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General Terms and Conditions

Match & Stitch Terms and Conditions Details

General Terms and Conditions

The general terms and conditions of the online Ornamentico.shop store are drawn up in accordance with the Consumer Protection Act (ZVPot), on the basis of recommendations from the GZS and international codes for e-commerce.

The online store is managed by Ornamentico Group d.o.o., Koprivnik v Bohinju, 5 4264 Bohinjska Bistrica (hereinafter referred to as "the provider"). The company is registered in the court register at the District Court of Ljubljana on 11.11.2016, registration number: 7176481000, VAT payer: yes, VAT number: SI73833479, Tax number: 73833479. Share capital: 7.500 EUR.

Bank account: SI56 290000052185178 in UniCredit Bank.

The general terms and conditions deal with the operation of the online store, the rights of the user and the business relationship between the provider and the customer.

The confirmation of the order informs the user of the general terms and conditions, the protection of personal data and the legal notice.

Prices

Prices of products in the online shop are quoted in euro (€) and not included 22% VAT (value added tax), unless explicitly stated otherwise.

Prices are valid at the time of award of the contract and do not have a predetermined validity.

Prices shall apply in the case of payment with the above payment methods, under the above conditions.

Despite exceptional efforts to provide the most up-to-date and accurate information, the price information may be incorrect. In this case, if the price of the product changes during the processing of the order, the provider will allow the buyer to withdraw from the purchase, while at the same time the provider will offer the buyer a solution that will go to mutual satisfaction.

The contract of sale between the bidder and the buyer is concluded at the moment when the contract is approved by the tenderer. As of this moment, all prices and other terms are fixed and apply to both the provider and the buyer.

Delivery and Access to Digital Services

All products and services offered through the https://matchandstitch.com website are supplied exclusively in digital form. We do not deliver any physical goods, and no postage, shipping or physical delivery charges apply.

After we have successfully received your payment and confirmed your order, access to the purchased Digital Service will be activated without undue delay and, under normal circumstances, immediately.

Access will be provided through your user account on our website. We will also send an order confirmation to the email address provided during registration or checkout. Where email verification or account registration is required, you must complete the relevant verification or registration steps before you can access the Digital Service.

Unless a different starting date is stated during checkout, your subscription begins on the date on which access to the Digital Service is activated.

The Digital Service is considered supplied when it has been made available through your user account and you are able to access or use it in accordance with the subscription or service package purchased.

Our Digital Service is available online, twenty-four hours a day, subject to scheduled maintenance, updates, security measures, technical interruptions and circumstances outside our reasonable control. Where reasonably possible, we will provide advance notice of planned maintenance that may materially affect access to the Digital Service.

The Digital Service may be purchased and accessed from countries in which we make it available. Availability may be restricted where required by applicable laws, regulatory requirements, international sanctions, payment-provider restrictions or technical limitations. Customers are responsible for ensuring that their use of the Digital Service is permitted under the laws applicable in their country of residence.

To access the Digital Service, you must have a compatible device, a supported web browser, a stable internet connection and a valid email address. Any specific technical, compatibility or interoperability requirements will be stated on our website or during the ordering process (if applicable).

You are responsible for providing accurate registration and contact information and for keeping your login credentials secure. We are not responsible for delays in access resulting from incorrect information provided by you, failure to complete account verification, or technical problems with your own device, internet connection or email provider.

Nothing in this section limits any mandatory rights or remedies available to consumers under applicable consumer-protection law.

Subscription Term, Renewal and Cancellation

  1. Service packages

    Access to paid functions of the Digital Service is provided through the purchase of prepaid service packages.

    Each package contains a specified number of:

    • thread and bead matching requests ("Match Credits"); and
    • embroidery design generation requests ("Design Credits").

    Match Credits and Design Credits are referred to collectively in these Terms and Conditions as "Service Credits."

    The number and type of Service Credits included in each package, the package price and any applicable taxes will be displayed on our website before you place your order.

  2. One-time purchase

    Each service package is purchased as a separate, one-time transaction.

    The purchase of a package does not create a subscription. Packages do not renew automatically, and no recurring payments will be charged to your payment method.

    We will not automatically purchase or add further Service Credits when your available balance becomes low or reaches zero.

