Tykhe d.o.o., Stantetova 32, 3320 Velenje, SLOVENIA (hereinafter: Tykhe or the company or provider or personal data controller) ensure the protection of your personal data and guarantees safety throughout the business interaction.
All our online activities, connected to the collection and processing of data, are in accordance with European legislation (Regulation (EU) 2016/697 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (The EU General Data Protection Regulation (GDPR)) and Treaty Conventions ETS 108, ETS 181, ETS 185, ETS 189) and national legislation of the Republic of Slovenia (Personal Data Protection Act (ZVOP-1, Ur. l. RS, no. 94/07), Electronic Commerce Market Act (ZEPT, Ur. l. RS, no. 96/09 in 19/15) etc.).
Controller and authorised person for data protection
The personal data controller is the company Tykhe d.o.o., Stantetova 32, 3320 Velenje, Slovenia.
At Tykhe, there is an authorised person in charge of data protection that is available at the following e-mail address: email@example.com.
Personal data or personal information is all information by which an individual can be identified (such as name, surname, e-mail address, telephone number, etc.).
The controller is a legal entity that determines the purposes and means of processing personal data.
The processor is a legal or private individual who processes personal data on behalf of the controller.
Processing is the collection, storage, access and all other forms of use of personal data.
EEA is the European Economic Area, which consists of all members of the European Union, Iceland, Norway and Lichtenstein.
Personal data is a piece of information that identifies you as an individual. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The provider, according to purposes as defined in this policy, collects the following personal data:
- basic data about the user (name, last name, residential address, date of birth, location),
- contact information and information about the user’s communication with the provider (e-mail, phone number, date, time and content of the mail or e-mail communication, date, time and duration of phone calls, recording of phone calls), channel and campaign – manner of acquirement or the source through which the user came into contact with the provider (website and advertising campaign, call centre, physical shop)
- data about all the user’s purchases and issued invoices (date and place of purchase, purchased products, prices of purchased products, total purchase value, manner of payment, delivery address, number and date of the invoice, code of the person who issued the invoice, etc.) and data about resolving reclamations of products
- data about the user’s usage of the provider’s website (dates and times of visits, visited pages or URLs, time spend on individual pages, the number of visited pages, total time spent on the website, settings modifications on the website) and data about the user’s use (reading) of received messages (e-mail, SMS) from the provider.
- data from forms that the user has voluntarily filled out, e.g. within prize games or using configurators for identifying the optimal products for the user’s needs;
- other data that the user voluntarily provides to the controller when they are required for specific services.
The controller does not collect personal data unless you enable it or consent to it, for example, when ordering products or services, subscribing to an e-mail newsletter, taking part in a prize game, etc., or when there is a legal basis or a legal interest by the controller for data processing.
The controller only collects the data that is relevant and necessary for the fulfilment of the purposes for which the data is processed.
The period of data for which the provider stores collected data is further defined in the chapter “Storing personal data” of this Policy.
The legal basis for data processing
The provider collects and processes your personal data based on the following legal grounds:
- Law-based processing
- Contract-based processing
- Processing based on the individual’s consent
- Processing on the basis of legitimate interest
Information is collected when it is necessary for entering into, executing and fulfilling contractual obligations. In this case, providing personal information is voluntary.
If you choose to not provide the company with the necessary personal data, you cannot enter into a contract with them, nor can the company provide the services or supply of products, as the company lacks the information necessary to fulfil the contract.
Processing based on the individual’s consent
Data is processed only with your explicit consent. When processing is subject to consent, we will first make sure that you have all the necessary information needed for making a decision. You can withdraw your consent at any time. If you withdraw consent, the company may not be able to provide you with their services or products.
Processing on the grounds of legitimate interest
The provider can process data on the grounds of legitimate interest for which the provider is striving, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. When using legitimate interest, the provider always makes a judgement in accordance with the General regulation on data processing.
When processing data on the grounds of legitimate interest, the user has the right to object to the data processing. You can read more about your rights below.
We process your personal information when we are required to do so by the law that binds us (for example, tax law mandates the retention of invoices). We process the needed information in accordance with the requirements of the law.
