GENERAL TERMS AND CONDITIONS
Prive Academy, LLC
Tax ID 61-1906986
One Gateway Center, Suite 2600
Newark, NJ, 07102, US
Telephone number: +386 40 662 414
About the company:
Prive Academy, LLC is an online provider of cosmetic products and a provider of cosmetic courses online and at various locations.
- General terms and conditions
- General conditions of business (hereinafter referred to as “general terms and conditions”) of Prive Academy, 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: customers) operating with the Company.
- The provisions of the General Conditions apply also to all offers, (pro forma) invoices, pre-contracts, legal statements and other services arising from the operations between the Company and the client.
- The subject General Terms and Conditions are compiled in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1) and the Law on Electronic Communications (ZEKom-1).
- The General Terms and Conditions govern the functioning of the Company’s online store, the rights and obligations of the online store user and client and govern the relationship between the Company and the client. The General Terms and Conditions also govern the provision of courses and set the rights and obligations of the Company and the parties in relation to the services.
- 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 goods or services 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, pro forma invoices or other forms of proposal for the conclusion of a contract that the Company communicates with the client.
- An order is a document or notice in a written, electronic or other kind of form by which a customer communicates its demand and / or will for the conclusion of the contract, including a pro forma invoice.
- 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 customer, 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.
- services, which are online courses or courses at location that the Company provides.
- The transmission theory shall apply to informing the customer 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.
- All information to customers relating to the delivery of the subject of the contract, conclusion or withdrawal from the contract and other information is provided by the Company via e-mail to the address provided by the client. The Company also informs via ordinary mail, telephone or another way agreed with the client. The Company keeps and records all communications with the client for the purpose of proving the content and existence of the professional relationship with the client.
- The company undertakes to provide the following information at any time on its website:
- Information about the company’s identity (company name, registered office, registration number and tax number)
- Contact details (e-mail address, telephone number)
- Information on the basic characteristics of products and services (including information on post-purchase services and warranties)
- Information on product availability
- Delivery terms (method, location and date of delivery)
- Unambiguously stated prices, including information on additional fiscal and transport costs
- Payment and delivery methods
- Period of validity of the tender
- Conditions and time frames for withdrawal from the contract
- Information on the appeal procedure
- The working hours of the Company are from 8:30 to 16:30 CET.
- Use of General Terms and Conditions
- The general terms and conditions are preferential, therefore they completely replace the missing, different and contradictory contractual provisions between the Company and the client.
- The General Terms and Conditions shall replace any general terms and other documents of the client unless the application of the General Terms and Conditions is explicitly excluded in writing by the Company.
- The General Terms and Conditions here in constitute an integral part of the contracts concluded between the client and the Company. By signing a contract or by entering into a different contractual relationship, the customer agrees fully with the content of the subject General Terms and Conditions. The client hereby explicitly recognizes that for all legal relationships only the General Terms and Conditions of the Company are used. If the client wants to cooperate with the Company and enter into contractual relationships with the Company, it is obliged to accept the General Terms and Conditions in full and on an as-is basis. Customer hereby waives the right to modify the content, form, and individual contractual terms of the General Terms and Conditions.
- The subject General Terms and Conditions apply in addition to general legal regulations as an individual special act.
- The subject General Terms and Conditions are accessible on the website: https://us.prive-shop.com/terms_and_conditions/. General Terms and Conditions are also available at the business address of the Company, in physical form.
- By signing a contract or another legally binding document, the customer is considered to be fully acquainted with the content of the subject General Terms and Conditions.
- 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, pro forma invoice, pre-contract or offer. The consumer must be aware of all the options to get acquainted with the General Terms and Conditions in a comprehensible way.
- Changes to General Terms and Conditions
- The company undertakes that any change to the general terms and conditions of business will be published on the website: https://us.prive-shop.com/terms_and_conditions/ with the date on which the change took effect.
- The General Terms and Conditions are binding in the form and with the content available to the parties on the day of conclusion of the contract.
- In the event of a change to the General Terms and Conditions, changes shall become binding for the client on the day the client becomes acquainted with them.
