GENERAL TERMS AND CONDITIONS OF OPERATION OF THE WEBSITE:vibrantlongevity.com  

The General Terms and Conditions of the provider: vibrantlongevity.com are drawn up in accordance with the provisions of the Act on Preventing Black Labour and Employment (Official Journal of the Republic of Slovenia, No. 32/14, 47/15 - ZZSDT, 43/19 and 121/21 - ZJN-3B), the Consumer Protection Act (Official Journal of the Republic of Slovenia, No. 130/22), the Act on Electronic Commerce on the Market (Official Journal of the Republic of Slovenia, No. 96/09-UPB2, 19/15, and 189/21 - ZDU-1M), the Act on Out-of-Court Settlement of Consumer Disputes (Official Journal of the Republic of Slovenia, no. 81/15) and Regulation (EU) 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on the nationality, place of residence or place of establishment of customers in the internal market (OJ L 60I, 2.3.2018, p. 1-15), the Code of Obligations (OZ, 97/2007-UPB1) and the international e-commerce codes. The Privacy Policy, which complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("GDPR"), can be found here.

The online shop: vibrantlongevity.com (hereinafter also referred to as "the Shop") is operated by the Company: Vibrant Longevity d.o.o., registration number: 9356649000, tax number: SI16077938, address: Javorje 52B, 6243 Obrov PE: Mestni trg 8, 1000 Ljubljana, which is also a provider of e-commerce services.

The General Terms and Conditions of Business govern the operation of the online shop: vibrantlongevity.com, the rights and obligations of the user and the trade, and govern the business relationship between the business unit (the 'BU') and the customer.

All content in the online shop is the property of the provider and is protected by copyright under the Copyright and Related Rights Act and may not be copied, reproduced or otherwise commercially exploited without the written consent of the provider. The content may be used for non-commercial purposes, but the copyright of the provider and the full URL of the original content must be indicated in the online shop.

The Buyer shall be bound by the General Terms and Conditions in force at the time of purchase (placing an online order). The User shall be specifically reminded of the General Terms and Conditions at the time of placing the order and shall confirm his/her awareness of them by placing the order.

Details of the provider: 

Title: Vibrant Longevity, other health activities and trade, d.o.o.
Registered seat: Javorje 52B, 6243 Obrov
District Court: Koper
Registration number in the Court Register: 2023/11347
Amount of share capital: EUR 7,500.00

Telephone number: +38631588792
E-mail: info@vibrantlongevity.com
Online shop: www.vibrantlongevity.com
Tax number: SI16077938
Registration number: 9356649000
Bank:Delavska hranilnica d.d.
TRR: SI56 6100 0002 8017 148
VAT: Yes
Legal form of organisation: limited liability company (d.o.o.)

Business unit: 

PE Mestni trg 8, 1000 Ljubljana 

BUSINESS SECURITY

Terms used in these General Terms and Conditions:
A buyer, also a consumer, a user.
A provider, also a seller, a company: Vibrant Longevity Ltd.

PAYMENT METHODS

In the online shop: vibrantlongevity.com the provider allows the following payments:

• By credit card (Stripe), you will be redirected to the credit card payment page immediately after placing your order. You pay immediately. Once you have paid the order amount in full and the money is sitting in our account, we will send you the goods at online rates and send you the access code to the online platform on the agreed date. If the order is partially paid for, the goods remain the property of Vibrant Longevity d.o.o. until further notice.

• PayPal (PayPal payment by credit card) If you choose to pay by PayPal, you will be redirected to the PayPal payment page immediately after placing your order. You pay immediately. Once you have paid the order amount in full and the money is sitting in our account, we will send you the goods at the online rates by sending you an access code to the online platform on the agreed date. If the order is partially paid for, the goods remain the property of Vibrant Longevity d.o.o. until further notice.