    To obtain additional Service Credits, you must select and purchase another package through our website.

  3. Price of additional packages

    Each service package is purchased as a separate, one-time transaction.

    Prices, package contents and the number or type of Service Credits included in a package may change from time to time. Any such change will not affect Service Credits that you have already purchased.

    There is no special renewal price or guaranteed future price for additional packages. Before completing each purchase, you will be shown the applicable package contents, total price and any applicable taxes.

  4. Activation of Service Credits

    After we have successfully received your payment and confirmed your order, the Service Credits included in the purchased package will be added to your user account without undue delay.

    You can view your available Match Credit and Design Credit balances through your user account.

    If you purchase an additional package while you still have unused Service Credits, the newly purchased Service Credits will be added to your existing balance.

  5. Use of Match Credits

    One Match Credit entitles you to submit one eligible matching request through the relevant matching function of the Digital Service.

    The applicable number of Match Credits required for a particular function will be displayed before you submit the request if the function requires more than one Match Credit.

    Changing the search criteria, submitting a new thread or bead number, or requesting a new matching result constitutes a new request and may require an additional Match Credit.

  6. Use of Design Credits

    One Design Credit entitles you to submit one eligible design-generation request through the relevant design function of the Digital Service, unless a different number of Design Credits is clearly displayed before submission.

    A Design Credit is deducted when the Digital Service successfully processes the request and provides the generated result.

    Submitting a new prompt, uploading a different image, changing the requested design, or requesting a new generation constitutes a new request and may require an additional Design Credit.

    Any editing, regeneration or variation function that requires additional Design Credits will be clearly identified before the request is submitted.

  7. Unsuccessful requests and technical errors

    A Service Credit will not be deducted where a request cannot be processed because of a technical failure attributable to us and no usable result is provided.

    If a Service Credit is deducted but no usable result is provided because of such a technical failure, we will restore the relevant Service Credit to your account after confirming the failure.

    A result will not be considered technically unsuccessful solely because it does not correspond to your personal taste, expectations or preferred creative interpretation, provided that the Digital Service processed the instructions submitted and supplied the relevant result as described.

    This does not limit your rights where the Digital Service or supplied result does not conform to the contract or where you are entitled to another remedy under applicable law.

  8. Exhaustion of Service Credits

    When your balance of a particular type of Service Credit reaches zero, you will no longer be able to use the corresponding paid function.

    You may continue using functions for which you retain the required type and number of Service Credits.

    To continue using a function for which you no longer have sufficient Service Credits, you must purchase another available package.

  9. Validity of Service Credits

    Purchased Service Credits do not expire and will remain available in your user account until they are used, subject to these Terms and Conditions.

    Service Credits may nevertheless become unavailable if your account is lawfully terminated because of fraud, unlawful use, a material breach of these Terms and Conditions, or another ground permitted by applicable law.

    Temporary suspension of an account does not result in the automatic loss of unused Service Credits unless applicable law permits otherwise.

  10. Personal use and transfer of Service Credits

    Service Credits are assigned to the user account through which they were purchased.

    Unless we expressly permit otherwise, Service Credits:

    • cannot be transferred between user accounts;
    • cannot be sold, resold, exchanged or gifted;
    • cannot be converted into cash; and
    • cannot be used as a means of payment outside the Digital Service.

    This restriction does not affect any refund, reimbursement or other remedy to which you may be entitled under applicable law.

  11. Account closure

    You may request closure of your user account at any time.

    Before requesting account closure, you should use any remaining Service Credits that you wish to retain. Closing your account does not automatically entitle you to a refund for unused Service Credits, except where a refund or another remedy is required under applicable law.

    We will inform you of the consequences of account closure before permanently deleting the account and any remaining Service Credits.

  12. Statutory consumer rights

    Nothing in this Article excludes or limits any mandatory consumer rights available under applicable law, including rights relating to withdrawal, conformity of digital services, price reduction, termination and reimbursement.

    Before requesting account closure, you should use any remaining Service Credits that you wish to retain. Closing your account does not automatically entitle you to a refund for unused Service Credits, except where a refund or another remedy is required under applicable law.

    The conditions governing withdrawal from a package purchase are set out separately in the "Right of Withdrawal" Article of these Terms and Conditions.