- The customer is deemed to be aware of the changes to the General Terms and Conditions at the time of the publication of the change on the website https://us.prive-shop.com/terms_and_conditions/ and upon receipt of the notification of the change. With this the client is deemed to be agreeing with the changes to the General Terms and Conditions.
- A client which does not agree to the changes to the General Terms and Conditions shall, within 2 days upon receipt of the notification of the change, submit to the Company a written statement of disagreement. If the party does not communicate its disagreement with the changes to General Terms and Conditions within the specified time limit, it shall be deemed to be agreeing to the changes.
- If the client makes a statement that it does not agree with the changed General Terms and Conditions, the Company has the right to withdraw from the contract.
- Changed General Terms and Conditions are also binding on consumers, if the consumer agrees to the changes with a written statement, contract or an annex to the change. Otherwise, consumers will be subject to those General Terms and Conditions applicable at the time of the conclusion of the contract.
- 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 or unenforceable or non-existent provisions the provision closest to the purpose of the contract shall apply.
- Collision of legal provisions
- In the event that the present General Terms and Conditions are contrary to other general conditions of the Company, the provision that is more specific shall apply.
- The Company and the client may exclude the application of individual provisions of these General Terms and Conditions, provided that these provisions are inconsistent with the terms of the contract or with the general purpose of the contract.
- In so far as the present General Terms and Conditions are contrary to consumer protection legislation, the relevant consumer legislation is applied in that section.
- General provisions
- 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, whereas particularly important information are changes of client’s place of residence or the client’s corporate seat, changes of the ownership structure of the client, changes of the corporate organization of the client, insolvency of the client irrespective of whether the legal conditions for introducing bankruptcy or compulsory settlement are in place, and other circumstances, events and conditions that may affect the legal relationship between the Company and the client.
- All specifications and information relating to the weight, dimensions, price, volume, technical or other information included in catalogs, offers, advertisements, photographs, pricelists, 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 rely only on the information contained within an individualized offer or contract.
- The company reserves the right to change the specifications or information described in the previous article, without prior notice to the customer, and with the specifications and information being binding only if contained in the contract.
- When marketing products and services to consumers, the Company is bound by its statements in advertisements about prices, general characteristics and warranty conditions. The prices in the advertisements are indicated in dollars and do not include VAT.
- Technical data and products that are subject to sale can be changed and improved without prior notice, which is also the case with the already ordered products.
- The prices displayed on the Company’s website can be changed without prior notice
- All prices are in $.
- The prices are binding from the moment when the Company sends the customer a confirmation e-mail for the order.
- When dealing with consumers, the prices listed in the company’s price list include VAT.
- The company will make a final price to the client before the conclusion of the contract or before the offer becomes binding for the client.
- If the final price cannot be calculated in advance due to the nature of the goods or services, the Company will inform the customer about the method of calculating the final price.
- In the case of concluding a contract for an indefinite period, the final price that the Company will provide to the client will include the total costs for each billing period.
- Prices are binding from the moment the Company sends an e-mail to the customer regarding the confirmation of the order. In the event that the price information is incorrect or the prices change during processing of the order, the client has the right to withdraw from the contract.
- The contract between the Company and the client is saved electronically on the Company’s server in the form of a PDF document after the order is successfully submitted and confirmed. The contract is accessible to the client upon written request.
- In the case of product delivery the standard packaging is included in the price of the product. The additional packaging and transport costs of the goods are additionally charged by the Company at the price specified in the price list or at a price agreed between the Company and the client.
- Payment methods
- The Company enables the following payment methods:
- Payment via PayPal app to the bank account of the Company
- Payment via debit or credit card payment (MasterCard, Visa, Visa Electron, BA Maestro)
- Payment via direct bank transfer
- 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.
- The company sends to the customer an invoice for the ordered goods or service in the form of a PDF document at the e-mail address indicated by the customer upon registration on the Company’s website.
- The company sends an original invoice together with the order.
- It is the responsibility of the client to review all the information and specifications of the order before placing the order.
