General Terms and Conditions 2.0
In relation to the websites visited https://kakadu.si/ and the purchase of products on it, the following General Terms and Conditions apply:
Seller or online shop provider
KAKADU, online shop, d.o.o.
Pilonova ulica 34
1000 Ljubljana
Registration number: 3799344000
Tax code: SI 77775287
email: [email protected]
Phone: 040 792 979 (you will be charged your normal operator charges when you call. We are available for calls every weekday between 9:00 and 17:00)
(hereinafter referred to as "Company")
Company KAKADU, online shop, d.o.o. has been registered with the Business Register of the Republic of Slovenia under SRG registration number 2010/30661 as a limited liability company since 02.09.2010.
The company is liable for value added tax (VAT).
Introductory definitions
Validity and application of these General Terms and Conditions and conclusion of the contract of sale
These General Terms and Conditions govern the offer and sale of products or services to consumers through the Online Shop and are available permanently at the following link https://kakadu.si/splosni-pogoji-poslovanja/.
In the event of any inconsistency or conflict between the provisions of these General Terms and Conditions and the provisions of other documents of the Company, the provisions which are more specific with respect to the subject matter of their regulation shall prevail (with the exception of those situations in respect of which the Consumer Protection Act may require the application of provisions which are more favourable to the consumer).
These General Terms and Conditions consequently constitute a sales contract between the Company and the Buyer, which the Buyer concludes with the Company in relation to the selected products or services at the final step of the purchase process at the time of purchase, i.e. when the Buyer clicks on the button for purchasing products or placing an order, which is marked as such at the final step of the purchase process (as described in more detail in the section "Online shop purchase process and technical procedures for concluding a contract") and thus at the entered e-mail address (or, as the case may be, the e-mail address of the Buyer at the time of purchase), and the Buyer's e-mail address (or, as the case may be, the e-mail address of the Buyer at the time of purchase). the e-mail address associated with his registered user account when he purchases as a registered user of the Online Shop) receives an acknowledgement of receipt of the order (and the Company does not claim the exemption set out in the section "Withdrawal from the Contract by the Company").
Customers are kindly requested to read the terms and conditions contained herein carefully before making any purchase from the online shop.
The Buyer shall at all times be bound only by the most recent version of these General Terms and Conditions in force at the time of purchase, which has always been available as such at the following link https://kakadu.si/splosni-pogoji-poslovanja/.
Purchases already made will always be judged in accordance with the General Terms and Conditions in force at the time of the purchase.
If any provision of these General Terms and Conditions is held by a court or other competent authority to be invalid or otherwise unenforceable in the context of an individual distance purchase (i.e. a contractual relationship with a consumer who has entered into a contractual relationship with the Company governed by these General Terms and Conditions by making a purchase), the remaining provisions of these General Terms and Conditions shall, to the extent possible, remain in full force and effect.
Nothing in these General Terms and Conditions shall create a relationship of agency or partnership between the Company and the visitor to the Online Shop or the Customer.
These General Terms and Conditions do not regulate the protection of personal data and the use of cookies in connection with the online shop, and do not provide information under Article 13 of the General Data Protection Regulation (GDPR), but this area is defined in the General Information on the Protection of Personal Data, which is published at the link: https://kakadu.si/pravilnik-o-zasebnosti/.
Copyright and intellectual property protection
The text of these General Terms and Conditions and other legal documents of the Online Shop, as well as its associated software and all databases (including their selection, arrangement and composition) and all content, including all text, graphics, logos, trademarks, images, audio and video clips, are the exclusive property of the Company or its partners.
The licence conditions for the use of digital content and services from the online shop, which have been developed by the Company or by third parties, are governed in more detail by the licence conditions set out in the respective digital content or service or on the dedicated links.
Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance of the software or the content of the online shop is strictly prohibited.
Transfer of copyright on submitted user (author) product reviews and ratings
By submitting an opinion, review or recommendation, the user expressly agrees to the terms and conditions of use of his/her opinion, review or recommendation and authorises the Company to publish part or all of the text in all electronic and other media of communication with the public.
This means that by submitting an opinion or a review, each visitor (author) expressly agrees to grant the Company a gratuitous, exclusive, unlimited in time and geography right to use the content submitted, including in particular the right of reproduction and electronic reproduction, the right of public display/performance, the right of exhibition, the right to distribute and market (under its own or a third party's brand, through its own or a third party's sales network or through third party resellers), the right to process, the right to adapt, the right to assemble, exhibit, modify, translate, develop, adapt, integrate and install, all of the foregoing in terms of both physical and digital communication or communication media. distribution channels (e.g. for use on the Website, advertising on the Website's own Facebook page, etc.).
The Company may exercise the above right through its affiliates and other contractual partners without the specific consent of the author who submitted the review, and the author agrees that no further consent of the author shall be required for any modification or further use of the review.
The author retains at all times all moral rights in the opinion or review submitted.
The author may not claim any form of monetary or other compensation from the Company in respect of the opinion submitted, unless such compensation is expressly provided for by law.
The company allows any registered user of the online shop to write a review. The Company reviews all opinions received before publication and does not publish those that are offensive, inappropriate or, in its opinion, do not benefit other users and visitors.
The Company considers as offensive and inappropriate content any comments or descriptions/opinions that:
In addition, by submitting an opinion, the user guarantees that the content does not:
By submitting an opinion on the website, the user guarantees that:
For technical reasons, it is not possible to change the rating after the fact. If you wish to remove your comment, we will be happy to accommodate your request by sending it to our email address as it appears at the beginning of this document.
Access to the online shop and responsibility for the smooth operation of the online shop
In order to visit and use the online shop, the visitor needs his/her own means of communication or device with the appropriate hardware and software to transmit, display and exchange data and information over the Internet.
Visiting and using the online shop is free of charge (with the exception of normal and foreseeable costs incurred by the visitor when using a means of communication, such as the payment of the electricity connection, internet connection, mobile data lease, etc.).
It is the visitor's responsibility to ensure the proper functioning, use and protection of his/her own means of communication or device (e.g. security of passwords, security of the mailbox through which the visitor exchanges key messages with the Company in connection with the purchase, downloading of browser and other software updates, etc.).
Despite the Company's diligent efforts to provide access to and operation of the Online Shop in the expected, safe, secure, uninterrupted and correct manner, failures may occur in terms of restrained operation and inability to access the Online Shop which are beyond the Company's sphere of influence and for which the Company accepts no responsibility.
Consequently, the Company shall not be liable to Visitors in respect of any limited or discontinued availability of the Online Shop and any consequences of any downtime (except as expressly set out in the section "Access to Digital Content or Services and Permitted and Serious Downtime" in the case of any unavailability of Digital Content or Services), to which the Visitor agrees by visiting and using the Online Shop.
In the event of any downtime in the operation of the online shop, the Company reserves the right to cancel any orders placed during the partial or total inactivity of the online shop, in which case the Company will always notify all visitors who have validly placed their orders at that time and will make individual arrangements with them as soon as possible for the refund of the purchase price or for the delivery of the products.
Age limit for using the online shop and placing an order
The Company does not accept orders from persons under 15 years of age or persons with limited or no legal capacity.
While respecting the principle of minimising the personal data collected, the Company does not make the visit to the online shop and the purchase conditional upon the entry of the year of birth of the individual customer and does not verify the age of visitors or customers in other ways.
Consequently, by visiting, navigating and placing an order in the Online Shop, the visitor warrants to the Company that he/she is at all times over the above limit and that he/she has full legal capacity or the consent of his/her parent/guardian duly obtained in relation to the purchase he/she wishes to make in the Online Shop.
If the Company itself subsequently discovers that it is processing the personal data of a person who has not yet reached the above-mentioned age, the Company reserves the right to withdraw from the execution of the pending order and to delete the personal data of such person.
The Company shall not knowingly advertise goods, services and/or digital content from the Online Shop in the course of its advertising and other promotional activities in such a way that the advertising contains any content that causes or is likely to cause physical, mental or other harm to children, or content that exploits or is likely to exploit children's confidentiality or inexperience.