Purchase

Order Confirmation and Conclusion of the Contract

After submitting an order, you will receive an electronic confirmation at the email address associated with your user account. The confirmation will include, as applicable:

You are responsible for providing a correct and accessible email address. If you do not receive an order confirmation after completing payment, please check your spam folder and your user account or contact us at info@matchandstitch.com.

The submission of an order constitutes your offer to purchase the selected package. The purchase contract is concluded when:

  1. your payment has been successfully authorized or received; and
  2. we send you an electronic order confirmation.

If payment is unsuccessful, declined or cancelled, the purchase contract will not be concluded and no Service Credits will be added to your account.

Before submitting the order, you will be given an opportunity to review the selected package, its contents, the total price and the information you have entered, and to correct any errors.

By activating the final purchase button, clearly labelled "ORDER WITH OBLIGATION TO PAY" or with another unambiguous statement indicating an obligation to pay, you:

Where your express request or consent is legally required for the Digital Service to begin before the end of the statutory withdrawal period, this request or consent will be obtained separately during checkout. The applicable withdrawal conditions are described in the "Right of Withdrawal" Article of these Terms and Conditions.

Activation of the Purchased Package

After the contract has been concluded, the Match Credits and Design Credits included in the purchased package will be added to your user account without undue delay.

No physical products will be shipped, and no postage or delivery charges apply.

You can view the status of your order, the package purchased and your available Service Credit balances in the relevant section of your user account.

If payment has been completed but the purchased Service Credits have not been added to your account, please contact us at info@matchandstitch.com. We will investigate the issue and, where the payment has been successfully received, activate the package without undue delay.

Electronic Storage of the Contract

The purchase contract consists of:

The purchase contract is concluded in <strong>English</strong>.

We store the purchase contract electronically. The order confirmation and purchase information will be available through your user account under "<strong>My Purchases</strong>" or another corresponding section for as long as stated in these Terms and Conditions.

You may download or print the order confirmation and the applicable Terms and Conditions for your records.

Invoice

We will issue an invoice for each completed purchase. The invoice will be supplied electronically by email, made available for download through your user account, or provided through another durable electronic medium.

The invoice will contain the purchased package, the applicable price, taxes and other information required by law.

Cancellation and Withdrawal

Orders cannot be cancelled on the basis of a special one-hour cancellation period.

Your statutory right to withdraw from a distance contract, including the conditions and consequences of requesting immediate access to the Digital Service, is governed by the "Right of Withdrawal" Article of these Terms and Conditions.

Nothing in this Article limits your mandatory rights in relation to non-supply, lack of conformity, refunds or other remedies available under applicable consumer-protection law.

Purchase History

To view your purchase history, sign in to your user account and open the "<strong>My Purchases</strong>" section.

Your purchase history may include:

Payment method

Customers based in Slovenia may choose the following payment methods in the ordering process:

By transfer to the seller's account after the invoice has been issued

In the case of a bank transfer, the buyer receives an invoice after the order has been confirmed, by e-mail, and the goods are dispatched to the buyer after receipt of the payment receipt or the transfer of funds to the seller's account. Bank account information: Ornamentico Group d.o.o., Koprivnik v Bohinju, 5 4264 Bohinjska Bistrica, IBAN: SI56 290 000052185178 in UniCredit Bank.

Payment using PayPal

If you choose to pay through the PayPal, you will be redirected to the process center at the PayPal. This is a secure system that allows payment by PayPal account to all registered users, as well as credit card payment to all unregistered users. On the payment page, enter your information, log into the payment PayPal, and confirm your payment. When you finish your payment, you'll be directed back to the Ornamentico.shop web page. If there is a problem, you will have an error. This error may occur due to an error in entering data, an over-account balance, a PayPal payment block, and so on.

Right of Withdrawal for Consumers

  1. Scope

    This Article applies to customers who purchase a Service Package as consumers — that is, as natural persons acting for purposes outside their trade, business, craft or profession.

    Customers acting in the course of a business or professional activity do not have the statutory consumer right of withdrawal described in this Article.

    Nothing in this Article limits any mandatory consumer rights available under the laws applicable in the customer's country of residence.

  2. Right to withdraw

    A consumer has the right to withdraw from the contract for the purchase of a Service Package within 14 days without giving any reason.