• Cash on delivery (payment on delivery).If you opt for cash on delivery, the goods will be sent to the delivery service or post office on the next working day, the following working day if you have made your purchase by 11.30 a.m. Monday to Friday, if you have made your purchase on a Saturday, Sunday or public holiday, the goods will be sent on the first working day for online courses or events, we will send you an access code to the online platform or a ticket by the agreed deadline.

ACCESSIBILITY OF INFORMATION

The Supplier undertakes to provide the following information to the Buyer at all times:

a) the identity of the company (name and registered office of the company, registration number),
b) contact details that allow the user to communicate quickly and efficiently (email, telephone),
c) the essential characteristics of the goods or services (including after-sales services and guarantees),
d) availability of items (each item or service offered on the website should be available within a reasonable time),
e) the conditions for delivery of the goods or performance of the service (method, place and time of delivery),
f) all prices must be clearly and unambiguously set out and it must be shown whether they already include taxes and transport costs,
g) the method of payment and delivery,
(h) the time validity of the tender,
(i) the period within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, if and how much it costs the buyer to withdraw from the contract,
j) an explanation of the complaint procedure, including full details of the contact person or customer service.

PRICES

All product prices are expressed in euros (EUR), include 22 % VAT and are valid at the time of ordering and have no predefined validity. We reserve the right to change prices without prior notice. 

The purchase contract between the provider and the user is concluded at the moment when the user confirms the order by clicking on the Buy button (proceed to checkout) and the user receives an e-mail confirming the content of the order. From that moment on, all prices and other conditions are fixed. 

Regular prices are prices set by the supplier itself or by the supplier. The published regular prices of the items do not include delivery or shipping costs, unless otherwise stated in the promotional offer. All special offers published in the online shop are valid during the period of their limitation or until the stock is sold out during this period. The user has the possibility to benefit from special promotional codes that affect the price and must be entered when the user is in the Shopping Cart and before clicking on the button (continue to checkout).

Prices are valid in the case of payment by the above payment methods, under the above conditions

ORDER GOODS

Orders can be placed via the official website of the shop: vibrantlongevity.com, using the form provided in advance. If you change your mind, please let us know by 11.00 on the day of placing the order or, if the order is placed after 12.00, it is considered a timely withdrawal by 11.00 on the next working day. All order data shall be stored by the Company: Vibrant Longevity Ltd. in accordance with the law. The Buyer may access the Contract by prior enquiry via e-mail. The Buyer may change the quantity, add or remove a product or correct his/her own mistakes, until the order is confirmed.

PROCUREMENT PROCEDURE

By pressing the "add to basket" or "add to basket" button, you can select any number of items from our offer. If desired, the user can adjust the quantity or remove a specific product at any time by clicking on the "Add to basket" button. After confirming the order quantity with the "add to cart" button, the user proceeds to the next page where he/she enters the delivery and other personal details. Registration on the website is optional, you can also place an order as a guest. You simply fill in the order form with your details. If necessary, you can also add a comment. By clicking on the "last step" button, there is only one more step, where the buyer chooses the payment method and can view the full order summary and enter the discount code. He also has the option to accept the general terms and conditions of the website. By clicking on the "place order" button, the customer confirms the order and receives a confirmation e-mail about the order received. At this stage, the contract for the purchase of the ordered items between the customer and the provider is irrevocably concluded. The user is solely responsible for entering the correct data.

The order data is stored in the online shop system for all users. Registered users can view all their orders after logging in to the online shop with their username and password. You can place an order by telephone, e-mail or the Internet via the online shop, as well as make corrections or additions to your order.

CANCELLATION OF AN ORDER

The user can cancel the order within 2 hours after placing the order by email or phone, and the cancellation is time-limited, as detailed in the section ORDERING GOODS. In the content of the message, please provide the following mandatory information: order number, name and surname of the customer.

DELIVERY OF GOODS

Delivery is made via a contractual partner, Post Slovenije or GLS-group, a delivery service. Delivery is valid for the territory of Slovenia.

In the online shop you have the option to choose a different delivery address than the payment address. This allows the user to order goods to an address where they can be reached in the morning, as delivery is usually made in the morning. The user can also use this option when he wants to send goods to another person but wants to make the payment himself. In the latter case, we allow you to use the option to pay by invoice.

