GENERAL TERMS AND CONDITIONS
1. General Conditions
The General Terms and Conditions been formed in compliance with consumer protection regulations, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for virtual and electronic business. The TummyTox brand (hereinafter referred to as the "Online Store") is managed by SENSILAB D.O.O., an e-commerce operator (hereinafter referred to as the "Seller").
Vision Healthcare group
Verovskova 55a, 1000 Ljubljana, Slovenia
Registration number: 2113732000
Identification number for VAT: SI 27404927
By registering on the Online Store, the visitor receives a username that is the same as the email address used for registration and a password that they choose. The username and password immediately connect the visitor with the data entered. By registering, the visitor guarantees to be of age and to possess the legal right to enter into binding contracts. By registering, the visitor becomes a user and obtains the right to purchase. After purchase, the user becomes a customer.
These terms and conditions define the operation of the Online Store, the rights and duties of visitor, user and customer and the business relationship between the merchant and the customer as the buyer of the products from the Online Store.
The content of the site is intended for informational and educational use and is not intended as a substitute for medical consultation. Regarding the usefulness of our advice and suggestions, it is advisable for the buyer to consult his personal doctor based on his state of health.
2. Availability of Information
The Seller undertakes to always provide the user with:
- Information on the identity of the merchant (in particular, the company and its registered office, as well as the registration number in which the company is registered);
- Contact information that allows the user to communicate quickly and effectively with the Seller (email address, telephone, etc.);
- Information on the essential characteristics of the product or the services offered by the Online Store, including post-sales services and guarantees;
- Information on the accessibility of products or services offered by the Online Store;
- The terms and conditions of delivery of the products, the execution of the services, in particular, the place and date of delivery;
- Information on the payment method;
- Data on the validity of offers in the online store;
- Information on the deadline within which it is still possible to withdraw from the contract and the conditions of withdrawal;
- Information on the possibility of returning products and whether this reimbursement costs the user;
- Information on the user complaint procedure and contact details of the appropriate manager.
3. Product offers, delivery times and acquisitions
Due to the nature of online shopping, the product offers in the Online Store are often and rapidly evolving and updating. As a result, errors can occur. We kindly ask you to inform us of any errors via e-mail. We will try to correct them as soon as possible.
3.1. Delivery time
The delivery time for products that are in stock is from 3 to 5 working days for delivery addresses in the UK, except when Evri is unable to deliver the products on time. For all other products, delivery times in the UK are indicated on the product page in the online store. Every product in the online store is accessible within a reasonable time frame.
3.2. Delivery of products
When making a purchase order, the user can determine one of the following product delivery methods:
- traditional postal delivery, in the case of purchases under £50 you pay the shipping costs, equal to £4.90,
- for orders over £50, delivery is free.
4. Payment methods
The Seller provides the following payment methods for the purchase of products from the Online Store:
- Credit card (Visa, Mastercard, AMEX, JCB, Diners);
All prices of the Online Store are listed in GBP and include VAT, unless explicitly stated otherwise. All shop prices are the prices of the goods and do not include shipping costs (see points 3 and 10). All prices are valid only for orders placed in the Online Store.
All prices apply at the time the order is placed and do not have a predefined validity, therefore they only apply to the respective changes. Despite the Seller's efforts to provide the most accurate information possible, it may be that the price information is incorrect. In this case and in the event that the price of a product is changed during the processing of the order, that is, from the time the order is placed until confirmation, the Seller agrees to:
- Inform the user (customer) of the new price, the user (buyer) has in this case the possibility to change his order partially or entirely, cancel the order or confirm the new price, all without additional costs; or
- Allow the user (customer) to cancel the purchase and offer a solution that is beneficial and satisfying to both parties.
6. Purchase Procedure
6.1. Order accepted
Once the order is placed, the customer (buyer) receives an email notification from the Seller that the order has been accepted. Within 1 hour of receiving this notification, the customer (buyer) has the option of cancelling the order without any consequences. Aside from the possibility of cancelling the order, the customer (buyer) can no longer change the contents of the order after placing the order, except by contacting the seller via e-mail at email@example.com. Full information on the status and content of each order is always accessible to the user (customer), in its profile on the Seller's website.
6.2. Order confirmed
If the customer (buyer) does not cancel the order, it will be processed further. Upon receipt of the order, the Seller checks the order and availability of the products ordered and confirms the order or refuses it for a valid reason. The Seller can also contact the customer on the contact telephone number provided by the customer to check the data or to guarantee the accuracy of the delivery. Upon confirmation of the order, the Seller informs the user (buyer) via e-mail of the expected delivery date. At this point, the purchase contract of the products ordered between the user (buyer) and the merchant is irrevocably concluded.
