Terms Of Service
OVERVIEW
These Terms of Service govern the rights and obligations of MANLY, s.r.o. with its registered office at Vodarenska 2011/38, 058 01 Poprad, Slovak Republic, ID: 36457779, VAT: 2021424119, VAT ID: SK2021424119 (paragraph 7A), Tel.: +421 951 587 220, registered at the Presov District Office in the Commercial Register, insert number: 11380/P (hereinafter referred to as the "Seller") and the Buyer (hereinafter referred to as the "Buyer") when purchasing goods offered by the Seller through the electronic shop on the Seller's website www.incense-soul.com (hereinafter referred to as "incense-soul.com") ") and are an integral part of the purchase contract concluded between the Buyer and the Seller at a distance through electronic commerce on the Internet (hereinafter referred to as the" Purchase Agreement "). (Seller and Buyer together hereinafter referred to as the" Parties ").
These Terms of Service apply in the territory of all countries of the world for the purchase of goods ordered through electronic commerce on incense-soul.com and further regulate the mutual rights and obligations of the parties.
The Terms of Service come into force on the day of their publication on incense-soul.com and are available on the incense-soul.com website.
Incense Soul operates this website. Throughout the site, the terms "we," "us" and "our" refer to Incense Soul. Incense Soul offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and purchasing products from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The buyer means a natural person registered in the system or a legal entity that electronically orders goods through the E-shop on incense-soul.com. Registration takes place by filling out and sending the appropriate registration form on the incense-soul.com website. The buyer is obliged to provide correct, complete, and true data. The Buyer is obliged to update these data immediately in the event of their change, as their accuracy has an immediate effect on the delivery of goods to the Buyer by the Seller.
If the Buyer:
A - is a consumer within the meaning of § 52 par. 4 of Act no. 40/1964 Coll. The Civil Code, as amended, ie in the case of a Buyer who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract, the relations not regulated by these general business conditions are governed by the relevant provisions of Act no. 40/1964 Coll. Civil Code as amended.
B - is not a consumer within the meaning of § 52 par. 4 of Act no. 40/1964 Coll. The Civil Code, relations between the Buyer and the Seller, which are not regulated by these general terms and conditions, are governed by the relevant provisions of Act no. 513/1991 Coll. Commercial Code as amended. This person does not have the rights of the consumer under applicable law.
The rights of the Buyer as a consumer in relation to the Seller arising from Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws remain unaffected by these Terms.
An electronic order means a sent electronic form containing information about the Buyer, a list of ordered goods from the E-shop offer on incense-soul.com, and the total price of these goods, or the price for postage processed by the E-commerce system.
Goods are all products listed in the valid pricelist of the Seller on incense-soul.com.
Seller's contact details for Buyers: MANLY, s.r.o., Vodarenska 2011/38, 058 01 Poprad, Slovakia, (Monday to Friday) between 10.00 AM - 6.00 PM, tel. :e-mail: info@incense-soul.com, tel.: +421 951 587 220, U.S. Office: MANLY, s.r.o., 4000 W Montrose Ave #878, 60641 Chicago, IL.
The process of registration of the Buyer, electronic ordering of goods, and payment for goods electronically ordered as well as the processing of personal data of the Buyer is protected and secured by an SSL certificate. Let's Encrypt Certificate offers full verification of the above-mentioned processes. It is 128-bit encrypted and ensures that personal and confidential information is securely stored during transmission from the Buyer's browser to incense-soul.com.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted. You involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely information sources. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify this site's contents at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the website (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
The prices displayed on our site are tax-free in USD, which means you may be liable to pay for duties and taxes once you receive your order. Import taxes, duties, and related customs fees may be charged once your order arrives at its final destination, which your local customs office determines. Payment of these charges and taxes are your responsibility and will not be covered by us. We are not responsible for delays caused by the customs department in your country. For further details of the charges, please contact your local customs office.
SECTION 1 - ORDERING AND CONCLUDING A PURCHASE CONTRACT
The condition for the validity of the electronic order is the true and complete completion of all registration forms.
