KOKO Cosmetics - AGB

1. General Terms

In the process of purchasing the user, following technical steps are available to consumer (buyer):

a) login to the online store using an e-mail address or user password, if the user (customer) has previously created a user account (see also point 1)

b) to search for an individual product in the product offer in the online store c) selection of the product to be purchased;
d) adding the selected product for purchase to the shopping cart
e) determine the quantity of product to purchase in the shopping cart;

f) an overview of the price of the selected product in the selected quantity, including tax

g) selection of the method of delivery of the product (see also points 3 and 10) h) selection of the method of payment (see also point 4);

i) review of the order with the chosen method of delivery of the product and the charged delivery costs, if these are charged

j) confirmation and placement of order thus completing the purchase (see also points 6.3 and 6.4).

The General Terms and Conditions are compiled in accordance with regulations in the field of consumer protection, based on the recommendations of the Chamber of Commerce and Industry of Slovenia (GZS) and International Code for onli e- commerce.

The online store www.koko4skin.com (hereinafter referred to as the “online store”) is operated by the company Trgovina in proizvodnja kozmetičnih izdelkov KOKO kozmetika, Nina Berginc s.p. (hereinafter referred to as the “Merchant”).

By registering in the online store, the visitor obtains a username that is the same as his e-mail address and a user password set by the user himself. The username and password of the user are unambiguously determined and linked to the entered data. By registering, the visitor confirms and guarantees that he / she is an adult, with full legal capacity. By registering, the visitor becomes a user and have a right for purchase. By purchasing a product, the user becomes a customer; nevertheless registration is not a prerequisite for purchase.

These General Terms and Conditions define the operation of the online store, the rights and obligations of the visitor, user and customer, and the business relationship

between the Merchant and the user as a buyer of products from the online store offer.

2. Availability of information

The merchant undertakes to always provide the buyer with the following information:

a) the identity of the company (name and registered office, register number),

b) contact details that enable the user to communicate quickly and efficiently (e-mail),

c) the essential characteristics of the goods or services (including after-sales services and guarantees),

d) availability of products (any product or service offered on the website should be available within a reasonable time

e) the terms of delivery of the product or service execution (method, place and time of delivery)

f) all prices must be clear and unambiguous

g) it must be shown whether the prices already include value added tax and transport costs

h) method of payment and delivery

i) the validity of the offer

j) the period within which it is still possible to withdraw from the contract

k) conditions for resignation; in addition, if and how much it costs the customer to return the product,

l) an explanation of the complaint procedure, including all details of the contact person or customer service.

3. Product offer, delivery time and picking up goods

Due to the nature of online business, the offer of products in the online store changes and updates frequently and quickly. The delivery time for products in stock is 2-5 working days for delivery addresses in Slovenia, unless Pošta Slovenije or GLS delivers to an individual delivery address later (see item 10). For other products (for delivery addresses in Slovenia) the delivery time is stated, which is stated next to the product in the online store. Every product from the online store is available within a reasonable time. Acceptance of products is possible after postal collection.

4. Methods of payment

The merchant provides the user with the following methods of payment for the purchase of products from the online store:

a) payment in cash on receipt, in which case the online price applies (see point 5)

b) payment by transfer of the purchase price (advance payment) to the Merchant’s transaction account after the prepared offer or proforma invoice, in which case the online price applies (see point 5)

c) with a payment or credit card (Eurocard / Mastercard, Visa), in which case the online price applies (see point 5).

d) Via PayPal, the customer is redirected to the external website of the respective payment service provider.

5. Prices

The online price is valid for all registered users of the Merchant’s online store. All prices in the online store are in euros and include VAT. Prices in the online store do not include shipping costs. There are possible surcharges on the online price, depending on the chosen method of payment (see point 10. Delivery and delivery costs).

