Terms & Conditions

We kindly advise you to read these Terms and Conditions carefully so you are aware of your rights and obligations under this Agreement. You are referred to in these Terms and Conditions as the Customer. For the sake of convenience we choose the masculine gender, but where "he" is mentioned we also mean "she".

Article 1. Definitions

1. In these Terms and Conditions, capitalized terms shall be defined as follows:
   
   Terms and Conditions
   the terms and conditions listed in this document as used by PlanetCare;
   
   Login Credentials
   the combination of the Customer’s username and password for placing an order on the Website;
   
   Cartridges
   PlanetCare’s microfiber filter cartridges;
   
   Customer
   the natural person who places an order on the Website;
   
   PlanetCare
   PlanetCare doo, established and having an office at Stegne 21, 1000 Ljubljana;
   
   Agreement
   an agreement between the Customer and PlanetCare, which is concluded via the Website on the basis of which the Customer buys the Product from PlanetCare;
   
   Member
   The recipient of the Subscription;
   
   Product
   a product or service that is offered on the Website by PlanetCare, including the Subscription;
   
   Privacy Statement
   the Privacy Statement of PlanetCare, which can be found on the Website;
   
   Subscription
   the subscription service for the Cartridges;
   
   Website
   the website owned by PlanetCare, on which the Product is offered;
   

Article 2. Applicability

1. These Terms and Conditions apply to every offering made by PlanetCare on the Website, to every Agreement concluded via the Website and to every use of the Website.
   
2. PlanetCare may amend and / or complement these Terms and Conditions at any time. Changes do not apply to already concluded Agreements. The most up to date version of the Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and / or complemented Terms and Conditions, the Customer cannot order the Product.
   

Article 3. Offer and establishment of the Agreement

1. Agreements enter into force by completing the ordering process on the Website and accepting the Terms and Conditions.
2. An offer on the Website is always without any obligation and can be revoked by PlanetCare immediately after an order.
3. PlanetCare is not bound by apparent errors and clerical errors in the offer on the Website.

Article 4. Subscription

1. The fee for the Subscription consists of a monthly fee, which covers the price of the Product, Cartridges, delivery and returns of used Cartridges for refurbishment. The monthly fee is stated on the Website.
   
2. The minimum term for a Subscription is 6 months. After this  6 month term, Members may terminate the Subscription. If a Member wishes to terminate during the first 6 months of the Subscription, the Member will be obligated to pay the entire fee for the remainder of the 6 month term.
   
3. Used Cartridges must be returned to PlanetCare using the pre-supplied and pre-paid postage box. Upon return, Member will receive same amount of new Cartridges as returned.
   
4. Upon termination of the Subscription, the Product and all Cartridges, must be returned for refurbishment and reuse, using the pre-supplied and pre-paid postage box.

Article 5. Starter packs

1. The price for the Starter Pack consists of the Product purchase price and additional delivery costs. All fees are stated on the Website.
2. To receive new Cartridges, the Customer has to purchase a Cartridges refill pack on the Website. The price for the Cartridges refill pack consists of the Product purchase price and additional delivery costs.
3. All used Cartridges must be returned to PlanetCare using the pre-supplied and pre-paid postage box.
4. In the case of Product use cessation, the Customer must return the Product and all Cartridges for refurbishment and reuse, using the pre-supplied and pre-paid postage box.

Article 6. Returns

1. All Customers have the right to return an unused and undamaged Product within 30 days after receiving the Product.
2. PlanetCare will refund the full Product purchase price after receiving the unused and undamaged Product, but will not refund the delivery costs.
3. If the Customer wishes to return an unused and undamaged product within 30 days, the Customer needs to cover all return shipping costs.
   

Article 7. Use and Availability of the Website

1. PlanetCare does not guarantee that information on the Website is always correct, current or complete.
2. During the registration process, the Customer can be asked to provide Login Credentials. The Customer guarantees to PlanetCare, and is responsible for ensuring that the information he provides is correct, complete and current.
3. The Customer is responsible and liable for all use made with his Login Credentials.
4. As soon as the Customer knows or has reason to suspect that his Login Credentials came into the hands of unauthorized persons, the Customer is obliged to report this case to PlanetCare, without prejudice to the obligation to immediately take effective measures himself, such as changing the Login Credentials.
5. PlanetCare reserves the right to change the login procedure and / or Customer’s Login Credentials if it is deemed to be necessary for the functioning of the Website.

