Terms and Conditions
Before accessing our online store, we recommend carefully reading the following terms and conditions. By proceeding to make a purchase through the Ernestinne online store, you acknowledge that you have read and understood the entire contents of following terms and conditions and agree to be bound by them. The provider reserves the right to make changes to these terms and conditions. All changes are binding on buyers. The provider is not required to inform buyers of changes made to the terms and conditions. The buyer shall be responsible to keep themselves updated on the terms and conditions.
General terms and conditions of the online store and information on the provider
The general terms and conditions of the online store Ernestinne are compiled in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1), and the Electronic Communications Act (ZEKom-1), based on the recommendations by the Chamber of Commerce and Industry of Slovenia (GZS) and international e-commerce codes.
These general terms and conditions set forth the procedures by which the online store Ernestinne will operate, the rights and duties of the user and the store and govern the relationship between the buyer (hereinafter referred to as “buyer” or “user” or “consumer”) and the provider.
The buyer is bound by the terms and conditions applicable from purchase (online order placement). The user shall be prompted to confirm their familiarity with the general terms and conditions at each order placement.
The online store Ernestinne (hereinafter referred to as “Ernestinne” or “online store” or “website”) is governed by Oblikovanje in spletna prodaja Ingrid Breščak s.p. (hereinafter referred to as the “provider” or “company”).
- Company name: Oblikovanje in spletna prodaja Ingrid Breščak s.p.
- Company address: Volčja Draga 65a, 5293 Volčja Draga, Slovenia
- IBAN: SI56 1010 0006 0239 129 (Banka Intesa Sanpaolo d.d.)
- Registration number: 9163794000
- Tax number: 76376168 (the company is not registered for VAT purposes)
The provider undertakes to consistently provide the following information:
- company identity information (name, address, and registration number),
- company contact information enabling quick and efficient communication to the user (e-mail),
- essential features of items and services (including after-sales service)
- accessibility of items (each item offered on the website should be delivered within a reasonable time period)
- item delivery and service terms and conditions (delivery method, destination, and period)
- all prices, which must be clearly and unambiguously set and must clearly indicate whether they include VAT and transport costs,
- payment and delivery method,
- validity period of the offer,
- the period of withdrawal from the agreement and the terms and conditions thereof, as well as the possibility and price of returning an item (the description of the right of withdrawal is in line with Article 43.č of ZVPot; where the consumer does not have the right of withdrawal in line with Article 43.č of ZVPot, the consumer must be explicitly notified),
- clarification of the complaints procedure, including all information on the main contact person or the customer relations service.
Upon registration in Ernestinne’s system, the user obtains a username, which is equal to their e-mail address, and a password. The username and password clearly identify the user and connect them with the entered data. Registration facilitates the purchasing process for the user. The provider ensures the information entered into the system is completely protected and used in accordance with the conditions, which the (potential) buyer agrees with. The buyer may also complete a purchase without registration, i.e., as a guest.
The sales agreement between the online store and the buyer is concluded in the online store when the online store sends the first e-mail confirming the status and the conditions for the completion of the buyer’s order. The prices and other conditions at this point are fixed and apply to both the online store and the buyer. The buyer is considered to be the person whose data is entered upon order placement. Subsequent changes to buyer information are not possible.
Where the buyer selects the bank transfer option as their payment method in the order placement process, the buyer shall be obliged to pay the total amount by bank transfer within five (5) business days of order placement. Otherwise, the provider has the right to cancel the order, which means the provider unilaterally withdraws from the agreement on justified grounds.
The buyer shall be at least the age of majority.
The sales agreement (order) is in electronic form and is stored on the provider’s server. The buyer receives an invoice via e-mail when the order is complete.
After order placement
Ernestinne reserves the right to refuse an order where an item is no longer in stock or the price is not indicated correctly, which can occur as a result of errors made during automated transfers. We shall notify the buyer of the order refusal within the shortest possible time. We shall also notify the buyer via the e-mail address or phone number given at order placement in case of any doubts, data checks or obstacles in ensuring correct delivery.
