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Terms & Conditions

The general terms and conditions of the KAIKOCARE.COM online store are composed in accordance with the Consumer Protection Act (ZVPot), the General Data Protection Regulation (EU GDPR), the Personal Data Protection Act (ZVOP-1), the Electronic Communications Act (ZEKom-1) as well as international e-commerce code of conduct and determine the terms of purchasing products through the website.

The KAIKOCARE.COM online store is managed by the company KAIAN d.o.o., Volfova ulica 16, Srednje Jarše, 1230 Domžale, Slovenia, registration number 5699142000, tax number 96264004, VAT ID SI96264004 – subject to VAT (hereinafter: Provider).

The general terms and conditions are governed by laws and regulations based on the legal order of the Republic of Slovenia. The District Court in Ljubljana will settle all disputes arising from the general terms and conditions.

The general terms and conditions deal with the operation of the online store, the rights and obligations of the User (User is every natural person who uses the website) and the business relationship between the Provider and the Buyer (Buyer is every natural person who makes a purchase through the online store). The buyer is bound by the general conditions that are in force when the online order is placed.

By purchasing in the online store, the User becomes a Buyer. When Buyer enters personal data he confirms and guarantees that he is of age and financially competent person.

Confirmation of the general terms and conditions upon placing the order through the KAIKOCARE.COM website represents a binding contract between the Buyer and the Provider.

The Provider runs the online store in accordance with the general terms and conditions.

The online store is open every day of the week, 24 hours a day. From time to time access or operation of the online store may be limited or inaccessible due to various technical reasons. The Provider therefore reserves the right to restrict or completely stop access to the online store for a definite or indefinite period. The Provider does not take responsibility for the nonfunctioning of the store due to improper use, nor for the consequences of the online store misuse.

 

1. Registration and purchase procedure

User registration is not required. This means that the User can browse the products even if they are not registered. However, in order to place an order the User needs to be registered. This includes entering personal data (name, surname, address, e-mail address, phone number), delivery selection (mail delivery) and selected method of payment (cash on delivery, payment cards), which are necessary for the successful processing of the order and delivery of products.

The Buyer begins the purchase process by selecting one of the offered products in the online store, the desired quantity, and then confirms his selection by clicking the “Add to basket” button. One product is enough to make a purchase. The procedure is repeated for each product in case the Buyer is buying multiple items. After the products have been selected and assuming the Buyer agrees with the contents of the cart, he continues with the “Checkout” button.

In the next step, the Buyer enters personal data for the purpose of successful delivery of the order. Before completing the order, the Buyer must choose between different payment methods. The final value of the order is recalculated for the Buyer before the completion of the purchase depending on his choice of payment method. The Buyer completes the order by clicking on the “Complete purchase” button.

After the purchase is completed, the Buyer will see a confirmation message on the website which will state that the order has been successfully placed, together with all the details from the placed order. The Buyer will also receive a confirmation e-mail containing information about the order and instructions for withdrawal from the purchase or for filling a reclamation claim.

The purchase contract between the Provider and the Buyer is concluded when the Buyer confirms the order. From this moment on, all prices and other conditions are fixed and apply to both the Provider and the Buyer. By confirming the order, the Buyer has unequivocally and irrevocably confirmed that he has read the general terms and conditions in full and that he fully understands them and is agreeing to them. The same applies to the protection of personal data, legal notice and cookies.

The Buyer who buys a product from the online store receives an invoice from the Provider, where individual costs are stated, as well as an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The Buyer receives the invoice to his email address.

2. Prices

All prices on the KAIKOCARE.COM website are stated in EUR (euros) and include 22% value added tax (VAT) unless explicitly stated otherwise. All prices only state product prices and do not include any shipping costs.

Prices are valid at the time of placing the order and do not have a predetermined validity, they are only valid until any changes occur.

3. Payment method, payment confirmation and invoice

The buyer can choose between the following payment methods:

  • ● Card payment (Visa, Mastercard, BA/Maestro, Maestro)
  • ● Cash on delivery which currently available only in Slovenia and Croatia – The buyer makes the payment with cash or credit card to the courier when goods are delivered to his address
  • ● Payment via PayPal

The Buyer is obliged to pay the full cost of the placed order according to his chosen payment method. When choosing payment methods, the Buyer unequivocally, irrevocably and with full responsibility ensures that he has the ability and right to perform transactions with a payment card or another method of payment.

The Buyer is obliged to check the correctness of the invoice information before he places the order. The Buyer is also obliged to check the correctness of the data on the issued invoice and to notify the Provider of any errors within 3 days at the latest. Any later appeals regarding the correctness of issued invoices will not be considered by the Provider.