All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed each time. Despite the extraordinary efforts of the Merchant to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In the case from the previous sentence and in the event that the price of the product changes during the processing of the order (from the moment of placing the order until the confirmation of the order), the Merchant will inform the buyer and inform him about the new prices. In such a case, the Buyer has the option to change his order or partially or completely cancel it or confirm the order at new prices, without additional costs, or the Merchant will allow the buyer to withdraw from the purchase and offer a solution that will be mutually beneficial and satisfying.

Promotions and discounts are defined online and apply to labeled products for a specific period. Promotions and discounts are excluded and do not add up, unless otherwise stated.

6. Purchase process
6.1. Technical steps leading to the conclusion of a sales contract

6.2. Technological means that enable the identification and correction of errors before placing an order:

Before placing an order, the user (buyer) via a graphical user interface, is enabled to with immediate effect, easily and without problems:

a) sees and reviews which products he has selected and added to the shopping cart

b) sees and reviews the price of an individual product and the total price of the entire selected quantity of an individual product

c) changes the selected quantity of an individual product and calculates the new price of the quantity thus changed;

d) removes selected products it does not wish to purchase from the shopping cart; and

e) calculates the corresponding tax, according to the tax rate applicable to the selected product and its price (tax base).

Before confirming the order, the user can use the interface with immediate effect, easily and without problems:

a) changes the chosen method of product delivery b) changes the chosen method of payment
c) review and approve individual changes.
6.3. Order accepted

After placing the order, the user (buyer) receives a notification from the Merchant by e-mail that the order has been accepted. Except for the possibility of cancellation, the user (buyer) cannot change the content of the order after placing the order. The user (buyer) always has comprehensive information on the status and content of an individual order in his profile on the Merchant’s website.

6.4. Order confirmed

If the user (buyer) does not cancel the order, the order goes into further processing. Merchant upon receipt of order checks the availability of the ordered product and confirm the order or refuse on the ground. The merchant may also contact the user (buyer) by telephone to verify the data or ensure the accuracy of the delivery to the notified contact telephone number. The purchase contract on the purchase of the ordered products between the user (buyer) and the Merchant is irrevocably concluded at this stage (see point 7).

6.5. Goods shipped

The trader prepares and dispatches the products within the agreed deadline and notifies the customer by e-mai.

7. Purchase contract

The merchant issues an invoice (in written form) to user who buys the product from the online store and sends it by e-mail.

The purchase contract in the form of a purchase order is stored in electronic form on the Merchant’s server and is accessible to the user (buyer) at any time in his user profile. The sales contract is concluded in the Slovenian language.

The purchase contract between the Merchant and the user (buyer) is concluded at the moment when the Merchant confirms the order (see point 6.2.). From this moment on, all prices and other conditions of purchase are fixed and apply to both the Merchant and the user (buyer).

8. The right to withdraw from the purchase and return of products

Pursuant to Article 43.č of the ZVPot, the consumer has the right to notify the company within 14 days of conclusion of purchase contract, that he is withdrawing from the contract, without stating the reason for his decision. In this case, the consumer may be charged only with the costs referred to in the seventh paragraph of Article 43.d of this Act. In the event of withdrawal from the contract, the company immediately or no later than within 14 days after receipt of notice of withdrawal from the contract, returns all payments received. The company shall return the payments received to the consumer by the same method of payment used by the consumer, unless the consumer has explicitly requested the use of another method of payment and the consumer does not incur any costs as a result. The consumer cannot claim reimbursement of additional costs incurred if he has explicitly opted for another type of shipment.

In sales contracts, the company may withhold the refund of payments received until the returned goods are received or until the consumer provides proof that the goods have been returned, unless the company offers the option to take over the returned goods itself. The consumer is considered to return the goods on time if he sends them before the expiry of the 14-day return period. In connection with the withdrawal, the consumer shall bear only the costs of returning the goods, unless these costs are covered by the company or if the company previously informed consumers that it burdens the cost. In case of withdrawal the company immediately and no later than 14 days after receipt of the notification of withdrawal, return any payments received. The consumer is liable for a reduction in the value of the goods if the reduction in value is the result of conduct which is not necessarily necessary to establish the nature, characteristics and functioning of the goods.