In the event of product unavailability, the provider reserves the right to order cancellation, if the buyer does not respond to the provider’s notification. The provider shall inform the buyer via the e-mail address or phone number given at order placement before cancelling the order. If the customer does not respond within ten (10) working days, the provider shall cancel the placed order. Customers who made the payment for the order via bank transfer, PayPal, or credit card shall be issued a refund within five (5) days of order cancellation.
The products are prepared within the specified period and shipped to the buyer’s address. When the parcel is shipped, the buyer shall be notified via e-mail in the form of a notification indicating: “Your order is complete”. If an order is placed for an item that cannot be shipped within the specified period due to unforeseen circumstances, the provider shall notify the buyer of a new delivery period via phone or e-mail.
The buyer may receive regular updates via e-mail regarding production times. In case of lengthy production times, the buyer may inform the provider via e-mail (email@example.com) that they wish to remove an item from their order. Ernestinne shall refund any funds paid for the item, then supply and ship any other ordered items, or cancel the entire order at the request of the buyer. If the supplier does not confirm availability of elements and raw materials necessary for the production of ordered items within two (2) weeks from the day of order placement, Ernestinne may refuse the buyer’s order due to the unavailability of the item. This also applies in the event where the external contractor responsible for product post-treatment is unable to provide the services necessary for the product finish within the specified period. The order shall expire on the day of order refusal. Ernestinne shall not be responsible for any damage made due to longer delivery periods or unavailability of elements and raw materials that Ernestinne does not keep in stock unless the company (Ernestinne) causes this damage either by intent or through negligence.
Ernestinne shall prepare and ship the item within the specified period to the address indicated by the buyer at order placement. Ernestinne shall inform the buyer via e-mail of its cancellation policy and the point of contact for queries regarding delivery delays or complaints. SMS text messages from the delivery service containing notifications on preparation and shipment are not associated with Ernestinne. We ask buyers to not respond to these messages, but to contact us directly via e-mail, using the e-mail address firstname.lastname@example.org.
If the buyer decides to cancel an order within the specified period (before the parcel is shipped), they must immediately inform the provider via e-mail, using the e-mail address email@example.com. If the order has already been shipped, the buyer shall be obliged to collect and return it at their own expense to the sender at the company address. Uncollected orders result in packaging and shipping costs to the provider, as well as time loss due to counterproductive work. In the event of non-collection, the buyer is issued a refund of the value of the ordered goods excluding the costs incurred for packaging, shipping, and parcel refusal.
The sales agreement between the provider and the buyer is concluded once the provider confirms the order. Thereafter, all prices and other conditions are fixed and apply to both the provider and the buyer. The prices are valid until changed and the provider may change them without prior notification. In the event that the price of the item changes during the processing of the order, the provider shall notify the buyer. The provider shall make every effort to offer a lower price to the buyer or offer a solution that is of mutual benefit to both parties. Otherwise, the company reserves the right to withdraw from the sales agreement and issue a refund of the paid amount to the customer. The sales agreement is the first e-mail confirming the order status, which the buyer receives at the indicated e-mail address. The company shall conclude agreements only in the Slovenian language.
The owner of the online store Ernestinne is not responsible for any errors (grammatical, spelling or otherwise) related to the item price. The customer shall be notified of any errors of this kind.
In order to avoid data processing errors and misunderstandings, ordering via e-mail or phone is not available. Only orders placed on the ernestinne.si / ernestinne.com website are valid.
Right of withdrawal from agreement or purchase
In accordance with Article 43.č and 43.d of the Consumer Protection Act (ZVPot), the consumer has the right to notify the company via e-mail (firstname.lastname@example.org) within fourteen (14) days of concluding a distance agreement that they are withdrawing from the agreement without the need to specify the reasons for their decision. This period shall begin one day after receipt of goods.
The goods must be returned to the provider no later than fourteen (14) days from the submitted notification of withdrawal from the agreement. The goods shall be returned to the following address: Oblikovanje in spletna prodaja Ingrid Breščak s.p., Volčja Draga 65a, 5293 Volčja Draga, Slovenia.
Once the goods are received, the company shall refund all payments made in accordance with the relevant legislation. The only cost incurred by the consumer with regard to the withdrawal from the agreement with no specified reason is the direct cost of returning the goods. Cash-on-delivery items are not accepted and are refused upon delivery.
