Terms and Conditions

The Oduduwa Europe online shop is managed by the company AFRIŠKI KULTURNI CENTER, družba za izobraževanje in usposabljanje na področju kulture, d.o.o. (AKCS d.o.o.), Ulica Gorenjskega odreda 6, 4000 Kranj, Slovenia, registration number: 6057888000, tax identification number: SI-11060018 (hereinafter referred to either as “the seller” or AKCS d.o.o.). The general terms and conditions are compiled in accordance with the Obligations Code, the Consumer Protection Act, the Personal Data Protection Act, and the Electronic Communications Act.

The general terms and conditions determine the operation of the online store, outline the rights and obligations of both the user and the store, and govern the business relationship between the seller and the buyer. The general terms and conditions lay down the rules in relation to individual purchases at the delivery points of the company AKCS d.o.o. as well.

The buyer is bound by the general terms and conditions applicable at the point of purchase (i.e. the placement of an online order). The user is reminded of these general terms and conditions with every individual order and confirms their acknowledgement by placing an order. The general terms and conditions are available for review at the delivery points of the company AKCS d.o.o.

Types of Users

The visitor completes the registration procedure prior to placing the first purchase. Upon registering in the online store, the visitor acquires a username, which is identical to their e-mail address, and a password. The username and password identify the user unambiguously and connect them to the data submitted. The registration may also be completed during the purchase procedure. The purchase of items is possible without registering in the online store as well.

Sales

The sales contract between AKCS d.o.o. and the buyer in the online store is concluded in the moment when AKCS d.o.o. sends the initial message to the buyer informing them that the order has been received. From that moment onwards, all prices and other terms are considered fixed and binding both for AKCS d.o.o. and for the buyer. The buyer is deemed to be the person whose data is provided upon the placement of an order. Any subsequent changes to the buyer’s data shall not be possible. The sales contract (i.e. the initial electronic message regarding the order status) is saved in an electronic form on the AKCS d.o.o. server.

If the delivery period is longer than one month and the buyer is unwilling to wait, the buyer may inform AKCS d.o.o. who will then remove the item from the order and return any paid amount to the buyer.

Payment

AKCS d.o.o. for the Oduduwa Europe online shop enables the following methods of payment:

– with a debit card or a credit card (ApplePay, American Express, MasterCard®, Visa, BA Maestro), by bank transfer via STRIPE. In the case of payment by debit or credit card, the payer must be the same person or organization as the owner of the debit or credit card, whereby after confirmation of receipt of the order it is not possible to change the content of the order or of the final amount of the order, except in exceptional cases with the approval of AKCS d.o.o. Stripe provides anonymous, fast and secure business – online payments and payment acceptance. 

The consumer is aware that Stripe has it’s own Terms and conditions as well as the Privacy policy.

Along with the delivery of ordered items, AKCS d.o.o. shall provide the buyer with an invoice in the PDF format sent to the buyer’s e-mail address. The invoice includes a breakdown of the price and expenses in relation to the purchase as well as a note on the right to withdraw from the contract. The buyer is obliged to verify the correctness of the data prior to placing an order. Any subsequent objections regarding the accuracy of issued invoices shall be dismissed.

The Consumer’s Right of Withdrawal

The consumer has the right to inform the seller of their withdrawal from the contract, without having to specify a reason for doing so, within 14 days from receiving the goods (the stated applies solely to natural persons who acquire an item for purposes unrelated to their gainful activity). The 14-day period shall begin to run the day after the goods were received. The buyer shall notify the seller of their withdrawal from the contract via the seller’s e-mail address: shop@oduduwaeuropeshop.com by filling out the  withdrawal return form. In the event of the withdrawal from the contract, the buyer shall return the received item by post to the following address:  

AKCS d.o.o. 
P. P. 229 
SI-1236 TRZIN 
EU-SLOVENIA 
EUROPE 

In case of distance or off-premises contracts, the consumer has the right to inform the company of the withdrawal from the contract within 14 days without having to state the reason for doing so (Article 134 of the ZVPot-1). When withdrawing from the contract, the consumer must complete the withdrawal return form, wich is used by the consumer to inform the seller of the intention to withdraw from the contract. The consumer must return the received product to the seller undamaged and in the quantity supplied, unless the product has been destroyed, damaged, lost, or reduced in quantity through no fault of the consumer.

After receiving the completed form, the company will reimburse the consumer all payments received, including the cost of delivery (with the exception of any additional costs due to the choice of a type of delivery other than the most cost-effective standard form of delivery offered by the company), without undue delay and, in any case, within 14 days of receiving the consumer’s notice of withdrawal from the contract (i.e. the completed forms).

