General terms and conditions
1. General terms of use
The purpose of these general terms and conditions is to define the terms of use of the Modern Cosmethics website. These general terms and conditions govern the functioning of the Modern Cosmethics website, the rights of users or customers, and the business relationship between Širimo dobro besedo d.o.o. and end-customers and/or users. They also govern the sale of products available on the Modern Cosmethics website. These general terms and conditions governing transactions and the use of the website are in line with the Consumer Protection Act and international recommendations for e-commerce, and apply to all visitors and/or users of the website and associated websites.
These general terms and conditions shall apply from October, 8th, 2018, and may be amended without express notification. Every customer and user of the website shall be familiar with the terms of use and purchase.
2. Modern Cosmethics online store
The Modern Cosmethics online store is accessible on the worldwide web at www.moderncosmethics.com. The owner of the website and administrator of the online store is Širimo dobro besedo d.o.o, Črnova 3a, 3320 Velenje. The company is entered in the business register under registration no. 39567680 and VAT ID no. SI81426569.
3. Definition of important terms
3.1 Owner and seller
The owner of the website (hereinafter: ‘seller’ or ‘service provider’) is Širimo dobro besedo d.o.o, Črnova 3a, 3320 Velenje. The company is entered in the business register under registration no. 39567680 and VAT ID no. SI81426569. The company’s bank account no. SI56 1010 0004 9519 271 is open at Banka Intesa Sanpaolo d.d. The seller is liable for the payment of VAT. The seller may be contacted in writing at the company’s address, via email at info@moderncosmethics.com or via telephone at +386 40 975 217 every day after 4 pm.
3.2 Data manager
The personal data manager (or ‘data manager’) under these general terms and conditions shall mean Širimo dobro besedo d.o.o, Črnova 3a, 3320 Velenje.
3.3 Processor
The personal data processor shall mean the company who provides the data manager the use of a platform for the sending of the monthly newsletter or notifications regarding the latest announcements.
3.4 Visitor
A visitor shall mean any person who visits the Modern Cosmethics website.
3.5 Subscriber to the newsletter or notifications
A subscriber to the newsletter or notifications (or ‘subscriber’) shall mean any person who by completing the relevant form subscribes to the receipt of the monthly newsletter, notifications regarding the latest announcements, or news regarding courses and other new developments.
3.6 Customer
A customer shall mean anyone who completes the relevant form and submits an order via the Modern Cosmethics website. A customer may be a natural person or legal entity.
3.7 User
A website user shall mean a visitor to the website, a subscriber to the newsletter or notifications, and a customer.
4. Acceptance of the general terms and conditions
By using the Modern Cosmethics website, a visitor accepts these general terms and conditions, and confirms that they are familiar and agree with them.
General terms of sale
5. Conclusion of sales agreements
By submitting an order via the website, a visitor shall become a customer, resulting in the conclusion of a distance contract between that customer and the seller. A sales agreement may be concluded in the Slovenian or English languages.
A sales agreement between the seller and a customer shall be deemed concluded the moment the seller confirms an order via email and the customer receives the electronic message, ‘Order confirmed’. From that moment on, all prices and other terms shall be fixed, and apply to both the seller and customer.
6. Offer
The Modern Cosmethics online store shall offer the book entitled, Modern Cosmetics – Ingredients of Natural Origin. A Scientific View. Volume 1 and the CosmEthically ACTIVE ‘Must-Have’ Beauty Box.
7. Product prices
The product prices at www.moderncosmethics.com shall be expressed in euros and include VAT. The prices and potential discounts and benefits stated next to an article at the time an order is placed shall apply.
The purchase price and postage shall be clearly visible at the time of an order and on the physical invoice you receive.
The seller shall not be liable for potential losses in the e-commerce system as the result of the interruption of or a change to, or the removal or inaccessibility of e-commerce services.