The buyer must communicate their decision to return the item within fourteen (14) days of item receipt via e-mail (email@example.com), whereupon the provider shall provide return instructions. Otherwise (if the item is not returned within the specified period), the provider is not obliged to issue a refund to the buyer. The item cannot be returned after the expiration of the 14-day period from the submission of the buyer’s notification of withdrawal from the agreement/purchase.
All returned goods, contents of the received parcel and additional elements should be returned in their original, unused condition and must be sent in their original, undamaged packaging. The customer must also enclose the following:
- a physical copy of the digital invoice,
- the order number, name and surname of the buyer, and the address of the buyer, indicated on the returning parcel.
Parcels with no enclosed copy of the digital invoice or containing incomplete or incorrect order and buyer information will not be accepted. After receiving the returned goods, the provider shall determine whether they are in their original condition and whether they are undamaged and unworn. The buyer is responsible for any reduction in value of the goods if the reduction in value is the result of handling that is unnecessary for the nature, properties or functioning of the goods. Items that bear visible signs of use or excessive wear, are damaged or soiled will not be accepted, as these items are not suitable for resale.
Refunds are issued within the shortest possible time, but no later than fourteen (14) days after receipt of the notice of withdrawal from the agreement or no later than fourteen (14) days after inspection of the returned item if it has already been sent to the buyer. To ensure certainty, accuracy, and timeliness of the return as well as to ensure evidence of payment the refund is issued via bank transfer, Stripe or PayPal, depending on the payment method used at order placement. As a general rule, the refund is issued using the same method of payment that was used to purchase the item.
When withdrawing from a purchase made using a bonus, discount code or promotional code, these funds are considered to be a discount and will not be returned to the buyer. Only the amount paid will be refunded to the user’s bank or PayPal account. When cancelling an order paid for by gift voucher, the voucher is considered as a means of payment and is returned to the buyer as a gift voucher, while any additional amounts paid are refunded to the bank or PayPal account that was used for the purchase.
The right to a refund when claiming a warranty or material defect is governed by the provisions of the Consumer Protection Act (unofficial consolidated version).
A defect is material if:
- the item does not have the properties necessary for regular use or marketing,
- the item does not have the properties necessary for the particular use for which the buyer has purchased it, but which the provider was or should have been familiar with,
- the item does not have the properties or qualities that were explicitly or implicitly agreed upon or prescribed,
- the provider has delivered an item that does not match the sample or model unless the sample or model was shown only for notification (e.g., an image on the website/online store).
Claiming material defects and complaints procedure
The buyer must notify the provider of any material defects along with a detailed description and allow for an inspection of the item within the legal deadline either by returning the item or by submitting an unambiguous photograph of the item (the buyer shall be informed of the method during the procedure).
The buyer must inspect the parcel upon receipt in the presence of a courier, mail carrier or postal service officer. If the parcel bears visible damage (i.e., tears or warps), the parcel should not be accepted. We ask the buyer to contact us at firstname.lastname@example.org. They will be notified of the further steps within the shortest possible time.
If the buyer receives a parcel and upon opening it discovers the received goods do not match the order or that the information on the receipt is inaccurate, we ask that they inform us within 48 hours from the time of receipt at email@example.com.
The right to claiming material defects on the item is governed by the provisions of the Consumer Protection Act.
The buyer may submit a complaint with the intention of exercising their rights due to non-conformity of goods, inaccurate pricing or other shortcomings using the following methods:
- by e-mail to the company e-mail address: firstname.lastname@example.org
- in writing to the company postal address: Oblikovanje in spletna prodaja Ingrid Breščak s.p, Volčja Draga 65a, 5293 Volčja Draga
Where the existence of a defect or a defective service is not contested, the company must comply with the consumer’s claim within the shortest possible time, but no later than eight (8) days after receiving the request.
Where the defect on goods or a service is contested, the company shall send the consumer a written reply within eight (8) days of receipt of the request at the latest.
