TERMS AND CONDITIONS

​

The Terms and Conditions, set forth below, are binding,

and you indicate your acceptance of, and Agreement to be bound by them by viewing or

using the site www.orchidfalcon.com.

​

1. PLACE OF PERFORMANCE AND APPLICABLE LAW

Orchid Falcon Online Shop is represented by company Ivana Žigante s.p.

Ivana Žigante s.p. is a company registered in Slovenia (EU) under tax number 77679628  and registration number 8359636000, whose registered office is at Rimska 9, 1000 Ljubljana, hereinafter: Orchid Falcon.

The following Terms and Conditions listed below will apply between the user (hereinafter: you or buyer) of the orchidfalcon.com website ("site") and Orchid Falcon.

 

Slovenian Law shall govern this Agreement. You and Orchid Falcon each submit to the exclusive jurisdiction of the Slovenian courts in relation to disputes arising out of this Agreement..

 

Orchid Falcon makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

 

2. CONTENT

2.1 Orchid Falcon has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Orchid Falcon disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.

2.2 Orchid Falcon shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.

2.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Orchid Falcon. When you activate any of these you will leave the Orchid Falcon site and Orchid falcon has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Orchid Falcon.

 

3. LIMITATION OF LIABILITY

3.1 You agree that Orchid Falcon shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:

3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;

3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Orchid Falcon's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Orchid Falcon has been advised of the possibility of such loss or damage).

3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Orchid Falcon in contract, tort, negligence, statutory duty or otherwise (even where Orchid Falcon has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:

3.2.1 any defect in a product;

3.2.2 any failure by Orchid Falcon to process signals, data, information, orders or messages correctly or in a timely manner;

3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and

3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to 50€. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Orchid Falcon becomes liable for loss or damage that could otherwise have been limited.

3.3 You agree and acknowledge that you are in a better position than Orchid Falcon to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Orchid Falcon, and therefore that Orchid Falcon cannot adequately insure in respect of such liability. You warrant to Orchid Falcon that you will insure against, or bear yourself, any loss for which Orchid Falcon has excluded liability.

3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.

3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Orchid Falcon.

 

4. INDEMNITY

Save to the extent that it falls within the provisions of clause “DELIVERY”, you shall indemnify Orchid Falcon and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Orchid Falcon site or purchase of goods and/or services from that site which are brought or threatened against Orchid Falcon or suffered or incurred by Orchid Falcon by another person or entity.

 

5.PAYMENT

Payment is made exclusively by bank transfer or credit card and takes place at the same time as the order. Shortly after receipt of the payment, the buyer receives an confirmation thereof by email, and the implementation of the order starts.

By placing the order you warrant that the information given on your order form is complete and accurate.

All direct payment gateways offered by Wix.com and used by Orchid Falcon adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Therefore all credit and charge card holders are subject to validation checks aswell authorization by the card issuer. If the issuer of your payment card refuses the autorisation of payment to us, your order will not be accepted and Orchid Falcon will not be liable for any non-delivery or delay.

 

Questions concerning the payment can always be sent to: info@orchidfalcon.com.

 

6. VAT PRICING

All product prices displayed on the website are inclusive of tax or VAT (if applicable)

At the checkout stage any tax or VAT applicable to the product will be displayed in the order summary.

Shipping costs are displayed inclusive of tax or VAT.

 

7. TYPOGRAPHICAL AND PRICING ERRORS

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

 

8. DELIVERY

In principle, the place of delivery is that which the buyer (you) has made known to Orchid Falcon. The buyer is accountable for the correctness and comprehensiveness of the information that he gives when placing the order.

The transporter’s report upon delivery constitutes full evidence of the delivery being made available.

The shipping costs are entirely borne by the buyer. Possible import costs, additional taxes or others costs linked with the shipping are also fully borne by the buyer.

Delivery times quoted are estimates only, and Orchid Falcon shall not be liable for any delays or failure to deliver goods you have ordered or absence of delivery due to the transporter’s wrongdoing or/and for any damage to goods delivered that is caused except to the extent caused wilfully or negligently by Orchid Falcon.

 

9. DEFECTIVE / FLAWED PRODUCTS

9.1.Orchid Falcon stands behind all of our products. If you think the product has a workmanship or/and material flaw or/and any shortage, you have 14 days of the delivery date to notify us, stating the nature of the defect/flawd and the invoice number to info@orchidfalcon.com. Failure to notify us by these terms will deem you have accepted the product. If you do not notify Orchid Falcon accordingly, Orchid Falcon has no liability for any defect or/and material flaw or/and any shortage.