Online shop language versions and the language of the business
The content of the online shop is available to Slovenian consumers in Slovenian, and the company conducts its business in Slovenian.
The Company follows and implements the general principle of full and equal access to online commerce for every consumer and aims to treat all consumers equally, regardless of their nationality or place of residence. Any exceptions to the foregoing may arise in connection with specific terms and conditions of sale (e.g. licensing restrictions on the purchase of digital content, objective reasons regarding the availability of payment methods, etc.) or a limited set of countries to which the Company delivers its goods (or in which the Company provides its services), as more specifically defined in the relevant sections of these General Terms and Conditions.
If the visitor wishes to voluntarily access a possible other language version of the online shop and such version is already validly published online, the visitor may do so by clicking on the abbreviation of the foreign language which may be available to him in the relevant part of the online shop in the top right corner).
The visitor is free to switch to any other language version of the online shop at his/her own discretion and make the purchase there.
Purchases made in connection with an offer on any other language versions of the online shop will normally be judged on the basis of the terms and conditions published on the language version of the online shop in question, provided that the consumer is a resident of the country concerned and the company has actively advertised its goods or services to him/her.
Changes to these General Terms and Conditions
In the event of changes in the functionality of the online shop, the emergence of new legal requirements or in any other justified case, it may be necessary to amend these General Terms and Conditions.
If these General Terms and Conditions are amended, the Company will notify visitors or customers of such changes via the usual electronic communication channels or by means of a notice published in due time on the online shop or on its official social media profiles.
The publication of the above notice and the fact that the Buyer has placed a new order after the amendment of these General Terms and Conditions shall constitute the Buyer's consent to the relevant amendment of these General Terms and Conditions.
If the Buyer does not agree to the amendment of these General Terms and Conditions, the Buyer shall notify the Company no later than the date of placing the next order under the amended terms and conditions, in which case the Company shall have the right to refuse to do business with such Buyer or to withdraw from the concluded contract within a withdrawal period to be agreed with the Buyer beforehand.
On the subpage https://kakadu.si/splosni-pogoji-poslovanja/ online shop, only the General Terms and Conditions in force at the time of purchase will always be published.
The information provided in the section "Prior information and information provided by the Company as an information society service provider" in the case of a purchase forms an integral part of the contract between the Company and the Purchaser and as such may only be changed subsequently (i.e. after the purchase has been made) with the express consent of both the Company and the Purchaser.
Storage of and access to the text of these General Terms and Conditions
The Company undertakes to keep these General Terms and Conditions, and any previous versions thereof, permanently. Any Purchaser may at any time request the Company to provide him with the General Terms and Conditions in force at the time of his purchase, which the Company will provide to him free of charge on a durable medium within a reasonable period of time.
In the above case, the Buyer may contact the Company at any time by sending a request to the Company via the Company's official e-mail address indicated at the beginning of these General Terms and Conditions, or by sending a physical request to the following address:
KAKADU, online shop, d.o.o.
Pilonova ulica 34
1000 Ljubljana
Register a user account
You can purchase products in the online shop as a registered or non-registered user of the online shop.
The registration of a user account is achieved by the visitor submitting the required information on the login/registration sub-page and confirming the submission of the request for registration of the user account.
Upon receipt of the data, the Company will contact the visitor by means of an automated email sent to the email address entered, with the visitor confirming the successful completion of the registration in the email. Upon registration, the User will be provided with the username and password validly entered at the time of registration.
Upon successful registration, the visitor becomes a user of the online shop. By registering a user account, the visitor confirms that he/she accepts these or any General Terms and Conditions of the online shop, which will be published on this subpage at the time of placing the online order.
Responsibility of the registered user
By successfully registering a user account, each registered user guarantees the Company:
● that they have provided truthful information to the Company when creating a user account,
● to use the online shop for legal and fair business purposes,
● not to infringe the rights of the company or third parties when using the online shop and when making data entries in the fields of the online shop.
Each registered user shall protect the password of his/her user account with the care of a good steward and in such a way as to prevent the username and password from coming into the possession or use of unauthorised persons.
The registered user may not transfer the password to a third party and may not allow third parties to use the online shop for their own business or private purposes.
All damages and all risks directly or indirectly related to the misuse, loss or theft of the username or password or any part thereof shall be borne by the registered user.
For any misuse, loss or alienation of the username or password attributable to the willful or negligent conduct of the registered user, which has caused damage to the Company, or which has caused damage to a third party who may consequently bring a claim against the Company, the registered user shall be liable to the Company for damages in accordance with the rules of civil law.
Online shopping (technical procedures for concluding a contract)
The visitor shall make a purchase in the online shop by using the means of communication to perform the steps described below:
Navigation to the online shop via a browser, which the visitor opens on his/her own device, by entering the web address where the online shop is located or by directly accessing the selected product category.
Searching and viewing the products on offer in an online shop, including clicking on images of individual products, checking the description, key ingredients, product characteristics and price, and, if shown, checking stock.
Add selected products to your basket by clicking on the "Add to basket" button next to the product. The visitor can set the quantity of the product to be purchased by clicking on the corresponding buttons to increase or decrease the quantity.
Continue shopping by navigating to other products in the online shop or view your basket by clicking on the shopping basket symbol or the "View basket" link, where you can see a list of selected products, their quantities and total price.
Click on the "Checkout" button, where the visitor enters all the necessary information to complete the order: contact email address, first and last name and delivery (and, if necessary, invoice) address, choice of delivery method. Here the visitor can also review all the products in the basket, including quantities, prices, delivery charges and any discounts, select and enter the details for the chosen payment method (e.g. bank card details - number, name on the card, expiry date, security code) and has the option to enter a voucher code if the visitor has one or if the online shop allows it at the time of purchase. The visitor can also add special notes related to the order (e.g. delivery to another address or purchase as a company).
Confirm your order by clicking on the "Complete Purchase" button. By placing an order, the visitor expressly confirms that he/she agrees to the terms and conditions of the online shop and wishes to complete the purchase.
Upon receipt of the order confirmation at the entered email address, the order is successfully placed. The contract between the visitor and the company is thus concluded, unless the company subsequently exercises its right to cancel the order.
if the User agrees to all the provisions of these General Terms and Conditions and wishes to proceed with the purchase, the User clicks on the "Complete Purchase" button to place his/her order;
By clicking on the "Complete Purchase" button, the order is placed upon receipt of confirmation of the order at the entered e-mail address, and the contract between the Customer and the Company for the purchase of the selected Products is thereby concluded (unless the Company exercises its right to withdraw from the order as defined in the section "Withdrawal from the Contract by the Company").
The order confirmation referred to above shall contain a summary of the entire order together with the order number, the status of the order, a statement of the products ordered, their quantities and prices and the total price of all products, which shall be charged to the Buyer in respect of the purchase and shall include all delivery charges, taxes and any other duties;
The Company may also notify the Buyer by email of the estimated delivery date when the order is confirmed. If this differs from the one published in the online shop at the time of the Buyer's purchase, in which case (or in other cases as set out below) the Buyer may withdraw from the contract (order) without any consequences and the Company shall refund the payment made (see the section "Withdrawal within 14 days without need to state a reason" of these General Terms and Conditions). If this functionality is available at the time of purchase (depending on the delivery provider chosen), the Customer may also receive an order tracking code in a separate message when the order is dispatched to his address.
Withdrawal from the contract by the company
The Company reserves the right to withdraw from the concluded contract at any time, with good cause, despite receipt and confirmation of the order, when:
in which case the provisions of the section "Refund of payments to the Buyer in the event of withdrawal" of these General Terms and Conditions shall apply mutatis mutandis.
Technical means to identify and correct errors before the contract is awarded
Before placing an order, a graphical interface allows the visitor to place an order with immediate effect, easily and hassle-free:
Before confirming the order, the graphical interface allows the visitor to place the order with immediate effect, easily and hassle-free:
whereby the visitor has the option to go back one step at a time (e.g. by clicking on the "Back" button in the browser, by clicking on a new drop-down menu box, by clicking on a section of the top menu or by clicking on the company's logo).