9. Delivery and delivery costs

The online store enables sales and delivery on the territory of the Republic of Slovenia. The trader will deliver the ordered products to the user (buyer) within the agreed time. The contractual partner of the Merchant for the delivery of shipments are Pošta Slovenije and GLS. The item can be picked up exclusively through the delivery service. Shipments over the value of EUR 16.39 (net) are free of charge, regardless of method of payment.

Shipping costs whose value is less than 16.39 EUR (net) are paid by the buyer. In this case, the cost of postage is 3.5 EUR with VAT already included, regardless of the chosen method of payment. Shipping costs are listed during the order of the item. All shipments will be sent by mail and can be tracked with the code that you will

receive along with the confirmation of the shipment sent. In case of a change in the calculation of postage, the Merchant will publish the prices of delivery service items on the website. The trader reserves the right to choose another delivery service if it will be able to fulfill the order more efficiently.

10. Security

The merchant uses appropriate technological and organizational programs to protect the transfer and storage of personal data and payments. For this purpose, the merchant uses a 256-bit SSL certificate issued by an authorized organization. Secure authorizations and credit card transactions are handled by NOVA KMB d.d. Credit card authorizations are performed in real time with immediate verification of data at banks. Card information is not stored on the Merchant’s server. The user is also responsible for security by ensuring the security of his username and password, as well as the appropriate software and anti-virus protection of his computer.

11. Child protection

A merchant in an online store does not accept orders from someone he knows or suspects is a child without the express permission of his parents or guardians. The retailer in the online store does not offer free access to products or services that are harmful to children. The trader will not accept any personal data concerning children without the express permission of parents or guardians, nor will he disclose data received from children to third parties other than parents or guardians. Any communication aimed at children will be appropriate to their age and will not take advantage of children’s trust, lack of experience or sense of loyalty.

12. Privacy Policy

Part of these General Terms and Conditions is also the Legal Notice.

13. User opinions and product reviews

Opinions, comments and product ratings provided by users or visitors are part of the functionality of the online store and are intended for the user community.

The merchant is not responsible for the content of opinions, comments and product ratings provided by users or visitors. The Merchant reviews, comments and evaluations prior to publication review and rejects those that contain obvious untruths, are misleading, offensive, obscene or in the opinion of the Merchant do not benefit other users or visitors of the online store. The merchant is not responsible for the information and opinions, comments and ratings, and is exempt of any liability arising from such information.

By submitting review, comment or rating, the user or visitor expressly agrees to the terms of use and allows the Merchant to publish part or all of the text in all electronic and other media. The Merchant has the right to use the content of the opinion, comment or assessment indefinitely and for any purpose that is in the business interest of the Merchant, including publication in advertisements or other marketing communications. The author of the opinion, comment or assessment at the same

time declares and guarantees that he is the owner of the material and moral copyrights for the written opinions, comments or assessments and that he transfers these rights to the Merchant free of charge, not exclusively and indefinitely.

14. Responsibility

The Merchant makes every effort to ensure that the information published in its online store is up-to-date and correct. It may occure that product characteristics, delivery time or price may change so quickly that the Merchant is not able to correct the information published in the online store in a timely manner. In such case, the Merchant will notify the user (buyer) of the changes and allow him to withdraw from the order or change the order (see point 5).

From the moment the merchant delivers the shipment to postage office, the merchant is not responsible for physical damage, destruction or loss of the shipment, as well as not if there is a lack of content in the shipment or if the shipment shows signs of opening. In these cases, the user (buyer) must initiate a complaint procedure with Pošta Slovenije or GLS (depends on company delivering). In case of damaged shipment, buyer must bring shipment to the nearest post office in the same condition as it was received, without adding or removing anything, and filling out a complaint report. Together with Pošta Slovenije or GLS, the merchant will ensure that the complaint is resolved as soon as possible.

