Terms of Sale

When purchasing Products on the www.evelinasclay.com online store (herein after: the “Platform”) as a Consumer from the European Union (hereinafter: the “EU”), this distance contract (hereinafter: “Terms of Sale” or “Terms”) shall apply, whereby the following legal entity shall be deemed as the seller of goods and the provider of the Platform:

MATIC HOČEVAR, S.P.
Weingerlova ulica 7
4208 Šenčur, Slovenia, EU
Company Registration No.: 8870608000

(hereinafter: “Evelina's clay,” “Seller,” “we,” “us,” or “our”)

Consumers from the United Kingdom should also note that The United Kingdom ceased being a EU Member State after its withdrawal from the EU on the 31st of January 2020. Since these Terms of Sale confer consumer rights to EU citizens as they are set out in EU and member state national law, certain Consumer Protection Legislation may no longer apply to Consumers based in the United Kingdom. Deliveries to the United Kingdom may also be subject to additional import charges and Value Added Tax (VAT) which may be unforeseeable at the time of the drafting of this document. United Kingdom based Consumers are therefore asked to consult their national consumer protection agencies and reach out to Evelina's clay at evelinasclay@gmail.com prior to placing an order on the Platform, should they have any enquiries about their rights or potential unforeseeable costs with regards to these Terms of Sale.

Please read these Terms of Sale carefully before ordering Products online on the Platform and check that the details of your order are complete and accurate before submitting your order. 

Any mistakes or issues can be reported to us at evelinasclay@gmail.com.

Your use of the Platform is also governed by Evelina's clay Privacy Policy  which is incorporated herein by this reference. 

 MEANS OF DISTANCE COMMUNICATION 

Please do not hesitate to contact us at evelinasclay@gmail.com or via our social media for any purchase related reason or any other reason, including because you wish to lodge a complaint.

If we have to contact you or give you a notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

 APPLICABILITY, ACCES AND UPDATES TO THESE TERMS OF SALE

These Terms of Sale are available to you on the following link: https://evelinasclay.com/pages/terms-of-sale

Please note that before placing an order and making a payment you will be asked to agree to these Terms of Sale. 

These Terms of Sale represent a legally binding agreement between you and Evelina's clay which you enter into when you place an order and make a payment for a good that is being sold on the Platform (hereinafter: “Product”).

If you refuse to accept these Terms of Sale, you will not be able to order any Products from our Platform or make any payments related thereto.

We may revise these Terms of Sale at any time by amending this page. Please review this page from time to time to take notice of any changes we have made, as the Terms of Sale posted on the Platform at the time you place your order will govern that particular purchase on the Platform and shall be binding on you.

In case of any discrepancy or inconsistency between these Terms of Sale and any other information you may find on the Platform, the terms and conditions set out in these Terms of Sale shall prevail.

We may also update other parts of our Platform from time to time and may change its contents at any time. We also reserve the right to restrict access to parts of our Platform or indeed the whole Platform, at our discretion. 

 OBTAINING A COPY ON A DURABLE MEDIUM 

You may request that a copy of these Terms of Sale or the Terms of Sale which were applicable at the time you purchased a Product on the Platform be delivered to you by us on a durable medium. Please direct such requests to evelinasclay@gmail.com.

 REGISTERING AN ACCOUNT ON THE PLATFORM

You may place orders on the Platform as an anonymous visitor or a registered user of the Platform. Each visitor can register a new user account by clicking on the "Register new account" button on the relevant subpage, enter the required information and click on the "Register" button. Afterwards, he may click on the link that was sent in the confirmation email in order to activate the account. In order for the registration to be valid, a visitor seeking registration must read and agree to these Terms of Sale, whereby each visitor shall confirm that he has read said terms by clicking the "Register a new account" button.

Each registered user shall warrant to Evelina's clay, that all of the information which he had provided in connection with the registration of his user account is accurate, true and correct, and that he will not use the Platform in violation of these Terms of Sale. Evelina's clay shall not be held liable in connection with the misuse of the Platform and any applicable data, insofar as such misuse is the sole result of an error or security deficiency on the part of the user.

If a visitor provides inaccurate, untrue and incorrect information to Evelina's clay upon registration of a user account, or if Evelina's clay has reasonable grounds to believe that the information is inaccurate, untrue or incorrect, Evelina's clay shall have the right to terminate all registered user accounts of such user.