Product prices
All prices quoted are valid at the time of purchase and shall remain valid until the adoption of a new price list (i.e. the mass introduction of new prices in the online shop offer) or the individual update of the prices of the products in the online shop offer.
Product offers are valid as long as the products offered by the online shop are in stock or on offer and as such are valid until stocks last.
The prices in the online shop are the selling prices of the products, which do not include delivery costs, which are displayed and taken into account when the visitor selects the delivery method or place at the end of the purchase, and when selecting a particular method, the associated delivery cost is added to the final purchase price, as further defined in the "Delivery" section of these General Terms and Conditions.
In the case of discounts and other promotions affecting the final price of an individual product, these will always be published in a way that allows the user to distinguish between the price before and after the discount, with the exception of any promotional or discount codes, which will always be calculated when they are entered at the relevant step of the checkout process.
The unit price of an individual product shall not be indicated if the unit price is the same as the published selling price of the product, or where this would not otherwise contribute to price comparison, or where different products are sold in the same packaging, all of which are inherent in the very nature or purpose of the products.
All prices in the online shop are in euros.
Product prices include VAT.
Product prices are not adjusted on the basis of automated decision-making.
Payment methods
Purchases on the online shop can be made in the following ways, which are available for the customer to choose at the final step of the purchase:
Any additional costs associated with the choice of a particular payment method are indicated at the final step of the purchase process.
Upon receipt of payment based on the chosen payment method, the Company will hand over the Order to the Delivery Partners as soon as possible, as set out in the "Delivery" section of these General Terms and Conditions.
In the case of the "cash on delivery" option (if available), the Company will contact the Buyer at the e-mail address entered (or, in exceptional cases, via the telephone number entered) to coordinate the time and place of collection and to inform the Buyer whether the purchase price can be paid in cash, by card payment or by using the UPN form.
In the event that the Buyer is offered the option to pay on delivery, which will be made visible and available for the Buyer to choose at the relevant step of the purchase process, the Company reserves the right to make claims against the Buyer in respect of any damage suffered by the Company in connection therewith and to which the Company is entitled under civil law in the event of a non-acceptance of a Flat Rate Shipment (or multiple non-acceptance of a Flat Rate Shipment in relation to the same Buyer).
Invoice forwarding
For goods sold, services rendered or digital content supplied, the Company shall issue an invoice to the consumer in the form of a physical document inserted in the package ordered or in the form of a .pdf document, which shall be sent to the consumer's email address.
The Company shall issue the invoice free of charge, regardless of the form and method of transmission of the invoice.
The invoice will show the itemised price and identify any other costs associated with the purchase.
The Company allows the Customer to verify the correctness of the amount charged in relation to the agreed characteristics and quantity of the goods, services or digital content purchased or supplied.
The Buyer is obliged to verify the accuracy of the information submitted before placing an order.
The Buyer may contact the Company regarding the correction of an invoice already issued via the Company's official email address, which is indicated at the beginning of these General Terms and Conditions.
The Company reserves the right to disregard any subsequent objections to the correctness of invoices issued, insofar as the errors in the invoice are due to acts or omissions on the part of the Customer.
Delivery
The company works with various delivery partners, which it chooses at its discretion.
The Company and its delivery partners deliver the Products within the territory of the Republic of Slovenia (and, exceptionally, if expressly stated at the final step of the purchase at the time of purchase, to other countries).
The individual delivery options and delivery prices are visible and available for the customer to choose at the last step of the purchase process.
In the event that the Buyer is offered a delivery option that is faster than the normal delivery option offered by the Company (which will be indicated either by the words "express delivery" or by the stated delivery date being earlier than that stated for the other delivery option), in the event of cancellation of the Contract within 14 days and without cause, the Buyer will only be refunded the amount of the standard delivery option (i.e., the amount of the cheapest delivery option offered by the Company), as more specifically defined in Section 3.1. "Withdrawal within 14 days without need to give a reason" these General Terms and Conditions.
Estimated delivery time
Delivery
Delivery time depends on the location of the buyer.
Products in stock We expect to dispatch every working day (10am). You should expect to receive your parcel a working day later. We do not ship on weekends or holidays.
These deadlines are indicative and may vary depending on local delivery conditions, holidays or other unforeseen circumstances.
Personal pickup
Products that are in stock can be picked up in front of the warehouse (Celovška cesta 280) on the same or next day. You will be notified of the pick-up time by email and text message. Collection is possible between 8 am and 7 pm v Monday, between Tuesday and Friday See between 8 am and 2.30 pm.
Personal collection is not possible on weekends and public holidays.
Delivery price within Slovenia
The delivery price is indicated for each delivery method at the relevant step of the checkout process, and when you select a delivery method, the corresponding delivery price is added to the final purchase price. The delivery price is also always available at the last step of the checkout process.
The delivery price for delivery within the Republic of Slovenia is 3,99 EUR + 2 eur on cash on delivery
Discounts, promotional codes, discount codes and vouchers
Specific product codes
Withdrawal from the contract within 14 days without having to give a reason
In relation to purchases made on an online shop, a customer who meets the definition of a consumer has the right to notify the company within 14 days that he or she is withdrawing from the contract, without having to give a reason for his or her decision.
The Buyer may also withdraw from the Contract by providing the Company with an unequivocal statement from which it is clear that it is withdrawing from the Contract.
Upon exercise of the right of withdrawal, the obligations of the Company and the Buyer to perform or conclude the Contract shall terminate where the Buyer has made an offer to conclude the Contract.
WITHDRAWAL FORM FOR DISTANCE CONTRACTS - DOWNLOAD HERE
When can I withdraw from the contract within 14 days without having to give a reason?
However, according to Article 135 of the Consumer Protection Act, withdrawal from the contract is not possible for certain types of goods (e.g. For example, in the case of the purchase of goods which are manufactured according to the consumer's precise instructions and tailored to his/her personal needs, the purchase of goods which are perishable or which expire quickly, the supply of sealed audio or video recordings and computer programs if the consumer has opened the security seal after delivery, the supply of sealed goods which are not suitable for return for health or hygiene reasons if the consumer has opened the seal after delivery, etc.).
When can I still withdraw from the contract and how do I do it?
Notwithstanding the above, in all other cases, any purchaser (which applies only to natural persons who meet the consumer criterion) may withdraw from the contract (i.e. the purchase) within 14 days without having to give a reason, by notifying the Company within that period that he/she is withdrawing from the contract (i.e. the purchase).
The Buyer is deemed to have made the withdrawal declaration in due time if it is sent to the Company within the time limit set for withdrawal (i.e. within 14 days from the date of receipt of the goods/issuance of the service order).
The buyer bears the burden of proving that he has exercised his right to withdraw from the contract without cause within 14 days.
Upon receipt of the notice of withdrawal, the Company will immediately notify the Purchaser thereof on a durable medium.
When does the time limit for withdrawal without cause start?
The 14-day withdrawal period referred to above starts from the date on which:
The above also applies to digital content supplied on a tangible medium.
In the case of a contract for the provision of a service or the supply of digital content that is not supplied on a tangible medium, the withdrawal period of 14 days starts from the date of conclusion of the contract (i.e. the date of purchase).
Notification of withdrawal by email
The Buyer may withdraw from the Contract by sending an unequivocal statement clearly indicating that he/she is withdrawing from the Contract to the e-mail address indicated at the beginning of these General Terms and Conditions.
It is also advisable for the buyer to specify in the notice:
Notifying the company of your withdrawal using the form
The consumer can also submit a withdrawal notice to the company using the form available here:
WITHDRAWAL FORM FOR DISTANCE CONTRACTS - DOWNLOAD HERE
The Buyer may submit the Form to the Company by sending it to the physical address indicated on the Form or by sending a scanned version of the Form to the Company at the email address also indicated on the Form.