6.3. Shipped goods
The Seller prepares the ordered products within the agreed time frame. In the electronic message, the Seller also informs the customer (buyer) whom to contact in the event of a complaint or a delay in delivery. Delivery times may sometimes be longer than indicated, due to higher demand or delays within the shipping process.
7. Purchase contract
The Seller will issue an invoice in paper form to the user who purchases the product from the Online Store with a breakdown of costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The purchase contract in the form of the purchase order is stored electronically on the Seller's server and is accessible to the customer (buyer) at any time in his profile. The purchase contract is concluded in English.
The purchase contract between the Seller and the customer (buyer) is concluded at the time the Seller confirms the order (see Point 6.2). From this moment on, all prices and other terms of purchase are fixed and apply to both the Seller and the customer (buyer).
8. Right of Withdrawal, Return of Products
The customer (buyer) has the right to cancel the sales contract without providing any reason. The cancellation period expires after 14 days from the day on which the customer (buyer) acquires, or a third party other than the carrier and indicated by the customer (buyer) acquires physical possession of the goods. To exercise their right to cancel, the customer (buyer) has to inform the Seller of the decision to cancel the contract by a clear statement (sent by letter or e-mail). To meet the cancellation deadline, it is sufficient to send the communication concerning the customer's right to cancel before the cancellation period has expired.
Effects of cancellation
If the customer (buyer) cancels the contract, they will be reimbursed for any payments to the Seller, including costs of delivery (except for the supplementary costs arising if they chose a delivery type other than standard delivery). The Seller might make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the customer.
The Seller will make the reimbursement without undue delay, and not later than -
a) 14 days after the day the Seller receives the returned goods
b) (if earlier) 14 days after the day the customer (buyer) provides evidence that they have returned the goods, or
c) if no goods were supplied, 14 days after the day the Seller is informed of the cancellation.
The Seller will make the reimbursement using the same means of payment as the initial transaction unless agreed upon otherwise. The customer (buyer) will not incur any fees as a result of the reimbursement. The seller may withhold reimbursement if they have not received the returned goods or have not received evidence that the goods were sent back.
The customer (buyer) has to return the goods without undue delay and in any event not later than 14 days from the day on which the cancellation was communicated. The deadline is met if the customer (buyer) sends the goods back before the period of 14 days expires. The customer (buyer) bears the costs of returning the goods.
The products sent back to the Seller must be returned intact, in their original packaging and in unchanged quantity, except in the event that the products have been damaged, lost, expired or their quantity is not adequate and all this is not due to the customer.
The customer (buyer) is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The customer (buyer) does not have the right to withdraw from a distance contract for the delivery of sealed goods that have been unsealed after delivery and are no longer suitable for return because of health or hygiene reasons.
The Seller packages all the products in the delivery box before shipping them. All the products are undamaged before packaging is carefully inspected and in their original packaging.
For returned products, the Seller will, in the shortest possible time, or within a maximum of 14 days from having received the notice of withdrawal from the customer, credit the customer with the sum paid or, in the case of purchase with a gift voucher, the gift certificate of the same value. Any discounts or promotional codes used for the purchase cannot be given to the customer in case of withdrawal. The reimbursement of the amount paid will be made by the seller on the client's current account. In case of payment with a gift voucher, this will be returned in the form of credit.
While always implementing in good faith, in updating the data on the site it is not possible to exclude any errors.
The Seller will undertake to resolve the detected error as quickly as possible.
The customer can inform the Seller of any errors by e-mail.
If there were any unjustified costs due to the error, the Seller is obligated to reimburse the customer (buyer) as soon as possible.
9. TECHNICAL GOODS WARRANTY
The product is covered by the warranty if that is stated in the warranty certificate or the invoice. If a warranty is issued for a product, the seller, upon fulfilling the warranty conditions and within the warranty period, guarantees that the product operates faultlessly. When claiming the warranty, the warranty conditions, as stated in the warranty certificate, apply. The seller guarantees the faultless operation of the product for the warranty period, starting from the time the product is delivered to the buyer. The warranty period is one year or as stated in the warranty certificate. The buyer can claim the warranty with the warranty certificate or the invoice, so they should be saved after receiving the item.
If the product for which the warranty is mandatory does not work flawlessly or does not have the characteristics listed in the warranty certificate or advertising message, the buyer may first request the seller to rectify the defects within the warranty period under the Consumer Protection Act. The seller undertakes to eliminate the defects that may occur during the warranty period at their own expense, within a period not exceeding 45 days, starting from the day they receive the returned item. If the product is not repaired within 45 days, the seller must replace the product with an identical faultless product. If the seller does not repair or replace the item within the deadline, the buyer may withdraw from the contract and demand a full refund.
