Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. General
The general terms and conditions of the Niansa online store, outlined below, apply to the conclusion of distance sales agreements via the website of Niansa, Nina Zidanič, s.p.
COMPANY INFORMATION
NAME: Niansa, Unique Design, Nina Zidanič, s.p.
ADDRESS: Žaucerjeva 13, 1000 Ljubljana
VAT ID: 87622050
Company Registration Number: 7124716000
The general terms and conditions are prepared in accordance with applicable Slovenian legislation and the Consumer Protection Act (ZVPot). The online store at www.niansa.si (hereinafter referred to as the “online store”) enables the purchase of locally handmade products. The general terms are publicly posted and are always accessible on all pages of the online store. The provider explicitly warns the customer of the terms and requires agreement before purchase. If the customer does not agree, the purchase cannot be completed. The provider reserves the right to change the terms at any time without prior notice. The changes become effective on the day of publication and are binding for all users.
2. Ordering Goods and Services
The supplier (seller or provider) is Niansa. The buyer of goods or the user is a visitor of the online store who selects at least one item, adds it to the cart, and pays by pro forma invoice.
Through the online store www.niansa.net, the customer can purchase all items listed on the seller’s website that are in stock.
Ordering is possible 24/7 via an electronic form.
3. Purchase Procedure
After submitting the order, the customer receives an email notification that the order has been accepted.
The order is then processed – the provider reviews the order, checks the availability of the ordered items, and either confirms the order or rejects it with justification. The provider keeps the customer informed via email about all relevant details concerning the delivery. If the delivery period is longer than 10 working days and the customer does not wish to wait, they may cancel the order by notifying the provider via email. In such case, any already paid amount will be refunded.
If the order is placed by post, the procedure is described in section 7 (Delivery).
Once the customer receives the product, the transaction between the customer and the seller is considered completed until the next order.
4. Prices, Special Offers, Free Gifts
All prices are in euros (EUR) and do not include delivery or shipping costs. The prices and discounts valid at the time of placing the order apply. The validity periods of promotional prices are indicated in the online store. Promotional prices or special discounts valid at the time of purchase are automatically applied when the order is submitted and do not need to be claimed separately. If a promotional price or discount is not applied during the final billing due to any reason, the user must notify the provider in advance and request a correction of the invoice or a pricing error. If the customer pays the final billed amount without a specific discount or promotional price, it is considered that the customer has tacitly accepted the final price and has no right to subsequently dispute it. Nevertheless, the provider may, at its sole discretion, decide to refund the price difference or issue a credit note for future purchases in the online store. We reserve the right to change product prices in the online store daily without prior notice.
5. Payment Methods
The ordered goods and services can be paid for in several ways, depending on the product.
The available payment methods are indicated in the product description.
6. Sales Contract
The provider issues a written invoice to the user who purchases a product from the online store. The sales contract is concluded in the Slovenian language.
7. Delivery
Delivery Conditions
If the products are available for immediate delivery, the customer will receive the ordered product at their home address within 7 working days from the date of payment.
If the product is not available, the seller will inform the customer via email about the possible delivery date. The customer can then accept the new delivery date or cancel the order via email. If the customer decides to cancel the order, the seller will refund the payment within 30 days from the moment the delay occurred.
Other Delivery Conditions
Products are packaged to prevent damage during normal transport handling.
Questions and Suggestions
If you have any questions, send them to our email address: nina@niansa.net
8. Right of Withdrawal and Product Returns
The terms of withdrawal from the contract are governed by these general terms and the applicable legal provisions. Article 43 of the Consumer Protection Act applies, stating: "In contracts concluded at a distance, the consumer has the right to inform the company within fourteen days that they are withdrawing from the contract, without having to state a reason for their decision."
