These terms and conditions (“Terms”, “Agreement”) are an agreement between KREATIVA GROUP, proizvodnja, posredništvo, trgovina in storitve, d.o.o. (“KREATIVA GROUP, proizvodnja, posredništvo, trgovina in storitve, d.o.o..”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the creativybrush.com website and any of its products or services (collectively, “Website” or “Services”).
KREATIVA GROUP, proizvodnja, posredništvo, trgovina in storitve, d.o.o.
Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenia
VAT ID: 58329706
Registration number: 8583234000
On the home page press the shop. On the shop page choose a product and add it to the cart. You will be redirected to the cart page where you can proceed to checkout.
You can create an account in the checkout process by typing in your email, username, and password. Your account is automatically created when you complete the checkout process.
After you successfully complete the checkout process you will get an email that order was completed.
Concluding a sales contract
The order is confirmed after successful payment and you received an automated email with an order confirmation, which does not confirm that the product is in stock or it has been shipped, but only informs you that the system has received your order and that order is in processing. The sales contract is concluded when the seller confirms the buyer’s order by e-mail.
The euro exchange rate is calculated according to the central parity rate. The seller is TAXpayer. All prices are inclusive of VAT where VAT is applicable unless expressly stated otherwise. The sales contract between the provider and the buyer is concluded at the time of the submission of the online order. (the customer receives an electronic status message: the order is accepted). From this moment, all prices and other conditions are fixed and apply to both the provider and the buyer.
Buyer has a right to withdraw from the sales contract with a right to full refund without having to state the reason for his decision within 14 days from concluding a sales contract. To do so the buyer must send an email in time to [email protected]. Refund will be issued within 14 days after receiving rightful request. Refund policy doesn’t apply to legal entities.
ATTENTTION! The possibility of withdrawal does NOT apply to legal entities and for ordering custom covers.
The buyer who withdraws from the sales contract must return the goods undamaged in their original packaging and in the same quantity. In the event that it is determined that a physical injury has occurred, that the quantity does not match, the buyer is obliged to pay for the damage.
The termination of the contract shall not apply in the following cases:
if the goods are damaged, dirty or traces of use are visible (physical damage, contact with liquid, etc.)
in the event of damage or destruction of the packaging, the value returned shall be reduced. Each packaging can be opened nicely to avoid visible consequences of opening. For damaged packaging (torn packaging, improperly packed package etc.), the merchant may charge up to 20% of the value of the goods.
The merchant will take a picture of returned package, contents and product with a camera as possible proof of damage.
Goods ordered from the creativybrush.com online store are on their way as soon as possible after confirmed payment.
You can choose the delivery method at the checkout. You can choose premium or standard delivery. Our delivery company is different from country to country.
Error and damaged products
An error or damaged product is when:
– the item does not have the characteristics necessary for its normal use or circulation,
– the item does not have the characteristics necessary for the specific use for which the buyer purchases it, but which the seller knew or should have known,
– the item does not have the characteristics and attributes that were explicitly agreed upon or prescribed,
– the seller has delivered an item that does not match the pattern or model bought.
How to check the suitability of an item?
It shall be checked with another, flawless article of the same type
How to report an error product?
The buyer must notify us of any material defect, together with a precise description of it, within the statutory time limit, and at the same time allow us to inspect the item. You can report eror via email to [email protected]
The Seller shall not be liable for any damage caused by incorrect or. negligent use of products!
The Seller is not responsible for any transport damage that occurred, when sending and receiving complaints.
The buyer is obliged to check the contents of the shipment. In case of damage to the shipment, the buyer is obliged to bring the whole shipment (package, protective packaging, products) to the delivery company that deliverd the package and together with the worker draw up an official record of the shipment damage.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change product pricing at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Billing methods you can use on our site:
Credit cards via stripe
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of liability
To the fullest extent permitted by applicable law, in no event KREATIVA GROUP d.o.o. its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if KREATIVA GROUP d.o.o. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of KREATIVA GROUP d.o.o.and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to KREATIVA GROUP d.o.o. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Slovenia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Slovenia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Maribor, Slovenia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us via email [email protected]
This document was last updated on 01.01.2021