4. Delivery and delivery costs

The price does not include the cost of delivery. The cost of delivery is clearly stated in the online store. Delivery is taken care of by GLS delivery service. In the final step of the order, an overview of prices is displayed – the value of the goods, the cost of delivery and the total cost. When paying by cash on delivery, the delivery service charges a commission which was calculated and displayed at check out. There is no such cost with other payment methods.

The ordered products will be delivered to the address the Buyer specified as the delivery address when placing an order.

When placing an order, the Buyer is informed of the estimated delivery time, which may be extended in the event of increased demand, delivery service delays, or force majeure.

A one-time visit to the agreed address is considered as part of the delivery method. Delivery is considered unsuccessful when the addressee is unavailable at the agreed address at the time of delivery. Delivery is also considered unsuccessful when the addressee cannot be found using the information provided. If you think the courier could benefit from additional information to deliver the goods, please fill out the “Notes” field in the delivery section.

5. Right of withdrawal from the contract

The Buyer (consumer as meant by provisions of the Consumer Protection Act) may notify the Provider in writing within 14 days after receiving the goods that he is withdrawing from the contract, without having to state the reason for his decision. The delivery service notifies the Provider of the date on which the goods were delivered.

Withdrawal is submitted in time if provided within the period intended for withdrawal from the contract. The form is available for download here – REFUND FORM.

In the event of withdrawal from the contract, the Buyer must return the received goods immediately or within 14 days via the delivery service to the stated address of the Provider: KAIAN d.o.o. Volfova ulica 16, Srednje Jarše, 1230 Domžale, Slovenia.

The Buyer has no right to withdraw from the contract for the purchase of goods:

  • ● that are specifically and tailor-made for the Buyer and his personal needs,
  • ● sealed products that are not suitable for return due to health protection or hygiene reasons, if the buyer opened the seal after delivery
  • ● products that cannot be returned due to health and hygiene reasons – cosmetics, lingerie and swimwear
  • ● partial return of individual products from set or kit

The Buyer must return the goods to the Provider undamaged, in the original packaging, with all accompanying documentation and in the same quantity, unless the product is destroyed, damaged, lost or its quantity has been diminished without the Buyer’s fault. The Buyer should not use the products freely until the withdrawal from the contract. The customer may inspect and test the product to the extent strictly necessary to establish the actual condition. Testing a product that deviates from the above is considered the use of the product, which means that the Buyer loses the right to withdraw from the contract. An invoice for the returned goods and personal data must also be included when returning the goods.

The only cost the Buyer has when withdrawing from the contract is the cost of returning the products. We do not accept packages that need to be paid for. The Buyer must return the product to the Provider no later than 14 days after sending out the notice of withdrawal from the contract.

Refunds will be made as soon as possible, but no later than within 8 days after the Provider receives returned goods. The received payment is returned to the Buyer with the same means of payment as he used, except for cash on delivery.

In the case of payment with cash upon delivery, the Buyer enters their personal bank account number in the return form, which will be used to receive the returned purchase price issued back by the Provider.

6. Complaints

Complaints will be considered if the Provider did not comply with the order agreement (did not deliver the ordered product or delivered damaged goods). The Provider guarantees to eliminate these errors as soon as possible.

All products are carefully inspected before being shipped and therefore always dispatched undamaged. The products are meticulously packed in suitable packaging in order to be delivered to the Buyer undamaged and in the original packaging.

In the event that the products in the package do not correspond in quantity (the delivered quantity and the quantity stated on the invoice do not match) or the package contains the wrong product, the Buyer must notify the Provider no later than 3 working days after receiving the goods by sending a message to INFO@KAIKOCARE.COM.

The buyer must immediately inspect the received goods. If anything is damaged in the received package, the Buyer must immediately or no later than 3 days notify the Provider about the damage by sending a message to the following email address INFO@KAIKOCARE.COM and include a filled out complaint form. The Buyer will receive a new product or receive their money back in the shortest possible time after the complaint has been properly examined.

Complaints due to factual or hidden errors are possible when:

  • ● the product does not have the qualities necessary for its normal use
  • ● the product does not have the qualities necessary for the special use the Buyer bought it for, but which was known to the Provider or should be known to him
  • ● the product does not have qualities and merits that have been expressly or tacitly agreed or stated
  • ● the product does not match the pattern or the model, unless the pattern or model was shown only for the purpose of informing

You can make a formal complaint and claim a material defect of the product should you find that your product does not work.

The Buyer must inform the Provider about the material or hidden defect through e-mail address INFO@KAIKOCARE.COM, where he provides a detailed description of the defect. The Buyer should let the Provider examine the product review (The Buyer sends a photo or recording of defected product where it can be clearly observed that the product does not work). If the evidence is clear, the Provider will comply with the Buyer’s claim as soon as possible, but no later than 8 days.

If there is a dispute about the error, the Provider shall provide the Buyer with a written response within the same period. The right to exchange products or receive a refunded purchase price due to material defects is regulated in more detail by the provisions of the Consumer Protection Act.