Article 8. Price and payment

1. The stated price of the Product is valid the moment it is displayed on the Website. VAT, if applicable, is included in the stated total price. Any additional costs, such as shipping and payment costs, will be mentioned on the Website and are valid only on the day of the viewing, meaning that the costs can be subject to a change. PlanetCare reserves the right to ship only to limited scope of countries that can be subject to change. The valid list of countries to which PlanetCare ship to is mentioned on the Website.
2. The payment methods will be mentioned on the Website. When the Customer chooses a method of payment after delivery, the payment term depends on the payment method chosen, as indicated on the Website. The payment term is a deadline.
3. If the Customer exceeds the payment deadline or PlanetCare is unable to collect the amount due by means of the payment instrument chosen by the Customer before the end of the payment term, the Customer shall legally be in default, regardless of whether PlanetCare sends any further warning or notice.
4. If the Customer is in default with regard to his payment obligation, PlanetCare may refer the debt for collection, in which case the Customer shall also be obliged to pay the costs incurred by PlanetCare in accordance with the graduated scale of judicial collection expenses (BIK).

Article 9. Delivery

1. The delivery deadlines on the Website and / or during the ordering process are indicative and cannot be considered legal deadlines.
   

Article 10. Privacy

1. When visiting the Website and placing an order, or indicating Login information, (personal) information is supplied to PlanetCare. This (personal) information shall be processed in accordance with the applicable laws and regulations of the Republic of Slovenia and the Privacy Statement.
   

Article 11. Withdrawal and complaints

1. Within 14 days after the receipt of the Product the Customer has the right to dissolve the Agreement without providing reasons. If the right of dissolution applies, then the Customer can invoke this right by filling in the model form for dissolution, as provided by PlanetCare, and by returning this form - together with the Products delivered but not desired by the Customer - to PlanetCare. In the event of dissolution of the Agreement, the Customer is obliged to return the Product delivered but not desired by the Customer as quickly as possible, and in any case within 14 days after the declaration of dissolution.
2. In the event of dissolution of the Agreement, PlanetCare will refund the already paid amount under the Agreement by the Customer within 14 days after receipt of the declaration of dissolution, excluding cost of shipment. PlanetCare is entitled to deduct the value reduction of the Product from the amounts to be refunded, insofar as this decrease in value is the result of use by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
3. Complaints about the Product can be sent to hello@planetcare.org. PlanetCare will react substantively to the complaint within a reasonable period of time.

Article 12. Warranty

1. PlanetCare is obliged to deliver the goods in accordance with the Agreement and are liable for material errors of our fulfillment in accordance with the valid legislation.
   
2. In compliance with the legal obligation, PlanetCare gives a one-year guarantee of faultless operation. Any longer warranty period can be seen in the warranty card.
   
3. The guarantee can be claimed directly by the customer from the guarantor. When applying for a warranty, the warranty terms and conditions are set out in the warranty card that comes with the product. The guarantee can be claimed with a completed warranty certificate or upon submission of an invoice or other document from which the date of delivery of the product originates, in accordance with applicable consumer law. If the defects in the product are not resolved within 45 days of the receipt of the request for rectification, the company will replace the product free of charge with identical, new and flawless goods.
   

Article 13. Liability

1. In no event shall PlanetCare be liable to customer or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of this agreement, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
2. In no event shall PlanetCare’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of agreement, tort (including negligence) or otherwise, exceed the total of the amounts paid to PlanetCare for the products sold hereunder or, as to services, for the amounts paid to PlanetCare for services performed hereunder.
3. This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between PlanetCare and Customer, without which PlanetCare would not have agreed to provide the Products or services at the price charged. 

Article 14. Confidential Information.

1. All non-public, confidential or proprietary information of PlanetCare, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by PlanetCare to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by PlanetCare in writing. Upon PlanetCare’s request, Customer shall promptly return all documents and other materials received from PlanetCare. PlanetCare shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party.
   

Article 15. Intellectual Property

1. Any intellectual property in the Product shall remain the property of the PlanetCare.
   
2. Nothing contained herein shall be deemed to constitute, the grant of any licence or other rights by PlanetCare to the Customer in respect of any patent or other intellectual property rights, including but not limited to patents, designs, copyrights or confidential information or know how.
   

Article 16. Miscellaneous

1. The Customer may not transfer the rights and obligations arising from the Agreement to third parties.
2. The use of the Website, these Terms and Conditions and / or the Agreement are subject solely to Slovenian law.
3. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination, shall be settled by competent court in Ljubljana, Slovenia.