Terms & Conditions

INTRODUCTION

Starkmat, Sebastjan Štarkel s.p. manufactures and markets Active Chair products directly in Europe and Northern America. A detailed description of Active Chair products is available when looking at each product individually in the Online Store. The system set up in this way requires you to play an active role. It complies with the legal requirements with regard to distance selling and consumer protection.

The distance selling process described in these Terms and Conditions (hereinafter the “General Conditions of Sale”) is reserved solely for the use of consumers.

1 – SCOPE OF APPLICATION

The General Conditions of Sale apply to all of your orders involving Active Chair products that are sold through our Online Store. We ask you to read them carefully. You can access the General Conditions of Sale at any time at our website and keep an electronic or printed copy of them. The General Conditions of Sale remain in effect as long as they appear on our website. The validation of your order signifies unconditional acceptance of our General Conditions of Sale, the Legal Notice and the website’s Terms of Use.

2 – IDENTITY OF THE OFFERING PARTY

Active Chair products are sold by the following company: STARKMAT, Sebastjan Štarkel s.p., whose registered office is located at Ulica heroja Stariha 19, 8340 Črnomelj, Slovenia, European Union, and whose VAT registration number is SI98751808.

Registered in:

AJPES, department Novo mesto, on 11.08.2016, registration number 7118708000.

3 – ORDERS

You can choose the Active Chair products that you wish to order, using the following procedures:

Orders

You can place any item in your shopping cart in segment of the site called “Shop”. Before any final order, you will have the opportunity to check the details of your order and its total price, and to correct any potential errors, before confirming that order. When you place your order, we will ask you to fill out an order form, providing information, including your personal data, in certain mandatory fields so that we can receive your order. For any order that you place through our Online Store, a confirmation email will be sent to you with your order number and the details of the Active Chair products you have ordered. All of the stages necessary for placing an order are described on our website.

Limitations

We reserve the right to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order.

4 – PRICE

The price of Active Chair products is given in EUR, including sales tax. All orders delivered outside of European Union may be subject to eventual taxes and customs duties, which the purchaser will be responsible for paying. We issue printed invoices; each is attached to the shipment. We can modify the prices listed in our Online Store at any time and without prior notice. However, such modified prices will only be applied to new orders, with the exception of orders that have already been placed.

5 – CONDITIONS OF PAYMENT

You can choose a payment in advance via Bank Transfer or you can pay with your PayPal account. By using PayPal you will be redirected to a safe site driven by PayPal and after the payment procedure, you will be redirected back to Active Chair web page. Note that your order won’t be shipped until the funds have cleared in our account.

6 – DELIVERIES

Your Active Chair products will be delivered to the address that you provided when placing your order. Except for specific circumstances or the unavailability of one or more Active Chair products, the Active Chair products in the same order will be sent in one delivery. It is to be understood that no delivery can be made to hotels or post boxes. Delivery will be made to the address provided when the order was placed, after the payment of the order amount has been recorded. Your order will be shipped within 15 days counted since payment confirmation. Signature will be required upon delivery. If, at the time of delivery, the exterior appearance of the package is not perfect, we would ask you to open it in the presence of the shipper, in order to check the condition of the Active Chair products that have been delivered. In the event of damage to the products, please provide a specific description on the purchase order. The rates for delivery are calculated based on shipping address.

7 – TRANSFER OF OWNERSHIP – PASSING OF RISK

The transfer of ownership of the Active Chair products will only occur after full payment of their purchase price. On the other hand, the passing of risk will occur upon delivery, meaning the moment when the Active Chair products are handed over at the delivery address that you have provided.

8 – RIGHT OF CANCELLATION – RETURN

We want you to be fully satisfied with your purchases. Therefore, if you are not satisfied with Active Chair products, we offer you the possibility of returning them and being reimbursed, through exercising your right of cancellation. On the other hand, we do not make any exchanges. You legally have a period of seven clear days to exercise your right of cancellation without the need to justify your reasons or to pay any penalties. However, in order to provide you with further satisfaction, we have decided to extend this period to 15 clear days. The products have to be in the same condition as when delivered. Before returning any order, you must first contact the Client Relations Department at email: info@activechair.eu so it may provide you with a returns number, which you must indicate on the return package. You must return the products to us in their original packaging, complete and accompanied by a carefully filled out shipping order debit memo, to the following address:

Starkmat, Sebastjan Štarkel s.p.

Returns Department

Ulica heroja Stariha 19

8340 Črnomelj

Slovenia, European Union

In order to facilitate your providing proof of this return, we advise you to return the Active Chair products to us by registered delivery, or by any other means that provides the specific date of your delivery. The costs of the return will be reimbursed to you up to the amount of the delivery cost indicated on the invoice that was sent to you with the Active Chair products. On the other hand, you will be solely responsible for any risk concerning the return. We will reimburse you for Active Chair products that are returned at the invoiced price, according to their method of payment, within a maximum period of 10 days following the date of return delivery. You alone will have the authority to exercise this right of cancellation. This right can therefore not be exercised by the party that receives your order. No reimbursement will be provided for any Active Chair products that are returned incomplete, ruined, damaged, deteriorated.

9 – LIABILITY – WARRANTY

You must ensure that the Active Chair products that have been delivered to you correspond to your order. Should the Active Chair products that have been delivered not coincide with your order, then you must inform the Client Relations Department of that fact by email and return the Product or Products in question, in accordance with the terms and conditions set out in the “Right of Cancellation” section. The performance of all or part of our obligations will be suspended in the event of an accident or force majeure event that prevents or delays their performance. The photographs, graphic images and descriptions of the products offered for sale are only indicative in nature, and are not binding upon us.

The guarantee does not cover damages caused by inappropriate or unspecified use according to the fields of use for the particular product as described on our website, as for example

neglect of product (lack of care and maintenance)

modifications (for example engravings or lacquering);

mounting and alteration of additional components that

were not expressly approved by us or replacement of our

original components by components that do not have a

similar quality;

crash;

excessive load;

jumps;

or excessive loads of any other kind.

10 – CLAIMS – INFORMATION

For any information, claims or questions concerning the conditions of sale of our Online Store or the Active Chair products themselves, you can contact the Client Relations Department at the following email address, providing your order number as applicable: info@activechair.eu

11 – PROTECTION OF PRIVACY

We take every care to protect your private information. We have set up an electronic file that collects certain personal data concerning our clients, in accordance with the legislation on the protection of personal information. At the time you place your first order through our Online Store or with the Client Relations Department, that database will be enriched using information concerning you, which will first of all make it possible to fill your order and then to better meet your expectations and facilitate any assistance that is provided for you by the Client Relations Department. This information can be sent to Active Chair and to its subsidiaries. The existence of this database has been disclosed in a declaration provided in accordance with the requirements of Law. You have an individual right, provided by law, to access, withdraw and correct the individual information of a personal nature that you have provided to us. You may exercise that right by writing to the Client Relations Department at the address given in the previous clause.

12 – INTELLECTUAL PROPERTY

The Active Chair trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the Active Chair products, their accessories or their packaging, whether they are registered or not, are and shall remain the exclusive property of Active Chair. Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever is strictly prohibited. This also applies to any combination or use in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo. These provisions also apply to all copyrights, designs and models and patents reproduced on the website. The use of all or part of our Online Store, in particular by means of downloading, reproducing, transmitting or representation for purposes other than for personal and private use for a non-commercial purpose is prohibited.