- All records, documents, technical and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued a written authorization for the use of this material. In the event that the Company issues consent for the use of this documentation, the customer undertakes to use the said documentation exclusively for agreed purposes; reproduction, distribution, modification, public presentation and other forms of exploitation are prohibited without the written consent of the Company. The client agrees and expressly acknowledges that the said documentation represents confidential information of the Company.
- Unless otherwise agreed in the contract between the Company and the client, the Company shall maintain its sole ownership, copyright and related rights to all documents necessary or provided in connection with the conclusion and / or execution of the contract.
- Confidential information
- 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, pricelists, business or financial information, etc. are also considered as confidential information. The Client undertakes to keep Company’s confidential information in privacy for the duration of the contractual relationship.
- Any data whose disclosure could severely harm the Company must be kept in privacy by the client as confidential information for 5 years after the expiration of the contractual relationship. In the event of a breach of professional secrecy, the client is liable to pay damages to the Company and is criminally responsible. The contracting parties may agree on exceptions from these provisions in the contract.
- Limitation of liability
- The company strives to ensure the correctness of the data published in the online store. 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 changes and will allow it to withdraw from the order or to replace the ordered item.
- Photos do not provide any guarantee for product features. The company strives to provide accurate photographs of sales products, but all photographs should be taken as symbolic.
- The company reserves the right to temporarily disable access to the website in case of technical problems or maintenance work. In case of technical difficulties, the Company reserves the right to cancel all orders made during the period of occurrence of 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 customer must, at his own risk, ensure the security of his technical equipment for accessing the website and the security of user names and passwords on the website.
- The company reserves the right to withdraw from the contract or the fulfilment 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 Customer will be informed immediately of any withdrawal from the contract on the part of the Company.
- The company reserves the right to withdraw from the contract if substantial error is found on its part. A substantial error is considered as the error in essential characteristics of the goods and any errors that are considered to be essential according to the customs in the trade or the purpose of the parties and the Company would not enter into a contract if it had known of the error. This also includes substantial errors in price.
- Complaints and dispute resolution
- Law of the United States of America shall apply exclusively for 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 exhaustion of all extra-judicial channels for reaching an agreement the dispute shall be settled by a court of competent jurisdiction in the United States in relation to the place of Company’s registered office.
- Pursuant to the statutory regulation, the Company does not recognize any institution of out-of-court settlement of consumer disputes as competent for resolving the consumer disputes which the consumer could initiate in accordance with the Law on out-of-court settlement of consumer disputes.
- The company respects the existing consumer protection legislation. The company provides an efficient and confidential system for dealing with complaints. The complaint must be sent to the e-mail address firstname.lastname@example.org.
- 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.
- Company’s right of withdrawal from the contract
- In case of violation of the terms of the contract or these General Terms and Conditions by the client, the Company has the right to withdraw from the contract without further notice to the client. In such a case, the Company returns any amounts paid to the client’s bank account.
- Furthermore, the Company has the right to withdraw from the contract in the event that a client other than the consumer becomes insolvent or if its funds in the business account are blocked for more than 15 days, and if the compulsory settlement procedure or bankruptcy procedure are proposed or initiated upon the client.
- The company has the right to withdraw from the contract if the client does not fulfill its obligations, if the client gives false information to the Company which make it difficult or impossible for the Company to fulfill the contract, or if it does not pay its due amounts in accordance with the contract and these General Terms and Conditions.
- Reviews, ratings and recommendations
- The reviews, ratings and recommendations of subscribers are an integral part of the website and are intended for the user community.
- The company allows a review, rating or recommendation to be written by any user of the website and the Company will review it before the final publication. The company will not publish reviews or contributions that are offensive, inappropriate or which, according to the Company’s assessment, do not offer benefits to other users and visitors to the website.
ONLINE SALE OF PRODUCTS
- User registration
- The possibility of online purchase of products or the order of online courses is enabled for persons who successfully complete the registration process on the Company’s website (https://us.prive-shop.com/my-account/) and become members of the Prive Academy. No prior registration is required for the execution of a “quick purchase / order”
- When a user registers on the website, the user acquires the following data to access the online store:
- a user name, which is the same as the email address that the user specified during the registration process
- access password.