Within Slovenia, you will receive the ordered items by the delivery service chosen by the provider. Delivery within Slovenia is free of charge, if the special offer says so. If there are any delivery charges and fees for cash on delivery orders, they are indicated: in the shopping cart, at checkout, in the order summary and received in the confirmation email in the Postage field. There are no additional costs for the user. 

For deliveries outside Slovenia, the shipping costs are indicated: at the end of the purchase, in the order summary and received in the confirmation e-mail in the Postage field and the user does not incur any additional costs for this. We reserve the right to change the delivery service and also to change the delivery price. 

Once the ordered goods are in stock, the Supplier shall dispatch them as soon as possible, in most cases the next day, and at the latest within three (3) to five (5) working days of receipt of the order. In addition to the goods, the buyer receives an invoice. All orders received on a Friday, Saturday or Sunday are deemed to have been dispatched no later than the next working day.

If an item is out of stock, it will say "Out of stock" or "Sold out" next to the item. In this case, the item is deliverable within five (7) to twenty-one (60) days, depending on the location of the Supplier, which is an exceptional case where the goods will not be deliverable within the specified time limit, the Buyer will be informed by email or telephone.

RIGHT OF WITHDRAWAL

In accordance with the Consumer Protection Act (CPA-1), you may, within 14 days of receipt of the goods, notify the trader by sending an email to the contact email address: info@vibrantlongevity.com that you withdraw from the contract or the order, without giving any reason for your decision. The only cost to be borne by the buyer in connection with withdrawal from the contract is the direct cost of returning the goods (the cost of postage is payable by the buyer). The goods must be returned to the Seller by the User within 14 days of the cancellation notice. We recommend that you notify us by email or call us on the following number before returning the goods in order to agree on the best return method.

We do not accept ransom shipments.

If the goods have already been received and the User withdraws from the contract, the User shall return or hand them over to the Company or to a person authorised by the Company to take delivery of the goods immediately or at the latest within 14 days of receipt of the goods, unless the Company offers to take delivery of the returned goods itself. The User shall be deemed to have returned the goods in time if he sends them before the expiry of the 14-day return period.

The company may withhold reimbursement of payments received until the goods have been collected or the user has provided proof that they have been sent back. Unless the company offers the option to collect the returned goods itself.

WARNING! The withdrawal option does NOT apply to legal persons.

Returns must be made by ordinary post to Vibrant Longevity Ltd, Javorje 52B, 6243 Obrov. 

The returned goods must be, unused and undamaged.

The consumer is liable for diminution in the value of the goods if the diminution in value is due to conduct which is not strictly necessary to establish the nature, characteristics and functioning of the goods.

The undertaking shall return the payments received to the consumer by the same means of payment as used by the consumer, unless the consumer has expressly agreed to use another means of payment and the consumer does not bear any costs as a result.

The Buyer cannot withdraw from the Contract in the following cases:

- For contracts for the supply of sealed goods that are unsuitable for return for health or hygiene reasons, if the consumer has opened the seal after delivery;

Withdrawal form:

http://www.pisrs.si/Pis.web/npbDocPdf?idPredpisa=PRAV11915&type=pdf

THE CONDITIONS, TIME LIMITS AND PROCEDURE FOR ASSERTING THE CONFORMITY OF GOODS

THE SELLER'S LIABILITY FOR NON-CONFORMITY OF THE GOODS

The goods are in conformity with the contract of sale, in particular where applicable:

1. it is of the description, type, quantity and quality and has the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
2. it is suitable for the specific purpose for which it is needed by the user and which the user has informed the seller of at the latest at the time of conclusion of the contract of sale and the seller has agreed to;
3. it is supplied with all accessories and instructions, including installation instructions, as specified in the sales contract; and
4. it is up to date, as specified in the sales contract.

