ONLINE SHOP GENERAL TERMS AND CONDITIONS

BEVO LLC, Slamnikarska 4, 1230 Domžale, Slovenia (EU), registration number: 8458740000, VAT (tax) number: SI 22662588

BEVO LLC is engaged in the development, production and sale of vegan food.


1. General terms and conditions
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1.1. General conditions of business (hereinafter referred to as "general terms and conditions") of BEVO LLC (hereinafter referred to as "the Company") are an integral part of all contracts between the Company and the purchasers of products or services (hereinafter also referred to as "clients") operating with the Company.
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1.2. The provisions of the General Terms and Conditions apply also to all offers, legal statements, and other services arising from the operations between the Company and the client.
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1.3. The present General Terms and Conditions have been drawn up in accordance with the Slovenian Consumer Protection Act (ZVPot), the General Data Protection Regulation (GDPR), the Personal Data Protection Act (ZVOP-2), the Act on the Protection of Consumers against Unfair Commercial Practices (ZVPNPP), the Act on the Out-of-Court Settlement of Consumer Disputes (ZIsRPS) and the Act on Electronic Communications (ZEKom-1).
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1.4. Use of terms: 
- The client is a natural or legal person who is in a legal relationship with the Company, regardless of its legal or status form.
- The consumer is any party who is a natural person and acquires or uses the products of the Company for personal purposes or for purposes outside his professional activity. 
- An offer is a general term for an offer in a variety of forms, such as pro forma invoices or other forms of proposal for the conclusion of a contract that the Company communicates with the client.
- The contract is a written agreement between the Company and the client. An offer or a pro forma invoice, which the Company sends to the client and is accepted or confirmed by the client, is also considered to be a contract. The subject General Terms and Conditions are an integral part of each contract.
- The subject of the contract refers to Products, which are all products from the sales catalogue of the Company.
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1.5. The transmission theory shall apply to informing the client of the delivery, conclusion, withdrawal, or modification of the contract, and any other information. This means that the date of the party's notification is the date on which the Company sends the notice by means of a communication medium.
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1.6. The Company shall inform the client via email.
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1.7 The Company undertakes to provide the following information on its website at all times:
- the identity of the company (name of the company, registered office, registration and tax number, details of registration in the register, indicating the register and the registration number)
- Contact details (e-mail address, telephone number)
- Information on the basic characteristics of the products (including information on repurchase services and warranties)
- Information on the deliverability of the products
- Delivery terms (method, location and date of delivery)
- Prices unambiguously stated, including information on additional tax and transport costs
- Payment and delivery methods
- Period of validity of the offer
- Conditions and time limits for withdrawal from the contract
- Acknowledgement of liability for material defects 
- Details of the complaints procedure
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1.8 The Company undertakes not to impose any contractual terms that are unfair to the consumer, in accordance with the provisions of the Consumer Protection Act. Unfair contract terms are null and void.
 
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2. Use of General Terms and Conditions
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2.1. The general terms and conditions are preferential; therefore, they completely replace the missing, different, and contradictory contractual provisions between the Company and the client.
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2.2. The subject General Terms and Conditions shall replace any general terms and other documents of the client unless the application of the subject General Terms and Conditions is explicitly excluded in writing by the Company.
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2.3. The General Terms and Conditions herein constitute an integral part of the contracts concluded between the client and the Company. By concluding a contract the client agrees fully with the content of the subject General Terms and Conditions and confirms that he/she is fully acquainted with the content of the subject General Terms and Conditions. 
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2.4. These General Terms and Conditions are accessible on the website at http://www.juicymarbles.com/eu/terms-and-conditions. General Terms and Conditions are also available in physical form at the company's business address.
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2.5. Placing a valid order in the Company’s online store is considered concluding a contract.
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2.6. The General Terms and Conditions are binding on the consumer only if the consumer has been explicitly notified of their existence before the conclusion of the contract or offer.