The defective product is returned by the Buyer together with the complaint form to the Provider’s address. If possible, the Provider will replace the product or in other cases act in accordance with the Consumer Protection Act.

The Provider reserves the right to reject the complaint in the following cases:

  • ● if the product is useless due to incorrect handling by the user
  • ● if no invoice is attached
  • ● if the product was not returned in the original packaging
  • ● if the Buyer used the product indefinitely until the withdrawal from the contract.

7. Provider information and accessibility to information

Provider:

KAIAN d.o.o.
Volfova ulica 16, Srednje Jarše
1230 Domžale, Slovenia
Tax number: 96264004
Subject to VAT: YES
VAT ID: SI96264004
Registration number: 5699142000
Registration date: 29.05.1992
Reference number of entry: SRG 11821500, District Court of Ljubljana
Initial capital: 8.763,00 €,
Bank account: SI56 0310 4100 0790 614 at SKB bank d.d., Ljubljana, Ajdovščina 4
SWIFT BIC: SKBASI2X
E-MAIL: info@kaikocare.com

The Provider guarantees that the user will always have access to:

  • ● identity data (company name and seat, registration and tax number, register and reference number of entry);
  • ● contact information that ensures quick and efficient communication with the Provider (e-mail address, phone, etc.);
  • ● information on the essential characteristics of the products or online store services, including possible after-sales services;
  • ● information on product availability or online store services;
  • ● information on product prices;
  • ● methods, conditions and costs of product delivery or execution of services, in particular delivery time;
  • ● information on possible payment methods;
  • ● information on the period within the Buyer can withdraw from the contract and the conditions for withdrawal;
  • ● information on liability for material defect;
  • ● information on possible ways to return products;
  • ● information regarding filing a complaint and contact information for customer support.

8. Communication

The Provider offers support to Users and Buyers via the following e-mail address: INFO@KAIKOCARE.COM. The Provider will contact the Buyer via means of distance communication only if the Buyer does not explicitly object to this.

Advertising email messages will contain the following components:

  • ● they will be clearly and unambiguously marked as advertising messages,
  • ● the sender will be clearly visible,
  • ● various special offers, promotions and other marketing techniques will be marked as such and conditions for participation clearly defined
  • ● it will be clearly explained how to unsubscribe from receiving advertising messages,
  • ● the Provider will respect the Buyer’s wish not to receive advertising messages.

9. Comments and opinions

All comments made by any User of the online store are reviewed by the Provider before they are published. The Provider will not publish opinions or comments that are in any way offensive, obscene, vulgar, defamatory or in the Provider’s opinion offer no benefits to other users and visitors.

By submitting an opinion or comment, the User expressly and irrevocably agrees to the terms of use and allows the Provider to publish part or entire text in all electronic and other media. The Provider has the right to use the content indefinitely and for any purpose that is in its business interest, including publication in advertisements or other marketing activities and communications. The User (author of the opinion or comment) states and guarantees that he is the owner of the material and moral copyrights for the written opinions and comments and that he transfers these rights exclusively to the Provider for an unspecified period of time.

10. Safety warnings for cosmetic and other products

Cosmetic products:

If you have any skin problems, make sure to consult your doctor before buying cosmetic products. Always ensure the products have not expired before using them. After they are opened, the products should be used within three months, unless otherwise stated. First, use the product on tiny area of skin to check for any possible allergic reaction. Store the product in a cool, dark place. Keep the products out of children’s reach. Use the products on intended body parts. Use the products in accordance with instructions. The products are intended exclusively for external use. In case of a skin reaction, rinse the skin thoroughly with water and consult a doctor.

Other products:

In assessing what safety the consumer can expect, the following should be taken into account:

1. presentation of the product in relation to its intended use,

2. predictable use of the product in a reasonable manner.

Before using the product, it is necessary to read the enclosed instructions, if they are needed for the product. Each product must be safely tested before use. By ordering and using the product, the Buyer agrees that he is aware of the risk that the use of each product may be associated with certain health risks and that he fully assumes responsibility for any consequences arising from the use of the product. The Provider is not liable for direct or indirect damage caused by the use of the products.

11. Protection of personal data

The Provider undertakes to protect all personal data of Users and Buyers in accordance with the provisions of the Personal Data Protection Act (ZVOP-1). All personal data of Users and Buyers of the online store is confidential and will under no circumstances be revealed to any unauthorized third parties.

Most pages in the online store can be visited without having to disclose your personal information, such as name, address and email address. However, some information is obtained automatically using cookies and online signals called “pixel tags” which are standard tools in the online industry. The use of cookies and web signals allows recognition of a particular IP address, the type of browser used by the User of the website, as well as the general activity of the online visitor. If the User turns off cookies on his computer, he will not be able to make a purchase in the online store.