In addition to meeting the requirements of the previous paragraph, the goods must:

1. be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, sector-specific codes of practice;
2. be of such quality and correspond to the description of the sample or model made available by the seller to the user before the conclusion of the contract of sale, where applicable;
3. be supplied with such accessories, including packaging, installation instructions or other instructions, as the user may reasonably expect to receive, where appropriate; and
4. be of such quantity and have the characteristics and other qualities, including with respect to durability, functionality, compatibility and safety, as are customary for goods of the same kind and which the user may reasonably expect in the light of the nature of the goods and taking into account any public statement made in advertising or labelling by or on behalf of the seller or other persons upstream in the contractual chain, including the manufacturer, unless the seller proves that:

- he had no knowledge of the public statement and could not reasonably be expected to have had knowledge of it,
- the public statement has been revised in the same or a comparable manner to that in which it was made by the time of the conclusion of the contract of sale; or
- the public statement could not have influenced the decision to buy the goods.

In the case of goods with digital elements, the seller shall ensure that the user is informed of and supplied with updates, including security updates, necessary to maintain the conformity of the goods with the digital elements within the period:

- which the user can reasonably expect, having regard to the nature and purpose of the goods and digital items and taking into account the circumstances and the nature of the contract, where the sales contract provides for a one-off supply of digital content or a digital service, or
- two years from the delivery of the goods with digital elements, where the sales contract provides for the continuous supply of digital content or a digital service over a specified period, or
- the period during which the digital content or digital service is to be supplied under the sales contract, where the sales contract provides for the continuous supply of the digital content or digital service over a period of more than two years.

Where the user fails to install the updates supplied in accordance with the preceding paragraph within a reasonable time, the seller shall not be liable for non-compliance resulting solely from the failure to carry out the relevant update, provided that:

- the vendor has informed the user of the availability of the update and the consequences of the user's failure to install it; and
- the reason for the user not installing the update or installing it incorrectly was not due to insufficient installation instructions provided to the user.

Rights of third parties

Where a restriction resulting from an infringement of the rights of a third party, in particular intellectual property rights, prevents or restricts the use of the goods, the user shall be entitled to warranty claims for non-conformity of the goods in accordance with this Chapter, unless another law provides for the nullity or annulment of the contract of sale on the ground of infringement of the rights of third parties.

Guarantee claims and other user rights

In the event of non-conformity of the Goods, the User who has notified the Seller of the non-conformity of the Goods shall be entitled, subject to the conditions and in the order set out in this Section, to:

1. require the seller to restore the conformity of the goods free of charge;
   2. request a reduction in the purchase price in proportion to the non-compliance or withdraw from the sales contract and request reimbursement of the amount paid. 

These rights expire within two years from the date on which the user notifies the seller of the non-conformity of the goods.

The User may withhold payment of the remainder of the Purchase Price or any part thereof until the Seller has fulfilled its obligations under this Section. The User shall exercise this right by a declaration informing the Seller of its decision.

In any event, the user shall also have the right to claim from the seller compensation for damages, and in particular for the costs of materials, spare parts, labour, transfer and transport of the goods, incurred as a result of the exercise of the warranty claim referred to in paragraph 1 of this Article.

Establishing compliance

(1) The user may require the seller to bring the goods into conformity free of charge without significant inconvenience to the user within a reasonable period, not exceeding 30 days, from the time when the user notifies the seller of the non-conformity, taking into account in particular the nature of the goods and the purpose for which the user needs the goods.

(2) The time limit referred to in the preceding paragraph may be extended to the minimum time necessary to complete the repair or replacement, but not more than 15 days. In fixing the extended period, account shall be taken of the nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement. The seller shall inform the user before the expiry of the period referred to in the preceding paragraph of the number of days for the extension of the time limit and the reasons for the extension.

(3) The conformity of the goods shall be deemed to have been established free of charge if the seller is also liable for the payment of the necessary costs incurred in bringing the goods into conformity, in particular the costs of shipping, transport, labour or materials.