The user (buyer) has the right to notify the provider via email to nina@niansa.net of their withdrawal from the purchase contract immediately or no later than fourteen (14) days after receiving the ordered products, without needing to provide a reason. Returning the purchased products to the provider within the withdrawal period counts as a notice of withdrawal. The only cost incurred by the user (buyer) due to withdrawal is the return shipping cost. Products must be returned to the provider (seller) at the following address: Niansa, Nina Zidanič s.p., Žaucerjeva 13, 1000 Ljubljana. The provider will refund the payment immediately or within 14 days of receiving the withdrawal notice and the returned goods. The company will refund the payment using the same payment method the buyer used, unless the buyer explicitly requests a different method. If the consumer has already received the goods and withdraws from the contract, they must return the goods undamaged and in the original quantity within 14 days of submitting the withdrawal notice.
The provider is not obligated to accept the returned goods (and thus the withdrawal from the contract and refund) if the return is not in accordance with Article 53č or 53b of the Consumer Protection Act and the goods or their packaging are damaged or the quantity is reduced. The products must be unused, undamaged, and in their original, undamaged, and unlabelled packaging, along with a copy of the original invoice.
Right of withdrawal under Article 43 of the Consumer Protection Act:
43 Article
(1) For contracts concluded at a distance, this law applies to contracts for the supply of goods or services, including financial services, concluded between a company and a consumer based on an organized program for offering goods or services at a distance, where the company exclusively uses one or more means of distance communication up to and including the moment the contract is concluded.
(2) Means of distance communication are those communication methods that allow the conclusion of a contract without the simultaneous physical presence of the contracting parties.
(3) Means of distance communication include: mail and other printed materials, catalogues, telephone calls, press advertisements with an order form, TV sales, fax machines, email, and the World Wide Web or Internet.
43a Article
(1) The provisions of this law on contracts concluded at a distance do not apply to:
1. contracts for the construction and sale of real estate or other rights to real estate, except for rental agreements;
2. timeshare agreements governed by Articles 59 to 60e of this law;
3. contracts for the sale of food, beverages, or other goods intended for everyday consumption delivered to the consumer’s home, residence, or workplace by sellers;
4. contracts for accommodation, transport, catering services, food and beverage delivery, event attendance, and leisure services where the company commits to fulfilling its obligation at a specific time or within a specific period;
5. contracts concluded:
– via vending machines;
– with telecommunications operators using public telephone booths;
– at public auctions.
(2) For contracts involving financial services that consist of an initial agreement followed by successive transactions or a series of separate transactions of the same type, the provisions of this law apply only to the initial agreement. If there is no initial agreement but successive or separate transactions of the same type are carried out within a certain period between the same parties, Articles 43b and 43c apply only to the first transaction. If such transactions are not performed for more than a year, the next transaction shall be considered the first in a new series.
43b Article
Article 43.b
(1) For distance contracts, the consumer must receive, in a time appropriate to the means of communication and no later than before the contract or offer becomes binding, the following information:
1. The company name and registered office;
2. The essential characteristics of the goods or services, including the minimum duration of the contract if it involves continuous or repeated performance;
3. The price of the goods or services, including all taxes and charges;
4. Any delivery costs;
5. Detailed arrangements for payment, and the method and timing of delivery or performance;
6. A description of the right of withdrawal in accordance with Article 43.č of this Act; in cases where the consumer does not have this right under Article 43.č, they must be explicitly informed;
7. Costs related to the use of the means of communication, if these differ from the basic rate usually charged to the consumer;
8. The validity period of the offer, especially the price.
(2) In the case of contracts concluded as part of information society services, the following information must be provided to the consumer before the contract is concluded, in addition to the data from the previous paragraph and paragraph three of Article 2:
1. A precise description of the technical steps leading to the conclusion of the contract;
2. Indication of whether the concluded contract will be stored by the company and how the consumer will have access to it;
3. Indication of the technological means enabling the identification and correction of input errors before placing the order;
4. The languages in which the contract may be concluded.
(3) In any case, unless the contract is concluded exclusively through the exchange of e-mails or comparable individual messages, the company is obliged to confirm the order immediately after receipt in electronic form and provide the contractual terms in a form that enables storage and later use.
(4) The information under this article, with its commercial purpose clearly expressed, must be presented clearly and unambiguously in a manner appropriate to the means of distance communication, taking into account the principles of good faith, fairness, and the protection of individuals who are not legally competent under the law of Member States.