3. Changes to General Terms and Conditions
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3.1. If the General Terms and Conditions are changed, the changes will be binding on the client the day the client becomes aware of them.
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3.2. The client is deemed to be aware of changes to the general terms and conditions at the time the change is published on the website and upon confirmation of the placed order.With this, the client is deemed to be agreeing with the changes to the General Terms and Conditions. 
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3.3. A client who does not agree to the changes to the General Terms and Conditions shall, within 2 days of becoming aware of the changes, submit to the Company a written statement of disagreement. If the client does not communicate its disagreement with the changes to the General Terms and Conditions within the specified time limit, it shall be deemed to be agreeing to the changes. If the Client declares that he or she does not agree to the changed general terms and conditions, the Company shall have the right to withdraw from the Contract. 
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3.5. In the event that any provision in the contract or General Terms and Conditions would be invalid or unenforceable, or if a legal vacuum would arise, this does not affect other provisions of the contract or General Terms and Conditions, with the contracting parties agreeing that instead of invalid, unenforceable, or non-existent provisions, the provision closest to the purpose of the contract shall apply.
 
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4. General provisions
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4.1. The client is obliged to inform the Company of any information and facts that are relevant for the establishment and continuation of the legal relationship between the client and the Company (change of residence or registered office, change of ownership or legal organizational form, insolvency, etc.),
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4.2. The company collects certain personal information from clients. The types of personal data, the purpose of their processing, and the legal basis for processing are governed by the Privacy Policy, which is an integral part of the General Terms and Conditions. Clients can become acquainted with the provisions of the Privacy Policy  at https://www.iubenda.com/privacy-policy/40957350.
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4.3. All specifications and information relating to the weight, dimensions, price, volume, technical or other information included in catalogues, offers, advertisements, photographs, price lists, or other similar forms are considered only as informative guides and are not necessarily accurate and binding. These pieces of information do not in any way constitute a binding offer for the Company. The client cannot rely on these forms of records or advertisements, but can only rely on the information contained within an individualized offer or contract.
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4.4. The company reserves the right to change the specifications or information described in the previous article, without prior notice to the client, and with the specifications and information being binding only if contained in the contract.
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4.5. These Terms and Conditions are drawn up in English, and the English language shall control their interpretation. By accepting these Terms and Condition the client acknowledges that he/she/they understand the English language and have accepted these Terms and Conditions as such.
 
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5. Prices
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5.1. The prices displayed on the Company's website can be changed without prior notice.
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5.2. Prices are binding from the moment the Company sends an email to the client regarding the confirmation of the order. In the event that the price information is incorrect or the prices change during the processing of the order, the client has the right to withdraw from the contract.
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5.3. The prices quoted in the Company's price list are inclusive of VAT. The Company will provide the Consumer with the final price, which will be inclusive of VAT, prior to the conclusion of the Contract.
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5.4 The Contract between the Company and the client shall be saved electronically and stored on the Company's server following the successful placement and confirmation of an order. The Contract shall be accessible to the Customer upon written request.
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5.5. In the case of product delivery, standard packaging is included in the price of the product. The transport costs of the products can be additionally charged by the Company at the price specified in the price list.
 
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6. Payment methods
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6.1. The Company enables the following payment methods:
- Payment to the company's bank account via the PayPal app
- Payment via Stripe with debit or credit card payment (MasterCard, Visa, etc.)
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6.2. The security of personal data and payments is in the domain of payment service providers. For all the rest, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
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6.3 If the Client selects the option of payment by debit or credit card and makes payment, cancellation of the order is not possible thereafter. A refund of the purchase price is only possible if the product has not been delivered to the client due to an error on the part of the provider.
 
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7. Invoicing
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7.1. The Company sends the client an invoice for the ordered products to the email address indicated by the client upon making the purchase on the Company's website. The contract is available to the client upon written request.
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7.2. It is the responsibility of the client to review all the information and specifications of the order before placing the order. Subsequent objections to the irregularity of the issued invoices are irrelevant.
 
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8. Ownership
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8.1 All records, deeds, and other documentation relating to the subject matter of the Contract shall be and remain the property of the Company after the Contract has been entered into, unless the Company has given written permission for the use of such material. In the event that the Company gives its consent to the use of such documentation, the client undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting, and other forms of exploitation without the written consent of the Company are prohibited. The client agrees and expressly acknowledges that the said documentation constitutes a trade secret of the Company.
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8.2 Unless otherwise agreed in the Contract between the Company and the client, the Company retains ownership, copyright, and related rights in all documents required or provided in connection with the conclusion and/or performance of the Contract.
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8.3 The Company is the owner or licensee of all intellectual property on the Website. For this reason, it may not be used for commercial purposes. If the Company determines that the client has used intellectual property owned by the Company without permission, the Company may prohibit the client from using the Website and the client shall return or destroy any materials produced by the client as a result of that infringement.
 