If a registered user would like to change his data later, he can do so by entering the corrections himself on the relevant subpage of the user account. Evelina's clay may also be contacted regarding the above-mentioned via e-mail at evelinasclay@gmail.com.

Each user is solely responsible for all activities on and in connection with their user account and is obliged to protect their username and password from unauthorized use. In case of unjustified use of the user account and / or password, or on suspicion that someone has committed a crime by using a user account or otherwise caused damage to Evelina's clayt or a third party, the registered user is obliged to immediately notify the company via evelinasclay@gmail.com. 

The competent court may also order Evelina's clay that it stop or prevent a violation which has committed or is being committed by a registered user on the Platform, or to remove or deny the placing of illegal content or help the authorities in detecting and preventing criminal offenses, in the protection of classified information and business secrecy. Such a proposal may also be submitted to the court in the public interest by the competent administrative bodies in accordance with applicable national legislation, and Evelina's clay will in all such cases, if this is not inconsistent with such order or the applicable national regulations, notify the relevant registered user of this via e-mail.

PLACING AND MENDING ORDERS ON THE PLATFORM 

Eligibility to place orders

To place an order on the Platform, you represent and warrant to Evelina's clay that you are:

- a natural person who is acting for purposes which are outside of his trade, business, craft or profession (hereinafter: “Consumer”), and

- that you are at least 18 years of age (or have reached the appropriate age with regards to your country-specific legislation) and thereby have the capacity to enter into the distance contract with Evelina's clay under these Terms of Sale, and 

- you are not purchasing the Products for resale purposes (i.e. you do not intend to resale the Products to other businesses, consumers, or third parties).

If either condition is not met, we reserve the right to restrict sales to you.

How to place an order

By visiting our Platform and enabling functional cookies, the available Products we have on sale shall be displayed to you.

You can scroll through the Platform and click on Product images to get more information on each Product.

You can add the desired amount of each Product into your cart by selecting a Product or a bundle of Products and clicking the “Add to cart” button in order to proceed to the check-out page.

On the check-out page you are required to enter your delivery information and choose the desired payment method. 

You also get a chance to review all of the Products in your cart as well as their prices, the cost of shipping, the amount you are missing for free shipping, see the total price that you shall be required to pay us and have the option to add more Products or offers to your cart.

You can then place the order by pressing the “Place order” button.

Our acceptance of the order takes place when the Products are shipped to you, whereby we will send you an email confirming that your Products have been shipped (hereinafter: “Order Confirmation”). 

At this point you enter into a distance contract with Evelina's clayunder these Terms of Sale (hereinafter: the “Contract”), whereby you may want to print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.  

If we are unable to supply a Product to you, we will inform you of this in writing and we will not confirm and process the order.

Failed delivery of your Order Confirmation

If you have not received an Order Confirmation email from us and a considerable amount of time (i.e. longer than 45 minutes) have passed since you placed your order, please try:

- checking your junk mail / promotions mail tab as your email software may be marking our emails as junk mail. To stop this from happening, please add evelinasclay@gmail.com to your contacts / email address book); or try

- contacting us at evelinasclay@gmail.com and describing the situation to our support staff.

How to mend an error in an unplaced order

The Platform will guide you through the steps you need to take to place an order and make payment to us. 

Should you desire to mend an error with regards to the contents of your cart, you can always remove a particular Product from the cart by reducing its amount to 0 or by pressing the “-“ button next to  the relevant field. 

You can also change any data you have entered in the check-out page or return to the previous part of the check-out process by pressing the “Back” button of your web-browser or by clicking on the company logo or menu in the upper part of the Platform.

How to mend an error in an order you have already placed

You may mend any order provided it has not yet been shipped for delivery. We begin processing orders placed on our Platform almost immediately.

Should you recognize an error in an order you have already placed, you should contact us at evelinasclay@gmail.com as soon as possible. If the order hasn’t left our warehouse yet we may still mend your order.

If you wish to cancel your order, please see the Cancelling your order prior to delivery section of these Terms of Sale.

