Terms and conditions of sale

1. Introduction

1.1 These terms and conditions will govern the sale and purchase of products through our website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Slovenian Consumer Protection Act).

2. Interpretation

2.1 In these terms and conditions:

(a) "we" means PRESET, d.o.o., Pot za Brdom 104, 1000 Ljubljana, Company’s registration number: 7090722000 ; and

(b) "you" means our customer or prospective customer,

and "us", "our" and "your" should be construed accordingly.

3. Order process

3.1 The advertising of products on our website constitutes an "invitation to submit offers" (i.e. invitation to treat) rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order.

4. Products

4.1 The following types of products are available on our website: a range of photo backdrops of different patterns and colors, ideal for product and food photographers, bloggers, Instagrammers, agencies creating digital and print content, makers, crafters and more .

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5. Prices

5.1 Our prices are quoted on our website.

5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3 All amounts stated in these terms and conditions or on our website are stated in euros and are inclusive of VAT.

5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5 In addition to the price of the products, you have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6. Payments

6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of 25 EUR including VAT; and

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. Deliveries

7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.

7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavours to deliver your products within delivery periods as defined in our delivery policy document; however, we do not guarantee delivery within delivery periods defined in our delivery policy document.

7.4 Unless there are exceptional circumstances, we aim to dispatch products within 2 working days following the receipt of payment.

7.5 We will deliver products to countries set out in our delivery policy document.

7.6 A Working day is any day that is not Saturday or Sunday or a public holiday in Slovenia.

8. Distance contracts: cancellation right

8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to Preset d.o.o., Pot za Brdom 104, 1000 Ljubljana, Slovenia) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b) as otherwise provided in this Section 8.

8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

9. Risk and ownership

9.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.

9.2 Ownership of a product that you purchase from us will pass to you upon the later of:

(a) delivery of the product; and

(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

9.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

9.4 If you are business customer, then until ownership of a product has passed to you:

(a) you must store the product separately from other goods; and

(b) you must ensure that the product is clearly identifiable as belonging to us.

10. Warranties and representations

10.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

10.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you will enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

10.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, except to the extent expressly provided otherwise in these terms and conditions.

11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.8 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions will not exceed the total amount paid and payable to us under the contract.

12. Order cancellation

12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any breach of that contract.

12.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

12.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

12.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

13. Consequences of order cancellation

13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 9, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.

14. Scope

14.1 These terms and conditions will not constitute or effect any assignment or licence of any intellectual property rights.

14.2 These terms and conditions will not govern the licensing of works (including software and literary works) comprised or stored in products.

14.3 These terms and conditions will not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

15. Variation

15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. No waivers

17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2 No waiver of any breach of any provision of a contract under these terms and conditions will be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy, will constitute the entire agreement between you and us in relation to the sale and purchase of our products and will supersede all previous agreements between you and us in relation to the sale and purchase of our products.

21. Law and jurisdiction

21.1 These terms and conditions will be governed by and construed in accordance with Slovenian law.

21.2 Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Slovenia.

22. Statutory and regulatory disclosures

22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

22.2 These terms and conditions are available in English and Slovenian language.

22.3 Our VAT number is SI 90174089 .

23. Our details

23.1 This website is owned and operated by PRESET, d.o.o.

23.2 We are registered in Slovenia under registration number 7090722000 , and our registered office is at Pot za Brdom 104, 1000 Ljubljana, Slovenia .

23.3 Our principal place of business is at Pot za Brdom 104, 1000 Ljubljana, Slovenia .

23.4 You can contact us:

(a) by post, using the postal address given above;

(b) by email, using the email address published on our website from time to time.

24. Languages

24.1. These Terms and conditions have been drafted in Slovene and English language. In case of any inconsistencies between both versions, the Slovene version will prevail and will be considered an original.

<Trans>Delivery policy</Trans>

1. Introduction

1.1 In this policy we set out details of the delivery methods, delivery periods and charges that apply to online orders of our products.

1.2 This policy is a legally binding document and it forms part of the contract of sale between you and us, made under our terms and conditions of sale.

2. Delivery cost

2.1 All other orders will be subject to delivery charges as detailed in Section 5.

3. Delivery locations

3.1 We will deliver to the following countries and territories: EU and Non EU countries (Worldwide).

4. Delivery methods and periods

4.1 We deliver our products with three different couriers: DPD, GLS and DHL , depending on your delivery location. Our couriers are highly reliable and offer delivery tracking.

