General conditions of sale governing the distance selling of Different products

Terms of use

General conditions of sale governing the distance selling of Different products

 

INTRODUCTION

Different manufactures and markets Different products directly and indirectly all over the world. A detailed description of Different products is available when looking at each product individually in the Online Store. The system set up in this way requires you to play an active role. It complies with the legal requirements with regard to distance selling and consumer protection. The distance selling process described in these General Conditions of Sale (hereinafter the “General Conditions of Sale”) is reserved solely for the use of consumers. The Products are therefore not meant to be resold.

1 – SCOPE OF APPLICATION

The General Conditions of Sale apply to all of your orders involving Different products that are sold through our Online Store. We ask you to read them carefully. You can access the General Conditions of Sale at any time at our website and keep an electronic or printed copy of them. The General Conditions of Sale remain in effect as long as they appear on our website. The validation of your order signifies unconditional acceptance of our General Conditions of Sale, the Legal Notice and the website’s Terms of Use.

2 – IDENTITY OF THE OFFERING PARTY

Different products are sold by the following company: Different – D.I.F.F. LLC, whose registered office is located at Solska ulica 10, 6000 Koper, Slovenia, European Union, and whose VAT registration number is SI27599612.

3 – ORDERS

You can choose the Different products that you wish to order, using the following procedures:

Orders

You can place any item in your shopping cart in segment of the site called “Add to cart” Before any final order, you will have the opportunity to check the details of your order and its total price, and to correct any potential errors, before confirming that order. When you place your order, we will ask you to fill out an order form, providing information, including your personal data, in certain mandatory fields so that we can receive your order. For any order that you place through our Online Store, a confirmation email will be sent to you with your order number and the details of the Different products you have ordered. All of the stages necessary for placing an order are described on our website.

Limitations

We reserve the right to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order.

4 – PRICE

The price of Different products is given in EUR, including sales tax, for all orders. All orders delivered outside of European Union may be subject to eventual taxes and customs duties, which the purchaser will be responsible for paying. We do not issue printed invoices. Only an electronic invoice will be available, in the “Check My Order” section. You will be able to keep an electronic or printed copy of that invoice. We can modify the prices listed in our Online Store at any time and without prior notice. However, such modified prices will only be applied to new orders, with the exception of orders that have already been placed.

5 – CONDITIONS OF PAYMENT

Your purchases will be paid for by credit card and PayPal only. We accept cards from the Visa and Eurocard/MasterCard only. Your credit card will be debited at the time of shipment of your order. For that purpose, you will guarantee that you are the holder of the credit card to be debited and that the name appearing on that card is in fact your own. You will then provide the 16-digit number and the expiry date that appear on the front of your bank card and, as applicable, the number of the visual cryptogram appearing on the back. In the case of payments through our Online Store and in order to fight against fraud on the Internet, an online check will be made with authorized banking institutions and agencies. That company will be responsible for the storage and automated processing of the information concerning each order, including the bank card information, within a secured environment. Should it be impossible to debit the sums owing for any reason whatsoever (objection, refusal by issuing center …), the online purchasing process will be cancelled.

6 – DELIVERIES

Your Different products will be delivered to the address that you provided when placing your order. Except for specific circumstances or the unavailability of one or more Different products, the Different products in the same order will be sent in one delivery. It is to be understood that no delivery can be made to hotels or post boxes. Delivery will be made to the address provided when the order was placed, after the payment of the order amount has been recorded. Your order will be delivered, via UPS Express or UPS Express Saver service in 2 to 7 business days, and it should be understood that one business day means every day of the week except for Saturday, Sunday and holidays. For all orders placed on Friday after 1:00 p.m., the delivery time will be counted as of the following Monday. Signature will be required upon delivery. If, at the time of delivery, the exterior appearance of the package is not perfect, we would ask you to open it in the presence of the shipper, in order to check the condition of the Different products that have been delivered. In the event of damage to the products, please provide a specific description on the purchase order. The rates for delivery are calculated based on shipping address.

7 – TRANSFER OF OWNERSHIP – PASSING OF RISK

The transfer of ownership of the Different products will only occur after full payment of their purchase price. On the other hand, the passing of risk will occur upon delivery, meaning the moment when the Different products are handed over at the delivery address that you have provided.

