided at any time and in any way, including by requesting from the User the relevant documentation confirming the information provided and deactivating or deleting the User's account in the event of a breach of the first sentence of this paragraph;
use the Platform in accordance with the applicable regulations and refrain from any direct or indirect use of the Platform that is not in accordance with the applicable regulations, these General Terms and Conditions or that in any way infringes or harms the rights of third parties;
reproduce, duplicate, copy, sell, resell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without our express written permission.

SECTION 2: Information on the website

This website may contain certain historical information. Historical information is not necessarily up-to-date and is provided for your reference only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to keep up to date with changes to our website.

SECTION 3: Award and confirmation of the contract

After placing an order, the user receives a notification of receipt of the order to the email address provided, which means that the order has been successfully placed. The legal status of an order received is "pre-order" and does not obligate us to provide or deliver the products ordered until the order is confirmed by us. The order is confirmed when the user receives an order confirmation notification to the email address provided. If the order is not confirmed within 3 working days, it will be deemed rejected.

SECTION 4: Products

Certain products or services may be made available exclusively through the Website. These products or services may be limited in quantity and can only be returned or exchanged in accordance with our return policy.

We have made every effort to display as accurately as possible the colours and images of our products displayed in the shop. Due to the technical settings of the electronic device used to view the Platforms, the images and colours displayed in the product descriptions may not correspond to the actual product characteristics. The images on the platforms are considered to be an approximate representation of the appearance of the product within normal tolerance limits.

We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time and without notice at our sole discretion. We reserve the right to stop offering any product at any time.

The Seller undertakes to supply the User with the Products in accordance with the Contract. Products offered by the Seller to Users via the Platforms are subject to legal obligations relating to the Seller's guarantee of the conformity of the product with the contract.

SECTION 5: Seller's right to limit the service and to refuse the order

We reserve the right, but are not obliged, to restrict the sale of our products or services to any person, in particular in cases where orders appear to have been placed by dealers, resellers or distributors. This right can be exercised on a case-by-case basis.

We reserve the right to refuse any order placed by you with us. We may limit or cancel quantities purchased per person, household or order at our discretion. These restrictions may include orders placed using the same user account, the same credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting you at the email address and/or billing address/telephone number you provided when you placed your order.

You agree to provide current, complete and accurate purchase and invoice information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as necessary.

SECTION 6: Third party tools

We may provide you with access to third party tools that we do not monitor, control or input.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions and without any endorsement of any kind. We have no liability arising out of or in connection with your use of third party selection tools.

Any use of the optional tools made available through the Website is at your own risk and discretion, and you should ensure that you are aware of and agree to the terms and conditions under which the relevant third party providers make the tools available.

In the future, we may also offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.

SECTION 7: Third party hyperlinks

The content, products and services made available through our Service may include third party materials.

Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not responsible or liable for any of the Materials, the Sites or any other third party materials, products or services.

We are not liable for any loss or damage in connection with the purchase or use of goods, services, resources, content or any other transaction in connection with third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before you undertake any transaction. Complaints, claims, concerns or questions about third party products should be addressed to the third party.

SECTION 8: Comments, opinions and other user content

If you submit certain specific entries (for example, entries to a competition) at our request or submit creative ideas, suggestions, plans, comments, opinions or other material, whether online, by email, regular mail or otherwise (collectively, "User Content"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium all of the User Content at any time and without restriction, that you provide to us. We are not obliged to:

keep content confidential;
pay the user for their content or otherwise provide an equivalent, unless we specify otherwise (e.g. we provide an equivalent for user content in the competition call); or
respond to user content.

User Content must not:

infringe the rights of third parties, including copyright, trademark, privacy, personality or other rights,
contain defamatory or otherwise unlawful, offensive or obscene material, or contain a computer virus or other malware that could interfere in any way with the operation of the Service or any linked website.

The Seller does not and cannot review User Content. We reserve the right, however, to remove User Content that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions. The Seller will also remove or disable access to the Content on the basis of a court order, an inspection order, a decision of any other competent authority or if the Seller is otherwise aware that the Content is unlawful.

When publishing Content, a User may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of the Content.

The User who posted the content is solely responsible for the content and its accuracy. We accept no liability for them, except in the cases provided for by law.

SECTION 9: Personal data

We process personal data of the user for the purposes and in accordance with the procedures detailed in the Privacy Policy (https://fibygaja.com/policies/privacy-policy).

You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may include (a) transmissions over different networks and (b) changes to comply with and adapt to the technical requirements of connecting networks or devices. Credit card data shall always be encrypted during transmission across networks.