8. Payment method
Customers may select between the following payment options:
– via Paypal;
– using a credit card; and
– by bank wire. The customer shall pay for the purchase of a product by transferring payment in accordance with a received proforma invoice to the company’s bank account no. SI56 1010 0004 9519 271 open at Banka Intesa Sanpaolo d.d. If additional payment options are available, customers shall be informed accordingly in the form of amended general selling terms.
9. Options and costs of delivery
Goods shall be delivered to the customer by a courier service.
The seller shall entrust a package for delivery to
Širimo dobro besedo d.o.o.
Eurobase house,
Unit 312, IDA Industrial Estate,
Cork road, Waterford,
Republic of Ireland
The latter shall forward that package to its contractual partners:
DHL Express Couriers (for deliveries outside of Ireland),
Unit 3,
Elm Road,
Dublin Airport Logistics Park,
St. Margaret’s, Co. Dublin
Republic of Ireland
GLS Ireland Ltd. (for deliveries inside of Ireland),
Unit 1,
Stadium Business Park,
Ballycoolin road,
Ballycoolin, Dublin 11
Republic of Ireland
POŠTA SLOVENIJE d.o.o,
Slomškov trg 10,
Maribor,
2000 Maribor,
Slovenia
Delivery shall be free of charge.
The estimated delivery time is 5-7 working days but some shipments could take up to 20 days due to the postal service in each country. If it is determined that goods cannot be delivered by the promised deadline for objective reasons, the seller shall inform the customer accordingly by email or telephone. Delivery on holidays shall be deemed an objective reason for a delay.
Should the customer wish to return a product, it shall cover the costs of return to the seller.
10. Ordering process
A visitor may make an order under the tab ‘Book’ or/and ‘Beauty box’.
For the purpose of submitting an order, the customer shall complete the relevant form. During that process, the seller shall collect the following data: name and surname, street and house number, city and postal code, telephone number and email address. To that end, the customer may the select the payment method. Prior to issuing an order, the seller shall summarise the order. The customer shall complete an order by clicking on the button ‘Submit order’, and shall receive an order confirmation sent to the email address provided.
Prior to submitting an order, the customer shall have the option of previewing an abstract of the product at the website www.moderncosmethics.com. The customer may familiarise themselves with the full text of the general terms and conditions between the seller and buyer (published on the purchase form tab) prior to submitting an order.
11. Cancelling an order
An order may be cancelled until a package is turned over to the courier service. If an order is not cancelled on time, the seller shall have the right to issue an invoice to the customer for the full price of a product.
12. Right to refuse service
The seller shall reserve the right to refuse delivery in exceptional cases. Exceptional cases shall include technical limitations or payment risks associated with a customer, which are based on the seller’s decision. The seller shall have the right to cancel an order if it does not receive confirmation of a purchase from the customer via telephone or email. The seller shall not be obliged to make such notification if the customer did not provide the correct personal data.
The seller shall not be liable for losses, damage or costs that arise as the result of the failure to fulfil obligations or a delay in the fulfilment of obligations due to an event or circumstances that are beyond its control.
13. Withdrawal from an order and return of goods
A customer shall have the right to withdraw from an order within 15 days from the receipt of a package without stating a reason for its decision. The customer shall inform the seller of its withdrawal from an order in writing or via email by the aforementioned 15-day deadline. A customer shall return the goods to the seller within 15 days following notification of withdrawal, and shall bear the associated postal costs of return.
The seller shall inspect the goods following their return, and shall only reimburse the customer the purchase price if all goods are undamaged and in the same quantity as at the time of an order. The refund of the purchase price shall only include the value of products; postal costs and the costs of return shall be covered in full by the customer. In order to expedite the processing of returns, the customer should also include with the returned goods or notification of withdrawal from an order the invoice it received for those goods, their personal data and the bank account number to which the purchase price should be returned.
Data protection
14. Personal data protection statement
Širimo dobro besedo d.o.o. hereby undertakes to handle the personal data of customers and other registered users, obtained via the www.moderncosmethics.com, in accordance with valid regulations governing the protection of personal data (General Data Protection Regulation – Regulation (EU) 2016/679 (EU GDPR) and Personal Data Protection Act, Official Gazette of the Republic of Slovenia, No. 94/07; hereinafter: the ZVOP-1).
