GENERAL TERMS AND CONDITIONS “LEVO BELT”

 

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions (hereinafter referred to as “General Terms and Conditions”) of LEVO BELT d.o.o., Cesta Cirila Kosmača 9, 1211 Ljubljana – Šmartno, Slovenia, registration number: 9765930000, VAT ID: SI 82620768 (hereinafter referred to as “LEVO BELT”) shall govern the terms and conditions of the order of LEVO BELT products (hereinafter referred to as: “Products”), the relationship between the Seller and the Buyer, and the rights and obligations of the Seller and the Buyer, subject to the applicable regulations, and are drawn up in accordance with the provisions of the Consumer Protection Act (ZVPot-1),1 the Personal Data Protection Act (ZVOP-2),2 the Electronic Communications Act (ZEKom-2)3 and the General Data Protection Regulation (GDPR).4

1.2. Terms used in these General Terms and Conditions have the following meaning:

  • “Buyer” means a natural or legal person who purchases products from the Seller and whose order is confirmed by the Seller and who thereby undertakes to pay for the product;
  • “Contract” means a contract of sale between the Seller and the Buyer for the purchase of products or items on the Website.
  • “Customer” means any natural or legal person who wishes to purchase products or items through the Seller’s website;
  • “Order” means a document or automated electronic message from the Seller confirming the Buyer’s order for the conclusion of a sales contract between the Seller and the Buyer for the purchase of products and containing the specific product and its price, so that the payment of the amount on the Order constitutes a contract for the purchase of the specific product.
  • “Seller” means LEVO BELT d.o.o., Cesta Cirila Kosmača 9, 1211 Ljubljana – Šmartno, Slovenia, company registration number: 9765930000, VAT ID: SI 82620768 (hereinafter referred to as “Seller”);
  • “User” means any visitor to the Seller’s website.
  • “Website” means the website in the domain of the Seller “levobelt.com”, which provides online ordering of products;

1.3. The present General Terms and Conditions shall form an integral part of each individual Contract and shall apply to each individual sale and purchase of Products (regardless of whether it is a direct purchase or a purchase via a remote website). The present General Terms and Conditions are available on the Seller’s website “levobelt.com”.

1.4. By accepting the offer or placing an order, the Buyer declares that he/she has read the General Terms and Conditions and that he/she agrees to be bound by them and accepts all rights and obligations arising therefrom.

1.5. By accepting the offer or placing an order issued, the Buyer declares that the information entered in the offer is true and accurate.

1.6. Address and contact details of the Seller: LEVO BELT d.o.o., Cesta Cirila Kosmača 9, 1211 Ljubljana – Šmartno, Slovenia; E-mail: info@levobelt.com.

    1. Consumer Protection Act (ZVPot-1; Official Gazette RS, No. 130/22, as amended and supplemented).
    2. Personal Data Protection Act (ZVOP-2; Official Gazette RS, No 163/22, as amended and supplemented).
    3. Electronic Communications Act (ZEKom-2; Official Gazette RS, No 130/22, as amended and supplemented).
    4. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; OJ L 119, 4.5.2016, p. 1-88).

2. CONCLUSION OF THE CONTRACT

2.1. The contract between the Seller and the Buyer on the website shall be deemed to be concluded at the moment when the Buyer places and pays for the order and receives a document or an automated e-mail from the Seller confirming the order. All prices and other terms and conditions as they arise from the placing of the order shall thereupon become fixed and binding on both the Seller and the Buyer. The Buyer shall be deemed to be the person whose details are as stated at the time of placing the order, and no subsequent changes to the Buyer’s details shall be possible.

3. METHOD OF PAYMENT

3.1. The Buyer, who makes a purchase through the Seller’s website, has the option to pay with one of the online payment cards provided by the online payment service provider and in accordance with its general terms and conditions. The payer must be the same person or entity as the debit or credit card holder.

3. 2. Each Buyer will receive an invoice upon delivery of the Product. The invoice shall itemise the price and all charges relating to the purchase and give notice of the right of withdrawal. It is the Buyer’s responsibility to verify the accuracy of the information before placing an order. We will not consider any subsequent objections to the correctness of the invoices.

4. PRICE, COUPON AND GIFT VOUCHER

4.1. The price of the Product is the same as the price published for the Product in the online shop on the Website. All prices are inclusive of value added tax (“VAT”) unless otherwise expressly stated. The price is valid at the time of placing the order and has no predetermined validity.