    The withdrawal period begins on the date on which the contract is concluded.

    The contract is concluded when we have successfully received or authorised payment and sent the consumer an electronic order confirmation.

  3. How to exercise the right of withdrawal

    To exercise the right of withdrawal, the consumer must inform:

    Ornamentico Group d.o.o. Koprivnik v Bohinju 5 4264 Bohinjska Bistrica Slovenia Email: info@matchandstitch.com

    of the decision to withdraw by means of an unequivocal statement.

    The consumer may exercise the right of withdrawal by:

    • sending an email to info@matchandstitch.com;
    • using the withdrawal function available through our website or user account; or
    • completing and sending the model withdrawal form provided at the end of this Article.

    Use of the model withdrawal form is optional. Any other clear statement communicating the decision to withdraw is sufficient.

    To help us identify the purchase, the consumer should provide the name and email address associated with the user account and, where available, the relevant order number. Failure to provide an order number does not invalidate an otherwise identifiable and valid withdrawal notice.

    To meet the withdrawal deadline, it is sufficient for the consumer to send the withdrawal statement before the 14-day period expires.

    We will confirm receipt of an electronically submitted withdrawal statement by email or another durable medium without undue delay.

  4. Immediate activation of the Service Package

    Service Credits are normally added to the user account and made available for use immediately after payment has been successfully completed.

    Where activation or use of the Digital Service is requested before the end of the 14-day withdrawal period, we will obtain the consumer's express request or consent during checkout where required by applicable law.

    The relevant consent will be requested separately from general acceptance of these Terms and Conditions and will not be pre-selected.

    By requesting immediate activation, the consumer expressly asks us to begin supplying the Digital Service before the end of the withdrawal period.

  5. Withdrawal before any Service Credits have been used

    If the consumer validly withdraws within the 14-day period and has not used any Match Credits or Design Credits from the purchased package:

    • the unused Service Credits from that package will be removed from the user account; and
    • we will refund the full price paid for that package.
  6. Withdrawal after use of Service Credits

    If the consumer expressly requested immediate performance and then withdraws after using one or more Service Credits, the consumer may be required to pay a proportionate amount for the part of the Digital Service supplied before the withdrawal statement was received.

    The refundable amount will therefore be the package price paid, less the proportionate value of Match Credits and Design Credits already used.

    For this purpose, the package description or checkout information will state the value allocated to each type of Service Credit included in the package. The total allocated value of all Service Credits included in the package will not exceed the package price paid.

    The amount deducted from the refund will be calculated as follows:

    • number of Match Credits used × package-specific value of one Match Credit; plus
    • number of Design Credits used × package-specific value of one Design Credit.

    The total amount retained will not exceed the price paid for the relevant package.

    No proportionate amount will be charged where applicable law does not permit it, including where the required information or express request to begin performance during the withdrawal period was not obtained.

  7. Completion of the Digital Service

    Where the contract is legally treated as a contract for services, the consumer may lose the right of withdrawal once the contract has been fully performed, provided that:

    • performance began with the consumer's prior express consent;
    • the consumer expressly requested performance before the end of the withdrawal period; and
    • the consumer acknowledged that the right of withdrawal would be lost once the contract had been fully performed.

    For the purposes of a Service Package, full performance normally occurs when all Service Credits included in that package have been used and the corresponding matching or generation results have been supplied.

  8. Digitally generated content

    Certain generated designs, images, files or other results may constitute digital content that is not supplied on a tangible medium.

    Where applicable law treats a particular result as such digital content, the consumer may lose the right of withdrawal in relation to that supplied content once its supply has begun, but only where all legally required conditions have been satisfied, including:

    • the consumer's prior express consent to begin supply during the withdrawal period;
    • the consumer's acknowledgement that the right of withdrawal will thereby be lost; and
    • confirmation of that consent and acknowledgement on a durable medium.
  9. Refund following withdrawal

    Where the consumer validly exercises the right of withdrawal, we will make the applicable refund without undue delay and no later than 14 days after receiving the withdrawal statement.

    The refund will be made using the same means of payment used for the original transaction, unless the consumer has expressly agreed to another means of payment. The consumer will not incur any fee as a result of the refund.