The following are considered essentials of an electronic order:
1. Buyer identification, i. business name or first name and surname, registered office/residence, ID number, VAT number, contact (telephone number and e-mail address);
2. Code of the ordered goods according to the catalog or also its description;
3. Quantity of ordered goods;
4. Address of the place of delivery of the goods (if this information is not provided, it is considered that the goods are to be delivered to the address of the Buyer's registered office/residence);
5. The moment of delivery of the goods (day, hour), if the Buyer agrees with the Seller differently than stated in the Terms;
6. Name and surname of the person authorized to take over the delivered goods (if this information is not provided, it is considered that the Buyer, or any of its employees, is entitled to take over the delivered goods).
If the order does not contain the requisites according to the previous article, it is considered incomplete. In such a case, the Seller will try to contact the Buyer and invite him to eliminate the shortcomings of the electronic order and its possible clarification and/or supplementation. Upon delivery of the data specifying and/or supplementing the electronic order to the Seller, the electronic order is considered complete.
The received electronic order is considered a draft Purchase Agreement and is binding.
The purchase contract between the Seller and the Buyer is based on a binding confirmation of the electronic order in the system. The Seller is obliged to confirm the content of the Buyer's electronic order by e-mail message (to the Buyer's e-mail address specified in the electronic order), immediately after its delivery to the Seller, no later than 24 hours after delivery of the order, otherwise, it applies The parties did not. The Buyer is obliged to check whether he has received an order confirmation within the specified period, including in other folders of the e-mail account, such as in the spam, as well as the content of the electronic order specified in the e-mail message by the Seller. In the event of any discrepancies regarding the content of the electronic order confirmed by the Seller, the Buyer is obliged to notify the Seller via e-mail sent to the e-mail address info@incense-soul.com.
The subject of the concluded Purchase Agreement is the Seller's obligation to deliver the goods to the Buyer to the specified delivery point in the agreed quantity, price, quality, and date and the Buyer's obligation to take over the goods at the place of delivery and pay the purchase price and postage within the agreed due date. follows from the Purchase Agreement.
Based on the sending of the order by the Buyer and its acceptance by the Seller in accordance with the Terms, a one-time purchase contract is concluded between the Seller and the Buyer. By concluding the purchase contract, the Buyer is obliged to take over the ordered goods in accordance with the agreed delivery conditions and the obligation to pay the agreed purchase price for the ordered goods and ordered related services within the due date according to the Terms. for an order with the obligation to pay.
Any change of the order after the conclusion of the Purchase Agreement is possible only by mutual agreement of the Buyer and the Seller.
The Purchase Agreement is concluded for the period until the full settlement of the obligations of the contracting parties arising from the Purchase Agreement, resp. for the period until its cancellation by the procedure resulting from the Terms and the relevant legal regulations.
The Seller is not responsible for delays in delivery and for damage caused by the fact that the Buyer did not enter all the required data during registration and/or fill in the registration form incorrectly. The Seller is also not liable for damage caused to the Buyer as a result of the Buyer's forgetting its access password and/or the Buyer's access password falling into the hands of unauthorized persons without the Seller's fault.
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we change to or cancel an order, we may notify you by contacting the email or billing address/phone number provided in a short time after the order was edited or canceled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 2 - ORDER CANCELLATION
The Buyer has the right to cancel the electronic order without giving a reason at any time before its binding confirmation by the Seller and must inform the Seller in writing.
The seller reserves the right to cancel the order or part thereof in the following cases:
1. If the order could not be confirmed in a binding manner, especially for the incorrectly stated telephone number, unavailability, the Buyer does not respond to e-mails, etc.
2. The goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. In the event that this situation occurs, the Seller will immediately contact the Buyer to agree on further action. In the event that the Buyer does not accept the proposed agreement from the Seller and has already paid part or all of the purchase price, this amount will be transferred back to his account within 14 calendar days from the date of cancellation by the Seller, unless the Seller and Buyer agree otherwise.
SECTION 3 - CONSUMER CONTRACTS AND INSTRUCTIONS ON THE RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT AGREEMENT
In the event that the Purchase Agreement is concluded using means of distance communication (in this case e-commerce on the Internet), the Seller provides the Buyer with the opportunity to withdraw from the Purchase Agreement without giving a reason even after the statutory period, within 14 days of delivery. Only if the Seller did not provide the Buyer with the information that is according to § 3 par. 1 letter h) of Act no. 102/2014 Coll. the law on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws obliged to submit, withdrawal period 14 days from delivery of goods. However, the buyer cannot withdraw from the contracts listed in § 7 par. 6 of Act no. 102/2014 Act on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws.