(4) In order to bring the goods into conformity, the user may choose between repairing the goods and replacing them with new, faultless goods, unless:
- it is impossible to meet the selected guarantee claim; or
- the fulfilment of the chosen warranty claim represents a disproportionate cost for the seller compared to the other warranty claim, taking into account all the circumstances.

The seller may refuse the user's warranty claim to restore conformity of the goods if repair and replacement are not possible or would entail disproportionate costs for the seller, taking into account all the circumstances, including those referred to in the preceding paragraph.

Where repair or replacement of the goods is necessary to restore conformity, the user must make the goods available to the seller. Where replacement of the goods is necessary to restore conformity, the Seller shall take back the replaced goods at its own expense.

The user does not have to pay for the normal use of the replaced goods in the period before the replacement.

Reduction of the purchase price and withdrawal from the sale contract

The User may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:

- the seller has failed to repair or replace the goods or, where applicable, has failed to complete the repair or replace the goods in accordance with this Law or has refused the user's guarantee claim to restore conformity of the goods in accordance with the sixth paragraph of the preceding Article;
- a non-conformity exists even though the seller has tried to bring it into conformity;
- the nature of the non-compliance is so serious as to justify an immediate proportionate reduction of the purchase price or withdrawal from the sales contract; or
- the seller has stated, or it is apparent from the circumstances, that the seller will not bring the goods into conformity within a reasonable time or without substantial inconvenience to the user.

Notwithstanding the previous paragraph, the User may withdraw from the sales contract and request a refund of the amount paid if the non-conformity occurs within less than 30 days of delivery of the goods.

If the user requests a proportionate reduction of the purchase price, the reduction of the purchase price shall be proportionate to the reduction in the value of the goods received by the user compared to the value the goods would have had if they had been in conformity.

Where the non-conformity relates to only part of the goods supplied under the contract of sale and there is a ground for rescission of the contract of sale under the first or second paragraph of this Article, the user may rescind the contract of sale in respect of those goods and any other goods acquired together with the non-conforming goods, provided that the user cannot reasonably be expected to retain only the conforming goods.

The user cannot withdraw from the sales contract if the non-conformity is only minor. The burden of proof as to whether the non-conformity is insignificant shall be on the seller.

Notification of non-conformity and inspection of goods

The user may exercise his/her rights under the non-conformity if he/she notifies the seller of the non-conformity within two months from the date on which the non-conformity was detected.

The user shall describe the non-compliance in detail in the non-compliance notification.

The user may report the non-conformity to the seller in person, with a receipt from the seller, by sending it to the shop where the goods were purchased, or by sending it to the seller's agent with whom the user has concluded a sales contract.

The user shall give the seller the opportunity to inspect the goods which the user claims are non-conforming.

If the existence of non-conformity of the goods is disputed, the Seller shall notify the User in writing within eight days of receipt of the User's warranty claim.

Time limit for reimbursement of the amount paid or part of the purchase price

Where the User withdraws from the sales contract, the Seller shall refund the amount paid to the User immediately, but no later than eight days after receipt of the goods or proof that the User has sent the goods back.

Where the user requests a pro rata reduction of the purchase price, the seller shall refund part of the purchase price within eight days of receipt of the request for a pro rata reduction of the purchase price.

DISPUTE RESOLUTION

The parties will primarily try to resolve any disputes amicably, by the customer sending a complaint to the Company's email address or by telephone, and the Company will decide on the dispute within three working days. In the event that the parties are unable to resolve the dispute amicably, they may bring proceedings before the courts. If no mutual agreement can be reached, the District Court in Koper has jurisdiction to settle disputes.

In accordance with the legal norms, Vibrant Longevity d.o.o. does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a user may bring under the Act on Out-of-Court Consumer Dispute Resolution.

Vibrant Longevity d.o.o., which as a provider of goods and services facilitates online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS). The platform is available to users here -https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase.

The Provider complies with the applicable legislation on user protection. The Provider shall make every effort to comply with its obligation to establish an effective complaint handling system and to designate a person whom the Customer may contact by telephone or e-mail in the event of a problem.

