GENERAL TERMS AND CONDITIONS OF PURCHASING IN WEB-STORE HIŠKARIJA
GENERAL TERMS AND CONDITIONS OF PURCHASING IN WEB-STORE HIŠKARIJA
These terms and conditions apply for every buyer (hereinafter: buyer) who visits or uses the web-store www.hiskarija.si, who at the time of adoption of these General Terms and Conditions available at the web address http://www.hiskarija.si (hereinafter: web-store) and managed by the entrepreneur:
HIŠKARIJA, Zala Pavšek s.p.
Vrhovci, C.XII / 2
VAT ID: 52821650 (provider is not liable for value added tax (VAT))
Registration No.: 6368263000
IBAN: SI56 3400 0100 8356 686
Tel .: +386 31333879
(hereinafter: the provider).
These terms and conditions have been prepared on the basis of the Consumer Protection Act (ZVPot), the Law on Protection of Personal Data (PDPA-1) and the Electronic Communications Act (ZEKom-1) are applicable for terms and conditions in the territory of the Republic of Slovenia.
Use of the web-store
By registering on www.hiskarija.si/customer/account/login/ you become a member of Hiškarija, Zala Pavšek s.p., and you have the right to purchase in the web-store Hiškarija as a registered member and also as a guest, which made a quick purchase and does not have to be registered before the purchase.
Upon registration in the store the buyer obtains the buyer name, which is equal to its e-mail, and a password. If a buyer wants to change e-mail address or password or replace with another, he can do so in his buyer profile.
The buyer undertakes to use the store lawfully and in a conventional manner and in accordance with the purpose of a web-store.
If the store is used in contrary with the preceding paragraph, the provider may temporarily or permanently (concerning the level of the breach) to disable access to the portal.
By using the web-store Purchase agreement is concluded between the buyer and the provider at the moment when the provider sends the buyer the first e-mail on the confirmation of his order. From that moment onwards all prices and other terms are determined and are valid for both provider and buyer. Buyer has, except for liabilities arising out of a use of an online that are referred to in General conditions, no other obligations. Purchase agreement (ie, the first e-mail about the status of the contract) is electronically stored on the provider's server and is available to the buyer at his written request.
We reserve the right to limit the access the portal, certain parts of the portal or individual functionality (eg. only for registered buyers or subscribers) or bound those to the fulfilment of certain conditions.
Access to the buyer’s information
Provider is obliged to provide the buyer anytime with the following information:
- Company’s identity (name and place of business, registration and tax identification number)
- Contact details, which enables fast and efficient communication (e-mail, phone)
- The essential characteristics of the product or service (including after-sales services and guarantees)
- The availability of products (each product which is offered on the site should be available within a reasonable period)
- Delivery of the product (mode, place and time of delivery)
- Prices must be clearly and unambiguously defined and it must be shown that they contain taxes (in the territory of the Republic of Slovenia) and transport costs
- The method of payment and delivery
- The duration of the offer
- The period within which it is possible to withdraw from the contract and what are the conditions for withdrawal. This contains also the information if the buyer returns the product and how much the returns costs the buyer
- An explanation of the appeal process, including all the information on the contact person or department for contacts with customers.
Presentation of products and updates of data
Photographs of products in the web-store or anywhere in the web-store are symbolic and do not guarantee their properties. We reserve the right to minor discrepancies between the descriptions and the actual characteristics of the products. The provider is not bound by the description of the product or the published price of the product, if the description or price due to an error in submission, or if a false description or price occurred without the intention of the provider.
The provider will seek the best possible care for updates and accuracy of the information listed in the web-store. However, the characteristics of the products, delivery time and price are changing, so there is minimal possibility that the provider may not correct the information in the web-store simultaneously with that change. In such case the buyer is informed of the change and allows the cancellation or replacement of products ordered.
All listed prices of the products in the web-store include the value-added tax (VAT in the territory of the Republic of Slovenia), in the currently applicable tax rate, except where explicitly stated that the price does not include VAT. The prices in the web-store are the same for both the registered members and visitors to the web-store.
Prices of goods in web-store www.hiskarija.si are valid at the time of placing the order and are valid until publication of a new price list. Prices are valid only for purchase through the web-store www.hiskarija.si.
Prices of products delivered in Slovenia available in the web-store do not include delivery costs. Delivery costs companies are charged separately at current rates of Post of Slovenia d.o.o. or service provider GLS - GENERAL LOGISTICS SYSTEMS, logistical services, d.o.o. (VAT included) Shipping company is selected by the buyer. If the value of each order exceeds € 40.00 (including VAT), delivery is free of charge.
Shipping costs for deliveries outside of Slovenia are charged according to the price list for the rest of the world the Post of Slovenia d.d. or service provider GLS - GENERAL LOGISTICS SYSTEMS, logistical services, d.o.o. (VAT included).