- If a user wants to change the user name or password, he can do so in the user profile section on the website.
- Order placement procedure
- In the “store” section on the website, the user can select the “add to cart” option by clicking on it. The system then issues a notice of successful addition of the product to the cart of the goods that the user wishes to purchase. Once the system records the added product in the cart, the user can either return to the store’s products list by clicking on the appropriate button or proceed with the payment process.
- If a user wants to remove a particular product or service from the shopping cart, it can click on the shopping cart icon (top right corner of the homepage) to access the added products or services, and by clicking the “remove” button it will remove the selected product or service. If a user wants to add new products or services to the shopping cart, it can do so by clicking on the “return to store” button and repeating the process from the previous article of these General Terms and Conditions.
- After confirming the shopping cart with the selected products and services, the system redirects the user to the form with the user’s data. In order to execute the order, the user must fill in all the fields marked with a red star. The system allows the user to save the provided data in the user profile for future orders.
- The user can choose between the above mentioned payment methods.
- In the event that the user holds a promotional code or a coupon of the Company, it can use it by indicating it in the appropriate field when submitting the order.
- The user may indicate that he wishes to collect the subject of the contract at the address of the Company, or may choose to have it delivered by [indicate the delivery service company].
- Before submitting the order, the user 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 user 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.
- After the successful submission of the order, the user receives a message confirming the receipt of the order to his e-mail address.
- The registered user can access information about the content and status of the order in his user profile at any time.
- For the purpose of verifying the indicated user data and the accuracy of the order, the Company may contact the user on its telephone number.
- For legal persons, the order submission procedure differs from the standard one in the part of mandatory indication of the name of the legal person and its VAT number.
- Delivery terms
- International orders are usually packed and ready to ship in 1 to 3 business days. However, shipments are subject to customs clearance procedures, which can cause delays beyond original delivery estimates. International shipments will not ship until all item(s) ordered become available. A “business day” is considered to be Monday through Friday, excluding holidays.
- You can choose between 2 options of delivery: Direct Delivery or ”Leave at the front door”.
- Option ”Leave at the front door” is free and the cost of direct delivery is $2.
- By choosing „Leave at the front door“, Prive Academy is not responsible for the delivery of your package. In case your package gets stolen you have to contact the carrier yourself and follow the procedure carrier asks you to.By choosing ‘’Direct Delivery Only’’ you choose your package to be delivered directly to you. Any changes of address or delivery process is not possible.*Please note that UPS attempts to deliver the packages 3 times only. Once the delivery was attempted and you haven’t responded, UPS has the right to send the package back.Please note that Prive Academy is not responsible for your delivery choice once you choose it.
- UK, USA, AUS Shipping: Prive Academy ships the client’s ordered items within 3-7 business days. Prive Academy uses Express shipping as an option of delivery (guaranteed delivery within 48h) for UK, USA&AUS, however country customs delays can occur. Prive Academy is not responsible for any delays made by country customs, nor for any item damage made by customs inspections.
- For orders from following countries delivery costs are as follows:
|up to $100||over $450|
17.1 Delivery time
Processing of order usually takes 1 to 3 business days. Delivery timescales are working days (Monday – Friday). Please allow an extra working day for deliveries during National Slovenian holidays.
Once the order is processed it is shipped to your address. If you wonder when will you receive your order please find your country on the list of delivery time.
Express delivery (1-3 business days) + possible customs delay for USA, CA, MEX, AUS, NZ
Australia, Argentina, Brasil, Canada, Iceland, India, Ireland, Mexico, Nepal, New Zealand, South Africa, United Kingdom, USA
- The ordered goods for which the order was submitted on a workday by 13.00 hours (according to the timeline and jurisdiction of Slovenia) will be dispatched on the same day if the chosen payment methods were cash payment at delivery, payment via PayPal application or via debit or credit card. If the chosen payment method was payment via pro forma invoice (bank transfer), the goods will be dispatched after the receipt of funds on the Company’s bank account. The ordered goods for which the order was placed on a weekend or holiday will be dispatched at the first subsequent workday. Products for which a longer delivery period is explicitly indicated on the website will be delivered within the said period.