9.2.For defective goods we will refund you reasonable costs or replace the item free of charge included the delivery cost, but we shall have no further liability to you.

9.3. Product Aftercare

To ensure the quality of the purchased products, you should follow the instruction of the Care Labels on the products and the Care Guidelines on our website titeled Product Care.

If you have any questions about after care of purchased products please contact us on email info@orchidfalcon.com 

 

10. GIFT VOUCHERS AND VOUCHER CODES

Discount Vouchers can be redeemed at www.orchidfalcon.com on any purchase agreed in the specific terms and conditions of that sale.

Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.

Only one Discount voucher code can be used per person unless otherwise specified.

Only one Discount Voucher can be redeemed against a purchase in any one transaction unless otherwise specified.

Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers unless otherwise specified.

Discount Voucher are not transferable and do not have a cash redemption value.

Orchid Falcon reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.

A Discount Voucher code cannot be claimed on transactions that have already been processed by Orchid Falcon.

Orchid Falcon reserves the right to amend the terms and conditions of the Discount Voucher codes at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.

Orchid Falcon cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with the Discount Vouchers which occur as a result of, but not limited to, acts of God, fire, war, pandemic, disorder, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.

Voucher codes only apply against the full normal RRP of the product unless otherwise stated.

Voucher codes cannot be used in conjunction with existing offers or loyalty points unless otherwise stated.

The construction, validity and performance of these conditions shall be governed by the Slovenian Law.

 

11. COMPETITIONS

Competition details form part of these terms and conditions.

Entrant(s) must be aged 18 or over.

Proof of identity and age may be required.

Use of a false details or misuse of the intention of the competition will result in disqualification at Orchid Falcon's discretion.

All entries must be made directly by the person entering the competition.

Entries made online using methods generated by a script, macro or the use of automated devices will be void.

No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.

The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.

The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas.

Prizes are subject to availability and the prize suppliers' terms and conditions where applicable.

The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.

In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.

The winner(s) agree(s) to the use of their name, Facebook account name, Instagram account name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Orchid Falcon relating to any post-winning publicity.

Unless stated otherwise all postal entries must be made on the relevant coupon or form printed.

Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.

Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random; or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.

Confirmation of the prize will also be made in writing to the winner(s) where applicable or requested.

Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.

Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.

Competitions may be modified or withdrawn at any time.

The provider of the prize is Orchid Falcon unless specified within the promotional material.

The Promoter is Orchid Falcon represented by Ivana Žigante s.p., Rimska 9, 1000 Ljubljana, Slovenia (EU).

In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.

A list of winners will be available by writing into us or requesting on the website at the Promoter's address no earlier than six weeks (unless otherwise stated) after the close of the competition. For data security reasons only the entry name and county of the winners will be disclosed. 

 

12. EXTENDED PRIVACY POLICY

This privacy policy sets out how Orchid Falcon uses and protects any information that you give Orchid Falcon when you use this website.

Orchid Falcon is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Orchid Falcon may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

12.1.What we collect

We may collect the following information for order and/or marketing purposes where permission is expressly granted:

Name

Contact information including email address

Demographic information such as postcode, preferences and interests

Other information relevant to customer surveys and/or offers

12.2.What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

12.3.Internal record keeping.

We may use the information to improve our products and services.

We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

12.4.Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 12.5.How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 12.6.Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 12.7.Controlling your personal information

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at info@orchidfalcon.com.

12.8. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible. We will promptly correct any information found to be incorrect.

 

13. MATTERS BEYOND OUR REASONABLE CONTROL

Orchid Falcon shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, pandemic, disorder, flood, industrial disputes (whether or not involving our sub-contractors), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities. 

 

14. COPYRIGHTS

All product designs, distinctive model`s solutions, trademark, logo, distinctive simbols, text, graphics and their selection and arrangement on this site (www.orchidfalcon.com) are the copyright of Orchid Falcon or its content providers. As a visitor to the Orchid Falcon site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Orchid Falcon's prior written consent is strictly prohibited and may subject you to criminal or civil charges and penalties.

 

15. SEVERABILITY

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

 

Orchid Falcon

Ivana Zigante s.p.

Last updated 12. 11. 2020