SECTION 10: Errors, inaccuracies and omissions

From time to time, information may appear on our Site or Service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information. In the event of material changes, we will notify the Buyer subsequently and provide the Buyer with the opportunity to cancel the order or to exchange the product ordered.

We make every effort to provide accurate and up-to-date information on the Website. We do not warrant or guarantee that the content of this Site is accurate or reliable, that the Site will be error or virus free, or that your access to and use of the Site will be uninterrupted or secure. We reserve the right to disable your access to the Website from time to time for an indefinite period without prior notice to you. The Seller shall not be liable for any damages suffered by the User as a result of the unavailability of the Website.

SECTION 11: Prohibited use of the Website

In addition to the other prohibitions set out in these General Terms and Conditions, it is prohibited to use the Website or its content:

to upload or download viruses or any other type of code, files or programs that will or could be used in any way that will or could affect the functionality or performance of the Service or any linked website, other websites or the Internet;
to collect or track the personal information of others;
spamming, phishing or pretexting, pharming, scraping, spidering or crawling;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any linked site, other sites or the Internet.

You are also prohibited from using the Site or its Content to:

violate any international, national or local laws or regulations;
infringe or violate our intellectual property rights or the intellectual property rights of others;
harass, abuse, insult, harm, defame, libel, slander, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
provide false or misleading information.

We reserve the right to terminate your use of the Service or any linked website for violation of any prohibited use.

SECTION 12: Limitation of liability

Before visiting the Website, the User must ensure, at his own risk, the security of his technical means of access to the Website and the security of the usernames and passwords on the Website.

The User's use or inability to use the Service is at the User's own risk.

SECTION 13: Indemnification in the event of a breach by the user

The User undertakes to indemnify and hold Fi by Gaja, its partners, suppliers and employees harmless from and against any claim or demand (including reasonable attorneys' fees) made or brought by any third party due to or arising out of the User's breach of these General Terms and Conditions or the documents referred to in these General Terms and Conditions, or the User's violation of any regulation or the rights of a third party.

SECTION 14: Product prices

The sales prices in the online shop https://fibygaja.com are expressed in euros, VAT is not charged pursuant to Article 94(1) of the Value Added Tax Act. The selling prices of the products displayed on the website do not include the postage costs, which are borne entirely by the user.

The selling price shall be the price published on the website at the time the order is placed. The Seller reserves the right to change prices without prior notice.

SECTION 15: Method of payment

The Seller allows the following methods of payment:

Visa, Mastercard,
payment by Paypal,
by payment order.

SECTION 16: Shipping and delivery charges

As the Seller's products are sustainable and in order to reduce inventories, almost every product is only manufactured when ordered, therefore the Seller undertakes to manufacture and ship the product within 16 days at the latest. If the product is in stock, it will be shipped within 3 days.

Within Slovenia, the shipping costs are EUR 5 and the shipping time is up to 3 working days.

The Seller delivers to EU countries other than Slovenia, where the shipping costs are EUR 10 and the shipping time is up to 10 working days.

The Seller also delivers to third countries, with a shipping cost of EUR 20 and a shipping time of up to 16 working days.

SECTION 17: Right of withdrawal/return

In the case of distance purchases, the user has the right to withdraw from the contract within 14 days of receipt of the goods. The user may withdraw from the contract without giving a reason and return the goods. The user shall exercise the right of withdrawal by notifying the seller of his intention to withdraw from the contract by sending an unequivocal statement to the e-mail address gaja@fibygaja.com making it clear that he is withdrawing from the contract. In this case, the Seller shall immediately send the User an e-mail acknowledging receipt of such withdrawal declaration. The User shall be deemed to have made the withdrawal declaration in due time if he sends it within the time limit set for withdrawal from the Contract. It must also be accompanied by a copy of the invoice or other relevant document.

In the event of withdrawal from the contract, the Seller shall refund to the User, within 14 days of receipt of the User's withdrawal declaration, the full purchase price and the original shipping costs of the Product, except for any additional costs arising from the User's choice of delivery method and in excess of the cheapest delivery option for the Product. The postage costs for the return of the Product shall be borne by the User and deducted from the amount of the refunded purchase price.

The Seller shall be entitled to suspend the refund of the purchase price until receipt of the returned Products or until the User has proved that he has dispatched the Products. The Seller shall effect the refund by the same means of payment as that chosen by the User to pay for the order.