The Buyer's notice of withdrawal from the Purchase Agreement must be sent to the Seller by the end of the period for withdrawal from the Purchase Agreement and at the latest within 14 days from the date of withdrawal from the Purchase Agreement must be duly returned to the Seller complete goods with all documents and documentation were delivered to the Buyer. To quickly arrange the item, it is necessary to return the goods to the address of the Seller, MANLY, s.r.o., Vodarenska 2011/38, 058 01 Poprad, Slovakia. The time limit for returning the goods shall be deemed to have been observed if the goods have been handed over for carriage no later than the last day of the time limit.
By withdrawing the Buyer from the Purchase Agreement in accordance with previous points of this Article, the Purchase Agreement is canceled from the beginning. The Seller is obliged to take back the goods and return to the Buyer no later than within 14 days from the date of withdrawal from the Purchase Agreement the price paid for the goods in the same way as the Buyer used in its payment, including costs incurred by the Buyer in ordering the goods. The buyers did not agree otherwise. The cost of returning the goods is borne by the Buyer only if the goods fully met the quality requirements and were not defective.
In the event of non-compliance with any of the above conditions, the Seller will not accept withdrawal from the electronic order and the goods will be returned at the Buyer's expense.
Upon withdrawal from the Purchase Agreement, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the Buyer under paragraph 3 before the goods are delivered back or until the Buyer proves the return of the goods to the Seller.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices displayed on our site are tax-free in USD, which means you may be liable to pay for duties and taxes once you receive your order. Import taxes, duties, and related customs fees may be charged once your order arrives at its final destination, which your local customs office determines. Payment of these charges and taxes are your responsibility and will not be covered by us. We are not responsible for delays caused by the customs department in your country. For further details of the charges, please contact your local customs office.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
The purchase price of goods offered by the Seller through incense-soul.com is always listed next to the selected goods. The purchase price is always stated with value-added tax unless stated otherwise.
The Seller reserves the right to unilaterally adjust (increase/decrease) the prices of goods listed on incense-soul.com, provided that the new prices of goods are valid on the day of their publication on incense-soul.com. For the Buyer, the decisive price of the goods is always stated with the goods at the time of sending the order to the Seller. Any increase or decrease in the price of the goods by the Seller in the period from sending the order to the Buyer after delivery of the ordered goods or during complaint or other proceedings in connection with the return or exchange of goods does not affect the price of already ordered goods. The buyer is aware that in the event of a reduction in the price of the goods from the time of sending the order to the end of any complaint or other proceedings in connection with the return or exchange of goods, he is not entitled to a refund of part of the purchase price. orders to the Seller and the price of the goods at the time after sending the order to the Seller. The Seller declares that in the event of a unilateral increase in the price of the goods after sending the order to the Buyer, the Seller is not entitled to payment of the monetary difference between the price of the goods at the time of sending the order to the Seller and the price of the goods after sending the order to the Buyer.
In the event that the price on incense-soul.com appears to be obviously incorrect for some goods, e.g. if the goods are commonly available and generally known and their price differs from the usual price, or due to a system error the price of the goods appears "0 USD" or "1 USD", the Seller is not obliged to deliver the goods at the wrong price, but may offer delivery of goods at a proper price. If the Buyer does not agree with the proper price of the goods, in this case, he may withdraw from the Purchase Agreement.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - POSTAGE AND PACKING
The seller does not charge packaging if the goods are packed in the standard way necessary to preserve and protect the goods during transport.
The amount of postage for delivery of the order is stated in the order.
Based on the Seller's decision, the stated amount of postage may change and in that case, the conditions for determining the amount of postage and the amount of postage stated on the incense-soul.com website at the time of sending the order by the Buyer and in the order confirmation by the Seller apply. More HERE.
SECTION 7 - PROCESSING AND SHIPPING
Deliveries of electronically ordered goods will be dispatched as soon as possible, usually within 3 business days from the date of confirmation, receipt of the Buyer's electronic order by the Seller, to the place of delivery specified in the electronic order. However, delivery times vary due to the availability of some goods. More information about postage and shipping is HERE.