15. Complaints, disputes and application of law

The trader respects the applicable regulations in the field of consumer protection, has a system for handling complaints and has a certain person with whom the user (buyer) can contact via e-mail in case of problems. In case of problems, the user can turn for help or submit a complaint to the e-mail info@ko-ko.si. The appeal procedure is confidential. The trader will acknowledge receipt of the complaint within five working days and inform the user how long it will take to deal with it and keep him informed of the progress of the procedure. The trader will do his best to resolve any disputes amicably. If an amicable settlement of the dispute is not reached, the local court in Celje shall have exclusive jurisdiction to resolve all disputes between the Merchant and the user (buyer).

The consumer may exercise his rights arising from a material defect if he notifies the seller of the defect within two months of the day on which the defect was discovered. The consumer must describe the defect in more detail in the defect notice and allow the seller to inspect the item. The consumer may notify the seller of the defect in person, for which the seller must issue a certificate, or send it to the store where the item was purchased, or to the seller’s representative with whom he has concluded a contract. The seller is not liable for material defects in the goods that appear after two years have elapsed since the thing was delivered. A defect in things shall be deemed to have existed at the time of extradition if it occurs within six months of extradition.

The consumer’s rights from first paragraph shall expire two years from the day on which he informed the seller of the material defect. The consumer, who has correctly notified the seller of the defect, has the right to require the seller to: rectify the goods or return part of the amount paid in proportion to the defect or replace the defective

goods with new faultless goods or refund the amount paid. If the existence of a defect in the goods or an irregularity in the service provided is not disputed, the company must satisfy the consumer’s request referred to in Articles 37 and 38 of this Act as soon as possible, but no later than within eight days. The company must respond in writing to the consumer’s request no later than eight days after receipt, if the existence of a defect in the goods or an irregularity in the service provided is disputed.

The merchant and the user (buyer) as a participant in ecommerce mutually recognize the validity of electronic messages with the court.

These General Terms and Conditions and all disputes between the Merchant and the user (buyer) are subject to and apply Slovenian substantive and procedural law, without the application of the rules of private international law, which would prove the application of any other law. In all relationships, and the rights and obligations that are not covered by these General Terms and Conditions shall apply mutatis mutandis the provisions of the Code of Obligations, Law on Electronic Commerce Act, the Personal Information Protection and Consumer Protection Act.

In accordance with legal norms, we do not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act. The company KOKO kozmetika, Nina Berginc s.p. communicates to consumers on its website and publishes an electronic link to the online consumer dispute resolution (SRPS) platform. Platform is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLangu age. That regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 / EC.

16. Changes to the General Terms and Conditions

In the event of changes in the regulations governing the operation of online stores, data protection and other areas related to the operation of the Merchant’s online store, and in the event of changes in its own business policy, the Merchant may change and / or supplement these General Terms and Conditions. The trader will always inform the users about this in an appropriate way, which includes, in particular, notification via the website www.koko4skin.com. Any changes and / or amendments to the General Terms and Conditions shall enter into force and apply upon the expiry of an eight-day period from the publication of the changes and / or amendments. If the change and / or amendment of the General Terms and Conditions is necessary for the purpose of harmonization with the regulations, exceptionally these changes and / or amendments may enter into force and apply in a shorter time.

The user who does not agree with the changes and / or amendments to these General Terms and Conditions must cancel his registration within eight days of the publication of the notice on changes and / or amendments to the General Terms and Conditions. Otherwise it is considered that user accept changes and / or

amendments to the General Terms and Conditions after the expiration of this period. Cancellation of registration is done by the user notifying the Merchant of the cancellation in written statement.

The terms of business were accepted by the founder of the company KOKO kozmetika, Nina Berginc s.p. in Celje, on 1 November 2018 We wish you a pleasant shopping in our online store!