General Terms and Conditions & Privacy protection policy

General Terms and Conditions

The owner of the website and web domain www.benton.si (hereinafter: the website) is Salon klavirjev Benton d.o.o., Prešernova 9, 1234 Mengeš; registration number 5434297000 (hereinafter: Benton).

Use of the website (browsing, opening links, reading content, etc.) is considered as the consent of the website visitor to agree to these general terms of use. If you, as a site visitor, do not agree to these general terms and conditions, do not use the site.

Benton reserves the right to change these general terms and conditions at any time and without prior notice by posting a new version on the website.

These general terms and conditions apply to the entire site and all its individual parts, such as sections and subpages, unless expressly provided otherwise for each part.

Basic information of Salon Klavirjev Benton d.o.o.

  • Long title PRS: BENTON sales and service of musical instruments d.o.o.
  • Address: Prešernova 9, 1234 Mengeš
  • Registration number: 5434297000
  • Tax number: 74599372
  • Taxpayer: YES
  • Entry in the court register: District Court in Ljubljana, date of entry: 12.12.1990; SRG: 10957100
  • Date of registration in AJPES: 12.12.1990
  • SKD: G47.590 – Retail sale of furniture, lighting equipment and other household articles nec in specialized stores
  • Number of employees: 5 to 9 employees
  • Representatives: Benda Jožef, director

Benda Ivanka, director

Content on the website

Notices, contributions, articles, publications, texts and other content published on the website (hereinafter: content) are created with the best intention to provide customers and other visitors to the website (hereinafter: users) useful content regarding pianos, upright pianos and electric pianos. Benton tries its best to maintain the accuracy and correctness of this information and content by maintaining the website.

All product descriptions and photos originate (unless otherwise stated) directly from the manufacturers. Product descriptions are based on the manufacturer’s texts, so we cannot be responsible for product descriptions.

Benton reserves the right to change, add or remove content on the Website without prior notice and assumes no responsibility for any consequences of such changes.

The website also contains links that point to the websites of other people and organizations. Benton cannot influence the operation of these pages and their content and does not accept any responsibility for the accuracy of the information and content published there.

 

Copyright

All content, images, graphics and other elements on the website are subject to copyright and other forms of intellectual property protection.

The content on the website may not be reproduced, distributed or processed in other forms or used for commercial purposes without the prior written consent of Benton.

Availability of goods and deadlines

Check whether the product is in stock and what the estimated delivery time is at Benton by phone at 00386 31 630 830 or by e-mail [email protected]. We will deliver the ordered goods, if possible, within the usual delivery time, which is from 1 to 7 working days from the date of receipt of payment.

If it is not possible to deliver the goods within the usual delivery time, we will inform you as soon as possible about the new estimated delivery time. In case the product is not in stock, we will inform you of the delivery time upon request from the supplier by e-mail or by phone.

If we are unable to deliver the ordered goods to you within an additional period, you can withdraw from the contract, and we will refund all payments received to you no later than 14 days after receiving the notice of withdrawal from the contract.

Notwithstanding the provision of the previous paragraph, you can withdraw from the contract after the agreed deadline, without leaving the company an additional deadline to fulfill the obligations, if you inform the company before concluding the contract that the agreed deadline is an essential component of the contract.

In some cases, we may not be able to deliver the desired product to you because it is sold out. In this case, we will inform you when the product is expected to be available again.

The ordered goods are the property of Benton d.o.o. until the settlement of the entire purchase price.

* Due to the situation related to the Covid 19 Pandemic, delivery times are longer than usual for some suppliers. Before ordering a product that is not in stock, call us on 031/630 830 or write to us at [email protected] to check the estimated delivery time.