4.2. Coupon offers various benefits when purchasing from the online shop on the website and is time-limited and one-time (can only be used once). If a Buyer redeems a coupon but subsequently cancels the order with the coupon of his/her own volition, he/she will no longer be entitled to the new benefits of the coupon. Only one coupon can be redeemed for the purchase of one product.

4.3. Gift Voucher is a receipt issued by the Seller against payment in electronic form (an email from the Seller with a gift voucher code) or in physical form. Each gift voucher is marked with its own unique serial number and the Seller undertakes to accept it as payment for a purchase made through the website. The purchase of a gift voucher is subject to the same provisions of the General Terms and Conditions as for the purchase of other products. The validity of the gift voucher is indicated on the gift voucher. Gift vouchers cannot be exchanged for cash and can only be redeemed in full. In the event that the value of the purchase is higher than the value of the gift voucher, the holder of the gift voucher shall be required to pay the difference and the gift voucher shall not be used to pay delivery charges. If an order or part of an order is cancelled and the gift vouchers are therefore not redeemed, we will replace the vouchers with new gift vouchers. We will refund the money paid to your current account or credit card if you have used it to make a purchase. All you need to do is to let us know the codes of the redeemed gift vouchers and your transaction account number.

4.4. The way the Buyer uses the coupon or gift voucher is that, after selecting the products they wish to purchase and adding them to their basket, they enter the discount voucher or gift voucher in the form provided for this purpose and select the “use” button. Once the coupon or gift voucher has been used, the value of the voucher or gift voucher is automatically deducted from the price of the order, leaving the amount to be paid to complete the order.

5. ORDERING PROCEDURE ON THE WEBSITE

5.1. The purchase of products through the online shop on the Seller’s website “levobelt.com” is subject to all the provisions of these General Terms and Conditions.

5.2. The Buyer shall select the Products in the online shop for the shopping basket; no prior login or registration is required. Before payment, the Buyer must register (if he has not already done so), confirm that he agrees to the General Terms and Conditions, and complete and confirm the information in the form. Only once these actions have been completed, payment can be made and the selected products can be purchased. Before confirming the purchase, the Customer must read the General Terms and Conditions and tick the box to confirm that he/she agrees to them; it is not possible to confirm the purchase without ticking the box.

5.3. Until the purchase is confirmed, the Customer may add or remove Products from the shopping basket. By confirming the purchase by clicking on the “order” box, a contract is concluded between the Buyer and the Seller or a binding order is accepted. By confirming the order, the Buyer confirms that he/she agrees to the price published on the Website at that time and to the General Terms and Conditions and that he/she has been informed of the full text of the General Terms and Conditions before entering into the contract.

6. DELIVERY

6.1. The Buyer shall pay the full cost of shipping the Products. The shipping costs shall be calculated at the time of purchase in accordance with the shipping price published on the Seller’s website.

6.2. Delivery of the Products shall be made via a delivery service. Delivery shall be made to the address specified by the Buyer in the order. The Buyer assumes full responsibility for the accuracy of the contact details and delivery address.

6.3. The Seller is obliged to deliver the Product to the Buyer as soon as possible, subject to the availability of the Product, and no later than 45 (forty-five) days from the moment of acceptance of the offer by the Buyer, where such acceptance has been confirmed, as set out in Article 2 of these General Terms and Conditions.

6.4. In the event of extraordinary circumstances, force majeure or events beyond the Seller’s control which make it impossible to deliver the Products within the time limit referred to in the preceding paragraph of this Article, the Seller shall notify the Buyer thereof and the delivery time limit shall be extended by the period of time for which the extraordinary circumstances which make delivery impossible last.

6.5. The Seller has fulfilled his obligation to deliver the Product to the Buyer when he has delivered the Product to the Buyer in person or through an intermediary or when he has handed over to the Buyer a document by which the Product can be collected, in which case the place of collection shall be indicated on the document. A person of legal age who is authorised by the Buyer by a special power of attorney, on which the signature of the authorised person is authenticated by a notary public or other competent administrative authority, may take delivery of the Product in place of the Buyer, whereby the delivery to the Buyer shall be deemed to have been duly effected.

6.6. The Seller shall not be obliged to deliver the Product if the Buyer has not paid the full amount of its price.

6.7. If the Buyer refuses to take delivery of the Product, which has been delivered to the Buyer in due time and in the agreed manner, without a valid reason, the Buyer shall be obliged to compensate the Seller for any damage incurred by the Seller as a result of the Buyer’s failure to take delivery of the Product, e.g. the cost of the delivery service, the cost of insuring the package, the cost of packaging the package, the cost of delivering the Product, etc. In such a case, the Seller shall refund to the Buyer the purchase price already paid, less the costs incurred.