4.3 We aim to dispatch products within 2 working days* following the receipt of payment. The time periods, within which delivery is usually completed, are as follows:

Delivery locationTypical delivery period
EU countries2-3 working days* from the date of dispatch
Rest of the World4-7 working days* from the date of dispatch

* A Working day is any day that is not Saturday or Sunday or a public holiday in Slovenia.

4.4 Once your order is dispatched, you’ll receive a Dispatch confirmation e-mail containing a tracking code of your order.

4.5 If you place your order by 4pm CET/CEST on a working day as defined above, the dispatch periods run from the close of business on that day; if you place your order after 4pm CET/CEST on a working day as defined above, or on a non-working day, the dispatch periods run from the close of business on the next following working day.

4.6 The delivery periods set out in this Section 4 are indicative only, and whilst we will use reasonable endeavors to ensure that you receive your delivery within the delivery period set out in this Section 4, we do not guarantee delivery by this date.

4.7 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

4.8 We dispatch all orders from Slovenia (EU). For all orders made from countries outside of the EU, deliveries may be subject to import fees and taxes which are due on arrival and are not covered by the delivery costs charged in our web store. It's impossible for us to determine customs charges as they vary from country to country. If you need any detailed information about these charges please contact your local customs office.

5. Delivery charges

5.1 Our delivery charges are as follows:

Delivery locationTypical delivery charges
EU countries8 EUR
Rest of the World15 EUR

6. Delivery tracking

6.1 Delivery tracking is available in respect of all orders for our products.

6.2 To track your delivery, click on a tracking link provided in Dispatch confirmation e-mail.

7. Receipt and signature

7.1 All deliveries must be received in person at the delivery address, and a signature must be provided.

7.2 Our delivery service provider will notify you by e-mail and/or phone in advance of attempting to make a delivery requiring signature.

8. Additional deliveries

8.1 If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.

9. Collection

9.1 If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

10. Delivery problems

10.1 If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

10.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

10.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a) you provided the wrong address for delivery;

(b) there is a mistake in the address for delivery that was provided;

(c) the address for delivery is not reasonably accessible;

(d) the address for delivery cannot safely be accessed;

(e) if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f) if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

11. Languages

11.1. This policy has been drafted in Slovene and English language. In case of any inconsistencies between both versions, the Slovene version will prevail and will be considered an original.

<Trans>Returns policy</Trans>

1. Introduction

1.1 We understand that from time to time you may wish to return a product to us.

1.2 We have created this policy to enable you to return products to us in appropriate circumstances.

1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Slovenian Consumer Protection Act).

1.4 This policy is a legally binding document and it forms part of the contract of sale between you and us, made under our terms and conditions of sale.

2. Incorrect or damaged products

2.1 If you have received an incorrect or damaged product, please send us an e-mail at ask@instaset.eu with additional information (including pictures) within 7 days from the delivery date of the product. We will inspect each complaint individually and replace the product in case we estimate that your complaint has been founded. In such an event, we will cover the cost of product and delivery.

3. Returns

3.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return the product to us and receive a refund in accordance with this policy if:

(a) we receive the returned product within 15 days following the date we have sent you a return authorization number (Section 4.1) ;

(b) the returned product is unused with any labels still attached, and otherwise in a condition enabling us to sell the product as new;

(c) you comply with the procedure set out in this policy in relation to the return of the product; and

(d) none of the exclusions set out in this policy apply.

4. Returns procedure

4.1 In order to take advantage of your rights under this policy, you must contact us by e-mail ( ask@ instaset.eu ) within 7 days from the date of delivery of products , to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

4.2 Products returned under this policy must be sent to the following address: Preset d.o.o., Pot za Brdom 104, 1000 Ljubljana, Slovenia .

4.3 You will be responsible for paying postage costs associated with returns under this Section 4.

5. Refunds

5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2 We will not refund to you the original delivery charges relating to the returned product.

5.3 We will not refund to you any costs you incur in returning the product to us.

5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5 We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

6. Improper returns

6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a) we will not refund the purchase price or exchange the product;

(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

7. Languages

7.1. This policy has been drafted in Slovene and English language. In case of any inconsistencies between both versions, the Slovene version will prevail and will be considered an original.

Last edited 3.10.2018