Terms and Conditions of PMU-Factory DOO

1. Scope of Application

1.1 PMU-Factory DOO, with its registered address at Kotnikova ulica 5, 1000 Ljubljana, Slovenia, email address [email protected], shall hereinafter be referred to as “MicrobladingShop.” The term “Customer” refers to the contractual partner (references to “you” and “your” should be read accordingly).

1.2 These General Terms and Conditions (GTC) apply to all present and future transactions conducted via the MicrobladingShop online platform, accessible at www.microblading.shop, hereinafter referred to as “MicrobladingShop.”

1.3 Offers in MicrobladingShop are exclusively targeted at entrepreneurs within the meaning of Art. 1 of the Slovenian Commercial Code, with transactions intended as part of their business activities. Consumers and entrepreneurs for whom transactions do not constitute business activities are excluded from making purchases through MicrobladingShop. We reserve the right to cancel transactions and claim damages should a Customer misrepresent their intention to transact as part of their business operations.

1.4 By submitting an offer to us, you agree to these GTC. Terms and conditions from your side that differ from our GTC will not be recognized unless explicitly agreed upon in writing by us.

2. Contract Language

2.1 MicrobladingShop provides an English user interface and an English version of these GTC.

3. Exclusion of the Slovenian E-Commerce Act

3.1 The provisions of the Slovenian E-Commerce Act do not apply to transactions made through MicrobladingShop, except where such provisions are mandatory under Slovenian law. Specifically, the information obligations under Sec 9 (1) and (2) of the E-Commerce Act do not apply.

4. Offer and Acceptance

4.1 Prices, price offers, and product descriptions in MicrobladingShop are not binding and may be amended or withdrawn by us at any time before the explicit acceptance of your offer.

4.2 Any offers made by you to purchase products and/or services from us require our subsequent acceptance. We are not obligated to accept your offer. A contract is concluded only with our explicit or implied acceptance of your offer, particularly through the dispatch of the goods you have ordered.

5. Prices and Payment Terms

5.1 Prices for each product are stated explicitly in the shop. Unless specifically agreed upon otherwise, the following terms apply:

5.2 Prices are in Euros, inclusive of VAT but exclusive of shipping and transport costs, which are separately stated and borne by you. Any taxes, bank charges, fees, customs, or levies arising from the contract’s conclusion or performance are your responsibility.

5.3 The total invoice amount is due upon ordering. For orders involving multiple partial deliveries, we reserve the right to issue an invoice for each part delivered.

5.4 You are not entitled to offset claims unless your counterclaims are legally established or recognized by us.

6. Delivery and Transfer of Risk

6.1 Delivery terms are CIP (Carriage Insurance Paid to) to the designated destination, according to Incoterms 2020. We deliver to territories specified separately and may vary depending on the product.

6.2 Delivery dates are estimates and not binding. We reserve the right to make partial deliveries. You can rescind the contract due to delayed delivery only after granting us a minimum two-week grace period. The rescission must be communicated via registered mail and only applies to the delayed items.

6.3 Each partial delivery is treated as a separate contract. Delays in partial deliveries do not entitle you to rescind subsequent deliveries.

6.4 In the event of accidental damage or loss of a product, you must inform us in writing within ten days of receiving the damaged product or upon being notified of the loss, in accordance with claim notification procedures. Additional legal obligations remain unaffected.

7. Force Majeure

7.1 Neither party is liable for failure to perform their non-monetary obligations due to events beyond their reasonable control, such as natural disasters, government acts, pandemics (including COVID-19), wars, strikes, or other major disturbances. Such events will suspend affected obligations as long as the disruption persists, provided that reasonable efforts are made to resume performance.

8. Retention of Title

8.1 We retain ownership of the products until full payment is received. You may not dispose of the products until then. You must store the products separately and maintain records to distinguish between paid and unpaid items. Chattel mortgages or pledges are not permitted.

8.2 You must promptly notify us in writing of any third-party claims affecting our products.

8.3 We reserve the right to repossess and resell the products in case of default or if rescission conditions are met. Repossession only results in contract termination if we explicitly declare it. You will be charged for any transport and handling costs incurred in returning the products.

9. Obligation to Inspect and Complain

9.1 You are obliged to inspect the products upon delivery and ensure that they are in good condition, match the description, and are complete. Claims for defects or incomplete deliveries must be made in writing promptly, no later than four days from receipt.

10. Liability

10.1 We are liable only for damages caused by our willful or gross negligence. Claims for damages expire six months after you become aware of the damage and the responsible party.

10.2 Our liability is limited to direct and indirect damages not arising from the product itself (e.g., lost profits, data loss), except where statutory provisions mandatorily prevent such limitations.

10.3 We do not guarantee uninterrupted or error-free online service availability due to the inherent limitations of internet communications.

10.4 You are expected to take all reasonable measures to prevent and mitigate damages.

11. Warranty

11.1 If our products are defective, you have a limited right to warranty. Defects must be proven by you. You may choose from remedy options such as repair, replacement, or price reduction, at our discretion.

11.2 Warranty claims expire 12 months after delivery. This section does not cover repairs or alterations made by unauthorized parties or defects caused by improper use, accidents, or non-compliance with our instructions.

11.3 No warranty applies to replacement parts or accessories.

12. Permits, Customs Duties, and Export

12.1 You are responsible for obtaining any necessary permits or licenses at your own cost. Failure to obtain such permits does not entitle you to withhold or delay payment. All costs arising from the lack of necessary permits or licenses are your responsibility.

12.2 Products imported into certain countries may be subject to customs duties, which you must bear.

13. Notices

13.1 Communications regarding our contractual relationship may be sent by post or email to the addresses specified. You must notify us of any changes to your business address. If you fail to do so, communications sent to the last known address are considered delivered.

14. Personal Information and Data Protection

14.1 We process and use your personal data as permitted by law and protect it from unauthorized access. Our Privacy Policy details these terms.

15. Final Provisions

15.1 Transfer of rights and obligations from our contractual relationship requires our prior written consent.

15.2 Temporary non-enforcement of rights or granting of a grace period does not affect our rights. Waiving rights in one instance does not waive them in future breaches.

15.3 These GTC are governed by Slovenian law, excluding conflict of law rules and the UN Convention on the International Sale of Goods. The courts in Ljubljana have exclusive jurisdiction over disputes.

15.4 If any provision of these GTC is invalid or unenforceable, the remaining provisions remain effective. Invalid provisions are replaced by those that most closely achieve the intended commercial and legal effect.