Payment

The bidder issues an invoice on a durable medium with a breakdown of costs. The user can choose the following payment methods when placing an order:

  • Payment by proforma invoice: when the method of payment by proforma invoice is selected, the subscriber will receive an Offer / Proforma Invoice with all the information necessary to make payment by proforma invoice (in this case the online price applies)
  • cash on delivery (in this case the online price applies; upon receipt of the package, hand over the cash to the delivery person and Pošta will make the payment for you; you pay Pošta Slovenije a commission for payment according to the valid price list of Pošta Slovenije);
  • by payment or credit card (in this case the online price applies);
  • with payment in installments of up to 24 installments without interest with the Diners Club card – This option is only available in case of purchase in a store (for online orders the latter method of payment is not possible, in this case the online price does NOT apply).
  • with installment payment Leanpay – available in the online store and when purchased in the physical store Salon klavirjev Benton d.o.o. -> Terms of use Leanpay

 

Prices

All prices in the online store are stated in euros and include VAT, except for used items under a commission contract, where VAT is calculated on the basis of Articles 48 and 49. ZDDV, but is not disclosed under Article 50.

Prices are subject to change without notice.

All prices in the online store are product prices and do not include shipping costs.

All prices are valid only for electronic ordering of products through the online store.

All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed each time. Benton d.o.o. wants to provide the most up-to-date and accurate information, but the price information may be incorrect.

If the product is not in stock, the price may change.

In the event that the price of the product changes during the processing of the order, ie from the moment of placing the order until the confirmation of the order, Benton d.o.o.

  • notify the customer and inform him of the new prices, in which case the user (buyer) has the option to change his order or partially or completely cancel it or confirm the order at the new prices, all at no additional cost; or
  • enable the customer to withdraw from the purchase and at the same time offer him a solution that will be to the mutual benefit and satisfaction.

Images can only be symbolic and do not always fully reflect the actual situation, but they are not misleading.

Possibilities of collection and delivery of goods

When the order is ready, we will notify you by e-mail or telephone if you have chosen personal collection.

  • Personal collection is only possible in Salon klavirjev Benton d.o.o., at the address Prešernova 9, 1234 Mengeš, within working hours.
  • In case you have chosen home delivery, we will deliver it or send the product to the selected address via a postal provide.

Delivery costs

When purchasing in the online store Benton d.o.o. in the total amount of 50 € or more, delivery is free. For purchases up to € 50, a symbolic postage amount of € 3.5 (including VAT) is charged.

Warranty

All products in our offer have a 1-year warranty (unless otherwise stated). After the expiration of the warranty period Benton d.o.o. provides service for at least another 3 years.

The warranty is valid subject to the instructions and conditions stated on the warranty card and upon submission of the invoice. The warranty period is stated on the warranty card or on the invoice.

Service – In Benton d.o.o. we provide servicing of instruments with original parts at least 5 years after the purchase of the instrument. We perform most warranty repairs, we send those instruments that we cannot service in our service center to contract services or directly to the manufacturer.

 

Purchase process

When you find the product you want to order, click “Add to cart” and specify the quantity.

When your order contains the number of items you want to buy, log in (or register if you are making a purchase for the first time in our online store).

Enter your delivery and payment details, double-check your order and confirm your purchase at the final stage.

Step 1 – Add products to your shopping cart

Add the product you want to buy to the cart by clicking the “Add to cart” button. For some products, it is possible to choose different variations of the product – color, material, etc. Before adding a product to the cart, select the appropriate product variation.

You can add any number of products to the cart. Once you’ve finished adding, you can continue shopping or complete your purchase. In the first case, the products in the cart will be saved for later purchase.

You can also remove the products in the basket as desired (by clicking on the [X] button) or change the quantity.

Step 2 – Choose a delivery method. For purchases with a total value of € 50 or more, delivery is free, if you still want to pick up the item in person at the Benton Piano Salon in Mengeš, write us in the next step under “Order Notes”.

When you have finished adding items to the cart, complete the purchase by clicking on “Continue to checkout”.