6.8. Tax and Customs Duties: Shipments may be subject to additional taxes and duties imposed by the destination country. Buyers are responsible for checking their country’s customs regulations and bearing any applicable charges.

7. MATERIAL DEFECTS

The Seller undertakes to deliver the Product to the Buyer in a satisfactory condition and shall be liable for material defects in accordance with the provisions of the Code of Obligations5 and ZVPot-1.

7.2. The Buyer is obliged to inspect the received Product in the usual way as soon as possible. The Buyer is obliged to notify the Seller of any obvious material defect within 8 (eight) days, or immediately if the Buyer is a legal person, otherwise the Buyer forfeits this right. If the inspection of the product has been carried out in the presence of the Seller and the Buyer, the Buyer must immediately notify the Seller of its observations on the grounds of obvious defects, otherwise the Buyer shall forfeit the right to which it is entitled under this title.

7.3. If, after the Buyer has taken delivery of the Product, it appears that the Product has a defect which could not have been observed by normal inspection on receipt (hidden defect), the Buyer must notify the Seller of the defect within eight (8) days of the date on which the Buyer became aware of the defect, or, if the Buyer is a legal person, immediately, otherwise the Buyer shall forfeit this right. The Seller shall not be liable for defects which become apparent after 6 (six) months have elapsed since the product was ordered. The Buyer must hand over to the Seller the product in respect of which the Buyer complains of a defect so that the Seller can inspect it. For products for which the Buyer does not have an invoice, the reprimand shall not be considered.

7.4. The Seller shall be liable for the following material defects: (i) material defects in the product at the time when the risk passed to the Buyer, whether or not the Buyer was aware of them; and (ii) material defects which become apparent after the risk has passed to the Buyer, if they are the result of a cause which existed before that time.

7.5. A material defect exists, if: (i) the product does not have the characteristics necessary for its normal use; (ii) the product does not have the characteristics necessary for the particular use for which the Buyer is buying it, which was known or should have been known to the Seller; (iii) the product does not have the characteristics and qualities which were expressly or tacitly agreed or prescribed; or (iv) the product does not correspond to the quality and description of the sample or model made available by the Seller to the Buyer before the conclusion of the contract, unless the sample or model was shown for information only.

7.6. The Seller shall not be liable for the defects referred to in (i) to (iii) of the preceding paragraph if they were known to the Buyer at the time of conclusion of the contract or could not have remained unknown to the Buyer. The Seller shall not be liable for immaterial defects in workmanship.

7.7. The Buyer, having notified the Seller of the defect in a timely and correct manner, shall have the right to: (i) require the Seller to remedy the defect or to provide another product without the defect; (ii) require the Seller to reduce the price proportionately; and (iii) withdraw from the contract.

7.8. The Buyer may only withdraw from the Contract if it has previously given the Seller a reasonable period for performance of the Contract.

7.9. The rights of the Buyer, who has notified the Seller of the defect in good time, shall expire after 1 (one) year from the date on which the Buyer sent the notice.

7.10. The Seller shall bear the costs of rectifying the defect and of delivering the replacement products free from defects.

8. EXCLUSION OF THE POSSIBILITY OF WITHDRAWING FROM A DISTANCE CONTRACT

8.1. A Buyer who is deemed to be a consumer under the ZVPot-1 and who has concluded a distance contract with the Seller, i.e. on the basis of an order placed via the Seller’s website, may not withdraw from the contract if the goods are made according to the precise instructions of the Consumer and are tailored to the Consumer’s personal needs.

9. PROCESSING AND PROTECTION OF PERSONAL DATA

9.1. The processing and protection of the Buyer’s personal data provided via the Seller’s website is governed by the Privacy Policy, which is available on the Seller’s website “levobelt.com”.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. In accordance with intellectual property legislation, all content (text, photographs, graphics, videos, trademarks) and design are the exclusive and full property of the Seller and are protected by intellectual property rights legislation. The use, copying, distribution, transmission, publication or reproduction of the content of the Seller’s website/domain without the express consent of the Seller and the copyright holder is strictly prohibited.

10.2. Any breach of these terms and conditions may result in infringement of copyright, trade mark rights or any other form of intellectual property rights and may lead to legal proceedings.