(5) In the case of financial services contracts, the consumer must also receive the following, in addition to the data from paragraph one:
1. A description of the main features of the financial service;
2. The company's principal business activity and all relevant business addresses between the consumer and provider;
3. The identity and address of any company representative in the Member State where the consumer resides, as well as the identity, address, and role of any third party professionally involved in the transaction who is not the provider;
4. If the company is entered in a court or other public register, the name of the register and the registration number or equivalent identifier;
5. If the company's activity requires a special license, information on the relevant supervisory authority;
6. The total price payable by the consumer for the financial service, including all commissions, fees, and expenses, as well as any taxes the company withholds, or, if the exact amount cannot be specified, the basis for its calculation;
7. Where appropriate, a clear warning that the financial service involves instruments with specific risks due to their nature or implementation, or whose prices are subject to market fluctuations beyond the provider's control, and that past returns are not indicative of future performance;
8. A warning regarding the possibility of additional taxes and/or costs not collected or charged by the provider;
9. Information on any amount the consumer must pay in the event of withdrawal in accordance with Article 43.d(5);
10. Information on whether an out-of-court complaint mechanism is available and the conditions for accessing it;
11. A contractual clause regarding the applicable law for the distance contract.
Article 43.c
(1) The company must provide the consumer, on a suitable durable medium and in a timely manner, with the information from the previous article of this Act, but no later than at the time of delivery of the goods or the start of the service, unless this has already been done earlier in such a form.
(2) Within the period referred to in the previous paragraph, the company must also provide:
1. A written notice of the right of withdrawal from the contract under Article 43.č of this Act and the manner and conditions for exercising this right, or a written notice that the consumer does not have this right in the cases referred to in paragraph five of Article 43.č;
2. The address to which the consumer can send complaints, comments, claims, and statements;
3. Information about the customer service and applicable warranty conditions;
4. Conditions for terminating the contract in contracts concluded for an indefinite period or longer than one year.
(3) In the case of a financial services contract, the consumer must be provided with the information from the previous article and all contractual terms on a suitable durable medium before being bound by the contract or offer. Exceptionally, the company may fulfill its obligation immediately after the conclusion of the contract if it was concluded at the consumer's request using a means of communication that does not allow the provision of information and terms in the specified format beforehand.
(4) The consumer may request a paper version of the contract terms at any time during the contractual relationship. The consumer also has the right to change the means of distance communication, unless this is incompatible with the nature of the contract or type of financial service.
(5) Paragraphs one and two do not apply to services performed directly via a means of distance communication, if it is a one-time service billed by the operator of the communication method. In this case, the consumer still has the right to be provided with the exact address for submitting complaints.
(6) A suitable durable medium is one that enables the consumer to store the data addressed to them in a way that is accessible for future use for a period appropriate to the purpose and that allows unchanged reproduction. A written notice is particularly considered appropriate.
Article 43.č
(1) In distance contracts, the consumer has the right to notify the company within fifteen days that they are withdrawing from the contract, without having to provide a reason. For life insurance and personal pension insurance contracts concluded at a distance, this period is 30 days. The notice is considered timely if it is sent within the specified period.
(2) If the company has fully complied with its obligation under Article 43.c of this Act, the withdrawal period for goods begins on the day the consumer received the goods, and for services on the day the contract was concluded or the day the obligation was fulfilled if after the contract was concluded.
(3) If the company fulfills its obligation under Article 43.c after delivering the goods, the fifteen-day withdrawal period starts the day after this obligation is fulfilled, provided the three-month period under the next paragraph has not already expired.
(4) If the company has not fully complied with its obligation under Article 43.c of this Act, the withdrawal period lasts three months. This period begins on the day the consumer received the goods or the day the contract was concluded. After this period, the consumer no longer has the right to withdraw.