The buyer must return the item in the same condition and quantity as when they received it, unless the item has been destroyed, damaged, lost, or if its quantity decreased without the consumer being liable for it. The buyer is not allowed to freely use the items only to then withdraw from the contract. The buyer may inspect and test the items to the extent necessary to determine the actual condition of the items. The buyer shall be held responsible for any decrease in the worth of goods that is the result of an action not deemed necessary to establish the nature, characteristics and functioning of the goods. The only cost incurred by the buyer in connection with the withdrawal from the contract is the cost of returning the items. The items must be returned to the seller within 30 days from sending the notice of withdrawal from the contract (i.e. the notice of withdrawal from the purchase). 

The buyer does not have the right to withdraw from the contract when an item in question was manufactured according to the buyer’s precise instructions and adapted to their personal needs, when an item is unsuitable for return due to its very nature, when an item is highly perishable, or when an item is already past its expiration date. The withdrawal from the contract is not possible with the purchase of software and audio and video media if the buyer has opened the security seal.

Material defect

The buyer may assert their rights in relation to a material defect as long as they inform the seller within the period of one month from the day the defect was first discovered. The buyer must submit a notification with a detailed description of the defect via complaint e-form and enable the seller to review the issue at hand. The seller shall not be held responsible for any defects that arise after the period of two years from the date of delivery. A defect shall be considered to have existed at the time of delivery if it arises within the period of six months after the date of delivery. The buyer who duly notifies the seller of the defect shall have the right to demand the seller:

  •  
    • to remedy the defective goods or to return the part of the amount paid in proportion to the defect, or
    • to exchange the defective goods with new flawless goods, or
    • to return the amount of money paid.

A defect shall be deemed material if:

    • the item does not have the attributes necessary for normal use or circulation,
    • the item does not have the attributes necessary for the special use for which the buyer bought it, and this was or should have been known to the seller,
    • the item does not have the attributes and features that were expressly or tacitly agreed upon or prescribed,
    • the seller delivered an item that does not match the sample or model, unless the sample or model was shown for information purposes only.

What does not constitute a material defect?

When buying products made out of wood, every customer accepts the fact that as a natural material, wood may react differently to various weather-related and other conditions (e.g. changes in air humidity, atmospheric pressure, etc.). Therefore, it is possible that items made out of wood crack, slightly contract, or expand. In this respect, AKCS d.o.o. hereby explains that such a case does not constitute a material defect because the symbolic function of the item is not lost and its value does not decrease.

However, an instance where an item is damaged and individual parts fall off does constitute a material defect.

Personal data protection

AKCS d.o.o. undertakes to permanently protect all personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 and in accordance with the Personal Data Protection Act (ZVOP-1). All detailed information regarding the personal data processing is available here. The user must be aware that they are obliged to provide the online seller with their true and accurate personal data while also being required to inform the online seller of any changes to their personal data. By agreeing to these terms and conditions, the user confirms that the personal data provided is accurate.

Limitation of liability

AKCS d.o.o. is doing its best to ensure the timeliness and accuracy of the data published on its website. However, the characteristics of the items, the delivery date or price may change so rapidly that AKCS d.o.o. has no time to correct the data published on its website. In such cases, AKCS d.o.o. shall inform the client of the changes and enable them to withdraw from the contract or replace the item ordered. AKCS d.o.o. has the option of withdrawing from the contract only in cases where an evident mistake has been found (as referred to in Article 46 of the Obligations Code). An evident mistake is regarded as every mistake related to the essential characteristics of the product along with all the errors that are generally regarded as decisive in relation to the store practices or customers’ intentions, and in view of which AKCS d.o.o. would not issue a confirmation or conclude an agreement had it known about them earlier. This includes obvious errors in pricing. 

Complaints and disputes (Out-of-court settlement of consumer disputes)

AKCS d.o.o. complies with the applicable legislation on consumer protection, does its best to resolve any potential dispute in a consensual manner, and strives to fulfil its obligation by providing an effective system for the handling of complaints. The buyer may send their complaint via the complaints e-form under the Returns&Complaints tab. The handling of complaints is confidential.

In compliance with legal standards, AKCS d.o.o. does not recognise any provider of out-of-court commercial dispute settlement services as competent for resolving any commercial dispute that may be brought forward by the costumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act. As the provider of goods and services and the owner of the online store, AKCS d.o.o. provides an electronic link to the online consumer dispute resolution platform (SRPS) on its website. The platform is accessible to costumers via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL.

The arrangement is based on the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes as well as the amending Regulation (EC) no. 2016/2004 and the Directive 2009/22/EC.