Terms of Service
notanearlybird.com is an online shop and website, owned and run by GUGA, Tjaša Učakar, s.p. (hereinafter referred to as “GUGA"). By visiting this shop and/or purchasing something, you engage in this shop's “Service” and agree to be bound by the following Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or content contributors. We reserve the right to change these Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms of Service.
The online store and website are hosted on Squarespace. They provide an online e-commerce platform that allows us to sell our products and services to you.
ACCURACY OF INFORMATION
All information and materials on the website are informative. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We are striving for the optimal functioning of the website, but do not assume any responsibility or guarantee for the uninterrupted use, incapacity or limited possibility of using this site. As much as possible, we seek to ensure that the site includes accurate and up-to-date information about products, prices, and stocks, but we do not provide guarantees for the accuracy, promptness and completeness of this information. We also do not assume any liability for errors in the content of the site. The visitor/customer of this website shall use this site at his/her own risk. If the customer of the website finds errors on the site or wishes to receive additional information, he/she can contact us at email@example.com.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. For purchases we have already confirmed, the changes will have no effect.
The contract (= order confirmation) is concluded when a confirmation of the order with the list of ordered goods is sent to the buyer by e-mail. The order confirmation will be sent out only after our inspection that we can complete the order. The contract (order confirmation) is concluded in the English language and will be stored in writing at the company's registered office. Upon the request of the buyer, it can be resent to the provided e-mail address.
PRICES AND AVAILABILITY OF GOODS
All prices are in EUR. The prices do not include the cost of delivery, which is shown separately during checkout. The costs charged by a bank or other institution when paying the order are covered by the buyer.
We reserve the right to change prices anytime without notice, excluding for orders that were already confirmed.
We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time.
When a product is in stock the delivery time is usually 5-15 working days. When a product is out of stock, we will inform you about the estimated production and delivery times upon request.
Delivery of ordered goods is performed by Pošta Slovenije or other courier services. The cost of delivery is charged on the order confirmation, so you no longer have any additional costs after the payment. Delivery is made to the address indicated by the customer at the time of order.
We accept PayPal and credit card payments. You can make the payment directly in the online shop upon completing the purchase. Depending on your choices, you will be safely guided through the steps where you enter your personal details and the details of your credit card.
If you are not satisfied with the products, you have the right to return them, but they must be in their original packaging, unused, undamaged and in an unaltered quantity. You have the right to a refund in the event that the products are destroyed, defective, lost, or if their quantity was reduced without your fault. While you are not obliged to specify a reason for returning the products, we will appreciate any feedback that will enable us to improve our products and services.
The process of return is as follows: inform us by e-mail firstname.lastname@example.org that you wish to withdraw from the purchase contract and return the goods within 15 days of receiving them. You have 30 days (deemed date on package) to return the goods intact and unused with prepaid shipping. A return with cash on delivery will not be accepted. We will reimburse all payments within 30 days of receiving the notification of withdrawal for all goods we receive returned on time and justifiably (see the first paragraph).
If you return the goods without their original packaging, if the packaging is destroyed or if a product shows signs of use, we reserve the right to refuse a refund. This means that you will not be reimbursed, but you can still return the products with prepaid shipping.
We will issue a refund for the properly returned products as soon as possible, but no later than 30 days after the reception of the products. Any promo codes or discounts used during purchase are not subject to a refund. The refund is issued to the user’s bank account.
ORDERS AND CANCELLATIONS
To order a product, you select it in the online shop, add it to the shopping cart and follow the instructions for checkout.
You can cancel the order in 2 hours after order completion, after that the order is final.
Even if we strive for the best quality of our products, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. The products are hand-made, so allow for some human imperfections.
By agreeing to these Terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We do not accept orders from someone who we know or suspect that is a child, without having the express permission of his parents or guardians. Any communication intended for children will be appropriate to their age and will not take advantage of children's trust, lack of experience or sense of loyalty.
OTHER GENERAL CONDITIONS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit products in our website without express written permission by us.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise this right on a case-by-case basis.
Certain content, products, and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.
You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submission. You are solely responsible for any submission you make and its accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.
DISCHARGE FROM LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We are not responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products.
In the event that any provision of these Terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
These Terms of service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Slovenia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of service constitutes acceptance of those changes.
GUGA, Tjaša Učakar, s.p.
Glonarjeva 8, 1000 Ljubljana, Slovenia (EU)
Identification number: 6874002000
Tax number: 39836487
Court/business register entry date: 01.07.2015
Bank account: IBAN SI56 0510 0801 4065 865 (ABANKA d.d.)
You can send questions about the Terms of service to email@example.com.
These Terms of Service were adopted on July 12, 2018.