The purpose of data processing
The company collects and processes data for the following purposes:
|Purpose of data processing
|Communication regarding services or responding to requests
|Notices to users, responses, resolving complaints, completing satisfaction surveys, etc. Processing is carried out on the basis of a legitimate interest in ensuring effective communication and successful transactions.
|Entering agreements and the execution of obligations based on the contract
|Entering and executing the contract with the provider, including the provider’s fulfilment of your orders (supply of products and provision of services), communication with you, verification of your payments and fulfilment of other obligations of the provider and/or your obligations. We process personal information on a contractual basis and a pre-contractual relationship.In the event that you do not provide us with all the information necessary for the execution of the contractual obligations, we reserve the right to suspend or cancel the order.
|Directly informing customers of special offers, discounts and other content via email or SMS.
|At Tykhe d.o.o., Pursuant to ZEKom-1 (Electronic Communications Act of the Republic of Slovenia, implemented pursuant to Directive 2002/58 / EC of the European Parliament and of the Council of 12 July 2002), we inform our customers of our products, services and contents. You may at any time request the discontinuation of such communication and processing of personal data (right of objection).You may terminate such communication at any time via the unsubscribe link in the inbox, or by a written request to the e-mail address firstname.lastname@example.org, or by using the following form, captainmint.com/contact. In this case, we process your information based on law.
|Direct contact about special offers and other content via e-mail
|Based on your consent, we will notify you of your products, services, discounts and content via e-mail.You may at any time request the discontinuation of such communication and processing of personal data by withdrawing consent.You can withdraw your consent at any time through the contacts listed on captainmint.com/contact.
|Direct contact about special offers and other content via phone calls and regular mail
|Based on customer consent, we also periodically inform customers about our products, services, discounts and content by telephone and regular mail.You may at any time request the discontinuation of such communication and processing of personal data by withdrawing consent.You can withdraw your consent at any time through the contacts listed on captainmint.com/contact.
|General statistical processing of data about buyers and their orders and potential buyers (contacts) for the purposes of internal analyses of sales, repeated purchases, aggregate buyers’ behaviour, advertising and business optimisation
|At Tykhe d.o.o., we conduct general statistical processing of data about buyers and their orders, as well as potential buyers (contacts). Based on this processing we conduct internal analyses of sales, repeated purchases and aggregate buyers’ behaviour and monitor and optimise our business efficiency and optimise our advertising, e.g.:monitoring sales through our sales channels (internet, stores, call centre),monitoring the number of buyers who make repeated purchases, the time span and the value of the purchases,monitoring general statistical sales data like average shopping cart value, number of products per order and similar,monitoring responses to e-mail, SMS, phone calls and various advertising messages (TV, radio and online advertising) in order to optimise advertising (decisions about what, where, to whom and how we advertise)This type of statistical monitoring allows us to optimise our business and advertising in general and allows us to offer affordable products and services to users. This processing of personal data is based on the legitimate interest of the company to provide quality services and products to users.
|Access to your past purchases and other data by Tykhe call centre and stores consultants with the purpose of providing better services and offers
|When you place a call to our call centre (or our outbound call to you) or if you visit our store (if and when you independently identify yourself), our consultants will have access to your stored personal data and purchase history, based on which they will be able to provide better services and more relevant offers.This data processing is based on a legitimate interest of the company. If you do not want this data to be collected, you can stop this type of data processing at any time by sending us a written request to our e-mail address email@example.com or by filling out the following form captainmint.com/contact.
|Processing data about unclaimed remote orders with the purpose of fraud prevention
|At Tykhe d.o.o., we process data about sent and unclaimed remote orders based on our legitimate interest. By doing so, we determine if and which buyers disproportionately remotely order products with payment on delivery option and then do not claim these products, causing us business damage, which we wish to prevent.When we identify such buyers, we disable payment on delivery option for them, but they can still order products with immediate advance payment by pay cards or PayPal.
|Automated e-mail communication with the user based on her or his start of the online purchase process
|At Tykhe d.o.o. company, based on our legal interest, we occasionally send reminder e-mails to potential buyers that have put products into their shopping cart but never completed the purchase, with the purpose of reminding them to complete the purchase or offering them help or information in regards to doing so.You can stop this type of data processing at any time by either sending us a written request to our e-mail address firstname.lastname@example.org or by filling out the following form captainmint.com/contact.
|Basic customised communication (through e-mail, SMS, phone calls, mail, browser notifications, information at websites, social networks), with discounts, orders and content.