Step 3 – Choose a payment method (registration, enter the address for payment and delivery)

If you are a registered user, enter your username and password in the fields provided. Unregistered users fill in the form “Payer information”, where fields marked with an asterisk (*) are required. Confirm the entry of your data by clicking on the “Continue shopping” button.

The address for the delivery of the ordered goods is automatically displayed for registered users and is the same as the address you entered in the “Payer information” form. If you want to receive the ordered products to another address (eg to work), click in the field “Deliver to another address?” And then enter the required information. In this case, the invoice will be sent to the customer and the products to the addressee. Just know that if you send the package to a different address than the subscribers, payment for the goods after collection is not possible.

Once you have entered the required information, you must choose from the payment methods offered and indicate that you agree to the terms of business of the Benton d.o.o. website.

Step 4 – complete the purchase (check the order, select the payment method and confirm or complete the purchase)

Before clicking the “Buy Now” button to complete your purchase, double-check that the list of products you have ordered is correct. Also check the delivery address.

If all the above information is correct, complete the purchase by clicking on the “Buy Now” button.

You will receive a confirmation of the successful order to your e-mail address.

Signed contract

By placing an order (in the online store, via e-mail, telephone, SMS or order form), the customer accepts the general terms and conditions.

Data on concluded contracts / orders are stored in the online store system. One copy of this contract (invoice) will be received by the buyer upon delivery of the goods.

We carefully protect the customer information we obtain on the website and use it exclusively to make purchases and improve the operation of our website. We do not pass on the data to third parties.

 

Contract withdrawal

In the case of distance or off-premises contracts, you have the right to withdraw from the contract within 14 days without having to give a reason for your decision.

In the case of a sales contract, the withdrawal period starts on the day when:

  • acquire actual possession of the goods,
  • acquire actual possession of the last piece of goods if the subject of the contract is several pieces of goods that you ordered in one order,
  • acquire actual possession of the last consignment or piece of goods if the delivery of the goods consists of several consignments or pieces,
  • acquire actual possession of the first piece of goods if the delivery of the goods is regular during a certain period.

You do not have the right to withdraw from the contract for the following contracts:

  • contracts for goods or services, the price of which depends on fluctuations in markets over which the company has no influence and which may occur within the withdrawal period;
  • a contract for goods made to your exact instructions and tailored to your personal needs;
  • a contract for goods that are perishable or expire quickly;
  • a contract for the supply of sealed audio or video recordings and computer programs if you have opened the security seal after delivery;
  • a contract for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if you have opened the seal after delivery;
  • a contract for the supply of goods which, by their nature, are inseparably mixed with other objects;
  • a contract for the supply of digital content that is not delivered on a tangible medium if the provision of the service has been initiated with your explicit prior consent and with your consent to lose the right to withdraw from the contract;
  • contracts for batteries, accumulators and battery packs, cables, lamps, components, if you have opened the security seal or if the original packaging has been removed;
  • contracts for models drawn up in whole or in part by the consumer;
  • contracts for disposable products, spare and spare parts and used prepaid cards.

You can submit a notice of withdrawal to the company with an unambiguous statement clearly stating that you are withdrawing from the contract. You can send us a notice of resignation:

  • in writing to the company address
  • in electronic form at [email protected]
  • mark on the back of the invoice that you are returning the product and return the invoice together with the product to our address.

You are deemed to have submitted your resignation in a timely manner if you send it within the time limit set for withdrawal from the contract. The burden of proof regarding the exercise of the right of withdrawal referred to in this Article shall be borne by the consumer, ie you.

Rules on forms relating to the exercise of the right of withdrawal from a distance or off-premises contract can be found here.

Return of goods

If you have already received the goods and withdraw from the contract, you must return the goods within 14 days of notification of withdrawal from the contract to our address:

Benton d.o.o., Prešernova 9, 1234 Mengeš.

It is considered that the goods were returned on time if you sent them before the expiry of the fourteen-day return period.