All prices on the website shall be in EUR and shall include VAT. A reduced price is a reduced regular price, at which a presented item is sold for a definite or indefinite period of time. All prices in the online store are product prices and do not include shipping costs. Prices shall be valid at order placement and are not predefined. The prices shall be valid when paid with the above payment methods under the above conditions. Despite efforts to provide the most up-to-date and accurate information, a price may be inaccurate. In this case, or in the event that the price of the item changes during the processing of the order, the company, Oblikovanje in spletna prodaja Ingrid Breščak s.p., shall enable the withdrawal from the agreement. Gift vouchers and discount codes cannot be exchanged for cash. Discounts and coupons cannot be combined, unless stated otherwise.
The following payment methods are available in the online store:
- payment by pro forma invoice: the customer shall receive a pro forma invoice via e-mail. This must be paid within five (5) days. After the expiry of this period, the provider cannot guarantee the reservation of ordered items. Upon receipt of the payment by pro forma invoice, the order can be processed further.
- payment by card: payment by card is made through the payment processing system Stripe. The information on the card is not recorded by the company to guarantee security. Stripe ensures maximum transaction security. Stripe supports most major debit and credit cards (i.e., Visa, Mastercard, Maestro, and American Express), as well as most digital wallets (i.e., Alipay, Apple Pay, Google Pay, Microsoft Pay, Masterpass by Mastercard, Visa Checkout, WeChat Pay (beta)) and other forms of payment (i.e., Alipay, Bancontact, EPS (beta), Giropay, iDEAL, Multibanco (beta), P24 (beta), SEPA Direct Debit, SOFORT, WeChat Pay (beta)).
- payment by PayPal or by credit card through PayPal: this method of payment ensures secure payment by credit card (Mastercard, Visa, Maestro in American Express). The buyer is not required to create a PayPal user account. The PayPal payment system is considered one of the most secure payment systems in the world.
After the delivery of ordered items, Ernestinne sends a digital invoice to the buyer in PDF format to the buyer’s e-mail address. The invoice shall contain a breakdown of the price and all costs related to the purchase, as well as information on the right to withdraw from the agreement. The buyer shall verify the accuracy of the information before order placement. Any appeals regarding the accuracy of the invoice made after order placement will not be considered.
Card payment terms
- the payer (the information on the invoice of the user) must be the same person or organisation as the owner of the payment card,
- if the information on the payer on the invoice and the information on the person indicated on the payment card do not match, the provider reserves the right to cancel the order,
- after confirming order receipt, the contents of the order or the total amount cannot be changed, unless stated otherwise by the provider.
Gift vouchers are issued in physical from (the buyer received a gift voucher by post). Each gift voucher contains a code (a unique serial number). The provider shall be obliged to accept it as payment for a purchase made via the online store Ernestinne.com.
The same terms and conditions apply for the purchase of gift vouchers as for the purchase of any other item. In this case, gift vouchers are paid for via pro forma invoice. Gift vouchers are valid for five (5) years from the issue date. Gift vouchers cannot be redeemed for cash. Gift vouchers can only be redeemed for the entire amount. Where the value of the purchase is higher than the value of the gift voucher, the holder of the gift voucher must pay the difference. The value of the purchase must be higher than the value of the gift voucher.
Active discount codes can be found in advertising messages on the website, e-mails from the online store or other sources. Discount codes offer various advantages. They can be used for a limited time. If the buyer redeems a discount code or cancels an order with a discount code, the buyer is not entitled to using the discount again.
Discount codes cannot be combined and do not apply to items on sale.
Shipping and delivery
We ship parcels within the Republic of Slovenia and to other countries of the European Union. We deliver items with the postal service Pošta Slovenije by registered post, including a tracking number. Shipping costs are indicated separately in the order process.
Ernestinne reserves the right to choose a different shipping provider if this will make the fulfilment of the order more efficient.
Items that are in stock will be shipped in 2-5 business days. Delivery times may be delayed due to annual shutdowns, which will be announced on the homepage of Ernestinne.com.
Range of products
Items in the online store are frequently updated. We do our best to ensure their information and images are up-to-date and accurate. We apologise for any errors. All errors can be reported at email@example.com. If an item is out of stock, we make sure to indicate this on the website or in the e-mail received by the buyer at order placement.
Images and textual content
Images are for representation purpose only. Actual product properties (especially colour) may differ from those shown. The provider does not undertake to verify the accuracy and completeness of the information on the website of the online store (i.e., images and textual content).