|Within the basic customised communication (through e-mail, SMS, phone calls, mail, information at websites, social networks) we try to present relevant offers, discounts and other content that might be of interest to you, based on your past interactions with us.For this, we use the following data about you:demographic data (gender, age)history of purchases (products purchased, number of purchases),simple processing of your behaviour at Tykhe websites (viewing individual products or content that may trigger sending of customised messages), without the use of these data for user profilingDuring this process we do not use any type of automated or semi-automated profiling, we only collect suitable user sets for individual messages. We never focus on individual user’s data, we only conduct aggregate processing of large groups.What messages you get from us is dependent on this data.You can stop this type of data processing at any time, either by clicking the unsubscribe link in received messages, by written request sent to this e-mail address email@example.com or by filling out the following form: captainmint.com/contact.
|Using the Facebook Custom Audiences advertising tool
|We at Tykhe d.o.o. use the Facebook Custom Audiences service. We use it based on the acquired agreement to communicate through customised offers and content based on the user’s profile.The service functions in the following way:We upload the e-mail address that we acquired from you through your purchase or you provided it voluntarily, to Facebook.Facebook conducts a comparison between your e-mail address and its user database and determines whether you are a Facebook user.If you are not a Facebook user, then nothing further is done with your e-mail address and Facebook conducts no activities with it.If you are a Facebook user, Facebook will add you to a newly created list of custom audiences that will allow us, and only us, to show this group of users customised advertisements on Facebook.Based on this, we can show you ads that are more targeted and customised to you, as well as extra discounts.This type of data processing can be stopped at any time by either sending us a written request to our e-mail address firstname.lastname@example.org or by filling out the following form captainmint.com/contact.
|Use of an online account and access to GDPR information
|We process your personal data in order to provide access to your user account, which allows you to access your personal information and regulate the consent given. You can also access past order information. We process personal information on the basis of legitimate interest.
|Communicating custom offers and content based on your user profile
|Based on consent, the provider can personalise the communication which is carried out through various communication channels (e-mail, phone calls, mail, browser notifications, website information, social networks).We want to present you with the best possible offers and content tailored to your needs, which is why we use your profile as the basis for personalised communication.We may use the following information for this purpose:Demographics (gender, date of birth, age, address)Purchase history (products, purchase time, number of purchases)Answers in questionnaires on Tykhe websitesBehaviour on Tykhe websites (views of products or content, adding products to the shopping cart, online transactions)Your responses to the messages we send you (opening messages, clicking on links, buying)Based on this user profile, it may then affect the content and offers you receive from us:Presenting products and content (detox, weight loss, healthy eating) that will be of maximum interest to youWhat offers you receive (Tykhe customers with more purchases or more frequent purchases can get better deals)How often we send you messages and through what channelsIf you wish to revoke your consent at any point, you can terminate this data processing at any time via the unsubscribe link in your inbox or by sending a written request to email@example.com or by using the following form captainmint.com/contact.If you want access to non-personalised e-mails, you can subscribe to non-personalised informing here captainmint.com/contact.
|Legal claims, rights protection and dispute resolution
|Data collection for the stated reason occurs in accordance with the law.
|We collect your information in order to fulfil our legal obligations, e.g. saving invoices for tax purposes. We process your data only to the extent necessary to comply with legislation.
Storing personal data
The provider will store your personal data only for the time necessary to realise the purpose for which the personal data was collected and further processed.
The personal data that are being processed on a legal basis the provider stores for the time period defined by law.
The personal data that are being processed based on a contract with the individual, the provider stores for the duration of the contract and 5 years after its expiration, unless there has been a dispute about the contract between the user and the provider. In this case, the provider stores data for 5 years after the finality of the court or arbitrary ruling or settlement or, if there was no judicial dispute, 5 years from the day of an amicable settlement.
The provider stores the data that are processed based on personal consent, until the revocation of such consent from the user. The provider deletes these data before objection only when the purpose of storing data had already been fulfilled.
After the end of the period of personal data being stored, the controller effectively and permanently erases or anonymises the personal data so that they cannot be linked to an individual.