(5) Unless otherwise agreed, the consumer does not have the right to withdraw from the contract as referred to in paragraph one of this Article:
1. for contracts where the subject is goods or services whose price depends on fluctuations in financial markets beyond the company's control and which may occur during the withdrawal period, such as contracts for services related to foreign exchange, money market instruments, transferable securities, units in collective investment undertakings, financial futures contracts (including cash-settled equivalents), interest rate futures, interest rate and currency swaps, equity swaps or index-based swaps, and options to buy or sell any such instruments, including cash-settled equivalents;
2. for contracts involving goods made according to the consumer's specific instructions, customized to their personal needs, which by their nature are not suitable for return, are perishable or have expired;
3. for contracts concerning the supply of audio or video recordings or computer software if the consumer has broken the security seal;
4. for contracts involving the supply of newspapers, magazines, and periodicals;
5. for contracts related to gambling and lottery services;
6. for travel and baggage insurance contracts or similar short-term insurance policies valid for less than one month.
(6) The only cost borne by the consumer in connection with withdrawal from the contract is the direct cost of returning the goods, except as specified in paragraph five of the next article.
Article 43.d
(1) If the consumer has withdrawn from the contract under the previous article, the company must refund all payments made.
(2) The refund must be issued as soon as possible and no later than fifteen days after receiving the withdrawal notice. If the company delays the refund, it must also pay statutory interest and an additional ten percent of the received amount for each completed thirty days of delay.
(3) If the consumer has already received the goods and withdraws from the contract, they must return the goods undamaged and in unchanged quantity within fifteen days of the notice under Article 43.č(1), unless the goods were destroyed, spoiled, lost, or reduced in quantity without the consumer's fault.
(4) The return of the received goods within the withdrawal period is considered as a notice of withdrawal.
(5) If the consumer withdraws from a financial services contract, the company may request payment for services actually provided. Fulfillment may begin only with the consumer’s consent. The payment must be proportional to the service already performed in relation to the total contract and must not represent a contractual penalty. The company may request payment only if it proves that the consumer was properly informed in accordance with point 9 of Article 43.b(5).
Article 43.e
(1) The company must fulfill its obligations under the contract within thirty days of its conclusion, unless otherwise agreed by the parties.
(2) If the company cannot fulfill its obligation because the goods are unavailable or the service cannot be performed, it must immediately notify the consumer and refund all payments made. The refund is governed by Article 43.d(2).
Article 43.f
If the consumer's payment or credit card is misused in connection with a distance contract, the consumer has the right to cancel the payment at the company responsible for processing the transaction if the transaction has not yet been completed. If the transaction has already been executed, the consumer may request a refund from the company that received the payment.
Article 43.g
The burden of proof regarding the company’s compliance with its obligations to inform the consumer and obtain their consent for the conclusion and fulfillment of the contract lies with the company.
9. Returns and Complaints
The provider is responsible for any material defects of products purchased in the online store and guarantees complaints processing in accordance with applicable Slovenian legislation.
The buyer may file a complaint if the product lacks the features explicitly promised, if the wrong products or quantities were delivered, or if the product otherwise deviates from the order. Complaints can be submitted via email to: nina@niansa.net, and a copy of the original invoice must be enclosed with the returned goods. The provider will confirm receipt of the complaint within 5 working days and inform the customer of the procedure for its resolution. All complaints will be handled in accordance with the Consumer Protection Act.
10. Liability
Niansa, Nina Zidanič s.p. is not liable for any complications or issues arising from the incorrect use of goods/services. The customer uses the products at their own risk.
Communication is conducted via the website www.niansa.net, by email at nina@niansa.net, and through social media linked to the website (Facebook page, Instagram).
11. Data Protection
Information provided by the user via the shopping cart, contact forms on the online store, or by other means (email, telephone, etc.) is confidential and will be handled in accordance with applicable Slovenian legislation. The provider will protect this data and prevent its misuse. Personal data will only be used for the purposes for which the user has given consent. The user is also responsible for protecting their own personal data by securing their email inbox, protecting their computer and mobile device from viruses and malware with appropriate software, and safeguarding their username and password in case of registration.