- In the event that the ordered item is a virtual product/service, such an item will be sent within a few hours after receiving payment. Such products/services will be sent to the e-mail address of the user indicated at the registration of a user account on the website www.prive.academy.com.
- In the event that the Company can not dispatch the goods within the indicated period due to unpredictable reasons, the Company informs the customer about the new delivery period via the provided contact information.
- In any case, the company will not be liable for the non-supply of goods for reasons beyond its control. The Company will strive to do everything necessary to ensure that the supply of goods is carried out as quickly as possible and that the customer will be kept up-to-date and regularly informed of possible delays in delivery by the supplier, however the Company will not be liable for the delay or non-availability of certain goods due to reasons on the part of the supplier.
- In the event that the customer does not receive the ordered goods within the agreed period, the customer must contact the Company and set an additional period for the fulfillment of the obligation. If the Company does not supply the goods 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 goods or services.
- The Company is not responsible for the delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fire, floods and other natural disasters, import or export embargoes or any other similar reasons or reasons of force majeure on which the Company has no influence.
- In the event of any of the abovementioned reasons of delay, the delivery period shall be interrupted for the duration of the effect of the said conditions referred to in the preceding article, and after the termination of the effects of such conditions, the stipulated time for delivery shall continue to run.
- Acceptance of goods
- The subject of the contract must be performed at the place agreed in the contract or offer. If the place of performance is not specified in the contract or offer, the Company and the client may subsequently agree on it.
- The client is obliged to accept the subject of the contract no later than in 14 days after receipt of the company’s written notice for the acceptance of goods, in accordance with the previous article regarding the place of delivery / fulfillment of contract.
- In the case of delivery of goods through partner delivery service providers, the customer is obliged to carry out the acceptance of goods in accordance with the terms of the delivery service provider.
- Coupons and promotional codes
- The Company’s coupon has the nature of a gift card and the Company sends it to the buyer of the coupon in a physical or electronic form. Each coupon is marked with a unique serial number, and the Company as a coupon issuer is obliged to accept it as a payment method within its online store.
- The voucher can be purchased under the same conditions as described in the “order placement procedure” section. In case the user wants to get the coupon immediately, he can send an e-mail to email@example.com.
- The coupon can be used within 6 months after the date of its issuance, except in cases where a different period of validity is explicitly indicated on the coupon. The coupon can only be used in its entirety and the value of the order must be higher or equal to the value of the voucher. In case that the value of the order is higher than the value of the coupon, the user must pay the difference up to the full value of the order.
- The Company does not refund funds for coupons.
- The use of the coupon is possible in the process of placing the order on the website. After the fulfillment of other conditions for the placement of an order, the user may indicate the unique eight-digit serial number of the coupon in the designated coupon field and confirm it by clicking the “confirm coupon” button. The value of the coupon is automatically deducted from the value of the order that the user wishes to place.
- Within a single order placement procedure, several coupons and one promotional code can be used at the same time.
- The promotional code of the Company offers numerous benefits at purchasing products or ordering courses within the online store (smaller gifts at the time of purchase, discounts, etc.). A promotional code can be found in various ads, e-mail messages from the Company and other media.
- The validity of the promotional code is time-limited; the code can only be used within the time period specified for each code.
- The user can indicate and confirm the code in the designated promotional code field in the order placement procedure. Once the code has been successfully confirmed, the resulting discount value (in the event that the promotional code provides a discount) is automatically deducted from the value of the order, and the user must pay the difference to the total value of the order.
- Within one order placement procedure, only one promotional code can be used at a time.
- Rights and obligations of consumers
- In accordance with the Consumer Protection Act (ZVPot), the consumer has the right to communicate to the Company that he is withdrawing from the contract within 14 days from the receipt of the goods without having to state the reason for his decision. The withdrawal time period shall start expire the day after the date of the receipt of the goods.