Detailed overview of the deadlines for data storing are listed in the table below:
|Purpose of data processing
|Time period of data being stored
|Communication regarding our services or responding to requests
|6 months from the end of the communication
|Conclusion and fulfilment of obligations arising from entering a contract
|5 years from the execution of the contract
|Directly notifying customers about special offers, discounts and other content via e-mail or SMS
|Directly notifying customers about special offers, discounts and other content by phone or regular mail
|Access to past orders and other information by customer support consultants in order to provide a better service
|Processing data on undelivered parcels with the purpose of fraud prevention
|5 years from the start of processing
|Automated e-mail communication with the user based on the beginning of the online buying process
|Basic personalised communication (e-mail, SMS, phone calls, mail, browser notifications, website information, social networks) with personalised offers and content
|Facebook Custom Audiences Advertising Tool
|Using an online account
|Access to specific information on the website
|Market communication using user profiles
Contractual processing of personal data
Contractual processors that the controller transmits personal data are:
- an accounting service, law firms and other providers of legal counsel;
- providers of data processing and analytics;
- maintenance of IT systems,
- e-mail marketing services (e.g. MailChimp);
- providers of payment systems (e.g. Ayden, PayPal, PayU, Klarna, Sofort, Multibanco, dotPay and others);
- providers of systems for managing customer relations (e.g. Microsoft);
- providers of solutions for online advertising (e.g. Google, Facebook)
The provider will not forward your personal information to third unauthorised parties.
Contractual processors can only process personal data within the framework of the controller’s instructions and must not use it to pursue any interests of their own.
The controller and recipients of personal data do not transmit personal data to third countries (outside of member countries of the European economic area – members of EU and Iceland, Norway and Liechtenstein) and to international organisations, except the USA – all contractual processors in the USA are in the Privacy Shield programme.
Freedom of choice
You are in control of any information you give out about yourself. If you decide you do not wish to share your data, we may not be able to provide you with certain services.
Individuals that wish to unsubscribe from the e-newsletter, please notify us through our e-mail address firstname.lastname@example.org. If there are any changes to your personal information (zip code, e-mail address, physical address, phone number), please notify us through our e-mail address email@example.com.
Automatically recorded information (non-personal information)
Whenever you visit our website, the general, non-personal information (browser users, number of visits, the average duration of the visit, pages visited) are being automatically recorded (not as a part of registration). This information is used to measure the attractiveness of our website and to improve the content and usability. Your information is not subject to further examination and is not disclosed to a third party.
The provider is strongly committed to ensuring personal data security. Your data is, at all times, protected from loss, destruction, falsification, manipulation and unauthorised access and unauthorised disclosure.
In order to protect personal data, we take organisational and technical measures, such as:
- Employee education
- Supervision of employees and regular reviews of individual employees
- Careful selections and overview of contractors
- A backup of electronically stored data
- Regular maintenance and updating of technical equipment
- Adopting appropriate internal policies and instructions for the protection of personal data
Consent of a minor in relation to the services of the information society
Minors under 16 years of age should not transmit any personal data to websites without the permission (consent or approval) of a parent or a legal guardian. The provider will never knowingly collect personal information from minors (under 16 years of age) or in any way use or disclose them to an unauthorised third party without their parent’s or legal guardian’s permission.
The above does not affect the general law of contract of member states, like regulations about validity, drawing up or effects of the contract regarding minors.
Bearing in mind the available technology, the provider will show reasonable efforts to verify that a parent of a legal guardian gave or approved consent.
Rights of the individual regarding data processing
As an individual, you have the following rights regarding fair and transparent processing, based on regulation:
The right to withdraw consent: if you have, as an individual, consented to the processing of personal data (for one or more purposes), you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.Consent can be withdrawn through a written statement that is sent to the provider to one of the contacts at the provider’s website captainmint.com/contact.
Withdrawal of consent for personal data processing has no negative consequences or sanctions for the individual. However, it is possible that the controller may not be able to offer one or more of its services after the withdrawal of consent if those services cannot be performed without personal data (e.g. the benefit club or customised communication).
The right to access personal data: as an individual, you have the right to obtain confirmation from the provider (the processor of personal data) as to whether or not your personal data are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing, the categories of personal data concerned, its users, the period for which the personal data will be stored, or the criteria used to determine that period, the right to request rectification or erasure of personal data or restriction of or objection to the processing of personal data, the right to lodge a complaint with a supervisory authority, the source of the data if the data were not collected from you, the existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you, in accordance to Article 15 of GDPR.