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9. Confidential information 
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9.1. Contracts entered into by the Company and the client represent confidential information. Any information that the Company provides to the client prior to the conclusion of the contract, such as different manuals, instructions, tables, price lists, business or financial information, etc., is also considered confidential information. The Client undertakes to keep Company's confidential information private for the duration of the contractual relationship and for 5 years after the expiration of the contractual relationship. In the event of a breach of the subject provision, the client shall be held liable according to applicable civil and criminal law.
 
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10. Limitation of Liability
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10.1. Product properties, delivery deadlines, or prices can change so quickly that the company fails to adapt the data in the online store. In such cases, the Company will notify the buyer of the changes and allow it to withdraw from the order or replace the ordered item.
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10.2. Photos do not provide any guarantee of product features. The company strives to provide accurate photographs of sale products, but all photographs should be taken as symbolic.
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10.3. The company reserves the right to temporarily disable access to the website in case of technical problems or maintenance work. In the event of technical difficulties, the Company reserves the right to cancel all orders placed during the period of the occurrence of the technical problems. In such cases, the Company will immediately inform the client of the technical difficulties and provide instructions on further procedures. Before visiting the Company's website, the client must, at his own risk, ensure the security of his technical equipment for accessing the website and the security of usernames and passwords on the website.
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10.4. The company reserves the right to withdraw from the contract or the fulfillment of the contract in cases where the ordered products are no longer available, if the increased payment risk of the buyer is detected, if the order form has not been submitted correctly according to the General Terms and Conditions or if there is a manifest error in the price list. In all such and similar cases, the Client will be informed immediately of any withdrawal from the contract on the part of the Company.
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10.5. The company reserves the right to withdraw from the contract if a substantial error is found on its part, according to applicable law. This includes obvious price mistakes.
 
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11.1. Complaints and dispute resolution
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11.1. The law of the Republic of Slovenia shall apply exclusively to the interpretation of these terms and conditions or contracts concluded between the company and the client.The contracting parties undertake to resolve all disputes in a peaceful manner, and, in the event of the exhaustion of all extra-judicial channels for reaching an agreement, the dispute shall be settled by a court of competent jurisdiction in the Republic of Slovenia in relation to the place of Company's registered office.
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11.2. According to the statutory regulation, the company does not recognize any out-of-court settlement of consumer disputes institution as competent for resolving consumer disputes that the consumer may initiate in accordance with the Law on out-of-court settlement of consumer disputes.
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11.3. The company provides an online platform for consumer disputes, which is accessible here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
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11.4. The company provides an efficient and confidential system for dealing with complaints. The complaint must be submitted via email to support.eu@juicymarbles.com.
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11.5. Within 5 working days from the receipt of the complaint, the company will confirm the receipt of the complaint and inform the client about the course and duration of the appeal procedure. 12. Contract Withdrawal
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12.1 In the event of a breach by the Customer of the provisions of the Contract or these General Terms and Conditions, the Company shall be entitled to withdraw from the Contract without further notice to the Customer. In such an event, the Company shall refund any amounts paid to the Customer's transaction account.
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12.3 The Company shall have the right to withdraw from the Contract if the Customer fails to fulfill its obligations, if the Customer provides the Company with untrue information that makes it difficult or impossible to fulfill the Contract and if the Customer fails to pay its obligations in accordance with the Contract and these General Terms and Conditions.
 
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13. Order placement procedure
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13.1. On the website, the client can select the "add to cart" option by clicking on it. The system then issues a notice of the successful addition of the product to the cart of the products that the client wishes to purchase. Once the system records the added product in the cart, the client can either return to the store's product list by clicking on the appropriate button or proceed with the payment process.
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13.2. If a client wants to remove a particular product from the shopping cart, they can click on the shopping cart icon (top right corner of the homepage) to access the added products, and by clicking the "trash" icon (button), it will remove the selected product. If a client wants to add new products to the shopping cart, they can do so by clicking on the "continue shopping" button and repeating the process from the previous article of these General Terms and Conditions.
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13.3. After confirming the shopping cart with the selected products, the system redirects the client to the form with the client's data. In order to execute the order, the client must fill in all the fields (except for any optional information specified as such). The system allows the client to save the provided data in the client profile for future orders.
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13.4. The client can choose between the above-mentioned payment methods.
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13.5. In the event that the client holds a promotional code or a coupon from the Company, they can use it by indicating it in the appropriate field when submitting the order.
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13.6. The client may choose a delivery provider if one is available.
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13.7. Before submitting the order, the client can check all the indicated information regarding the order, as the system prints out all the entered information after the successful confirmation of all previous stages of the procedure. The client confirms the order by clicking on the "place an order" button. In the event that the order is successfully processed, the system prints out the order identification number.
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13.8. After the successful submission of the order, the client receives a message confirming the receipt of the order at his or her email address.
 