In accordance with the EU GDPR and ZVOP-1, Širimo dobro besedo d.o.o. may, as data manager, only process the personal data of subscribers, customers and other registered users if an individual gives their personal consent. By providing their personal consent, an individual agrees that their personal data may be processed for specific purposes. That personal consent shall be given based on information provided to the user by Širimo dobro besedo d.o.o. Personal consent may be given in writing, orally or in the form of other relevant consent. In the case of the Modern Cosmethics website, personal consent shall be deemed the action of an individual who when subscribing to the newsletter, registering or making an online purchase confirms that they accept and agree with the general terms and conditions by checking the relevant box and/or clicking on the button ‘Confirm’ or ‘Subscribe’.
Processing of data following registration for the newsletter and notifications regarding new announcements
15. Registration for the newsletter and notifications regarding new announcements
A visitor may register for the monthly newsletter, notifications regarding new announcements or notifications regarding courses and other new developments by completing the registration form and indicating which content they wish to receive. In doing so, they shall become a subscriber to the content of the Modern Cosmethics website. A customer may also subscribe to the monthly newsletter or other notifications when making a purchase by checking the box confirming that they wish to receive the newsletter. In order to register for the newsletter, and notifications regarding announcements and courses, an individual’s consent shall be required for each separate activity. A subscriber shall provide the data manager the following information at the time of registration:
• email address;
• name and surname; and
• an indication of which information they wish to receive.
Registration for the newsletter and notifications shall only be possible by providing all required data and agreeing to the terms and conditions of data processing. A subscriber may cancel the receipt of the newsletter and notifications at any time.
15.1 Cancellation of a subscription
If a subscriber wishes to deregister, they may do so by clicking the link ‘Unsubscribe’ found at the bottom of each message, or by deregistering in writing via email to info@moderncosmethics.com. The data manager shall erase the subscriber’s personal data following final confirmation of deregistration. Cancelling their subscription means that a subscriber will no longer receive any notifications.
15.2 Subscription termination
If a subscriber is inactive (i.e. does not open the newsletter and notifications sent to them) for more than one year, their subscription to the newsletter and notifications will be automatically terminated. The subscriber will be informed accordingly via email to the address they provided. In this case, the data manager shall erase the personal data of the subscriber, who will no longer receive any notifications.
15.3 Scope of processed personal data and purpose of the collection thereof
The data manager shall process the following personal data entered by a subscriber in the registration form: email address, name and surname. When a subscriber registers, the data processor shall also obtain data regarding the subscriber’s location or IP address, device and program or application they use to read the newsletter. That data shall be obtained with the help of cookies or web beacons. You can read more about the processor’s terms and conditions at: https://mailchimp.com/legal/privacy/.
The data manager shall process the personal data received from subscribers for the purpose of sending notifications regarding the latest announcements and for the direct marketing of services, products and other activities. The term ‘direct marketing’ shall mean the use of an individual’s personal data for the purpose of offering goods or services (e.g. courses) through the use of postal services, telephone calls, email or other telecommunication channels (e.g. statistical processing, customer segmentation, the analysis of past purchasing habits, notifications regarding the latest developments, the sending of offers, advertising materials, magazines and invitations to events, and telephone, written and electronic surveys).
The term ‘personal data processing’ shall mean any action or series of actions performed in connection with personal data that are automatically processed, are a part of a collection of personal data used in manual processing or are intended for inclusion in a collection of personal data, in particular collecting, obtaining, entering, sorting, saving, altering or changing, recalling, viewing, using, disclosing via transfer, notifying, disseminating or otherwise making available, categorising or linking, blocking, anonymising, erasing or destroying data. Processing may be manual or automated (processing means). The purposes of collecting, processing, saving and using personal data from the Modern Cosmethics website shall include: statistical processing, and the sending of the newsletter, notifications and offers, advertising materials and invitations to events.