In the case of purchase Mailbox Rok delivery charges are calculated separately according to the price-list of Post Slovenia d.o.o. or service provider GLS - GENERAL LOGISTICS SYSTEMS, logistical services, d.o.o. (VAT included) selected by the buyer, regardless of the final purchase amount (VAT included).
Method of payment
Buyer can pay the purchased products using the following methods:
- With the personal collection of the ordered products at the company address Vrhovci, c XI/2 (Ljubljana - Vrhovci) by cash, credit card (Maestro, Mastercard, Visa, American Express, V Pay or Apple Pay) or pre-payment of the pro-forma invoice within three (3) working days.
- With payment of the pro-forma invoice (UPN payment order), where the buyer shall pay the purchase price within a period of three (3) working days to the bank account of the provider. Buyer receives a pro-forma invoice with all necessary data for the payment to his e-mail address indicated at the online www.hiskarija.si order. The provider dispatches products latest within three (3) working days after receiving the payment to provider’s bank account.
- Payment upon receipt; buyer pays the amount and value of the product in cash to the staff of Post of Slovenia d.d. cash upon delivery / receipt of the products. When receiving the goods from Post of Slovenia d.d., which is a contractual delivery service of the provider, buyer additionally settles postal fees according to their current rates as follows (more on web-page: http://www.posta.si/seznam-dokumentov/799/Informativni-ceniki):
• up to the amount of € 98 = € 1.05 commission;
• above the amount of € 98 = 1.07% of the value of the shipment.
When receiving the goods from GLS - GENERAL LOGISTICS SYSTEMS, logistical services, d.o.o., which is a contractual delivery service of the provider, buyer additionally settles postal fees according to their current rates as follows (more on https://gls-group.eu/SI/sl/home):
• up to the amount of € 50 = € 0.90
• in the amount of € 100 = € 0.90
• in the amount of € 250 = € 1.25
• in the amount of € 500 = € 3.45
• in the amount of € 2.000 = 1.40%
- Through a Paypal account provider.
Shipping Costs are applicable for deliveries in the domestic market on the territory of the Republic of Slovenia.
After placing an order in the web-store www.hiskarija.si buyer receives an order confirmation via e-mail that the order was received. It lists the products and quantities selected by the buyer and the postage rate, if applicable. Accepted orders are treated as irrevocable and will be carried out.
In the event that the buyer wishes to cancel the order, it must notify the provider no later than six (6) hours after receiving the order confirmation with the e-mail addressed to firstname.lastname@example.org.
Web-store www.hiskarija.si reserves the right to refuse an order if it determines if the order cannot be carried out under given conditions and the information in its possession. If the buyer has already paid the pro-forma invoice, provider will remunerate the buyer the entire purchase price including shipping costs within eight (8) days after receiving the order confirmation.
Delivery of ordered products
Provider dispatches ordered goods until 2 p.m. every day except Saturdays, Sundays and holidays – in this case they are dispatched immediately on the following work day. Usually, such products ordered online at www.hiskarija.si are delivered to the buyer within 1-3 days for orders delivered in Slovenia. That applies to the delivery of products on stock and in the case of payment upon receipt or via PayPal. Orders that are marked for payment via pro-forma invoice are dispatched as soon as provider receives the transfer to its bank account. For products with longer delivery time this delivery time is considered.
Provider delivers products through company Post of Slovenia d.o.o. and GLS - GENERAL LOGISTICS SYSTEMS, logistical services, d.o.o. In the absence of provider, provider undertakes to deliver the ordered goods no later than (forty-five) 45 days from the order confirmation by e-mail. Provider is not liable for exceeding the delivery date if the delay is the result of other unforeseen events, regardless of whether they are external events or events from provider’s domain.
100% secured purchase and buyer rights of termination
Provider guarantees to the buyer (fourteen) 14 days period, from the date on which the consumer (or a third party on behalf of and named by consumer for this purpose, but other than the carrier) acquires physical possession of the goods, for a refund of the purchased goods. Buyer, who orders customized goods, is not entitled to a refund.
ENFORCEMENT OF CONSUMER RIGHTS OF TERMINATION: The consumer (Article 43c after ZVPot) has the right, without giving any reason, to terminate within 14 days from this contract. The termination period will expire after 14 days from the date on which the consumer (or a third party on behalf of and named by consumer for this purpose, but other than the carrier) acquires physical possession of the goods. To exercise the right of termination, the consumer has to inform the company Hiškarija, web store and design, Zala Pavšek s.p. Vrhovci, c. XI/2, 1000 Ljubljana; email@example.com, with an unambiguous statement of its decision to terminate this contract (by registered letter sent by post or e-mail). To take the deadline for termination from the contract into account, it is sufficient that a notice concerning the exercise of the consumer's right of termination is sent before the deadline for the termination of this contract.