The warranty takes effect on the day the product is delivered to the customer and applies to defects in the material and workmanship and all parts of the product except any consumable items. The warranty is not valid:
- With failures because of non-compliance with the instructions for use,
- In the event of failures because of incorrect installation or maintenance,
- Mechanical damage to the product caused by the customer and failures in the event of force majeure (voltage surge, lightning strike, etc.),
- If the product has been tampered with by a customer or other unauthorised person (including unauthorised service technicians),
- When connected to the wrong voltage or type of current,
- When using other components that do not originally belong to the product.
In the event of a warranty claim, the seller will check whether there is a defect in the material or the manufacturing of the product, and a warranty repair will be performed upon confirmation. If it is found that the damage or defect results from improper use of the product, the claim will be rejected. To enforce the warranty, the buyer can contact the seller or the accredited service centres (listed on the warranty certificate) with the product, the invoice and the warranty certificate.
The consumer’s warranty rights apply without prejudice to the rules on the seller's liability for product defects.
10. Solving Clerical Errors
An error is considered clerical:
- if the product is missing an essential characteristic, necessary for its normal use,
- if the product is missing a characteristic necessary for the use that the customer is purchasing it for and that characteristic is known or should be known to the Seller,
- if the product does not have the characteristics and qualities that were explicitly or silently agreed upon or prescribed,
- if the Seller has delivered a product that does not match the sample or model, except when the sample or model was shown only for the purpose of a notice.
The customer (buyer) must inform the Seller and exactly describe the issue, no later than 2 months after discovering the error, by by sending us an email at firstname.lastname@example.org.. The Seller can not be held accountable for errors that occur 2 years after the purchase of the product. The customer (buyer) must enable the seller to inspect the product.
If the customer (buyer) issues a complaint in the first 6 months of receiving the product, the Seller must prove that the complaint is unjustified, that is, that the product has no error. If the customer (buyer) issues a complaint after 6 months, the customer (buyer) must prove the existence of the error.
The customer (buyer) who correctly informed the Seller of the error has the right to demand that the Seller:
- remedies the error,
- returns part of the amount paid in proportion to the error,
- replaces the defective goods with new products,
- returns the amount paid.
The customer (buyer) can decide which of these to claim and the claims are not bound to any order in which they should be claimed.
If the existence of the error is not disputable, the Seller must comply with the user’s request as soon as possible and no later than within 8 days.
The seller must reply to the customer (buyer) in writing upon request no later than 8 days after receiving the request, if the existence of a defect is disputable.
11. Satisfaction Guarantee and Insurance
We are committed to the highest ethical standards of business and customer protection, represented by our 100% satisfaction guarantee.
Subject to conditions hereunder, we offer a 30-day (60-day, if the customer (buyer) has purchased this option) right of return, referred to as the satisfaction guarantee. This enables customers to return the purchased item(s) even after the statutory 14-day right of withdrawal has expired. The customer (buyer) can take advantage of the satisfaction guarantee by returning the items (to address EVRi Fulfilment, Boxset Unit B, Paycocke Road, Basildon, SS14 3EL) within 30 days (60 days, if the customer (buyer) has purchased this option) of receiving them. We will refund the customer the full purchase price of the items, excluding delivery and return costs, provided that the customer has fulfilled all the conditions hereunder.
In order to qualify for the satisfaction guarantee, the customer (buyer) is obliged to fill in the online Request to enforce the Satisfaction Guarantee. Filling in the said online form shall be deemed as a customer (buyer) exercising his/her right of satisfaction guarantee. Filling in the said online form is the only valid way in which to claim the satisfaction guarantee. Any other form of communication in this regard shall be ignored by the provider.
Products that have a satisfaction guarantee are visibly marked in the online store. If the customer (buyer) is not satisfied with the purchase, the Seller will fully reimburse the customer (buyer) within 30 days (60 days, if the customer (buyer) has purchased this option) of the guarantee claim being issued. The only cost to the customer (buyer) when a satisfaction guarantee is issued is the cost of returning products to the Seller.
The satisfaction guarantee is valid for 30 days (60 days, if the customer (buyer) has purchased this option) from the date of receiving the order for products in the amount of one person's use in a one-month period. The customer (buyer) can also receive a refund for packages intended for several months of use, however, the customer (buyer) must return the unused products to the Seller undamaged, in the original packaging and quantities, and include the packaging of used products, unless they have been destroyed, damaged, lost, or their quantity has decreased without them being used by the customer (buyer).
The satisfaction guarantee may only be claimed with the original invoice.
The customer (buyer) cannot claim the satisfaction guarantee more than once annually for the same product. The customer (buyer) can claim three satisfaction guarantees per year for different products. The provision of this paragraph is applicable for the 30-day as well as the 60-day right of return.