Items must be returned undamaged, in the same quantity and in the original, undamaged packaging. Damaged items, items in altered quantity and items in non-original or damaged packaging cannot be returned. Returned items must be sent as a parcel and not as a letter, and must be accompanied by a copy of the invoice.

In the event of withdrawal from the contract, you only cover the cost of returning the goods, if you send it by mail; however, you can also return the goods in person to our Piano Salon in Mengeš, if you inform us in advance.

All costs associated with the return of products are paid by the buyer. We do not accept redemption shipments for returned products.

Exchange of goods

If after receiving the ordered goods you find that the product is not suitable and you would like to replace one or more products, please inform us within 14 days via e-mail [email protected] or on the phone number +386 31 630 830. if you wish to replace it, you must return it to us within 14 days of notifying us of your intention intact and in its original packaging, either by post (with shipping costs being borne by you) or in person at the Benton Piano Salon in Mengeš. We will start preparing a new order as soon as we receive the product you want to replace. If there is a difference in price when changing the product, you will only have to pay extra if the price of the new product is higher. If it is lower, we will refund the difference.

 

Refund of payments received

If you have already paid for the ordered goods before you decided to withdraw from the contract or. return of goods, we will return all payments received no later than 14 days after receipt of notice of withdrawal from the contract.

In the event that you received the goods before withdrawing from the contract, you must return the undamaged goods in the original packaging within a maximum of 14 days after you have notified us of the withdrawal from the contract. In this case, we will withhold the refund of payments received until we receive the returned goods or until you provide us with proof that you have sent the goods back.

We will refund your payments with the same form of payment as you used at the time of purchase, unless you specifically want a different refund method. In the event that we transfer funds to your bank account (personal account), please provide us with your personal account number.

Complaints will not be considered for products that are found to have been damaged due to improper or inappropriate use or handling. If you want to pick up such a product again after rejecting the complaint, we will send / deliver it to you and charge the costs associated with the delivery of the product, or you can pick up the product at our address for personal collection in Mengeš.

Actual errors

The bidder is obliged to deliver the goods to the buyer in accordance with the contract and is responsible for material defects of its sales items.

When the error is real:

  1. if the thing does not have the properties necessary for its normal use or for marketing;
  2. if the thing does not have the properties necessary for the special use for which the buyer buys it, but which was known to the bidder or should have been known to him;
  3. if the thing does not have properties and qualities that have been explicitly or tacitly agreed or prescribed;
  4. if the tenderer has delivered a thing that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.

The suitability of goods for normal use shall be assessed in the light of normal goods of the same type and taking into account any statements of the characteristics of the goods made by the supplier or manufacturer of the goods, in particular by advertising, product presentation or indications on the goods themselves. The provisions of the law governing obligations shall apply to the determination of liability for material defects in goods, unless otherwise provided by this law.

How do actual errors claim:

The customer can exercise his rights arising from a material defect if he notifies us of the defect within two months from the day the defect was discovered. The customer must describe the defect in more detail in the defect notification and allow us to inspect the item. The buyer can give us an error notification in person (where we are obliged to issue a certificate), send it to the store where the item was purchased, or to the seller’s representative with whom he concluded the contract.

Benton is not liable for material defects in the goods that appear after two years from the delivery of the thing.

Privacy Protection Policy on the Benton.si  webpage

This Privacy Protection Policy applies to anyone using the benton.si.

A user is any legal or natural person who uses or visits these websites (hereinafter: user).

By using any of these websites, users acknowledge that they agree with the Privacy Policy. Users agree to any changes by continuing to use the websites.

 

Personal data protection

We at Benton, d.o.o., respect your privacy and the security of your personal data. We undertake to use your personal data solely for the purposes listed below in this Privacy Protection Policy. We protect your personal data carefully and in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (hereinafter: GDPR), and other regulations governing personal data protection.

 

Personal data controller

Benton, d.o.o., Prešernova 9, 1234 Mengeš, Slovenia (hereinafter: the controller), is the controller of personal data obtained from the above websites that we process in accordance with our in-house Personal Data Protection Rules.