- The consumer shall communicate its will to withdraw from the contract to the e-mail address of the seller firstname.lastname@example.org or in any other manner made possible by Company. The consumer’s will for withdrawal has to be stated clearly and unambiguously.
- In the event of withdrawal from the contract, the consumer either returns the goods received or sends them to the address of the Company (Prive Academy, LLCTax Gateway Center, Suite 2600Newark, NJ, 07102, US). In any event, the goods must be returned to the Company no later than 14 days after submitting the notice of withdrawal.
- In the event of withdrawal, the consumer shall return the undamaged goods to the Company and in the unchanged quantity, unless the goods have been destroyed, defected, lost or their quantity has decreased without consumer’s responsibility. Goods must be returned in their original packaging.
- If the consumer, upon withdrawal, requests the refund of the purchase price, the Company shall refund it only to the consumer’s bank account, which the consumer shall indicate in his request. Together with the statement of withdrawal the consumer shall state its personal data (personal name and contact details) and attach the invoice corresponding to the order. The company refunds the purchase price no later than in 14 days after receiving the returned goods.
- The only cost that the consumer bears regarding its withdrawal from the contract is the cost of returning the goods.
- Due to the nature of the service, the consumer does not have the right to withdraw from the online course order, except in cases where the consumer has not yet started the course or has not yet received materials related to the course.
- In the event that a coupon was used for the payment of the order (or part of the value of the order) and the consumer subsequently withdraws from the contract, the coupon of the same value as the original coupon had is returned to the consumer.
- In the event that a discount promotional code was used at the placement of an order and the consumer subsequently withdraws from the contract, the discount will be granted to the consumer with a new promotional code.
- Liability for defects of goods
- The company is responsible for the defects that the goods had when the risk of accidental destruction or damage was passed on to the customer. The passing of risk to the customer usually takes place at the time of the acceptance of goods.
- The customer is obliged to review the subject of the contract 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 which were known or should have been known to the client at the time of the review of subject of the contract.
- The client is obliged to notify the Company of obvious material defects immediately after the due review, and immediately after the actual discovery of the hidden material defects, otherwise the Company shall not be held liable for such defects.
- The consumer is obliged to notify the Company of the defect within two months from the day the error was discovered.
- The company is liable for defects that appear within six months from the delivery of the goods, and in the case of consumer contracts within two years from the date of delivery of the goods.
- For customers from United Kingdom the legal warranty period is six years. After the expiry of the six month period set out in the previous article, the burden of proof (for the faultiness of the product) is transferred onto the consumer.
- The Company guarantees that in regard to subject of the contract, no third party has a proprietary or 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.
- The company does not take into account any minor or insignificant defects.
- The Company guarantees for the quality of the product and its faultless operation within the warranty period, if the product is used in accordance with its purpose and the accompanying instructions.
- Products are under warranty if so stated on the warranty card or in the invoice. The warranty is valid if the product was used according to the instructions from the warranty card and only with the corresponding invoice having been submitted along with the faulty product. The warranty period is indicated on the warranty card or in the invoice.
- The warranty does not apply to injuries of the goods or misuse or use of the goods in a way that does not conform to the normal use of the goods.
- The warranty period starts to expire on the date of delivery of the product to the buyer.
- The warranty is excluded if the product has been serviced, repaired or otherwise tampered with by an unauthorized person or if the product has been irregularly maintained. Warranty applies only to the product stated on the warranty card.
- The buyer is obliged to take over the goods that it handed over to the seller for reasons of warranty or other consideration of defects after the conclusion of the repairment or inspection procedure. The buyer takes over the goods at the location where he personally handed them over to the seller, and in case of dispatchment of goods by delivery service, the goods will be returned to the delivery address provided in the placed order.
- The Company sends a notice to the buyer about the conclusion of the inspection/repairment procedure and invites it to take over the inspected/repaired goods. The buyer is obliged to take over the goods in 15 days from the receipt of the notice.