The Buyer acknowledges that in fulfilling the Seller's contractual obligations, the stated delivery dates are indicative. In the event that the Seller is unable to deliver the ordered goods within the given period, he is obliged to immediately inform the Buyer via the e-mail resulting from the order and notify him of the new expected delivery date of the goods. If the delivery time exceeds 90 days from the conclusion of the Purchase Agreement, the Seller is obliged to notify the Buyer via e-mail resulting from the order and agree with him to extend the delivery period. If the seller does not deliver the goods even within this additional reasonable period provided to him by the Buyer, the Buyer has the right to withdraw from the Purchase Agreement, and the Seller is obliged to return the purchase price to the Buyer's account within 14 days if it has already been paid in this way by the Buyer. If in view of all the circumstances, it is clear or if the Buyer has explicitly informed the Seller before concluding the Purchase Agreement that delivery of the goods within the specified period or day is particularly important for the Buyer and the Seller did not deliver the goods within this period, the Buyer has the right to withdraw from the Purchase Agreement. even without giving an additional reasonable period to deliver the item. If the seller is unable to deliver the ordered goods at all, he is also obliged to immediately inform the Buyer via the e-mail resulting from the order and agree with him on a replacement. In the event that the Buyer does not show interest in replacement performance by the Seller, he is entitled to withdraw from the Purchase Agreement, and the Seller is obliged to return the purchase price to the Buyer's account within 14 days if it has already been paid by the Buyer.
The buyer is informed about sending the ordered goods by e-mail. You can check the status of the electronic order by logging in to the incense-soul.com system. The Buyer is also notified by e-mail about the status of the electronic order.
The goods are delivered by courier service or by post to the address of the place of delivery specified by the Buyer in the electronic order, depending on which delivery method the Buyer has chosen in his order. In the event that the Buyer is not present at the time agreed with the courier service, at the place of delivery and does not authorize another person to take over the goods, the Buyer is liable for damage incurred by the Seller and/or courier service due to unsuccessful delivery of goods to the Buyer. The costs of re-delivery of goods to the Buyer shall be borne by the Buyer. In the event that the Buyer does not pick up the goods ready for personal collection within 15 business days or does not take over the goods from the carrier twice in a row, without agreeing with the Seller to extend this period, the Seller has the right to withdraw from the Purchase Agreement. If the Buyer has already paid the purchase price, the Seller will return the purchase price to the Buyer's account within 14 days, unless the Seller and the Buyer agree otherwise.
Ownership of the Goods passes to the Buyer by taking over and paying the purchase price.
The consignment with the goods does not always have to contain an invoice, which is sent to the buyer via email after payment and receipt of the goods. Delivery of the goods to the Buyer is possible only if the Buyer pays the purchase price and postage for the delivered goods if the obligation to pay postage arises from the Purchase Agreement.
Upon receipt of the goods, the Buyer is obliged to check whether the packaging in which the goods are packed is not damaged and, if necessary, to sign a document on receipt of the consignment, if necessary. In case of its damage, it is necessary to write a report with the carrier - courier service on the detected defects caused during transport, and the Buyer is obliged to immediately inform the Seller of the goods, in order to resolve the matter to the Buyer's satisfaction as soon as possible.
If the Buyer takes over the goods despite the obvious damage to the packaging, the Seller has the right not to accept any subsequent complaints about this reason.
Only the one that is covered with the Seller's protective tape is considered an undamaged, unopened, original shipment. The Carrier is obliged to hand over the goods to the Buyer item by item and to write the minutes on the spot. The carrier is responsible for such damage. If the package is glued with the Seller's protective tape, which is damaged or the Buyer finds other damage to the package or signs of unauthorized opening of the shipment, he is entitled not to accept the goods from the Carrier and is obliged to write a record with the Carrier stating exactly.
The buyer is also obliged to check the contents of the shipment immediately upon receipt of the goods and in the event that the delivered goods do not match the ordered goods or any damage damaged by transport, which does not manifest itself in external damage to the packaging, resp. If the Buyer discovers other shortcomings, he is obliged to immediately inform the Seller, in order to resolve the matter to the Buyer's satisfaction within 48 hours of delivery.