The Buyer may also use the following sample as a withdrawal form by typing or copying it onto a sheet of paper and sending it to the Company's address (or by copying it into an e-mail and sending it to the e-mail address indicated at the beginning of these General Terms and Conditions), and before doing so, filling in the fields marked with *:
KAKADU, online shop, d.o.o.
Pilonova ulica 34
1000 Ljubljana
I hereby give you notice that I withdraw from the contract for the sale of the following goods: * (specify the goods you have purchased).
Goods ordered on: * and received on: *
Buyer's name: *
Buyer's address: *
Buyer's signature: * (only if the form is sent on paper)
Date: *
Permitted testing and use of the goods before withdrawal
The Buyer must return the Goods to the Company in undamaged condition and in the same quantity, unless the Goods are destroyed, damaged, lost or reduced in quantity through no fault of the Buyer.
The Buyer may not use the goods without hindrance until the Contract is withdrawn. The Buyer may inspect and test the goods to the extent strictly necessary to determine the actual condition of the goods (e.g. to preserve all original documentation and instructions and all packaging protecting or accompanying the goods, which can be opened or disassembled by an average diligent consumer in such a way that the packaging is not damaged and the goods are nevertheless tested, that no damage is caused during the testing, that the goods tested do not become damaged, dirty, or otherwise unusable, etc.).
The Buyer shall be liable for any diminution in the value of the goods if the diminution is due to handling which is not strictly necessary to establish the nature, characteristics and functioning of the goods. The liability may reach the value of the full ordinary retail price of the goods or services on the date of purchase of the goods or order of the services.
The company may bring civil law claims against the buyer in respect of the diminished value of the goods.
Return of goods in the event of withdrawal from the contract
If the Buyer has already received the Goods and withdraws from the Contract, the Buyer must return or hand over the Goods to the Company or to a person authorised by the Company to take delivery of the Goods immediately or, at the latest, within 14 days of the notice of withdrawal, unless the Company notifies the Buyer that it will take delivery of the Goods itself.
If the Company authorises a person to collect the Goods or decides to collect the Goods itself, the Company will in that case notify the Buyer by e-mail of the details of the authorised person or will coordinate with the Buyer the date and place of collection once it has received the notice of withdrawal from the Buyer. If the Buyer does not receive such notification from the Company, the Buyer will be deemed to be responsible for returning the goods to the Company (e.g. by post).
The Buyer shall be deemed to have returned the Goods in time if the Buyer sends them to the Company before the expiry of the 14-day return period.
The Company does not accept shipments sent to its address with a ransom note.
Refund of payments to the buyer and costs in the event of withdrawal
In the event of withdrawal from the Contract, the Company will reimburse the Purchaser for all payments received in connection with the Purchase immediately or, at the latest, within 14 days of receipt of the notice of withdrawal, provided that the Company agrees that the conditions for withdrawal have been met.
In cases where the Company does not agree that the Buyer's withdrawal from the Contract is justified, the Company will notify the Buyer and the Buyer will have the right to initiate the complaint procedure as set out in the "Complaints" section of these General Terms and Conditions.
The Company will return the payments received to the Buyer by the same means of payment as used by the Buyer (usually by payment into the Buyer's transaction account), unless the Buyer has expressly agreed to use another means of payment and the Buyer does not bear any costs as a result.
The Company reserves the right to withhold reimbursement of payments received until the return goods have been collected or the Buyer has provided proof (e.g. a scan of the postal delivery receipt) that the goods have been returned, except in cases where the Company may agree with the Buyer that it will collect the goods itself.
In the case of an off-premises contract, where the goods are delivered to the home at the time of conclusion of the contract, the Company shall collect them at its own expense if, due to the nature of the goods, such goods cannot normally be returned by post. The Buyer is obliged to notify the Company of this circumstance within the withdrawal period.
If the Consumer withdraws from the Contract after the Company has, at the Consumer's express request and with the Consumer's consent, commenced the performance of the service during the withdrawal period, the Consumer being aware that the Consumer will thereby lose the right to withdraw from the Contract, the Consumer shall pay to the Company an amount in proportion to the service performed up to the date of the Company's notification of the withdrawal from the Contract. The proportionate part shall be calculated in relation to the total value of the contract. If the price in the contract is too high in relation to the market price, the pro rata share shall be calculated in relation to the market value.
In the event of withdrawal from the contract, the buyer shall only bear the costs of returning the goods or digital content supplied on a tangible medium.
The Buyer shall not be entitled to reimbursement of any additional costs incurred if the Buyer has expressly opted for a type of shipment (e.g. express delivery) other than the most cost-effective standard shipment offered by the Company.
Withdrawal from the contract within 14 days and without reason in the case of a purchase of digital content or services
Withdrawal from the contract within 14 days and without cause in the case of the purchase of digital content or services pursuant to Article 135 of the Consumer Protection Act with regard to the supply of digital content not supplied on a tangible medium is not possible if the performance has begun and, where the contract obliges the purchaser to pay, if:
If the consumer withdraws from a contract for the supply of digital content or a digital service, the company shall refund to the consumer any payments made under the contract for the supply of digital content or a digital service.
Notwithstanding the preceding paragraph, where a contract for the supply of digital content or a digital service provides for the supply of digital content or a digital service against payment of a purchase price and for a specified period of time, and the conformity of the digital content or digital service has been ensured for a period of time prior to the withdrawal from the contract for the supply of digital content or a digital service, the company shall only refund to the consumer the proportion of the purchase price paid which corresponds to the period of time during which the conformity of the digital content or the digital service has not been ensured.
In the case referred to in the preceding paragraph, the company shall also refund to the consumer any part of the purchase price paid by the consumer in advance for the period of the contract for the supply of the digital content or digital service that would have remained if the consumer had not withdrawn from the contract for the supply of the digital content or digital service.
In the event of withdrawal, the consumer must not use the digital content or digital service and must not make it available to third parties.
Refund of payments in cases where the customer has redeemed a discount code, voucher or similar benefit and subsequently withdraws from the contract
In the case of withdrawal from a contract where a discount code, promotional code or other such price advantage has been used, the refund of funds already paid shall be assessed in such a way that the voucher, discount code, promotional code or other such price advantage (e.g. a time-limited discount obtained when the consumer fulfils conditions known in advance) is assessed as a discount on the final price of the goods, and consequently only the amount actually paid for the purchase is refunded to the customer.
In any case where a refund is made in relation to goods or services or digital goods or digital services where a gift voucher, discount, promotional code or other such price advantage has been redeemed, the Company will not refund to the Customer any amount in excess of what the Customer has actually paid to the Company.
Discount codes, promotional codes or other such price advantages will not be reissued to the customer in the event of withdrawal from the contract.
Any gift vouchers shall be taken into account as means of payment on withdrawal and shall be redeemed on refund by re-issuing the purchaser a gift voucher for the value of the gift voucher used in connection with the purchase withdrawn.
Non-compliance of goods and goods with digital elements
In accordance with the Consumer Protection Act, the Company shall supply the Buyer with goods that meet the subjective requirements for conformity of the goods, the objective requirements for conformity of the goods and the objective requirements for conformity of the goods with digital elements, where applicable, and shall be liable for any non-conformity of the goods at the time of delivery.
Subjective aspects of compliance
The consumer can claim against the company for non-conforming goods where the goods do not conform to the contract of sale as set out in Article 72 of the Consumer Protection Act (e.g. they do not correspond to the description in the contract of sale, they are not suitable for the specific purpose for which the consumer needs them, they are not supplied with accessories and instructions, they are not up-to-date, etc.).
Objective aspects of conformity of goods
The goods must also meet the objective criteria for conformity as set out in Article 73 of the Consumer Protection Act (e.g. they must be suitable for the purposes for which goods of the same type are normally used, they must be of the type, quality, pattern as advertised to the consumer, they must be supplied with accessories, packaging, instructions, etc.).