Consequences of termination: if the consumer terminates this contract provider shall, promptly and without unreasonable delay, but in any event no later than 14 days from the date of receipt of the notice of termination from this contract, reimburse all payments received, including delivery cost (excluding additional costs resulting from the choice of type of delivery other than the least expensive form of standard delivery offered by the provider). Such reimbursement will be carried out by the same payment method as was used for the initial transaction, unless expressly agreed otherwise; in any case, because of this termination consumer does not bear any costs. The provider may withhold reimbursement until it has received the goods back, or the consumer does not send the evidence that he sent back the goods, depending on which event occurs first. The consumer shall send back the goods or hand them over to the address Vrhovci, c XI/2, 1000 Ljubljana, without unreasonable delay and in any event no later than 14 days from the day on which the consumer has informed the company of termination. The deadline is met if the consumer sends back the goods before the expiry of the 14-day period. The direct cost of returning the goods shall be borne by the consumer.
Liability for defects
An objective defect was made where the product does not have characteristics that are required for its normal use. When the product doesn’t have properties that are required for a special purpose for which the buyer buys the product, and this special purpose was known or should have been known to the provider. Where the product does not have attributes and characteristics which were expressly or tacitly agreed or directed, and the provider has delivered product which does not match the sample or model, unless the sample or model was shown only for informative purposes. Suitability of the product is verified by another flawless product of the same type, and also by the statements of the manufacturer or the declarations of the product itself. An objective defect may be exercised by the buyer who has to inform the provider about this kind of potential defect together with a detailed description thereof and within the prescribed time-frame on a form for termination of the contract by the buyer (Def. IP); at the same time buyer has to allow to provider an examination of the product. The right to claim an objective defect is defined more in detail in the Consumer Protection Act.
FORM FOR THE ENFORCEMENT OF CONSUMER RIGHTS OF TERMINATION (Def. PA)
[The name, geographical address and, if possible, fax number and email address]
I / We inform (*) you that I / We (*) terminate the contract of sale of the goods (*) / for the provision of services (*)
Ordered on (*) / received on (*)
Name of the consumer / consumer
The title of the consumer / consumer
Signature of the consumer / consumers (only if the form is sent on paper)
(*) If necessary can be deleted
1-year warranty on the product Mailbox Rok
In case of defects of the product Mailbox Rok, which is not caused by the buyer or third parties, guarantee may be enforced within one (1) year from the purchase of the product. The application process for defects is the same as in the enforcement of product complaints.
Provider uses the appropriate technological and organizational means to protect the transmission and storage of personal data and payments. For authentication and secure transactions via PayPal and takes care PayPal provider. Card details are not stored on the provider's server.
Protection of personal data
- Provider undertakes to permanently protect all personal buyer data in accordance with the PDPA-1.
- The provider shall keep for an indefinite period the following information of registered buyers: name, email address, contact phone, the primary address and shipping address, country of residence, date and time of registration.
- The provider uses personal data exclusively for the fulfilment of the contract (the sending of information material, tenders, invoices) and other necessary communication with members.
- The buyer's data will not be handed over to unauthorized persons in no case.
- For the protection of personal data the buyer is liable as well in a way that he ensures the security of his e-mail address, buyer name and password, and the appropriate software (anti-virus) to protect his computer.
Gift Voucher Hiškarija
Gift Voucher Hiškarija is a gift card that the provider sends to the buyer against payment in a physical or electronic form. Each voucher is marked with its code (unique serial number), and provider is obliged to accept it as a payment for purchase through provider’s web-store. For the purchase the Gift Voucher Hiškarija the same operating conditions apply to as to purchase other items. Gift Voucher Hiškarija can be redeemed when purchasing online www.hiskarija.si where the voucher’s code, stated on the voucher, is entered in the field for comments. Substitution of the Gift Voucher Hiškarija for cash is not possible. Gift Voucher Hiškarija is redeemable only in the full amount. In the event that the value of the purchase is higher than the value of the Gift Voucher Hiškarija , the holder of the Gift Voucher Hiškarija has to pay for the exceeding amount. The purchase value must be equal to or greater than the value of the gift voucher.
Gift Voucher Hiškarija is redeemable also at the company's headquarters in Ljubljana (in Vrhovci).
Gift Voucher Hiškarija is valid for six (6) months.
Returns and complaints
If the buyer finds out that he purchased the product which does not fit his demands, he can exchange it for another product of the same value. In this case the shipping costs are borne by the buyer. Product must be returned undamaged, unused and in original packaging.