The Buyer must disclose his personal data in order to purchase in the KAIKOCARE.COM online store. Provided personal data will not be passed on to any third parties, except for the purpose of confirming the validity of the purchase, delivery of products as well as marketing and promotion. The Provider takes all necessary measures to protect the confidentiality of personal data in accordance with ZVOP-1.

By purchasing in the online store KAIKOCARE.COM, the Buyer explicitly agrees that his personal data that was provided in the order (name, surname, address, phone number, e-mail address) is stored and used exclusively for the purpose of fulfilling the order, sending out promotional material, offers, invoices, newsletters and other necessary communication.

12. Exclusion of liability

The Provider is not responsible for the use of the online store KAIKOCARE.COM and any damage caused by the use of its online content. The Provider strives to ensure the greatest possible promptness and accuracy of the information published on its pages. Nevertheless, the characteristics of the products, the delivery time or the price may change so quickly that the Provider fails to correct the information on the website in time. In such a case, the Provider will notify the Buyer of the changes and allow him to withdraw from the contract or replace the ordered product.

Even though the Provider strives to provide accurate photographs of the products being sold, it is nevertheless necessary to take all photographs as symbolic, as the photographs do not guarantee the characteristics of the products.

When the User or the Buyer decides to use the KAIKOCARE.COM online store, he agrees and is aware that he has done so voluntarily and thus accepts all potential risks.

13. Security

The Provider uses adequate technological and organizational means to protect the transfer and storage of data.

By purchasing from the online store, the Buyer accepts and bears all risks associated with making payments through the online store. Secure authorizations and credit card transactions are handled by authorized online systems. Card data is not stored on the Provider’s server. The Buyer himself is also responsible for security by protecting his computer with appropriate anti-virus software.

The provider does not guarantee the operation of the online store and its functions. The Provider does not guarantee that the online store will work without errors, without viruses and other malicious software. The provider does not assume any responsibility and cannot be held liable for any damage to the computer or hardware or other property and any computer viruses that could affect the User’s equipment due to website visits or downloading text, images or data. The Provider does not guarantee that the information published on the KAIKOCARE.COM website is accurate and complete. The Provider is not liable for any damage caused by the use or resulting from the use of the KAIKOCARE.COM website. The Provider is also not liable for any damage due to the use of products from the online store.

14. Legal notice

The online store is owned by the company KAIAN d.o.o., which also manages the online store. The contents published on the website are the property of KAIAN d.o.o. and its contractual partners and may be used for non-commercial purposes, where they should retain all the stated copyright notices and therefore may not be copied, reproduced or otherwise distributed without the permission of the company KAIAN d.o.o..

Photographs, audiovisual works, pictures, sketches and similar representations found on the KAIKOCARE.COM website are copyrighted by the Copyright and Related Rights Act (ZASP) and may not be infringed in any way. Copyright works are marked with the KAIKOCARE© mark. Copyright infringement occurs when a work is used (published, reproduced, distributed, made available to the public, edited) without acquiring material rights for their use. Material copyrights of all published copyrighted works are the property of the company KAIAN d.o.o..

One the basis of Copyright and Related Rights Act (ZASP), KAIAN d.o.o. will initiate appropriate court proceedings for damage compensation, civil penalties and non-pecuniary damage compensation in case copyright infringement occurs.

15. Complaints and disputes

Any disputes are resolved amicably. If no amicable agreement can be reached, disputes are resolved by the competent court in Ljubljana.

The Provider complies with consumer protection legislation in force. The Provider tries its best to fulfill its duty to have an effective complaint handling system and to designate a person the Buyer can reach out to via e-mail should any problems occur. The complaints can be submitted via e-mail INFO@KAIKOCARE.COM.

The Provider will confirm within 8 working days that he received the complaint and inform the user of the website how long it will take to process it and keep him informed about the progress of the procedure. Handling of the complaint is confidential.

The Provider does not recognize non-judicial dispute settlement bodies.

KAIAN d.o.o. as a Provider engaged in online sales is publishing an electronic link to the platform for online resolution of consumer disputes (SRPS). The platform is available online at: https://ec.europa.eu/odr.

The above regulation follows from the Out-of-Court Consumer Dispute Resolution Act (EU) no. 524/2013 of the European Parliament and the Council on the online settlement of consumer disputes.

16. Changes to the general terms and conditions

The Provider may amend and update the general terms and conditions in the event of changes in the regulations that govern the operation of online stores and other regulations related to the operation of the online store. The general terms and conditions may also change due to changes in our own business policy. Any changes and updates are valid and apply from the date of publication on the website KAIKOCARE.COM.

Last change of general terms and conditions: 3.3.2021,
We hope you will have plenty of pleasant experiences and great purchases in our online store KAIKOCARE.COM.