Communication between the Buyer and the Seller in accordance with para. 5 and par. 7 takes place preferably via e-mail marked by the contracting parties when confirming the order in order to speed up communication and processing the case.
Delivery of goods to all countries is carried out on the basis of prior consent and mutual written agreement of the price for postage and packing and possibly. other delivery conditions between the Buyer and the Seller.
All of our orders are sent with insured shipping and handling.
For multi-item orders, it may happen that your order can be shipped in separate packages at different times to reduce the weight of one shipment, to avoid any possible customs fees, and to get it to you as soon as possible..
We ship from several warehouses around the eastern Asian countries and territories, such as China, Singapore and Hong Kong.
The prices displayed on our site are tax-free in USD, which means you may be liable to pay for duties and taxes once you receive your order. Import taxes, duties, and related customs fees may be charged once your order arrives at its final destination, which your local customs office determines. Payment of these charges and taxes are your responsibility and will not be covered by us. We are not responsible for delays caused by the customs department in your country. For further details of the charges, please contact your local customs office.
Please understand that due to COVID-19, the shipments may delay! Orders may appear to be stuck while waiting to be cleared by Customs is the destination country. Typically, you will see an “Acceptance” tracking update until the package has been cleared by customs. Once the package has been cleared the courier will update tracking information until the package arrives at your door. If you think there may be a larger issue with your package please contact us at info@incense-soul.com.
SECTION 8 - PAYMENT
Payments are made in USD, and the Seller requires one of the following payment methods:
1. CARD PAYMENT VIA STRIPE: After completing the order, the Buyer will be automatically redirected to the payment gateway. The payment data required to make the payment is entered by the Buyer directly on the subpage of the payment gateway. The Seller does not come into contact with the payment card details and is protected by an SSL certificate;
2. PAYMENT BY PAYPAL: After completing the order, the Buyer will be automatically redirected to the PayPal payment gateway. The payment data required to make the payment is entered by the Buyer directly on the subpage of this payment gateway. The Seller does not come into contact with the payment card details and is protected by an SSL certificate.
SECTION 9 - COUPONS
Discount coupons as a reward for purchases.
The Seller may issue a discount coupon to the Buyer for the purchase in various values as a reward for repeated purchases.
The Seller will send such a discount coupon to the Buyer by e-mail together with the conditions of its use, validity, and value.
There is no legal right to issue a discount coupon.
In the event of withdrawal from the Purchase Agreement for any reason or any other reasonable return of goods by the Buyer to the Seller purchased on the basis of the applied discount coupon, the Buyer is only entitled to a refund of the amount paid for the purchase of goods in addition to the applied discount coupon. discount coupon for the purchase of goods. The Seller may decide whether to issue the discount coupon to the Buyer in cases according to the previous sentence for use in the next order.
For the use of discount coupons under this clause, if the adjustment in clause 8.1 of these terms and conditions is not sufficient, the provisions of clause 8.2 of these terms and conditions shall apply mutatis mutandis.
SECTION 10 - WITHDRAWAL FROM THE PURCHASE CONTRACT / EXCHANGE/ COMPLAINTS
For more details, please review our Returns Policy.
1. Withdrawal from the Purchase Agreement within a 14-day period after delivery. The buyer has the right to withdraw from the Purchase Agreement within 14 days of receiving the goods without giving a reason. The goods returned by the Buyer must be undamaged and must not show signs of wear and use. In this case, the Buyer does not pay a handling fee in connection with the withdrawal from the Purchase Agreement. The cost of returning the goods is borne by the Buyer only if the goods fully met the quality requirements and were not defective. The period for withdrawal from the Purchase Agreement is maintained if the Buyer sends the Seller a notice of the exercise of the right to withdraw from the Purchase Agreement no later than on the last day of the period for withdrawal from the Purchase Agreement. Withdrawal from the contract must be made in writing (by fax, e-mail, written consignment, or on another durable medium), except for withdrawal from the purchase contract concluded orally, when any unambiguous statement expressing the will to withdraw from the purchase contract is sufficient. Withdrawal from the contract must contain all the data used to identify the goods, Buyer, and Seller and must be given in the above period for postal delivery to the address of the Seller's registered office or to the address of one of the Seller's stores at the expense and responsibility of the Buyer. that the delivered goods are fully functional in terms of quality. The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the Seller no later than on the last day of the period for withdrawal from the purchase contract according to these Terms. The Buyer is obliged to return the goods to the Seller no later than 14 days from the date of delivery by sending the goods back. After receiving the withdrawal from the Purchase Agreement by the Buyer, the Seller will send a confirmation of receipt of the withdrawal from the Purchase Agreement/cancellation of the order to the Buyer's e-mail address.