The provider shall contact the user through means of remote communication, provided the user raises no explicit objections to this.
Electronic and/or SMS advertising messages will contain the following components:
- they shall be marked clearly and unambiguously as advertising messages,
- the sender shall be clearly visible,
- various campaigns, promotions, and other marketing techniques will be marked as such – the conditions for participation in these will also be clearly defined,
- the method of unsubscribing from receiving advertising messages will be clearly presented,
- the buyer’s wish not to receive advertising messages will be explicitly respected by the provider.
The user shall be able to subscribe to updates and unsubscribe from them in a simple manner. The updates shall contain information on current or future offers, advertising material for Ernestinne.com and other advertising messages by Ernestinne or its partners. It shall be deemed that in order to receive these updates the user must give their consent and that receiving them is not possible if the user has not requested this upon registration or has not subscribed to them by other means.
Rights of ownership
The online store Ernestinne and all information, product images, graphic, and video elements published on the website, as well as the design concept of products, which are handmade as part of the provider’s activities, are protected under the Copyright and Related Rights Act (ZASP) and shall not be reproduced or used without prior written permission. The Ernestinne trademark and logo are owned by Oblikovanje in spletna prodaja Ingrid Breščak s.p.
Damaged, destroyed, or lost parcel
Where payment is made using a pro forma invoice, the provider is not responsible for physically damaged, destroyed, or lost parcels after the shipment is made, nor is the provider responsible for any missing content in the parcel or any signs of opening (i.e., the packaging is visibly damaged). In these events, the user shall initiate the complaints procedure at Pošta Slovenije or with the delivery service used to deliver the parcel by bringing the parcel to the nearest post office in the same condition as received without adding or removing any elements and completing a complaints report form. The user shall also inform the provider of this by e-mail at firstname.lastname@example.org.
Purchases by legal entities
Legal entities are subject to the same terms and conditions as individuals (natural persons), except regarding options for withdrawal from the agreement: companies, sole proprietorships and other legal entities have the option of returning the delivered items within the warranty conditions. However, the above legal entities do not have the option to withdraw from the agreement within fourteen (14) days of receiving the item for no reason, as is the case for individuals.
Refunds cannot be issued to legal entities. Taxable persons liable for VAT must indicate their tax number when placing their order.
- The organiser of the prize competition is the company, Oblikovanje in spletna prodaja Ingrid Breščak s.p.
- A participant in the prize competition is every individual who participates in any of the advertised games.
- The winners shall be determined by random computer selection or by the organiser’s committee.
Right to participate in prize competitions and other giveaways of items or coupons
Participants in prize competitions shall be individuals who are nationals of the Republic of Slovenia. Participation is not available to persons employed by the organiser of the prize competition and their immediate family members, or the persons employed by other legal entities associated with the organisation of this prize competition. Legal entities may not participate in the prize competitions. Persons who do not accept the rules of the game may not participate in prize competitions. By participating in any announced prize competition, it shall be deemed that each participant has accepted the rules of the prize competition.
Rules of participation in prize competitions
Participation in a prize competition is not subject to the purchase of services or products sold by its organiser.
All prize competition participants may enter electronic draws. A single participant can only enter the electronic draw once. The result of the draw is final. No complaints will be considered. Winners will be notified by e-mail of their prizes and methods of prize collection.
Obligations of the winner
The prizes cannot be paid out in cash, nor can they be exchanged for another item. A winner shall submit to the organiser of the prize competition in writing (by e-mail) their personal information (i.e., their name, surname, address, e-mail address, telephone number and tax number) no later than three (3) days of the receipt of the notification.
The organiser shall be liable for the payment of all taxes on prizes (including VAT). Prize winners shall receive a certificate from the organiser in accordance with the Personal Income Tax Act and the Rules on Submitting Data for Personal Income Tax Assessment.
The winner shall be obliged to report the value of the prize in their tax return form. Upon receipt of the prize, the winner shall complete a confirmation acknowledging the receipt of the prize. The organiser shall not be liable for any taxes that may arise in connection with any other prizes. If the winner does not meet all their obligations, it shall be deemed that they do not wish to accept the prize, which means that the organiser is free of all obligations under this prize competition and shall be entitled to use the rejected prize for any other purposes. Prizes are not transferrable.