 

Disclosing personal data to third parties, third countries or international organisations

Benton, d.o.o., does not disclose personal data to third parties, third countries or international organisations.

An exception to this is the statistics on the visits to and the use of the websites for which Google Analytics online platforms are used.

Google Analytics in its General Terms and Conditions and Privacy Policy ensures compliance with the rules of the General Data Protection Regulation (GDPR) and confirms that it has obtained the EU-US Privacy Shield Framework compliance certificate.

Google Analytics allows users to edit their own data processing settings by using the Google Analytics tool. For more information about Google’s terms of service and privacy rules, please see the following online links.

 

Types of personal data, legal basis and purpose of data use

Benton, d.o.o. collects and processes personal data on the basis of individual consents or contracts entered into or for the performance of activities prior to entering into a contract, on the basis of the legitimate interests which we pursue, and for the fulfilment of legal obligations that apply to us.

 

Consent-based data processing

An individual whose personal data are processed on the basis of consent may consent to the processing of his or her personal data for each particular purpose separately.

The data subject may cancel his or her consent for each specific purpose in a simple and easily accessible way at any time.

 

Sending an inquiry to Benton, d.o.o.

On the basis of consent during the sending of an inquiry, Benton, d.o.o. collects and processes the following user data: first name and surname (company), e-mail address, street and house number, postal code, city/town, and telephone number, if provided by the user.

 

Contact related to consulting, sales and servis

On the basis of consent to the establishment of contact in relation to consulting, sales and servis, during the sending an inquiry, Benton, d.o.o. collects and processes the following user data: first name and surname (company), e-mail address, street and house number, postal code, city/town, and telephone number, if provided by the user. In some cases also the image of the building, if provided by the user.

 

Forwarding personal data to the user closest to the business partner

On the basis of consent by the individual, we provide personal data to the business partner who is closest to the user and who processes personal data on our behalf for the purpose of servis or establishing contact with the user in relation to consulting and servis, etc. The following personal data is forwarded to the business partner: first name and surname (company), e-mail address, street and house number, postal code, city/town, and telephone number, if provided by the user.

Sending e-mail and snail mail

On the basis of the express wish of users, who have in different ways indicated their wish to collaborate or receive notifications of news, offer, etc. Benton, d.o.o., processes the following personal data: first name and surname (company), e-mail address, street and house number, postal code, city/town, and phone number.

 

Contract-based data processing

Benton, d.o.o. collects and processes the personal data of the individuals on the basis of a contract or for the purpose of performing actions before a contract is entered into, such as the purchase of an Benton product, or the preparation of an offer for an Benton, d.o.o. product. On the basis of a contract, personal data is processed in order to fulfil contractual provisions, such as those relating to tuning, complaints, servicing, warranty claims, etc.

 

Data processing based on legitimate interests

Benton, d.o.o. collects and processes personal data on the basis of the legitimate interests we pursue. Personal data based on legitimate interests is processed for the following purposes:

  • Statistical analysis of the Benton, d.o.o. website traffic
  • Providing and improving our services
  • Providing and developing innovative and customised services for our clients and users of Benton, d.o.o. websites
  • Ensuring the security of our services and website, and protection against fraud, spam, abuse, etc.

 

For these purposes, we collect the following personal data: IP address, Benton, d.o.o. website statistics, data on the number of clicks, the click time, data on what sites visitors are coming from or going to, data on the types of clients.

 

Data processing on the basis of statutory obligations that apply to the data controller

Benton, d.o.o. collects and processes personal data of individuals in compliance with statutory obligations that apply to the data controller for the following purposes: keeping financial records, invoicing, debt collection, etc.

We collect and process the following personal data for these purposes: first name and surname, address, bank details, tax number, e-mail address.