2. The buyer returns the goods he did not order. In the event that the Buyer finds that the goods he has ordered do not correspond to the goods he has taken over, the Buyer has the right to return the goods to the Seller max. within 14 days of receipt of the goods by the Buyer. The Buyer does not pay a handling fee for returning the goods to the Seller. The cost of returning the goods is borne by the Seller.
3. The buyer requests the exchange of goods due to unsatisfactory parameters of the goods (size and/or color). In the event that the Buyer finds that the goods he has ordered do not fit him due to the unsatisfactory size and/or color of the goods, he has the right to return the goods taken over and request their exchange for goods of another color and/or size, resp. other types of goods, max. within 14 days of receipt of the goods by the Buyer. The exchange of goods can be carried out only if the Seller's stock allows it and the goods have been delivered undamaged and do not show signs of wearing. Otherwise, it is considered that the Buyer has withdrawn from the Purchase Agreement and will proceed in accordance with point 1.1 or 1.2., If the other conditions under point 1.1 or 1.2 are met. The Buyer does not pay a handling fee covering the costs incurred by the Seller in connection with the return of goods. The cost of returning the goods for exchange is borne by the Buyer, but only if the goods fully meet the quality requirements and have not been damaged. The Seller shall deliver the exchanged goods to the Buyer within 14 days from the date of receipt of the completely completed Form with the required documents and the goods to be exchanged.
4. The Buyer requests the issuance of a voucher for the purchase of goods on incense-soul.com in the total value of the already purchased goods, which he returns to the Seller without giving a reason. The Buyer has the right to request the issuance of a voucher for the purchase of goods from the Seller through upremedoggarage.com in the total value of the already purchased goods, which he returns to the Seller without giving a reason, max. within 14 days of receipt of the goods by the Buyer. The Buyer does not pay a handling fee in connection with the return of goods and the issuance of a voucher by the Seller. The cost of returning the goods is borne by the Buyer.
If the Seller fails to repeatedly call the Buyer and/or the Buyer does not respond to the Seller's e-mail request within 7 days of receipt of the Form and/or Required Documents by the Seller, the Seller reserves the right not to proceed with the return/exchange/complaint and the goods will be returned to the Buyer's costs back to the Buyer at the address given via email.
If the goods that are the subject of the exchange/complaint are not enclosed together with the returned shipment, the Seller reserves the right not to continue handling the matter until the delivery of the goods intended for the exchange/complaint to the Seller. In the event that even after the Seller's subsequent request, the Buyer does not deliver the goods intended for exchange/complaint, it is considered that the Buyer does not intend to exchange or complain about the goods. This also applies if the Buyer does not send the goods to be returned within 14 days of delivery.
The goods that are the subject of return/exchange must be complete, unused, undamaged and, if possible, in the original packaging, which is not damaged beyond the necessary handling necessary to become acquainted with the goods, otherwise the Buyer is responsible for any reduction in value. treatment of goods which goes beyond the treatment necessary to determine the characteristics and functionality of the goods. The original packaging of the goods (original box) must not be devalued by description, gluing, and the like in an attempt to use the original box as an outer packaging intended for the delivery of goods. The goods must not show signs of use. All labels, price tags, and other markings of the goods must be in the original place and must not be removed from the goods. The Seller recommends that the Buyer insure the goods that are the subject of the return/exchange/complaint. The risk of damage to the goods, which is the subject of return/exchange/complaint, is borne by the Buyer until the moment the goods are taken over by the Seller.
We recommend the buyer send the goods that are the subject of return/exchange/complaint to the address he will receive via email.