Prize competition privacy statement
The organiser of the prize competition shall protect all personal data received from the participants in accordance with the regulations governing the protection of personal data. The organiser may use the personal data obtained this way solely for the purposes for which they were obtained. Each participant in the prize competition agrees that the organiser may send them notifications regarding the organiser’s products. Each participant, their guardian or legal representative, may at any time revoke their consent for the use of personal data, obtained in a prize competition, for the purposes of direct marketing. The organiser of the prize competition reserves the right to organise the award ceremony as a public event. By participating in the prize competition, each participant agrees to having their name and address used in the organiser’s video, audio, and photographic material. The winner authorises the organiser to publish their personal data in the media and on the internet in order to inform the public about the results of the draw or the prize.
Publication of prize competition rules
By submitting their data via entry form on this page, the participants confirm that they have been made familiar with the rules of the prize competition and undertake to abide by them.
The provider reserves the right to set forth different or additional rules and terms for the prize competition. The provider shall publish these rules and terms and any participants shall be clearly and unambiguously made familiar with them before the start of the prize competition.
The provider uses suitable technological and software tools for the protection of the transfer and storage of personal data as well as payments. The online store is secured with an SSL certificate, issued by an organisation authorised to perform this task.
Credit card authorisations are performed in real time with immediate verification of data at banks. Card information is not stored on the provider’s server.
The buyer is responsible for verifying the information on the invoice and for informing the provider within eight (8) days of receipt of any errors. Any subsequent complaints about the correctness of the invoice will not be considered. The buyer’s credit card will be debited upon order confirmation. The funds debited from the payment card may differ from the amount indicated on our website due to surcharges and fees imposed by the card issuer (and/or card provider) during the transaction process.
We are not responsible for the fees related to fluctuations in exchange rates, the surcharges imposed by your bank, nor any other foreign transaction fees imposed by your card issuer if EUR is not the currency your card issuer uses to issue invoices.
Limitation of liability
The company does its best to ensure the information published on its website is up-to-date and accurate. Despite these efforts, the properties of the products, delivery times or prices may change before the company is able to amend the information on the website. In this case, the company shall inform the buyer of any changes and enable the user to withdraw from the agreement or replacement of the ordered product. The provider may withdraw from the agreement only if an obvious error (Article 46 of the Civil Code) is established. An error is considered to be obvious in the essential properties of the item and all errors that are considered critical according to the customs of the store or the intention of the customers and which the provider would not confirm or conclude the agreement under with prior knowledge. This also includes obvious price errors.
Exclusion of liability
We reserve the right to disable the website or disable access to it due to technical or other maintenance issues. This may include disabling use of the online store. In case of technical issues, we reserve the right to cancel submitted purchase orders affected by a technical issue. In such case, the users will be informed of the issue within the shortest possible time and will be presented with further steps. The user must ensure the proper protection of their equipment (i.e., antivirus software) before accessing the online store.
Complaints and disputes
The company complies with the current EU consumer protection legislation. The company does its best to fulfil its obligation to establish an effective system for handling complaints and appoint a person that the buyer can contact by phone or e-mail in case of issues. The complaint may be submitted by the buyer to the e-mail address email@example.com. The complaints procedure is confidential. The company shall confirm within five (5) business days that they have received the complaint, inform the buyer of its processing time and keep them updated on the progress of the procedure.
The company is aware that an essential feature of a consumer dispute, at least as far as litigation is concerned, is the gap between the economic value of the claim and the costs that arise during the settlement of the dispute itself. This is also a major obstacle that discourages consumers from bringing a dispute to court. Accordingly, the provider shall strive to reach a mutually amicable solution to any dispute.
In the event of court settlement, jurisdiction will be vested in the court of permanent residence of the consumer.
Out-of-court settlement of consumer disputes
The consumer may submit a request for dispute settlement to the body for out-of-court settlement of consumer disputes only after an unsuccessful prior attempt to settle the dispute directly with the provider of goods or services. The consumer must reside, and the company must be based in the European Union, Norway, Iceland, or Liechtenstein.
The platform for online dispute resolution is available to consumers here.
This regulation is derived from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
For all other queries please contact us via e-mail: firstname.lastname@example.org.