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14. Delivery terms
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14.1. For orders (within the territory of the EU, EEA, and UK), the costs of packaging and delivery are included in the price of the products.
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14.2. In the event that the company cannot dispatch the products within the indicated period due to unpredictable reasons, the Company informs the client about the new delivery period via the provided contact information.
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14.3. In any case, the company will not be liable for the non-supply of products for reasons beyond its control (e.g., reasons on the part of the supplier, delivery service provider, etc.). 
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14.4. In the event that the client does not receive the ordered products within the agreed period, the client must contact the Company and set an additional period for the fulfillment of the obligation. If the Company does not supply the products or does not fulfill its obligation within the additional period, the client may withdraw from the contract and request repayment of the already paid amounts for the purchase of the products.
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14.5. The Company is not responsible for the delay or non-delivery of products in the event of force majeure, according to applicable law.
 
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15. Taxes and import duties (applicable only to clients and customers outside the EU).
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15.1. Import duties, taxes, and charges are not included in the product price or delivery cost. These charges are the clients' and customers' responsibility.
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15.2. Please check with your national customs office to determine what your additional costs will be prior to buying.
 
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16. Acceptance of products
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16.1. In the case of delivery of products through partner delivery service providers, the client is obliged to carry out the acceptance of products in accordance with the terms of the delivery service provider.
 
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17. The Refund and Return Policy
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17.1. The consumer has no right to withdraw from the order ("cooling off period") in accordance with the exceptions provided by EU consumer protection regulation because the order involves the supply of sealed products that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
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17.2. After confirming the receipt of the order, it is not possible to change the content of the order or the final amount of the order, except exceptionally with the approval of the Company.
 
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18. Liability for defects in products
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18.1. Company undertakes to reimburse the price paid or to replace, repair, or service products in any way if they do not meet the specifications or any other requirements not related to conformity set out in the product description or in the relevant advertising available at the time of, or before, the conclusion of the contract ("defects").
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18.2. The company is responsible for the defects that the products had when the risk of accidental destruction or damage was passed on to the client. The transfer of risk to the client usually takes place at the time of product acceptance.
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18.3. A product has a defect if:
- if the product lacks the characteristics necessary for its normal use;
- if the product does not have the characteristics necessary for the particular use for which the client is buying it, which was known or ought to have been known to the company;
- if the product does not possess the qualities and characteristics which were expressly or tacitly agreed or prescribed;
- if the company has handed over a product which does not correspond to a sample or model, unless the sample or model was shown for information purposes only.
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18.4. The client is obliged to review the products and identify possible defects and record them as soon as possible. Otherwise, the Company does not take into account defects that are not hidden and that were known or should have been known to the client at the time of the review of the subject of the contract.
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18.5. The client is obliged to notify the Company of obvious material defects immediately after the due review, within 48 hours of receipt, and as soon as the  defect is actually discovered; otherwise, the Company shall not be held liable for such defects.
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18.6. The client is obliged to notify the Company of the defect within two months from the day the error was discovered.
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18.7. The company is liable for defects that appear within six months from the delivery of the product, and in the case of Client contracts, within two years from the date of delivery of the product.
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18.8 After notifying the Company of the defect, the Client must allow the Company to inspect the product and describe the defect in more detail in the defect notice.
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18.9. The company does not take into account any minor or insignificant defects.
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18.10. If the Company establishes the existence of a defect in accordance with the timely and correct notification of the Client, the Client shall have the right to require the Company to:
- remedy the defect; or
- return a proportion of the amount paid in proportion to the defect; or
- replace the defective product with new faultless product; or
- a refund of the amount paid.
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18.11. The Company guarantees that, with regard to the subject of the contract, no third party has a proprietary, copyrighted, or industrial property right that would exclude, reduce, or restrict the rights of the client. The Company guarantees that these rights are protected by the contracts that the Company has with its contractual partners.

These General Terms and Conditions are valid from 1.1.2023.