8 –RIGHT OF CANCELLATION – RETURN

We want you to be fully satisfied with your purchases. Therefore, if you are not satisfied with Different products, we offer you the possibility of returning them and being reimbursed, through exercising your right of cancellation. On the other hand, we do not make any exchanges. You legally have a period of seven clear days to exercise your right of cancellation without the need to justify your reasons or to pay any penalties. However, in order to provide you with further satisfaction, we have decided to extend this period to 14 clear days. The products have to be unopened, unused and in the same condition as when delivered. If the products are opened we will charge you a re-stocking fee in the amount of EUR 20. If the products are used or not in the same condition as when delivered we will not accept the return. This time period runs from your reception of the Different products. When the 14-day period expires on a Saturday, Sunday or legal holiday, it will be extended to the following working day. Before returning any order, you must first contact the Client Relations Department at email: shop@different-eye.comso it may provide you with a returns number, which you must indicate on the return package. You must return the products to us in their original packaging, complete and accompanied by a carefully filled out shipping order debit memo, to the following address:

Different – D.I.F.F. LLC

Returns Department

10, Solska ulica

6000 Koper

Slovenia, European Union

In order to facilitate your providing proof of this return, we advise you to return the Different products to us by registered delivery, or by any other means that provides the specific date of your delivery. The costs of the return will be reimbursed to you up to the amount of the delivery cost indicated on the invoice that was sent to you with the Different products. On the other hand, you will be solely responsible for any risk concerning the return. We will reimburse you for Different products that are returned at the invoiced price, according to their method of payment, within a maximum period of 10 days following the date on which you exercised your right of cancellation. You alone will have the authority to exercise this right of cancellation. This right can therefore not be exercised by the party that receives your order. No reimbursement will be provided for any Different products that are returned used, incomplete, ruined, damaged, deteriorated.

9 – LIABILITY – WARRANTY

You must ensure that the Different products that have been delivered to you correspond to your order. Should the Different products that have been delivered not coincide with your order, then you must inform the Client Relations Department of that fact by email and return the Product or Products in question, in accordance with the terms and conditions set out in the “Right of Cancellation” section. The performance of all or part of our obligations will be suspended in the event of an accident or force major event that prevents or delays their performance. The photographs, graphic images and descriptions of the products offered for sale are only indicative in nature, and are not binding upon us.

10 – CLAIMS – INFORMATION

For any information, claims or questions concerning the conditions of sale of our Online Store or the Different products themselves, you can contact the Client Relations Department at the following address, providing your order number as applicable:

Different – D.I.F.F. LLC

Returns Department

10, Solska ulica

6000 Koper

Slovenia, European Union

Email: shop@different-eye.com

 

11 – PROTECTION OF PRIVACY

We take every care to protect your private information. We have set up an electronic file that collects certain personal data concerning our clients, in accordance with the legislation on the protection of personal information. At the time you place your first order through our Online Store or with the Client Relations Department, that database will be enriched using information concerning you, which will first of all make it possible to fill your order and then to better meet your expectations and facilitate any assistance that is provided for you by the Client Relations Department. This information can be sent to Different and to its subsidiaries. The existence of this database has been disclosed in a declaration provided in accordance with the requirements of Law. You have an individual right, provided by law, to access, withdraw and correct the individual information of a personal nature that you have provided to us. You may exercise that right by writing to the Client Relations Department at the address given in the previous clause.

12 – INTELLECTUAL PROPERTY

The Different trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the Different products, their accessories or their packaging, whether they are registered or not, are and shall remain the exclusive property of Different. Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever is strictly prohibited. This also applies to any combination or use in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo. These provisions also apply to all copyrights, designs and models and patents reproduced on the website. The use of all or part of our Online Store, in particular by means of downloading, reproducing, transmitting or representation for purposes other than for personal and private use for a non-commercial purpose is prohibited.

13 – CHOICE OF LAW – LANGUAGE – DISPUTES

Our General Conditions of Sale are governed by and subject to Slovenian law. They have been drafted in Slovenian. In the event that they are translated into one or more other languages, only the Slovenian text shall be binding in the event of a dispute. Any disputes which may arise under our General Conditions of Sale concerning either their validity, interpretation, performance, termination and various consequences will be brought before the Slovenian courts for adjudication.

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