The complaint procedure is confidential.

SAFETY

The Provider shall use appropriate technological and organisational means to protect the transmission and storage of personal data, orders and payments. The Provider accepts no responsibility and cannot be held liable for any damage to computer/hardware equipment or other property, as well as any viruses that may affect the User's equipment as a result of visiting the website, downloading texts, images, data. The user is also responsible for the protection of his/her personal data by ensuring the security of his/her username and password and by using appropriate software (anti-virus) protection on his/her computer. The user guarantees the accuracy and truthfulness of all data provided and shall be liable to the provider for any damage caused by inaccurate or untruthful data.

RIGHT TO PRIVACY

Privacy Policy, which complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: GDPR). All data obtained from the website: vibrantlongevity.com will be used exclusively for sending informative material, offers, invoices and other necessary communications.

COMMUNICATION

The Provider will contact the User by means of distance communication only if the User does not expressly object.

The advertisement emails will contain the following elements: 

• they will be clearly and unambiguously identified as advertising messages, 
• the sender will be clearly visible, 
• various campaigns, promotions and other marketing techniques will be labelled as such. The conditions for participation in them will also be clearly defined, 
• a clear explanation of how to opt-out of receiving advertising messages, 
• the user's wish not to receive advertising messages will be explicitly respected by the provider.

USER OPINIONS/COMMENTS

User reviews and product reviews written by customers are part of the shop's functionality, which is intended for the user community. They are reviewed by the provider before final publication. The Provider will not publish opinions or contributions that are in any way offensive, obscene or, in the Provider's opinion, do not offer any benefit to other users and visitors.

By submitting an opinion or comment, the user expressly agrees to the terms of use and authorises the provider to publish part or all of the text in all electronic and other media. The Provider has the right to use the content for an unlimited period of time and for any purpose that is in the Provider's business interest, including publication in advertisements or other marketing communications. The author of the opinion also declares and warrants that he/she is the owner of the material and moral copyright in the opinions and comments written and that he/she does not exclusively and indefinitely transfer these rights to the Provider.

EXCLUSION OF LIABILITY

Although the online shop is protected by SSL, there is a possibility of abuse of the online shop, which is beyond the control of the provider. For this reason, the provider excludes liability in the event of the transmission of malicious software that could be installed on the device from which the user accesses the online shop. The Provider advises users to educate themselves on this subject and to protect their devices against the risk of malware being downloaded.

The Provider reserves the right to make substantive and other changes to the General Terms and Conditions and to amend them at any time and in any manner, for any reason and without prior notice.

The Provider reserves the right to change the sales offer in the online shop without prior notice. The Provider shall use its best endeavours to ensure that the information published on the website is up-to-date and correct. However, in individual cases, the supplier may not be able to deliver a product to you because it is sold out and out of stock. 

The Provider reserves the right to change the Terms and Conditions at any time and in any manner, for any reason and without prior notice.

FURTHER CLARIFICATIONS ON THE PURCHASE

Under the Code of Obligations, the buyer is obliged to take delivery of the ordered package and pay the redemption fee. If the Buyer does not take delivery of the goods ordered, which are sent COD, in any case, and the goods are returned to the Company's address after a waiting period of fifteen (15) days at the post office, this shall NOT be considered as a withdrawal from the contract, since the latter is still validly concluded and it is a unilateral, unannounced withdrawal of the Buyer from the contract. If the Buyer does not take delivery of the package, he/she shall cause financial loss to the Company. In the event of non-acceptance, the Buyer is therefore liable for the costs of shipping and return of the products to the Company, for which the Seller will invoice the Buyer, which the Buyer is obliged to pay, since the contract has not been terminated. In the event of non-payment of the invoice, the matter shall be settled by means of a claim. Receivables are handled by an external company. In the case of fraudulent orders, the IP address will be handed over for further processing as abuse. The cost of non-collection is EUR 10,00 and includes: administrative costs, packaging, shipping and return shipping costs.