The Seller ensures that the product will work in accordance with its purpose if the customer (buyer) follows instructions given. This is the basis for claiming a satisfaction guarantee. For more information about the returns process, please contact us via the chat support on the website.
If the customer (buyer) has purchased the Parcel insurance, and the delivered products (or the packaging) have been found damaged in any way, then the customer (buyer) shall have the right to have the same products shipped to her/him once again, without any questions asked and without the need to prove the damage to the received products or packaging. The claim can be made by sending us a photo of the damaged product(s).
12. Order Processing and Delivery
The seller will deliver the purchased products to the customer (buyer) within the agreed time. Contractual partners for the delivery of packages are specified at the end of the purchase process. The seller reserves the right to choose another delivery service if that could make the delivery process more efficient.
If the customer (buyer) has purchased the Skip-the-line option, the purchased products will have been handed over to the delivery service within the time frame indicated on the website when placing the order. The Ski-the line option does not necessarily affect (shorten) the actual time of delivery of purchased products.
In case of visible damage to the packaging of goods, the customer (buyer) complaint must be given to the provider of the delivery service upon receiving the goods. The buyer of such goods is not obliged to accept and can refuse the shipment. If the package is physically damaged, lacking any goods or shows signs of being opened beforehand, the customer (buyer) must initiate the complaint procedure with the delivery service.
The Seller uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments. For this purpose, the Seller uses a 256-bit SSL certificate issued by an authorized organization.
Authorized online systems are responsible for secure authorizations and credit card transactions. Credit card authorizations are executed in real-time with immediate checking of data at banks. Card information is not stored on the Seller’s servers.
The customer (buyer) is also responsible for ensuring the security of their username and password and for the proper software and antivirus protection of their computer.
The Seller makes every effort to ensure that up-to-date and correct information appears in their online store. Product properties, delivery times or prices can change so rapidly, that the Seller fails to correct the published data in a timely manner.
Although the Seller attempts to provide accurate images of the products sold in the online store, all images should be considered symbolic. Images do not guarantee the properties of the products featured.
16. Complaints, Disputes and the Application of Law
The Seller follows the applicable consumer protection regulations. The Seller has an effective customer support system for resolving complaints and employs a person that can be contacted by the customer (buyer) via e-mail in case any issues occur. In case of issues or a wish to appeal the customer (buyer) can contact the Seller via the chat support on the website. The complaint processing procedure is confidential.
The Seller will confirm that the complaint has been received within five working days and the guarantee claim will be resolved within the statutory deadline. The Seller will strive to resolve any dispute under mutually agreed conditions. If a mutually agreed-upon solution can not be reached, all disputes between the seller and user (customer) will fall under the jurisdiction of the appropriate court.
These general terms and conditions of service and all disputes between the Seller and customer (buyer) fall under the jurisdiction of Slovenian law.
For all rights and obligations not specified under these terms and conditions, provisions of the Code of Obligations, the Electronic Commerce Act, the Data Protection Act and the Consumer Protection Act shall apply.
16.1 Out-of-court Dispute Resolution
In accordance with legal norms, Sensilab does not recognize the authority of any out-of-court provider for settling disputes, launched by the customer (buyer) by the Out-of-Court Consumer Dispute Resolution Act.
In the event that the customer (buyer) is not satisfied with the resolution of the complaint, they can, in accordance with the Out-of-Court Consumer Dispute Resolution Act, file to initiate the procedure of out-of-court settlement of a specific consumer dispute through the European Commission for Online Dispute Resolution. In accordance to Out-of-Court Consumer Dispute Resolution Act, Sensilab is publishing a link to the European Commission for Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The customer (buyer) can also decide to file a lawsuit with the competent court according to the customer (buyer) permanent address.
17. Changes to Terms and Conditions
In the event of changes to the regulations governing the operation of online stores, data protection and other fields related to the operation of the online store of the Seller and in the event of changes to the Seller’s own business policy, the Seller may modify and/or amend the general terms and conditions. The seller will notify users of these changes in an appropriate way. Any changes and/or amendments to the terms and conditions enter into effect after a period of 8 days from the publication of changes and/or amendments. If the changes and/or amendments are necessary in order to comply with regulations, they may exceptionally enter into effect earlier than that.
Any user who does not agree with the changes and/or amendments to the general terms and conditions has to, within 8 days of being notified of the changes, revoke his registration. If the user does not revoke his registration it will be considered that the user accepts the changes and/or amendments and no evidence to the contrary will be admissible. The registration can be cancelled with a written declaration to the seller.
The terms and conditions were accepted by Sensilab d.o.o. director, Domen Ščukovt, in Ljubljana, 19.10.2020.
We wish you pleasant browsing and shopping in our webstore!