- If the buyer does not take over the goods within the set period, the goods are stored at the address of the Company and are kept up to 6 months after the date of sending the notice. For the time of storage of goods, the company has the right to reimbursement of storage costs (1 EUR per day) and any other costs necessary for the conservation of the goods.
- After the expiration of the 6 month period from sending the notice to the purchaser to take over and collect the goods, the Company may sell the goods. In such case, after deducting all relevant costs from the purchase amount, the Company transfers the remaining funds to the bank account of the buyer. The Company informs the buyer of the intended sale of such good 15 days before the expiration of the 6 month period referred to in this section.
COURSES AT LOCATION
- Different provisions
- Same provisions of the General Terms and Conditions shall apply (mutatis mutandis) to courses at location, unless otherwise expressly provided in this section.
- Registration and payment procedure
- When booking a seat for a course at a location, the client must pay the full amount of the course fee.
- The right of the Company to withdraw from the contract and to change the execution of the course
- The company reserves the right to withdraw from the performance of the contract in cases where there are not enough/too many applicants for a specific date of execution of the course, if the increased payment risk of the client is detected or if the order was not placed in accordance with the General Terms and Conditions. In all such and similar cases, the Company shall notify the contracting party of its withdrawal from the contract within 7 days before the planned date of the course by e-mail or, phone. In such cases, the client is entitled to a full refund of the paid amount.
- The company reserves the right to withdraw from the performance of the contract in the event of force majeure. In such a case, the Company shall notify the Customer of the withdrawal as soon as possible. In such a case, the client is entitled to a full refund of the amount paid.
- In abovementioned cases and in the event of post- application withdrawal by course applicants, the Company reserves the right to change the execution of the course. In the event that the contracting party does not agree with the change in the execution of the course, it can withdraw from the contract and request a full refund of purchase price.
- In the event of withdrawal of the Company from the contract or changes in the execution of the course, the Company shall not be liable to the Client for any incurring damages or costs.
- Applicant’s withdrawal from the contract and reimbursement
- Cancellation of the application (withdrawal from the contract) is possible only in written form, sent by e-mail to email@example.com or by letter to Prive Academy, LLC,Gateway Center, Suite 2600,Newark, NJ, 07102, US.
- The repayment scheme in the event of a cancellation of a course by the client is as follows:
- Cancellation up to 60 working days prior to the course execution: reimbursement of the paid amount after the deduction of the cancellation fee of 100%
- Cancellation up to 30 working days prior to the course execution: reimbursement of the paid amount after the deduction of the cancellation fee of 70%
- Cancellation up to 5 working days prior to the course execution: reimbursement of the paid amount after the deduction of the cancellation fee of 0%
- In the event that the client notifies the withdrawal from the contract in less than 48 hours (working days) prior to the commencement of the course, it is not entitled to any repayment of paid funds.
- Notwithstanding the above provisions, the Company will try to settle the cancellation of the course by the client in favour of the latter (alternative course term, etc.). In this case, the course application is also transferable to another person or to the next course term.
- The Company accepts applicant complaints at the Company business address or at the e-mail address firstname.lastname@example.org exclusively in writing, no later than 5 days after the conclusion of the course. The Company will respond to the complaint in writing within 12 working days.
28. Different provisions
- Same provisions of the General Terms and Conditions shall apply (mutatis mutandis) to online courses, unless otherwise expressly provided in this section.
29. Content of online course, shipping, discounts
Online course contains:
- Video Footage (Theory, live treatments)
- Professional set (Professional device+5 tips, 3x needles, 3x After Care Cream, USB, Textbook, Flyers, T-Shirt, numbing cream)
After the payment is done, online video access is given right away. In next 48 hours professional set is sent to client’s address.
Online course can be paid in split payments(instalment).
Once the first payment is done, client gets partial online access. After the second payment, full access to the course is given. After the third payment, professional set is sent to client’s address.
Possible discounts are applied to the first payment only. Additional charges may apply.
30.Complaints regarding Online Course
- The Company accepts applicant complaints at the Company business address or at the e-mail address email@example.com exclusively in writing, no later than 5 days after the conclusion of the course. The Company will respond to the complaint in writing within 12 working days.