 

Automated processing of personal data

Benton, d.o.o. automatically processes personal location data for users who complete form: ‘Send an inquiry’. Automated processing works by sending the completed personal data of an individual to the controller (Benton, d.o.o.).The automated processing of personal data described above is based on the consent of the individual (user).

 

Further processing of personal data

In some cases Bentonor, d.o.o. processes personal data for purposes other than those for which such data was originally collected. An example of such further processing of personal data is an inquiry about a product when, at the request of the user, we process previously provided personal data for the purpose of making an offer, and subsequently for possible confirmation of a contract and the stipulation of contractual terms between two parties.

 

Timeframe for storing personal data

Individual personal data obtained on the basis of consent are stored for 5 years or until the cancellation of your consent.

Individual personal data processed on the basis of a contract may be stored for 10 years from the fulfilment of the contractual obligations by both parties, and in the event of the recovery of unpaid contractual obligations, for 10 years following the completion of legal proceedings.

Personal data collected on the basis of legitimate interests will be kept until the enforcement of the rights of the individual to whom they relate or as long as the purpose for which they were originally collected exists.

 

Rights of the individual

Under the applicable legislation governing the field of personal data protection, individuals have the following rights:

 

  • Right of access by the data subject

The data subject has the right to receive confirmation from the data controller that personal data related to the data subject is being processed and, if so, the right of access to such personal data.

  • Right to correct

The data subject has the right to have the data controller correct inaccurate personal data relating to the data subject without undue delay. Bearing in mind the purposes of data processing, the data subject has the right to amend incomplete or inaccurate personal data.

  • Right of deletion

The data subject has the right to have the data controller delete personal data relating to the data subject without undue delay, and the controller has the obligation to delete personal data without undue delay as long as the reasons for such deletion are in compliance with the provisions of the General Data Protection Regulation (GDPR).

  • Right to limit data processing

The data subject has the right to have the data controller limit data processing when the data subject disputes the accuracy of the data, when such processing is illegal and when the data subject opposes the deletion of data, and requests the restriction of their processing instead, when the data subject files an objection concerning the processing of data, and when the controller no longer requires personal data for the purposes for which they were originally collected, but the data subject requires them for the enforcement, implementation or defence of claims.

  • Right to data transferability

The data subject has the right to receive personal data relating to the data subject, which the data subject has communicated to the controller in a structured, generally used and machine-readable form, and the right to forward such data to another controller, without being prevented from doing so by the controller to whom the personal data were provided.

  • Right to a contract

The data subject has the right, for reasons relating to his or her particular situation, to object at any time to the processing of personal data relating to the data subject, based on the processing necessary for the legitimate interests of the controller, including the creation of profiles.

  • Automated decision making, including profiling

The data subject has the right not to be subject to a decision that is based solely on automated processing, including the creation of profiles, that has legal effects related to the data subject or that has a significant effect on the data subject in a similar manner.

  • Right to file a complaint with a supervisory authority

The data subject may file a complaint concerning the processing of his or her personal data directly to the competent supervisory authority, i.e. the Information Commissioner of the Republic of Slovenia.

  • Method of exercising the rights of individuals

The data subject may exercise his or her rights at any time, in accordance with the General Data Protection Regulation.

This is done by sending an email with a request to the e-mail address [email protected]. The request must be sent from the e-mail address that the individual provided with his or her personal data.

If you have any questions regarding the Privacy Protection Policy, kindly submit your questions to us at the e-mail address [email protected].

 

Cookies

The Benton, d.o.o. websites use cookies to ensure their smooth operation. Cookies are files that are downloaded to the device the user uses to accesses the web portal. They use the user’s device to store unique user information or the preferences that the user has selected on a particular website.

Find out more about the cookies we use and how to manage them using the link Information on using online cookies

 

Amendments and Validity

Benton, d.o.o. reserves the right to amend its Privacy Protection Policy, of which we will notify you in due course.

 

The Privacy Protection Policy is effective from 25 May 2018.