Aspects of compliance of goods with digital elements
Goods with digital elements are also non-conforming if the company fails to ensure that the consumer is informed of and supplied with updates, including security updates, necessary to maintain the conformity of the goods with digital elements within the period:
Where the consumer fails to install the updates supplied in accordance with the preceding paragraph within a reasonable period, the company shall not be liable for non-compliance resulting solely from the failure to carry out the relevant update, provided that:
Non-compliance due to incorrect installation
If the installation is an integral part of the sales contract and is carried out by or under the responsibility of the company, any non-conformity resulting from incorrect installation of the goods shall be deemed to be a non-conformity of the goods.
If the consumer incorrectly installs the goods which he is required to install himself due to the lack of installation instructions provided by the company or, in the case of goods with digital elements, by the company or undertaking supplying the digital content or digital service, any non-conformity resulting from the incorrect installation of the goods shall be deemed to be a non-conformity of the goods.
Asserting warranty claims in the event of non-conformity of goods and goods with digital elements
Time limit for asserting a guarantee claim for non-conformity of goods or goods with digital elements
The consumer can exercise his rights in respect of non-conforming goods if he notifies the company of the non-conformity within 2 months from the date on which the non-conformity was detected.
Warranty rights in respect of non-conforming goods (or goods with digital elements) expire within 2 years from the date on which the consumer notifies the company of the non-conformity of the goods.
The Company shall be liable for any non-conformity of the goods existing at the time of delivery of the goods and which becomes apparent within 2 years of delivery of the goods.
Without prejudice to Article 74(1) of the Consumer Protection Act, the preceding paragraph shall also apply to goods with digital elements.
In the case of goods with digital elements, where the sales contract provides for the continuous supply of digital content or a digital service over a specified period, the company shall be liable for any non-conformity of the digital content or digital service that arises or becomes apparent within two years of the supply of the goods with digital elements.
In the case of goods with digital elements where the sales contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the company shall be liable for any non-conformity of the digital content or digital service that arises or manifests itself during the period in which the digital content or digital service is to be supplied under the sales contract.
If the goods are second-hand, the company is liable to the buyer for any non-conformity that occurs within 1 year after the goods were delivered.
The non-conformity of the goods shall be presumed to exist at the time of delivery if it becomes apparent within one year of delivery of the goods, unless the Company proves otherwise or the presumption is incompatible with the nature of the goods or the nature of the non-conformity.
Notice from the Buyer to the Company regarding the exercise of a warranty claim
The consumer may notify the Company of the non-conformity in person, with a receipt issued by the Company, or by sending it to the shop or business unit where the goods were purchased, or by sending it to the Company's agent with whom the consumer has concluded the sales contract.
The Company recommends that Consumers raise notifications of non-compliance with the Company in writing, i.e. by physical mail or e-mail sent to the address or e-mail address indicated at the beginning of these General Terms and Conditions.
The consumer must describe the alleged non-compliance in detail in the notice of non-compliance.
It is advisable that the consumer also attaches to the notification the invoice (e.g. in scanned form) issued by the company in connection with the purchase of the product in question, or other evidence proving that the consumer has purchased the product from the company (e.g. an email confirming the order).
The Company shall not be obliged to assess and enforce warranty claims of persons who do not prove that they purchased the non-conforming goods, services or digital content or services from the Company's online shop.
It is also recommended to include in the communication a picture, video or other material explaining the non-compliance.
If necessary, the Company or its partners may ask the Buyer for an opportunity to inspect the non-conforming Goods, Service or Digital Content or Service (e.g. by arranging for the Company to send or collect the Goods for inspection at the Company's expense, by video link or by other appropriate means).
If the Company does not agree that the goods are non-conforming (or if it does not agree that the Consumer who sent the notice to the Company has the right to make a warranty claim), the Company will notify the Consumer in writing within 8 days of receipt of the Consumer's warranty claim.
What non-conformity warranty claims are available to the buyer in the event of non-conforming goods?
In the event of non-conformity of the goods, the consumer who has notified the Company of the non-conformity of the goods shall be entitled, subject to the conditions and in the order set out in this Section, to:
The Consumer may withhold payment of the balance of the Purchase Price or part of the balance of the Purchase Price until the Company has fulfilled its obligations under this Section. The Consumer shall exercise this right by giving notice to the Company of his decision, as more particularly described in the section above relating to notice by the Buyer to the Company.
In any event, the consumer shall also have the right to claim damages from the company, in particular the costs of materials, spare parts, labour, transfer and transport of the goods incurred as a result of the assertion of a warranty claim in relation to the non-conforming goods.
The consumer may require the company to bring the goods into conformity free of charge without significant inconvenience to the consumer within a reasonable period, not exceeding 30 days, from the time the company is informed of the non-conformity, taking into account in particular the nature of the goods and the purpose for which the consumer needs the goods.
The time limit referred to in the preceding paragraph may be extended to the minimum time necessary to complete the repair or replacement, but not more than 15 days. In fixing the extended period, account shall be taken of the nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement. The Company will inform the Consumer of the number of days for the extension and the reasons for the extension before the expiry of the period referred to in the preceding paragraph (usually by e-mail sent to the address from which the Consumer informed the Company of the non-conformity).
The conformity of the Goods shall be deemed to have been established free of charge if the Company also bears the payment of the necessary costs incurred in bringing the Goods into conformity, in particular the costs of shipping, transport, labour or materials.
When can consumers not choose to have non-conforming goods repaired or replaced?
In order to bring the goods into conformity, the consumer may choose between repairing the goods and replacing them with new, faultless goods, unless:
The Company may refuse a consumer's warranty claim to restore the conformity of the goods if repair and replacement are not possible or would cause the Company disproportionate costs, taking into account all the circumstances, including those referred to in the preceding paragraph.
Where repair or replacement of the goods is necessary to restore conformity, the Consumer shall make the goods available to the Company as more fully described in the section above relating to the notification of the Buyer to the Company. Where replacement of the Goods is necessary to restore conformity, the Company shall take back the replaced Goods at its own expense.
Where goods which were installed in accordance with their nature and purpose before the non-conformity became apparent have to be removed for the purpose of repair or replacement, the obligation to repair or replace the goods shall include the removal of the non-conforming goods and the installation of replacement or repaired goods, or the costs of such removal and reinstallation.
The consumer does not have to pay for the normal use of the replaced goods in the period before the replacement.
Reduction of the purchase price and withdrawal from the sales contract in the event of non-conforming goods
The consumer may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:
Notwithstanding the previous paragraph, the consumer may withdraw from the sales contract and request a refund of the amount paid if the non-conformity occurs within less than 30 days of delivery of the goods.
If the consumer requests a proportionate reduction in the purchase price, the reduction in the purchase price is proportionate to the reduction in the value of the goods received by the consumer compared to the value the goods would have had if they had been in conformity.
The consumer shall withdraw from the contract of sale by means of a declaration informing the company of his decision to withdraw from the contract of sale, as specified in the paragraph above relating to the notification of the buyer to the company.
Where the non-conformity relates to only part of the goods supplied under the contract of sale and there is a ground for withdrawal from the contract of sale under the first or second paragraph of this Article, the consumer may withdraw from the contract of sale in respect of those goods and any other goods acquired together with the non-conforming goods, provided that the consumer cannot reasonably be expected to keep only the conforming goods.
Where the consumer withdraws from the sales contract due to non-conformity, the consumer shall return the goods to the Company at the Company's expense.
The consumer cannot withdraw from the sales contract if the non-conformity is only minor.
The burden of proof as to whether the non-compliance is insignificant is on the company.
Time limit for reimbursement of the amount paid or part of the purchase price
Where the consumer withdraws from the sales contract, the company shall refund the amount paid to the consumer without delay, but no later than 8 days after receipt of the goods or proof that the consumer has sent the goods back.
Where the consumer requests a pro rata reduction of the purchase price in accordance with Article 83(3) of the Consumer Protection Act, the Company shall refund part of the purchase price within 8 days of receipt of the request for a pro rata reduction.