    Unused Service Credits associated with the withdrawn package will be removed from the user account when the withdrawal is processed.

    Because the Service Package is supplied digitally, the consumer does not need to return any physical item and no return postage or delivery costs apply.

  10. Purchases after the withdrawal period

    After the 14-day withdrawal period has expired, unused Service Credits are not refundable solely because the consumer has changed their mind or no longer wishes to use the Digital Service.

    This does not affect any mandatory rights relating to:

    • failure to supply the Digital Service;
    • lack of conformity;
    • defective or technically unsuccessful performance;
    • price reduction;
    • termination of the contract; or
    • reimbursement required under applicable law.
  11. Model withdrawal form

    Complete and return this form only if you wish to withdraw from the contract.

    Withdrawal Form

    To:

    Ornamentico Group d.o.o.

    Koprivnik v Bohinju 5

    4264 Bohinjska Bistrica

    Slovenia

    Email: info@ornamentico.com

    I hereby give notice that I withdraw from my contract for the purchase of the following Service Package:

Principles of liability

The provider shall make every effort to ensure that the information published on its pages is up to date and correct. Nevertheless, the properties of the products, delivery date or price can change so quickly that the provider fails to correct the data on the web pages. In such a case, the provider will inform the buyer of the changes and allow him to withdraw from the order or replace the ordered product.

Although the provider is trying to provide accurate photos of the sales products, all photos should be taken as symbolic. Photos do not provide product properties.

Prices shall apply in the case of payment with the above payment methods, under the above conditions.

Despite exceptional efforts to provide the most up-to-date and accurate information, the price information may be incorrect. In this case, if the price of the product changes during the processing of the order, the provider will allow the buyer to withdraw from the purchase, while at the same time the provider will offer the buyer a solution that will go to mutual satisfaction.

The contract of sale between the bidder and the buyer is concluded at the moment when the contract is approved by the tenderer. As of this moment, all prices and other terms are fixed and apply to both the provider and the buyer.

Legal notice

The online shop is owned by Ornamentico Group d.o.o., Koprivnik v Bohinju, 5 4264 Bohinjska Bistrica, Slovenia. Content published in the online store is the property of Ornamentico Group d.o.o. and may be used for non-commercial purposes, but where they must maintain all the above copyright warnings and must therefore not be copied, reproduced or otherwise disseminated without the permission of Ornamentico Group d.o.o., Koprivnik v Bohinju, 5 4264 Bohinjska Bistrica. Sometimes it happens that we cannot guarantee the complete accuracy and reliability of all published data. We will take all warnings seriously and correct the published information immediately. We do not accept responsibility for any consequences arising from the use of information published in this online store or the temporary inaction of the online store. We reserve the right to make daily changes to content, errors in prices and written text. By using the visitor's online store, the customer confirms that he accepts and agrees with them.

Protection of children

Advertisements, the message will be clear to the reader (considering the age) and clearly separated from games and competitions. Any communication intended for children, it will be appropriate to their age and will not exploit familiarity of the child, lack of experience or sense of loyalty.

The seller is not allowed to take orders from someone, knowing or suspecting that a child is not, therefore, have the express written permission of their parents or guardians.

Service without the express written permission of their parents or guardians are not allowed to receive any personal data relating to children. It is also the provider of the third party may not issue data taken from children, except for parents or guardians.

The provider may not provide open access to the products or services that are harmful to children.

Complaints and disputes

The provider respects the existing consumer protection laws. The provider of all of the efforts to comply with its duty to put in place an effective system for dealing with complaints and determined person, which, in the event of a problem, the customer can connect via e-mail. The appeal shall be submitted via e-mail to the address info@ornamentico.com. The procedure for the hearing of a complaint are confidential.

The provider shall, within five working days, acknowledge to have received a complaint and a message to the customer, how long it will take to address it, and is constantly informed about the progress of the process.

The provider is aware that it is an essential feature of consumer dispute, at least as far as judicial resolution, and its asymmetry between the economic value of the claim and the costs incurred in the settlement of the very conflict. This is the main obstacle that the consumer does not initiate the dispute before the court. Therefore, the service provider seeks to use its best efforts to resolve any dispute harmoniously.

We wish you a pleasant and positive shopping!