Processing of data in connection with online orders
16. Submission of online orders
When submitting an online order, a customer shall provide the data manager the following data:
• name and surname;
• address, and place of temporary or permanent residence;
• email address; and
• telephone number.
16.1 Scope of processed personal data and purpose of the collection thereof
The data manager shall process the following personal data entered by a subscriber in the registration form: email address, name and surname, address, and place of temporary or permanent residence.
At the time of registration, the data manager shall also obtain data regarding a user’s location or IP address. That data is obtained with the help of cookies or web beacons. The data manager shall process the personal data received from a customer for the purpose of processing and filling orders. The term ‘personal data processing’ shall mean any action or series of actions performed in connection with personal data that are automatically processed, are a part of a collection of personal data used in manual processing or are intended for inclusion in a collection of personal data, in particular collecting, obtaining, entering, sorting, saving, altering or changing, recalling, viewing, using, disclosing via transfer, notifying, disseminating or otherwise making available, categorising or linking, blocking, anonymising, erasing or destroying data. Processing may be manual or automated (processing means).
17. Data accuracy
The data manager shall assume no responsibility for the credibility, accuracy and relevance of the personal data and contact data provided by a user. The user shall be obliged to ensure the accuracy and relevance of all submitted data.
18. Personal data protection
18.1 Notification regarding the use and processing of personal data
The data manager may use and process the personal data of users, obtained during the completion of the subscription form for the newsletter or notifications, or when an order is submitted, in accordance with valid regulations governing the protection of personal data (General Data Protection Regulation – Regulation (EU) 2016/679 (EU GDPR) and Personal Data Protection Act, Official Gazette of the Republic of Slovenia, No. 94/07; hereinafter: the ZVOP-1). The data manager may only use and process the personal data of a user for the purposes selected and confirmed by the user at the time of subscription or the submission of an order.
In accordance with the EU GDPR and ZVOP-1, the data manager may only process personal data if an individual gives their personal consent. Personal consent shall mean a user’s voluntary statement that their personal data may be processed for a specific purpose. That consent shall be given based on information provided by the data manager. An individual’s personal consent may be written or oral, or take another appropriate form of consent. When subscribing to the newsletter, personal consent shall be deemed the action of an individual who when subscribing to the newsletter confirms that they accept and agree with the general terms and conditions by checking the relevant box and clicking on the button ‘Subscribe’, and thus notifies the data manager in what manner and for what purposes their data may be used.
18.2 Consent to the processing of personal data
An individual shall be deemed to have given their personal consent to the use and processing of personal data for a voluntarily selected purpose, as required by regulations governing personal data protection, when they confirm that they accept and agree with these general terms and conditions through the selection of the content that they wish to receive by checking the relevant box and clicking on the ‘Subscribe’ button in the process of submitting an order or subscribing to the newsletter. Based on a user’s personal consent, the data manager may process personal data for the purposes described in points 2.3 and 3.1 of this personal data protection statement.
18.3 User’s right to request a change, access to or the cessation of the use of personal data
A user may request a change to personal data at any time in writing, via email or by clicking on the link ‘Change settings’, which is found in every newsletter. A user may also request access to personal data at any time in writing via email or another appropriate form. The data manager shall have the right to request that a user prove their identity based on a justified suspicion of abuse.
A user may request that the data manager permanently or temporarily cease to use their personal data for the purposes of notifications or direct marketing at any time in writing, via email or by clicking on the link ‘Unsubscribe’, which is found in every newsletter. The data manager shall prevent the use of personal data for notifications and direct marketing in the shortest time possible.
18.4 Right to object to processing, right to portability and the right to lodge a complaint with the competent supervisory authority
A user may object to the processing of personal data at any time in writing via email or another appropriate form.
A user shall have the right to receive personal data that it provided to the data manager, in a structured, commonly used and machine-readable form, and the right to transmit data to another data manager.
A user shall have the right to lodge a complaint with the competent supervisory body if they suspect the improper handling to personal data.