Asserting warranty claims in the event of non-compliant services
The provisions of this section shall apply to the services provided under the Online Offer unless otherwise provided by the Consumer Protection Act (or other law or other agreement between the Company and the Consumer).
In the event of an irregularity in the service provided, the consumer who informed the company may:
The time limits laid down for the liability of the company for non-conformity of the goods shall apply mutatis mutandis to the performance of the service, unless a longer period is laid down by a specific law or by an agreement between the company and the consumer.
If the existence of an irregularity in the service provided is not disputed, the Company shall comply with the Consumer's request in the service non-conformity notice as soon as possible, but no later than within 8 days.
The company shall reply in writing to the consumer's request no later than 8 days after receipt of the request, if the existence of an irregularity in the service provided is disputed.
Terms and conditions for purchasing digital content or services
This section of the General Terms and Conditions governs the purchase and supply of, or access to, digital content or services offered by the Online Shop.
The provisions of this Section shall not apply, in accordance with the Consumer Protection Act, to digital content or a digital service offered by an online shop which is included in or interconnected with goods with digital elements and which is provided with the goods in accordance with the sales contract for those goods, whether such digital content or digital service is supplied by the Company or by a third party.
In all such cases, the provisions of the Consumer Protection Act and the relevant sections of these General Terms and Conditions governing the compliance of goods with digital elements and other aspects of the purchase or liability in connection with the purchase of physical goods or goods with digital elements shall apply.
Concluding a contract to buy digital content or services
If digital content or digital services are available to the Buyer in the online shop offer at the time of the purchase, the Buyer may make a purchase in relation to them, as described in more detail in the section "Purchase process in the online shop and technical procedures for concluding a contract", whereby, in accordance with the provisions of these General Terms and Conditions and to the extent or according to the specification specified in the description of each digital content or digital service purchased, a contract for the supply of digital content or digital services is concluded between the Buyer and the Company.
Under this Contract, the Company shall subsequently supply to the Consumer, against payment, the relevant Digital Content or Digital Service as defined in the description of the relevant Digital Content or Digital Service or as further described below.
Under the Consumer Protection Act, a contract for the supply of digital content or a digital service includes:
Functionalities and measures for the technical protection of digital content or services or goods with digital elements
The individual functionalities and possible technical protections of the digital content or services or goods with digital elements are always indicated in the description of the digital content or services or goods with digital elements in the offer of the online shop.
In providing the above information, the Company may include links to other websites, video content or graphics in the descriptions. The Company reserves the right, in the event of technical limitations and other objective reasons, to include in the descriptions only such information as is expected or necessary for the proper use or installation and information of the average consumer in relation to the particular digital content or service or goods with digital elements.
In case of any ambiguity or lack of information, the consumer is invited to contact the Company at the e-mail address indicated at the beginning of this document before placing an order.
Supply of digital content or service
Upon successful completion of the purchase (and compliance with any other terms and conditions that may be set out in the description of the digital content or service in relation to any restriction of content to a dedicated part of the online shop, if this is stated in the description of the digital content or service or elsewhere in these General Terms), the Company will without undue delay:
The means of access to or downloading of the digital content or service, or the physical or virtual platform for access to the digital content or service by the consumer, shall be deemed to be the one indicated in the description of the digital content or service concerned (e.g. 'Available for download', 'CD', 'DVD', 'Online download') or expected by the average consumer in relation to the type of digital content or service concerned.
If another method of delivery is foreseen for the digital content or service, this will always be stated in the description of the digital content or service in question in the offer of the online shop or in these General Terms and Conditions.
If delivery in the above form is not possible at the time of purchase for technical or other objective reasons, the Company shall endeavour to repeat the delivery as soon as possible or by other appropriate means to be agreed with the Purchaser. Should the time of delivery constitute an essential element of the Contract for the Buyer and should there be any delay in delivery, the Buyer shall be entitled to withdraw from the Contract in accordance with the relevant provisions of these General Terms and Conditions governing the procedure to be followed in the event of non-conformity of the Goods or the Digital Content or the Services or the Goods with Digital Elements.
Access to digital content/services and permitted and serious outages
If part of the offer of the online shop also allows the purchase or delivery of digital content or services which, after purchase, are only available to the consumer on a dedicated part of the online shop, the use of and access to such digital content or services may be subject to the payment of a subscription fee or other terms and conditions for the use of and access to such streaming content or access to a dedicated part of the online shop, as will always be stated in advance in the description of such digital content or services or in these General Terms and Conditions.
In the event of a serious malfunction affecting the availability of the Leased Digital Content or Services in the dedicated area of the Online Shop or the possibility of a serious interruption in access to the Leased Digital Content (i.e. the operation of the dedicated area of the Online Shop), the Company will compensate the affected Customers by refunding the Purchase Fee or the Monthly Payment in proportion to the serious malfunction.
In the event of any ambiguity or lack of information regarding the possibility of accessing digital content or services, the consumer is invited to contact the Company before placing an order at the email address provided at the beginning of this document.
Information on compatibility and interoperability of digital content or services
Compatibility and interoperability of digital content or services depends on the digital content or service and may be specified as such in the description of the digital content or service.
If the description of an individual digital content or service does not include specific information on compatibility or interoperability, the digital content or service shall be deemed to be compatible or interoperable only with the hardware or software normally used with such digital content or service (i.e. hardware, software and any network connections that the average consumer expects to support the downloading, reading, use and other expected interaction with the digital content or service, such as a CD or DVD or other reader or USB input, programs or plug-ins for working with Word, .pdf files, plug-ins or programs for downloading and playing streaming video content in MP4 or AVI format, H.264 video codecs or DivX and Xvid, and hardware and software for the playback of .mp3 or .wav audio formats).
Unless otherwise stated in the description of a particular digital service or content in the online shop offer, digital content and services are in principle compatible and interoperable with Microsoft and MacOS operating systems and any other environments that support the operation of programs for launching, opening and reading or. playback of the relevant type of digital content or service (e.g. Android and IOS in the case of digital content or services whose descriptions indicate that they are used or accessed on mobile devices), to the extent that customised mobile versions of such applications support the relevant format of the digital content or service.
If the digital content or services contain specific requirements for start-up, access or use, such circumstances shall be indicated in the description of the digital content or service in question in the offer of the online shop at the time of purchase or in a dedicated area of the online shop.
In providing the above information, the Company may include links to other websites, video content or graphics in the descriptions. The Company reserves the right, in the event of technical limitations and other objective reasons, to include in the descriptions only such information as is expected or necessary for the proper use or installation and information of the average consumer in relation to the particular digital content or service or goods with digital elements.
In case of any ambiguity or lack of information, the consumer is invited to contact the Company at the e-mail address indicated at the beginning of this document before placing an order.
Non-compliance of digital content or service
In accordance with the Consumer Protection Act, the Company supplies the digital content or digital service to the Customer in accordance with the Digital Content Act.
Subjective aspects of digital content compliance
The digital content or digital service is not in conformity with the contract for the supply of digital content or digital service as referred to in Article 110 of the Consumer Protection Act (e.g. it does not correspond to the description, type, quantity and quality, and it does not have the functionality, compatibility, interoperability and other features as stated in the contract for the supply of digital content or digital service, etc.).
Objective compliance aspects of digital content or services
Digital content or a digital service is also non-compliant when it does not correspond to the purposes for which digital content or a digital service of the same type is normally used, as referred to in Article 111 of the Consumer Protection Act (e.g. it is not supplied with all the accessories and instructions that the consumer can reasonably expect to receive, where applicable, etc.).
Non-compliance of updates to digital content or digital service
Updates to the digital content or service are non-conforming if the company fails to ensure that the consumer is informed of the updates, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract for the supply of the digital content or digital service. The company shall ensure that the updates referred to in the preceding paragraph are supplied or made available to the consumer within the period:
Non-compliance due to incorrect integration of digital content or digital service
Any non-compliance of digital content or a digital service resulting from the incorrect integration of digital content or a digital service into the digital environment of the consumer shall be considered as a non-compliance of the digital content or digital service if:
Asserting warranty claims in the event of non-compliance of digital content or services
In the event of non-compliance of digital content or a digital service, the consumer may, subject to the conditions set out in this Section:
The consumer also has the right to claim damages from the company, in particular if the digital content or digital service supplied causes damage to hardware or other digital content or digital service owned by the consumer and the damage was not caused by the consumer's act or omission. The consumer shall claim damages in accordance with the general rules on liability for damages.