Our right to reject your order or cancel the Contract

Despite our constant efforts to ensure that accurate quantities of all offered Products are listed on the Platform, our fulfilment of all orders on the Platform is subject to Product availability and stock.  We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • you are under 18, or under an older age if an older age is permitted under applicable law to enter into an agreement with Evelina's clay;
  • we have adequate reason to believe that you are buying the Products for resale purposes (i.e. high volume orders, repeat orders, etc.);
  • there was an obvious error in the price displayed on the Platform; or
  • we could not guarantee delivery to the address that you provided;
  • your billing information is not correct or not verifiable;
  • the Product is not available / in stock;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • due to an Event outside our control (see below).

 PAYMENT

Payment methods

You can find the payment methods that are available to you on the check-out page. 

 We do not accept any methods of payment other than those  available to you on the check-out page and we may not be held liable for any loss of payment or any other damages that may result from payments that are not made through the available methods and through the subsequent payment related input fields.

Payment processing

The time at which you'll be charged for your order will depend on the payment method you selected at checkout. Payments can only be processed if the billing information can be verified.  

If you pay by credit / debit card, we shall try to deduct the amount due from your account as soon as you submit your order.  

In the event that no payment has been received by us at the time you place the order, no Order Confirmation shall be generated and sent to your email and your order shall be deemed as cancelled.

Please note, that we retain full legal title in any and all Products until we have received full payment.

PRICES AND CURRENCY

Products prices on the Platform do not include Value Added Tax (VAT), whereby no additional VAT shall be charged to your order. All prices are quoted in the Euro (EUR) currency. 

Please note that changing the country of delivery may have an influence on the price due to a change in currency or due to country specific pricing. 

Costs of delivery

The cost of shipping the Products to your location (hereinafter: the “Costs of delivery”) are applied per order and are displayed on the check-out page and on the invoice. The Costs of delivery depend on the country where your order is being delivered to, whereby the following costs apply:

  • for orders shipped to Slovenia : 2 EUR (FREE above 70 EUR)
  • for orders shipped to EU : 7 EUR (FREE above 100 EUR)
  • for orders shipped to the United States of America & Canada: 10 EUR (FREE above 120 EUR)
  • for orders shipped to United Kingdom : 7 EUR (FREE above 100 EUR)
  • for orderes shipped to Australia and New Zealand : 10 EUR (FREE above 120 EUR)

If the combined value of the Products in your cart meet or exceed the free delivery (also “free shipping”) threshold that is displayed on the check-out page, you will not be charged for the standard delivery of the Products in your order.

Your total price

The total price is specified on the check-out page and includes the Costs of delivery. It is also recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

 PRICE CHANGES

The prices of the Products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order for which you received our Order Confirmation.

FAILED DELIVERY

If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the order has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. 

You may try reviewing the location of your order through the supplied tracking code or reviewing your email inbox for any delivery status messages from our carrier.

If you have further issues, please contact us at evelinasclay@gmail.com.

 EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks (including without limitation power failures, mobile network failures and Internet disturbances). This would also include suspension of our services and/or the Platform resulting from maintenance and upgrades to our systems or the systems of any party used to provide our services and/or the Platform, outages on any internet network or in the case of mobile networks where you are not in an area of mobile coverage.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the distance contract if an Event Outside Our Control takes place and you no longer wish that we provide the Products, whereby the procedure for withdrawal from the contract should be used mutatis mutandis.

 GENERAL TERMS

We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country. 

Breaching these Terms of Sale in a material and damaging way may make us take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing our other sites, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to our Platform and/or bringing court proceedings against you. 

Where necessary we will report any breach of these Terms of Sale to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity and/or your personal information to them. 

Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

Evelina' clay does not manage and is not responsible for the information provided to it by third parties and that is accessible to the visitor through the Platform. 

 COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

The Products, associated software and content of the Platform, including all texts, graphics, logos, buttons, images, audio recordings and computer programs, are the exclusive property of Evelina's clay. 

All databases (including their selection, organization and composition) that can be accessed on this Platform are also protected by copyrights. 

Any unauthorized reproduction, modification, distribution, transmission, republication, display, or execution of the software or the content on the Platform is strictly prohibited.

PERMITTED USE

This Platform may not be used for any purposes other than for the following private and non-commercial purposes: (i) viewing the Platform; (ii) interacting with the buttons, contact forms and other aspects of the Platform in order to carry out a purchase, (iii) sharing and posting a link to the Platform. 

The use of automated systems or software to extract data from the Platform for commercial purposes (“screen scraping”) is strictly prohibited. 

 

Applicable since / Date of the Last Revision:    1.11.2021