18.5 Security of personal data
The data manager shall conduct itself in accordance with the requirements of regulations governing personal data protection (General Data Protection Regulation – Regulation (EU) 2016/679 (EU GDPR) and ZVOP-1; Official Gazette of the Republic of Slovenia, No. 94/2007) when processing and handling the personal data of users.
In order to ensure the security of personal data, the data manager shall employ organisational, technical and other appropriate procedures and measures, with the aim of preventing the unauthorised destruction, alteration, loss and processing of data. The data manager shall not be liable for potential errors that are the result of the provision of erroneous data in the process of subscribing to the newsletter or submitting orders.
18.6 Personal data retention period
Submitted personal data shall only be stored and used for the amount of time necessary to achieve the purpose for which they were processed, and shall be erased immediately if so requested by a user. In the case of a purchase or subscription to the newsletter, data shall be stored and used indefinitely. A user shall be informed of erasure via email to the address they provided.
18.7 Cookies
The website places cookies in the browser on the computer of a visitor or subscriber. Cookies are text files that are stored on a user’s computer and facilitate the analysis of users’ visits, the number of visits and the content of interest during those visits. Cookies contain basic data regarding a user’s visit to a specific website (e.g. the name of a website visited on the worldwide web). The content of cookies is stored is a special directory on a user’s computer. By double-clicking on a file, we obtain more detailed information about a website, and the date and hour of a visit. All of these data are also saved by the administrator of a website visited by an individual.
A user may delete cookies using certain settings or use them conditionally, but may not be able to use all of the functions of a website to their full extent. As a rule, browsers are set up to accept cookies, but reject the setting of cookies that do not derive from the domain described in the title bar.
The data manager may link the personal data provided by a user when submitting an order or subscribing to the newsletter with the data stored in a cookie. The data manager may use the data generated by cookies separately or in combination with the personal data provided by a user to evaluate the use of a website, to generate reports regarding a website’s activities, for the statistical analysis of data, to formulate a direct marketing approach based on purchasing habits, to provide further services linked to the use of a website, and for other direct marketing activities.
When it submits an order or subscribes to the newsletter, a user shall be deemed to have given their consent to the placement of cookies, and their personal consent to the use and processing of personal data, which also includes the possibility of the processing and linking of data contained in cookies with the personal data provided by a user for the direct marketing of services, products or other activities.
18.8 Users of personal data
The user of personal data is:
Širimo dobro besedo d.o.o.
Črnova 3a
3320 Velenje
Slovenia
For the successful processing and delivery of an order, the company may also forward a customer’s personal data to:
Širimo dobro besedo d.o.o.
Eurobase house,
Unit 312, IDA Industrial Estate,
Cork road, Waterford,
Republic of Ireland
which forwards data to its contractual partners:
DHL Express Couriers (for deliveries inside of Ireland),
Unit 3,
Elm Road,
Dublin Airport Logistics Park,
St. Margaret’s, Co. Dublin
Republic of Ireland
GLS Ireland Ltd. (for deliveries outside of Ireland),
Unit 1,
Stadium Business Park,
Ballycoolin road,
Ballycoolin, Dublin 11
Republic of Ireland
For potential questions regarding data confidentiality, the way in which data are collected and used, or requests for additional information, contact us at telephone no. +386 41 975 217 or via email to info@moderncosmethics.com.
19. Disclaimer
The data manager shall strive to the best of its abilities to provide accurate and relevant data. However, users are warned that texts are of an informative nature. The data manager thus makes no guarantee and assumes no liability whatsoever for the accuracy and relevance thereof. The data manager shall likewise assume no liability whatsoever for actions taken by users based on published data. The data manager shall not be liable for the temporary malfunctioning of the website or for potential damage due to the use of inaccurate or incomplete information. Neither the data manager or any other legal entity or natural person involved in the development of websites shall be liable for damage that is the result of access to information and the use or potential use of information on such websites, or for any errors or deficiencies in their content.
The data manager shall reserve the right to change or remove contents on such websites at any time, regardless of the reason and without prior notification. Users shall use published contents at their own risk.
Last change: November, 5th, 2018