Upon receipt of a damaged, defective or wrong product, the buyer must immediately / as soon as possible inform in writing the provider of the product to the company address HIŠKARIJA, Zala Pavšek s.p. Vrhovci, c XI/2, 1000 Ljubljana or by e-mail firstname.lastname@example.org. Provider is obliged to replace such product or return the money to the buyer as soon as possible. The cost of claims and shipping pays provider.
Provider will contact the buyer via means of distance communication only if a buyer does not explicitly object, and in accordance with the provisions of the Electronic Communications Act (ZEKom-1). Electronic bulletins and / or SMS messages will contain the following elements:
- Clearly and unambiguously marked as advertisements,
- The sender will be clearly visible,
- Various campaigns, promotions and other marketing techniques will be marked as such.
It will clearly set out the conditions for participation in them:
- Clearly show the way to unsubscribe from receiving advertising messages,
- Provider will honour request of the buyer who does not want to receive advertisements.
Reviews, opinions and recommendations
Reviews, ratings and recommendations, written by buyers, are integral part of an web-store, and available to all buyers and visitors.
Provider allows the opinion to be written by any buyer of the web-store; before final publication it will be reviewed by the provider. Provider will not be post opinions or contributions which are in any way offensive, unsuitable or do not provide benefits to other buyers and visitors according to the estimation of the provider.
By submitting an opinion or comment, the buyer expressly agrees to the terms under which his opinion or comments will be used and permits provider to publish all or part of the text in all electronic and other media. Provider has the right to use the content of opinions or comments indefinitely and for any purpose that is in the business interest of the provider, including the publication of the advertisements or other marketing communications. Author of the opinion simultaneously declares and guarantees that he owns the material and moral copyrights for written reviews and comments and that these rights are transferred to the provider as non-exclusive and timely unlimited.
Exclusion of liability
Provider does not guarantee that the content published online is accurate, complete and correct and shall not be liable for any damage incurred by the buyer because he relied on the published content. In any case, the content published online, cannot be considered as an offer according to the meaning of the Code of Obligations.
The provider does not guarantee for performance or the availability of an web-store and is not liable for any damage incurred by the buyer because an web-store is not accessible or did not work or did not work correctly.
Provider is not liable for damage caused to the use of web-store which might arise on the buyer's hardware, software or other equipment. Buyer is obliged to ensure adequate protection (anti-virus, etc.) of the equipment by means of which he accesses the web-store.
Product images are illustrative and informative and may differ from the actual supplied products.
The protection of intellectual property rights
The entire contents of the web-store, regardless of the form in which it is expressed, is considered as copyright and protected by copyright and copyright law and may not be reproduced or used without prior written permission. Hiškarija trademark and logos are owned by entrepreneur Hiškarija, Zala Pavšek s.p.
The copyright holder of the content published by the provider is the provider or the person, who is specifically mentioned by that content.
All copyrights are reserved to their owners. Announcements of the content in an web-store can in no case be interpreted as a waiver of any copyright in the contents of an web-store.
Without the express prior written permission of the provider or copyright holder any use of any Content posted online is prohibited for any purpose other than personal viewing by the buyer. It is also forbidden to use the content in a way that the entire web-store is integrated into another web-store. Violation may result in criminal and tort liability.
Dispute / Applicable law
HIŠKARIJA, Zala Pavšek sp, in accordance with the third paragraph of Article 32 of the Law on the extra-judicial settlement of consumer disputes (Official Gazette of RS, no. 81/15) states that it does not recognize any contractor of court settlement of consumer disputes as responsible for resolving consumer disputes, which the consumer could initiate in accordance with the Act on the extra-judicial settlement of consumer disputes. European Commission’s web platform for online dispute resolution can be found at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false.
For the legal relationship between customers and suppliers is the law of the Republic of Slovenia. Any dispute between the competent court in Ljubljana.
These Terms and Conditions are an integral part of the contract between the provider and the buyer. Contract is concluded in the Slovenian and English language, whereas invoice is treated as a contract as it includes all elements of a contract.
Invalidity of any provision of these Terms and Conditions, irrespective of the reason of invalidity, does not mean invalidity of these Terms and Conditions in whole. In such case, the invalid provision shall be deemed unwritten, but these general conditions shall apply without that provision.
These terms and conditions apply to the entire web-store. In addition to these general conditions some parts of the web-store, subpages or for certain buyers, can be subject to special conditions or legal notices.
By using web-store the buyer confirms that he accepts these general conditions and agrees with all of its provisions and that he is aware of the policy of protection of personal data and privacy.
Terms and conditions may at any time be amended or supplemented without prior warning or notice. By using web-store the buyer confirms that he accepts the changes.
For legal relations between the buyer and provider the law of the Republic of Slovenia shall be used. Any dispute between the buyer and the provider shall be held at the competent court in Ljubljana, Slovenia.
These Terms and Conditions are valid from 01.05.2013 with changes implemented on 06.10.2016.