The Consumer may withhold payment of the remainder of the Purchase Price, or part of the remainder of the Purchase Price, until the Company has fulfilled its obligations under Chapter IV. of the Consumer Protection Act - Guarantee claims in case of non-compliance. The Consumer shall exercise this right by notifying the Company of his decision (e.g. as provided for in the section of these General Terms and Conditions on notification regarding the existence of a material defect in the normal goods).
The consumer's rights under paragraph 1 of this section shall terminate 2 2 from the date on which the consumer notifies the company of the non-compliance of the digital content or digital service.
Establishing compliance
The consumer may request that the digital content or digital service be brought into conformity, unless this would be impossible or would cause disproportionate costs to the company, taking into account all the circumstances of the case, including:
The company shall bring the digital content or digital service into conformity in accordance with the preceding paragraph within a reasonable period of time from the moment the consumer has notified the company of the non-compliance, free of charge and without significant inconvenience to the consumer, taking into account the nature of the digital content or digital service and the purpose for which the consumer needed the digital content or digital service.
Reduction of the purchase price or withdrawal from a contract for the supply of digital content or a digital service
The consumer may request a proportionate reduction of the purchase price in accordance with Article 83(2) and (3) of the Consumer Protection Act where digital content or a digital service is supplied against payment of the purchase price, or withdraw from the contract for the supply of digital content or a digital service in accordance with Article 83(4) of the Consumer Protection Act, in any of the following cases:
The value of the proportionate reduction in the purchase price is proportional to the reduction in the value of the digital content or digital service supplied to the consumer compared to the value that the digital content or digital service would have had if it had been compliant.
If a contract for the supply of digital content or a digital service provides that the digital content or digital service is to be supplied for a specified period against payment of a purchase price, the purchase price is reduced by the period during which compliance of the digital content or digital service was not ensured.
Notwithstanding Article 83(1) of the Consumer Protection Act, where digital content or a digital service is supplied against payment of a purchase price, the consumer may only withdraw from the contract for the supply of digital content or a digital service if the non-conformity is not insignificant. The burden of proof as to whether the lack of conformity is insubstantial shall be on the company.
The consumer exercises the right to withdraw from a contract for the supply of digital content or a digital service by notifying the company that he or she is withdrawing from that contract (e.g. as provided for in the section of these General Terms and Conditions on notification of the existence of a material defect in ordinary goods).
Refund of payments
If the consumer withdraws from a contract for the supply of digital content or a digital service, the company shall refund to the consumer any payments made under the contract for the supply of digital content or a digital service.
Notwithstanding the preceding paragraph, where a contract for the supply of digital content or a digital service provides for the supply of digital content or a digital service against payment of a purchase price and for a specified period of time, and the conformity of the digital content or digital service has been ensured for a period of time prior to the withdrawal from the contract for the supply of digital content or a digital service, the company shall only refund to the consumer the proportion of the purchase price paid which corresponds to the period of time during which the conformity of the digital content or the digital service has not been ensured.
In the case referred to in the preceding paragraph, the company shall also refund to the consumer any part of the purchase price paid by the consumer in advance for the period of the contract for the supply of the digital content or digital service that would have remained if the consumer had not withdrawn from the contract for the supply of the digital content or digital service.
Time limits and methods of reimbursement
In the event of a consumer exercising a claim for a proportional reduction of the purchase price or for withdrawal from a contract for the supply of digital content or a digital service pursuant to Article 120 or 122 of the Consumer Protection Act, the Company shall return the payments received to the consumer without undue delay and at the latest within 14 days from the day on which the Company was informed of the consumer's decision to exercise a claim for a proportional reduction of the purchase price or for withdrawal from a contract for the supply of digital content or a digital service.
The Company shall return payments received using the same means of payment as used by the consumer to pay for the digital content or digital service, unless the consumer expressly agrees to another means of payment and the consumer does not incur any costs as a result.
The Company shall not charge the Consumer any costs for the reimbursement of payments received.
Use of digital content and services
Upon withdrawal from a contract for the supply of digital content or a digital service, the Company may not use any content, other than personal data, provided or created by the consumer in the course of using the digital content or digital service supplied by the Company, except as provided for in Article 124 of the Consumer Protection Act.
In the event of withdrawal by the consumer from the contract for the supply of digital content or a digital service, the Company reserves the right, notwithstanding Article 124(2) of the Consumer Protection Act and the preceding paragraph, to prevent the consumer from making any further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by disabling the consumer's user account.
Use of digital content or services and return of the tangible medium
Upon withdrawal from a contract for the supply of digital content or a digital service, the consumer shall refrain from using the digital content or digital service and from making it available to third parties, for which the company may be held civilly liable.
If the digital content was supplied to the consumer on a tangible medium, the consumer shall, at the request of the Company and at the Company's expense, return the tangible medium to the Company without undue delay.
A request for the return of the tangible medium referred to in the preceding paragraph shall be made by the company within 14 days of the date on which it was informed of the consumer's decision to withdraw from the contract for the supply of digital content or a digital service.
The consumer does not have to pay for the use of the digital content or digital service for the period before the withdrawal from the contract for the supply of the digital content or digital service during which the conformity of the digital content or digital service was not ensured.
Package contract and withdrawal from a package contract
If the purchase involves the Company providing to the Buyer in a package, in addition to the elements of the supply of digital content or digital service, elements of the supply of other services or goods (i.e. if it is a package contract), the provisions of this Section apply only to the elements of the package contract relating to the digital content or digital service.
In the event that the Buyer withdraws from a particular element of a Package Contract referred to in the preceding paragraph, the Buyer may also withdraw from other elements of the Package Contract in question if the Buyer cannot reasonably be expected to retain the other elements of the Package Contract. If the Customer exercises the option to withdraw from other elements of the contract in accordance with the preceding paragraph, the Customer shall not pay to the Company any termination or other administrative charges, penalties, amounts of benefits received or other additional charges.
A Buyer who has received goods at the time of conclusion of a Package Contract and who withdraws from the Package Contract in accordance with the preceding paragraph may, if he withdraws from the Package Contract before the expiry of the term of the Contract, choose either to reimburse the Company for an amount corresponding to a proportionate part of the total value of the goods received and to retain the goods received, or to return the goods to the Company in the same condition in which they were delivered to him at his expense and to be refunded by the Company the Purchase Fee by the Buyer.
The amount of the pro rata share of the total value of the goods received referred to in the preceding paragraph will not exceed their value as established at the time of the conclusion of the package contract or the remainder of the monthly payments for the goods received until the end of the term of the contract, whichever is the lower.
Guarantee of trouble-free operation of certain products
With a guarantee, the company or the manufacturer (depending on who issued the guarantee certificate in relation to the goods in question) undertakes as guarantor to repair or replace the goods free of charge, or to refund part or all of the purchase price, to the consumer where the goods do not meet the specifications or have the characteristics stated in the guarantee certificate or the relevant advertising communication made available to the consumer at the time of purchase (i.e. the conclusion of the contract), or before, as stated in the guarantee certificate.
If the terms and conditions of the warranty card are less favourable to the consumer than those set out in the linked advertising messages, the warranty shall be binding on the terms and conditions set out in the linked advertising messages, unless the linked advertising messages have been corrected in the same or comparable way as they were issued prior to purchase.
The guarantee does not exclude the consumer's rights under the statutory guarantee of conformity of goods.
The provisions of this section (and the provisions or rights of each warranty card) also apply to purchasers who do not meet the definition of a consumer.