In the event of withdrawal from the contract, the user must return the purchased product to the seller within 14 days of the withdrawal declaration. The User is obliged to return the Products undamaged and in unchanged quantity, i.e. in the same condition as received with all original labels. When returning the product, the user is obliged to ensure that the original packaging is protected from damage, foreign inscriptions or markings and labels. In the event that the conditions set out in the previous two sentences are not fulfilled, the Seller shall return the products to the User at the User's expense.

The user shall return the product to the following address:

Gaja Hanzel, samozaposlena v kulturi - oblikovalka

Pod Sedovnikom 17

6210 Sežana

Slovenia

In case of any doubts or questions regarding the product return procedure, the User may contact gaja@fibygaja.com for any clarifications.

SECTION 18: Guarantee of conformity of the product with the contract

The Seller warrants the conformity of the Product with the Contract and undertakes to deliver to the User Products which conform to the Contract. By accepting these General Terms and Conditions, the User expressly acknowledges that he agrees that the natural appearance of the materials of which the Products are made shall not be considered as a lack of conformity of the Product with the Contract. The User acknowledges and accepts that any defects or damage resulting from an accident for which the User is partly responsible due to the failure to use the Product in accordance with its intended use or due to normal wear and tear of the Product are not covered by the warranty.

The Seller shall be liable for any non-conformity of the product (material defect) existing at the time of delivery of the product, if such non-conformity becomes apparent within 2 years of delivery of the product. The user shall forfeit his warranty rights if he fails to notify the seller within 2 months from the date of discovery of the non-conformity. The User shall notify the non-conformity of the Product with the Contract by sending an e-mail to gaja@fibygaja.com. The User must describe in detail the defects of the product and attach photographs of the product to prove the defects. The defect shall be presumed to have existed at the time of delivery if it occurs within 1 year of delivery of the goods.

If the defect is proven, the Seller shall bear the cost of returning the goods. If the Seller, on the basis of an analysis of the photographs, considers that the non-conformity of the product with the contract is not proven, the User may return the product to the Seller at the Seller's own expense, with a view to the Seller carrying out an inspection of the product at the Seller's registered office. Upon receipt of the Product, the Seller will inspect the Product and notify the User of the receipt of the Product and the evidence of the defect.

If the Product is not in conformity with the Contract, the User may require the Seller to repair or replace the Product with a new, faultless Product. If the chosen subsequent fulfilment is impracticable or incurs disproportionate costs for the Seller in comparison with the other, the Seller has the right to reject it and to choose another. If the Seller fails to bring the Product into conformity with the Contract, the User has the right to demand a reduction of the purchase price or to withdraw from the Contract.

The user shall send the product to the following address:

Gaja Hanzel, samozaposlena v kulturi - oblikovalka

Pod Sedovnikom 17

6210 Sežana

Slovenia

In case of any doubts or questions regarding the guarantee of the conformity of the product with the contract, the user may contact gaja@fibygaja.com for any clarifications.

SECTION 19: General provisions

The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the other provisions of these General Terms and Conditions and the General Terms and Conditions as a whole. The General Terms and Conditions shall remain in force without the invalid contractual provision as if that contractual provision had never been agreed.

If we do not insist on your performance of your obligations under these General Terms and Conditions towards us or do not exercise our rights in relation to you, this does not mean that we have waived our rights in relation to you and that you are not obliged to comply with these obligations.

SECTION 20: Withdrawal by the Seller

In the event of a breach by the User of the provisions of the Contract or these General Terms and Conditions, the Seller shall have the right to withdraw from the Contract without prior notice to the User.

SECTION 21: Applicable law and competent court

These General Terms and Conditions shall be governed in their entirety by Slovenian law. The parties may agree that another law shall apply. Any dispute between the parties relating to the interpretation, performance or termination of the General Terms and Conditions or any agreement shall be subject to the exclusive jurisdiction of the courts of the User's place of residence or domicile.

SECTION 22: Modification of the General Terms and Conditions

The Seller reserves the right to update or modify the General Terms and Conditions at any time, if necessary to bring the General Terms and Conditions into line with legal provisions, to adapt the General Terms and Conditions to the sales procedures or for technical reasons. The Seller shall publish the updated version of the General Terms and Conditions on this website. The User shall be bound by the General Terms and Conditions published on this website at the time of placing the order.

SECTION 23: Contact details

For assistance or further information, the User may contact gaja@fibygaja.com.

SECTION 24: Validity

These General Conditions of the Seller are valid from 20.01.2023 until their revocation or the adoption of new General Conditions of the Seller.