11. USE OF THE WEBSITE

11.1. The Seller provides the Online Trading Services via the website at the domain “levobelt.com”.

11.2. The Buyer expressly agrees to use the Website solely at his own risk.

11.3. The Seller reserves the right to modify or discontinue the use of the Website at any time, including, but not limited to, the content and the time of its availability.

12. ENFORCMENT OF CONSUMER RIGHTS

12.1. If the Buyer believes that any of its rights have been violated in the business relationship with the Seller or that the Seller has not acted in accordance with these General Terms and Conditions or the legal provisions governing consumer protection, the Buyer may lodge a written complaint with the Seller at the Seller’s registered office at LEVO BELT d.o.o., Cesta Cirila Kosmača 9, 1211 Ljubljana – Šmartno, Slovenia, or by e-mail to the Seller’s registered office at LEVO BELT d.o.o., Cesta Cirila Kosmača 9, 1211 Ljubljana – Šmartno, Slovenia, or by post to the Seller’s registered office at the email address info@levobelt.com.

13. DISCLAIMER

13.1. The Seller shall use its best endeavours to ensure that the information published on the website is up-to-date and correct. However, the characteristics of the products, the delivery date or the price may change so rapidly that the Seller is unable to correct the information on the website. In such a case, the Seller will inform the Buyer of the changes and give the Buyer the opportunity to withdraw from the contract or to exchange the product ordered.

13.2. The Seller is not responsible for the content of the reviews of the Products written by visitors to the website. The Seller shall review the reviews before publication and reject those that are manifestly untrue, inappropriate, misleading or offensive. The Seller is not responsible for the information contained in the reviews and disclaims any liability arising out of the information provided in the reviews.

13.3. The Seller shall only be entitled to withdraw from the Contract if a manifest error is found. A manifest defect shall be deemed to be a defect in the essential characteristics of the product and any mistake which, according to the custom of the trade or the intention of the parties, is considered to be decisive and which the Seller would not have acknowledged or concluded the contract if he had known of it. This includes obvious errors in price.

13.4. Seller is not a licensed healthcare provider. All content and media on the website is provided “as is” for general information only. It is not intended to be nor is to be construed as a substitute for professional advice, diagnosis or treatment from a licensed medical practitioner or other licensed health professional, and should not be relied on as health or personal advice. Any associated device is not a medical device and shall be used at your own risk. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical practitioner or other licensed health professional, or delay in seeking it because of something you have read on this website or any of its links. If you think you may have a medical emergency, go to the nearest hospital emergency department, or call the emergency services immediately. If you choose to rely on any information provided by the Seller, you do so solely at your own risk and all responsibility and liability for any loss or damage is expressly excluded to the maximum extent permitted by law. External (outbound) links to other websites or educational material, including any information or videos published by the Seller on the website, are followed at your own risk. Under no circumstances is the Seller responsible for the claims of third-party websites or educational providers. If you wish to seek clarification on the above matters, please don’t hesitate to get in touch with LEVO BELT via info@levobelt.com.

14. FINAL AND TRANSITIONAL PROVISIONS

14.1. The Law of the Republic of Slovenia shall apply to the relations and mutual rights and obligations of the Buyer and the Seller.

14.2. The Buyer and the Seller shall endeavour to resolve any disputes amicably. If an amicable settlement is not possible, the Courts of Ljubljana shall have exclusive jurisdiction, subject to the exclusive application of the Law of the Republic of Slovenia, to settle any dispute, controversy or claim, including any breach, termination or validity of the Contract.

14.3. The General Terms and Conditions are available on the Seller’s website and may be delivered to the Buyer directly and in writing to the Buyer’s email address at the Buyer’s request.

14.4. The Seller reserves the right to amend these General Terms and Conditions at any time, without any prior notice. Amendments to these General Terms and Conditions shall be published on the Seller’s website, together with the date of their entry into force.

14.5. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity and enforceability of the remaining provisions and the General Terms and Conditions as a whole.

14.6. These General Terms and Conditions are published on the Seller’s website and are valid from 11.11.2024 until amended or revoked.

  1. Consumer Protection Act (ZVPot-1; Official Gazette RS, No. 130/22, as amended and supplemented).
  2. Personal Data Protection Act (ZVOP-2; Official Gazette RS, No 163/22, as amended and supplemented).
  3. Electronic Communications Act (ZEKom-2; Official Gazette RS, No 130/22, as amended and supplemented).
  4. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; OJ L 119, 4.5.2016, p. 1-88).
  5. Code of Obligations (OZ; Official Gazette RS, No. 97/07, as amended and supplemented).