The right to rectify personal data: as an individual, you have the right to obtain from the provider without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement;
The right to deletion of personal data (“the right to be forgotten”): you have the right to obtain from the provider without undue delay the deletion of your personal data when one of the below reasons exists:
(a) the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed,
(b) you have withdrawn your consent, and there is no legal basis for further processing,
(c) you have objected to the processing of your personal data, and there are no overriding legitimate grounds for the processing,
(d) your personal data have been unlawfully processed,
(e) ) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the provider is subject,
(f)the personal data has been collected in relation to the offer of an information society.
As an individual under certain circumstances, as defined in Article 17, paragraph 3, you do not have the right to data deletion;
The right to restriction of processing: as an individual, you have the right to obtain from the provider restriction of processing where one of the following applies:
(a) you contest the accuracy of the personal data for a period enabling the provider to verify the accuracy of the personal data,
(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead,
(c) the provider no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims,
(d)you have objected to processing pending the verification whether the legitimate grounds of the provider override yours;
The right to data portability: you have the right to receive the personal data concerning you, which you have provided to the provider, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the provider to which the personal data have been provided, where:
(a) the processing is based on consent or on a contract; and
(b) the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have your personal data transmitted directly from one controller (provider) to another, where technically feasible;
The right to object to data processing: as an individual, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the provider (Article 6 (1), point (e) of GDPR), the processing is necessary for the purposes of the legitimate interests pursued by the provider or by a third party (Article 6 (1) point (f) of GDPR), including profiling based on the data; the provider shall no longer process your personal data unless the provider demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing; where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
Where data are processed for scientific or historical research purposes or statistical purposes, you have the right, on grounds relating to your particular situation, to object to the processing of your data, unless it is necessary for the performance of a task carried out in the public interest;
The right to lodge a complaint with a supervisory authority: without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes data protection regulations.
Without prejudice to any other administrative or non-judicial remedy, you have the right to an effective judicial remedy, against a legally binding decision of a supervisory authority concerning it, as well as where the supervisory authority which is competent does not handle a complaint or does not inform you within three months on the progress or outcome of the complaint lodged. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
The individual may address all her or his requests regarding personal data in written form to the provider, through one of the contacts at the website https://captainmint.com/contact.
In order to ensure reliable identification in case of a user exercising his or her rights regarding personal data, the provider may request additional data from the user and shall not refuse to act on the request of the individual, unless the provider demonstrates that it is not in a position to identify the user.
The provider must, by user’s request to exercise his or her rights in regards to data processing, provide information without undue delay and in any event within one month of receipt of the request.
Notifying the supervisory authority of personal data breach
In the case of a personal data breach, the provider is obligated to notify the supervisory authority without undue delay, unless the provider is able to demonstrate that the data breach is unlikely to result in a risk to the rights and freedoms of individuals. When there is a suspicion of a criminal offence, the provider is obligated to notify the police and/or prosecutor.
In the case of a breach that is likely to result in a high risk to the rights and freedoms of natural persons, the provider is obligated to notify the individual immediately or, if that is not possible, without undue delay. The notification should be in clear and comprehensible language.
Social media access
Through our website, you can access the following web pages, which the provider utilizes in their work:
The privacy policies are available at the links below:
- Instagram https://help.instagram.com/519522125107875
- Facebook: https://www.facebook.com/about/privacy/
- Youtube: https://policies.google.com/privacy?hl=en
Publishing of changes
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 Captain Mint brand (hereinafter referred to as the “Online Store”) is managed by Tykhe d.o.o., an e-commerce operator (hereinafter referred to as the “Seller”).
Registration number: 8441413000
Identification number for VAT: SI 50999664
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 GLS/Parcelforce 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);
- Cash on delivery
All prices of the Online Store are listed in EUR 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 firstname.lastname@example.org. 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 sending us an email at email@example.com. 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 DHL Supply Chain, Early Learning Centre, Danes Way, Northampton NN6 7GX; more information at: chat support on the website) 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) and/or packaging to DHL.
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, Tykhe 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, Tykhe 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 Tykhe d.o.o. CEO, Daša Lesjak, in Izola, 06.05.2022.
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