Issue and territorial validity of the warranty card
The goods offered in the online shop are guaranteed if this is expressly stated in the guarantee certificate or invoice sent to the customer together with the product.
The manufacturer (or company) offers the consumer a compulsory guarantee, as specified in the individual guarantee certificate provided for the goods in respect of which the statutory or regulatory provisions require the compulsory issue of a guarantee,
The manufacturer (or company) may, at its discretion, issue a voluntary (commercial) guarantee in relation to certain goods, as specified in the individual warranty card, which may accompany goods in respect of which the issue of a guarantee is not compulsory.
For goods in respect of which a guarantee has been issued, the Company shall, no later than upon delivery of the goods, provide the Consumer with a guarantee certificate from the guarantor containing the information as defined in Article 91 of the Consumer Protection Act.
The guarantee issued will always be valid exclusively for the territory of the Republic of Slovenia (unless otherwise stated in the warranty card).
Servicing, spare parts, repair and maintenance of goods
The manufacturer shall provide, against payment, repair, maintenance, spare parts and attachments for at least three years after the expiry of the warranty period, either by servicing the goods itself or by a contractor with whom the goods have been contracted for servicing.
In the case of goods where the issue of a warranty is mandatory, the Company informs the Purchaser that, unless otherwise specified in the warranty card (e.g. if the list of authorised repairers does not include providers covering the territory of the Republic of Slovenia or providers providing free of charge repair, maintenance, spare parts and attachments), the Purchaser should contact the Company with their questions or requests via the email address for communication with consumers, which is indicated at the beginning of these General Terms and Conditions.
Consumer warranty rights
If the goods covered by a statutory guarantee do not meet the specifications or do not have the characteristics stated in the guarantee document or the advertising message, the consumer may first request that the defects be rectified. If the defects are not rectified within a total of 30 days from the date on which the manufacturer or the authorised repairer received the consumer's request for rectification, the manufacturer must replace the goods free of charge to the consumer with identical, new and faultless goods.
The time limit referred to in the preceding paragraph may be extended to the minimum time necessary to complete the repair or replacement, but not more than 15 days. In fixing the extended period, account shall be taken of the nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement. The manufacturer shall inform the consumer before the expiry of the period referred to in the preceding paragraph of the number of days for the extension of the time limit and the reasons for the extension.
If the manufacturer fails to repair or replace the goods within the time limit referred to in the first paragraph of this Article and the preceding paragraph, the consumer may request a full refund of the purchase price from the manufacturer or a proportionate reduction of the purchase price.
If the consumer requests a proportionate reduction in the purchase price, the reduction in the purchase price is proportionate to the reduction in the value of the goods received by the consumer compared to the value the goods would have had if they had been in conformity.
Notwithstanding the first, second and third paragraphs of this Section, the consumer may request reimbursement of the amount paid from the manufacturer if the non-conformity occurs within less than 30 days of delivery of the goods.
The manufacturer issues a new warranty certificate for the replaced goods or for the replacement of an essential part of the goods with a new one.
The manufacturer or authorised repairer may provide the consumer with the use of similar goods free of charge for the duration of the repair of the goods covered by the statutory guarantee.
If the manufacturer fails to provide the consumer with replacement goods for temporary use, the consumer has the right to claim damages for the loss suffered as a result of not being able to use the goods from the time he or she requested the repair or replacement until it is carried out.
The costs of materials, spare parts, labour, porterage and transport incurred in rectifying defects or replacing goods with new ones are paid by the manufacturer.
Procedure for exercising your rights under the guarantee
Within the warranty period and subject to the warranty conditions, the Buyer must request in writing that the defects be rectified by the Guarantor or an authorised repairer, providing both the product and the warranty and service certificates and a copy of the invoice.
The Buyer shall not be charged any costs in connection with the rectification of defects or replacement of the Product.
For faster and more efficient warranty processing, the Buyer may send the product directly to the nearest authorised repairer, otherwise the Buyer may also send a written request with a detailed description of the defect and the goods to the Company, either electronically to the Company's e-mail address for communication with consumers, which is indicated at the beginning of these General Terms and Conditions, or by ordinary mail sent to the Company's official address, which is also indicated at the beginning of these General Terms and Conditions.
If the Company determines that a defect in the product is due to the Buyer's misconduct, and the warranty claim proves to be unjustified, it will send the product back to the Buyer at the Buyer's expense by written notice to the Buyer.
The rights that the consumer can exercise under the warranty card expire two years after the date on which the consumer exercised them.
Questions about which goods are covered by a guarantee and how the Buyer can invoke the guarantee can be directed to the Company via the Company's consumer communication email address set out at the beginning of these General Terms and Conditions.
Enforcing complaints
The Company has a system in place for handling complaints relating to goods or services and digital content or services offered in the Online Shop, as well as in relation to purchases made on the Online Shop. The visitor or customer may contact the Company regarding any complaint via the email address provided at the beginning of these General Terms and Conditions.
The Company will notify the complainant by email within a reasonable period of time that it has received his/her complaint and will communicate its decision on the complaint in the same way within 15 working days. This will conclude the complaint procedure with the Company.
The Company will use its best endeavours to resolve any disputes amicably. If no amicable settlement is reached, the courts of the place where the Company has its registered office (or the nearest place where a court of competent jurisdiction exists) shall have exclusive territorial jurisdiction to settle any dispute between the Company and the User or the Customer.
These General Terms and Conditions and all disputes between the Company and the Visitor or Customer shall be governed by and governed by Slovenian substantive and procedural law.
The applicable provisions of the Code of Obligations, the Act on Electronic Commerce on the Market, the Act on Personal Data Protection and the Consumer Protection Act shall apply mutatis mutandis to all relationships and rights and obligations not governed by these General Terms and Conditions.
Out-of-court settlement of consumer disputes
In accordance with the Regulations, the Company does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a customer may bring under the Act on the Out-of-Court Settlement of Consumer Disputes in respect of products purchased from the Online Shop.
The company offers online commerce in the territory of the Republic of Slovenia, i.e. within the European Economic Area, and consequently publishes on its website an electronic link to the Online Consumer Dispute Resolution Platform (ODRP). The platform is available to consumers at the following link:
Permitted use of the online shop
The online shop may not be used for any purpose other than the following private and non-commercial purposes: (i) viewing the online shop and the products and content therein; (ii) interacting with the buttons, contact forms and other aspects of the online shop to make a purchase; (iii) sharing and publishing links to the online shop; (iv) using any dedicated parts of the online shop, provided that the visitor meets the conditions set out for this purpose (e.g. (v) any other purpose that is logically connected with the activity of the online shop or the company and constitutes an established, safe and expected use.
The Company reserves the right to deny a visitor, previous customer or registered customer access to the online shop if there are serious and compelling reasons to do so, related to suspicion of abuse, fraud or commission of a criminal offence or serious damage to the Company or its partners, and to bring civil proceedings against such persons.
The use of automated systems or software to extract data from an online shop for commercial purposes ("screen scraping") is strictly prohibited.
Prior information and information provided by the company as an information society service provider
The Company shall provide easy, direct and simple access to its data (i.e. its company and registered office details, a valid e-mail address for fast and efficient communication, and its registration or tax number, registration details indicating the register and registration number, and the fact that it is or is not subject to value added tax) at the bottom (i.e. footer) of the Online Shop or at the beginning of these General Terms and Conditions. The Company has not published the name of the competent public authority, chamber or other supervisory organisation, the name of the professional chamber or association, the professional title and the country in which it was granted, as well as references to the applicable professional rules of that country and the means of accessing them, since, at the date of entry into force or of the last amendment of these General Terms and Conditions, it does not require a specific licence for its activity or does not carry out a profession or activity subject to special conditions or to compulsory affiliation to chambers or similar associations.
Turn on your mind to request an invoice
The company must issue an invoice for the supply of goods or services and give it to the customer.
Entry into force of these General Terms and Conditions
These General Terms and Conditions are version 2.0 and shall be valid and applicable from 23 June 2025.
KAKADU, online shop, d.o.o.
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