The total amount for the goods returned to the Seller in accordance with Terms, reduced by the handling fee/fees, in cases provided in these Terms, will be returned to the Buyer in the same way as the Buyer used in his payment, unless otherwise agreed by the Seller and the Buyer. within 14 days from the date of receipt of the goods that are returned for the reason stated in points of this Article.
SECTION 11 - WARRANTY CONDITIONS AND PERIOD
According to the law, the Buyer is provided with a warranty period of 24 months for the delivered goods. The Buyer may be provided with a longer warranty period for selected types of goods. The warranty period begins on the day the goods are handed over to the Buyer.
An invoice (proof of purchase of goods) is delivered to the Buyer for each product purchased from the Seller via e-mail, which also serves as a guarantee document.
Only goods purchased from the Seller and fully paid can be claimed.
When making a complaint, the Buyer is obliged to deliver the claimed goods to the address of the Seller's registered office clean, mechanically undamaged, including the required documents.
The buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of legitimate rights from liability for errors and was incurred in a real and efficient manner.
Details and procedures for claiming goods are regulated by the complaint procedure published on incense-soul.com.
SECTION 12 - ALTERNATIVE DISPUTE RESOLUTION
The Seller is interested in resolving disputes with the Buyer primarily out of court, and therefore, if the Buyer is not satisfied with the handling of the complaint or feels that his rights have been violated by the Seller, he may turn to the Seller to resolve the situation through e-mail address: info@incense-soul.com, respectively in accordance with Act no. 391/2015 Coll. on alternative dispute resolution for consumers, to submit a proposal for the initiation of alternative dispute resolution.
List of subjects of alternative dispute resolution The Buyer may also resolve disputes through the RSO platform - http://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov
The Buyer may also resolve disputes through the RSO platform - https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Alternative dispute resolution applies to disputes over $ 20 and can only be used to resolve a dispute between a consumer and a seller arising out of a distance consumer contract or concerning a distance consumer contract, where consumer means a natural person who concludes and the performance of the consumer contract does not take place within the scope of his business, employment or profession. The ADR entity may require the consumer to pay a fee for initiating the ADR, up to a maximum of $ 5.
SECTION 13 - PRIVACY POLICY AND PERSONAL INFORMATION
The Seller keeps the personal data provided by the Buyer exclusively for the purpose of fulfilling and additional confirmation of the conditions of the Purchase Agreement, for the purpose of processing the electronic order, delivery, settlement of payments, and necessary communication between the parties for ten years.
The contracting parties have agreed that the Buyer, if he is a consumer, is obliged to notify the Seller in the order of his name and surname, billing address, and delivery address, including postal code, telephone number, and e-mail address. The Contracting Parties have agreed that the Buyer, if he is an entrepreneur, is obliged to notify the Seller in the order of his business name, registered office address, including postal code, ID number, VAT number, telephone number, and e-mail address.
The Seller will not release the Buyer's data to third parties, with the exception of subcontractors, the Seller's intermediaries, even only those data that are necessary for the successful delivery. The Seller shall proceed in the handling of the Buyer's personal data in accordance with the EU Regulation 2016/679 on Data Protection (GDPR) and the provisions of the Personal Data Protection Act no. 18/2018 Coll. By ordering goods through the E-shop on incense-soul.com. The Buyer confirms that he has provided his personal data to the Seller voluntarily and agrees to their processing in the Seller's records unless they are in conflict with the law, as well as the disclosure and provision of data to third parties and state institutions under the conditions and to the extent provided by law.
The Buyer agrees to the processing, disclosure, and use of his personal data for the purpose of direct marketing of the Seller for a period of ten years. Based on a free written request delivered to the Seller's address, the Buyer has the right to request confirmation of whether or not personal data about the Buyer are processed and to object to the processing of his personal data, which he assumes is or will be processed for direct marketing purposes without his consent. and request their liquidation.
The Buyer agrees that the Seller entrusts the processing of personal data to the intermediary. The buyer declares that all information provided by him is true.
The buyer declares that he is aware of the consequences of providing false information, in particular the fact that such conduct could be classified as a criminal offense.
The Buyer authorizes the Seller to verify the provided credit card information in the relevant call center of the bank or company that issued the credit card.