By registering on the website Niansa.net, users automatically agree to receive Niansa newsletters. These newsletters inform users about updates, promotions, and other marketing activities. Users may unsubscribe from newsletters at any time by clicking the "unsubscribe" link at the bottom of the email or by sending an unsubscribe message to: nina@niansa.net
12. Consumer Rights Regarding Personal Data
Your rights in connection with personal data include:
• the right of access.
• the right to rectification, correction, blocking, deletion, and restriction of processing.
• the right to withdraw consent for the processing of personal data without affecting the lawfulness of processing based on consent before its withdrawal.
These rights can be exercised by sending a written request to: nina@niansa.net to request access, amendment, correction, blocking, or deletion of personal data.
13. Controller of Personal Data
The controller of the personal data provided by the consumer (buyer) is Niansa, Nina Zidanič s.p., who processes the data in accordance with its legal obligations.
Controller details:
Name: Niansa, Nina Zidanič s.p.
Address: Žaucerjeva 13
Postal code and city: 1000 Ljubljana
Company registration number: 7124716000
Website: www.niansa.net
Email: nina@niansa.net
Niansa s.p. may process personal data it obtains from you, especially when:
• you use our website,
• you use our services, particularly when registering and using the website as a registered user,
• you contact us,
• you participate in our prize draws,
• you take part in our promotions,
• you make purchases in our online store.
Niansa, Nina Zidanič s.p. collects only data that is voluntarily provided by visitors and does not require users to provide data as a condition for purchasing or browsing its website.
14. User Reviews and Product Ratings
Opinions, comments, and product ratings provided by users or visitors are part of the online store functionality and are intended for the user community.
The provider (merchant) is not responsible for the content of opinions, comments, and ratings provided by users or visitors and disclaims all responsibility arising from such information.
The provider has the right to review opinions, comments, and ratings before publication and may choose not to publish content that is evidently false, misleading, offensive, or, in the provider’s opinion, not beneficial to other users or visitors. The provider reserves the right to use such content without time limitation for promotional purposes, including publication in ads or marketing communications.
15. Disclaimer
The provider accepts no responsibility for any consequences arising from the use of the online store or its content. While striving to provide the most accurate and up-to-date information, errors regarding prices, delivery times, product descriptions, etc., may occur. The provider assumes no liability for such mistakes. The provider adheres to conscientious and fair business practices and expects the customer to review the final invoice before payment and report any discrepancies in advance. By paying the invoice, the customer acknowledges the correctness of the final calculation and the ordered goods. Product images are symbolic and may not reflect the actual product.
16. Complaints, Disputes, and Applicable Law
The provider complies with the relevant consumer protection regulations and has an established complaint handling system. In case of any issues, users (buyers) can submit a complaint to: nina@niansa.net. The merchant will do its best to resolve any disputes amicably. If an amicable solution cannot be reached, the court of competent jurisdiction in Ljubljana shall have exclusive jurisdiction over all disputes between the provider and the user (buyer).
These General Terms and Conditions and all disputes between the provider and the user (buyer) shall be governed by and interpreted in accordance with Slovenian substantive and procedural law.
Online dispute resolution in accordance with Article 14(1) of the Regulation on Online Dispute Resolution for Consumer Disputes:
In accordance with Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, a platform is available for resolving disputes out of court concerning contractual obligations resulting from online sales or service contracts between consumers residing in the EU and traders established in the EU. The European Commission has developed the online dispute resolution (ODR) platform as a central access point for resolving such disputes.
The European Commission’s ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL.
The provider may change or update these General Terms and Conditions in the event of changes to legislation affecting online business, data protection, or the provider’s business policy. Users will be notified of such changes appropriately, especially via the website www.niansa.net.
17. Privacy Policy Changes
Niansa, Nina Zidanič s.p. reserves the right to update the Privacy Policy occasionally based on changes to services, user feedback, and changes in legal regulations. The date of the latest update will be indicated at the end of the Privacy Policy.
The provider encourages users to regularly review the policy to stay informed about how their privacy is protected.
18. Additional Information
For additional information regarding the processing of personal data or suggestions for improvement, please contact us at nina@niansa.net.
This Privacy Policy applies until revoked or amended.
We wish you a pleasant shopping experience in the Niansa online store.