The buyer is entitled to revoke the consent to the processing of personal data in writing.
The Buyer may, by checking the appropriate box before sending the order, express his consent for the Seller to process and store his personal data necessary for the Seller's activities related to sending information about new products, discounts, and promotions for the offered goods and process them in all its information systems. about new products, discounts, and promotions for the offered goods. The buyer can change or update his personal data at any time after logging in to his account or upon written request to info@incense-soul.com. At the written request of the customer, personal data will be deleted from the database. The buyer can unsubscribe from the newsletter by clicking on "unsubscribe" at the bottom of the Newsletter, or by writing to info@incense-soul.com.
The buyer is familiar with the storage of so-called cookies on his computer. Through the settings of his web browser, the buyer can manually delete, block or completely disable individual cookies. Instructions on how to reject or delete cookies can be found in the "Help" section of your web browser.
More about privacy policy HERE.
SECTION 14 - CIRCUMSTANCES PRECLUDING LIABILITY FOR INABILITY TO PERFORM
Neither of the Contracting Parties shall be liable for the impossibility of performance if the facts occur due to force majeure.
Force majeure is considered to be an event which the Contracting Parties could not have foreseen and which they could not have prevented even with the utmost professional care independent of their will, in a particular war, insurrection, strike, natural disasters, changes in legislation, and others.
In the event of an event under point 2, the Contracting Parties are obliged to notify each other without undue delay.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 16 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation; (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 17 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in Terms of Service, you are prohibited from using the site 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.
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Incense Soul, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
SECTION 20 - IDENTIFICATION
You agree to indemnify, defend and hold harmless Incense Soul and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 21 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of Slovakia.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@incense-soul.com or click here.
Company Headquarters in the European Union:
MANLY, s.r.o., Vodarenska 2011/38, 058 01, Poprad, Slovakia
company registered in the Commercial Register of the Presov District Court, Section: Sro, File no .: 11380/P
ID: 36 457 779
VAT: SK2021424119
Bank: VÚB Banka
IBAN: SK95 0200 0000 0040 0137 6956
SWIFT/BIC: SUBASKBX
Email: info@incense-soul.com
Tel: +421 951 587 220
Mo-Fri: 8:00 AM - 4:00 PM
United States Office:
MANLY, s.r.o., 4000 W Montrose Ave 878, 60641, Chicago, IL
Email: info@incense-soul.com
Mo-Fri: 8:00 AM - 4:00 PM
SECTION 27 - FINAL PROVISIONS
When purchasing goods on incense-soul.com, the Buyer assumes knowledge of the technical possibilities of the Internet and acceptance of possible problems caused by technology.
The seller is not responsible for damages caused by incorrect connection to incense-soul.com. The protection of the computer or the data contained in the computer burdens the Buyer.
The seller warns that the information provided on incense-soul.com may be updated without prior notice.
The seller is not liable to another party for direct, indirect, or extraordinary damages caused by the use of information from incense-soul.com.
The seller may change the goods listed on incense-soul.com at any time without prior notice.
The Seller reserves the right to change and/or supplement these Terms at any time. Changes and/or amendments to these Terms come into force on the day of their publication on incense-soul.com and do not affect the contractual relations that arose between the Buyer and the Seller before their publication. The Terms as amended on the day of concluding the Purchase Agreement apply to these contractual relations.
The Parties agree that all disputes arising out of their legal relations under the Agreement or related agreements, including disputes concerning the validity, interpretation, and termination of this Agreement, shall be settled amicably as a matter of priority. If the said disputes cannot be resolved by conciliation or through alternative dispute resolution, the competent Slovak courts in the place of permanent residence of the consumer under Slovak law are competent to hear the case through the courts.
By sending an electronic order to the Seller, the Buyer also confirms and declares its unconditional consent to these Terms and the Seller's complaint procedure.
If it is proven that any of the provisions of the Terms and/or the Purchase Agreement are invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of other provisions of the Purchase Agreement and/or the Terms. In such a case, the contracting parties undertake to immediately replace such invalid or ineffective provision with a new one, so that the preserved purpose pursued by the relevant invalid or ineffective provision at the time of its adoption, resp. conclusion of the Purchase Agreement.