Returns / exchanges / complaints

CUSTOMER'S RIGHT TO CANCEL THE CONTRACT BY DISTANCE AND RETURN THE GOODS - this right is only available to customers who are consumers.

The consumer has the right to notify the trader within 14 days that he/she is withdrawing from the distance contract, without having to give a reason for his/her decision to withdraw. The buyer must notify the supplier of his withdrawal from the contract in an unequivocal statement, preferably by sending a duly completed Refund formswhich can be opened using the button above, or by another unequivocal statement of withdrawal, and enclosing a copy of the documents that accompanied the delivery of the goods and prove the identity of the goods and the buyer, to the following e-mail address [email protected]. The Buyer may also withdraw from the Contract by calling the following telephone no. +386 40 792 979. In order to provide proof of withdrawal, we recommend that the buyer makes a written declaration of withdrawal.

The withdrawal period starts on the day on which:

• the consumer or a third party other than the carrier appointed by the consumer acquires actual possession of the goods,
• o the consumer, or a third party other than the carrier appointed by the consumer, acquires possession of the last piece of goods if the subject-matter of the contract is several pieces of goods ordered by the consumer in a single order,
• o the consumer, or a third party other than the carrier appointed by the consumer, acquires possession of the last consignment or piece of goods if the delivery of the goods consists of several consignments or pieces,
• o the consumer, or a third party other than the carrier appointed by the consumer, acquires effective possession of the first item of goods if the delivery of the goods is regular over a specified period.

If the subject-matter of the contract is the provision of services, the withdrawal period starts from the date of conclusion of the contract.

The consumer is deemed to have made the withdrawal declaration in time if he sends it within 14 days of taking delivery of the goods in the case of a purchase of goods and within 14 days of the conclusion of the contract in the case of a service.

The cost of returning the goods is borne by the consumer. The cost of returning goods which, due to their nature, cannot be returned by post shall be borne by the consumer and shall be charged in accordance with the price list of the chosen postal service provider in force from time to time.

The goods must be returned to the supplier no later than 30 days after the date on which the cancellation notice is sent. The consumer shall be liable for the diminished value of the goods if the diminished value is the result of handling which is not strictly necessary to establish the nature, characteristics and functioning of the goods. The consumer's liability for diminished value of the goods may be up to the value of the full ordinary retail price of the goods on the day on which they were purchased, which shall be determined on a case-by-case basis. In view of this liability for diminished value, the consumer is advised to return the goods for which he/she is withdrawing from the contract undamaged, unused and in unaltered condition and in their original packaging, so as to avoid damage to the goods in transit. The provider will ask the consumer to pay the specified reduced value of the goods.

You can return the goods:

• in person - at the Ljubljana office of Kakadu Shopping Centre Supernova Šiška, Cesta Ljubljanske Brigade 33, store opening hours HERE;
• by post or other delivery service to the following addressKakadu d.o.o., Kakadu Warehouse, Celovška cesta 280, 1000 Ljubljana.

Any return of goods must be accompanied by a written explanation that the goods are being returned because the distance contract has been withdrawn. The easiest way to do this is to enclose with the returned goods a copy of the Distance Withdrawal Form, duly and completely completed, and a copy of the invoice or other proof of purchase.

If you are returning goods by post, please protect them properly to prepare them for safe transport. It is best to protect the goods with the original packaging or packaging that can protect the item as effectively as the original packaging to avoid damage in transit, as the buyer is liable to the supplier for any damage to the item that occurs between the time the item is collected and the time the item is returned to the supplier.

The possibility to withdraw from a distance contract does not apply to the following contracts:

1. goods or services whose price depends on fluctuations in the markets beyond the supplier's control, which may occur within the withdrawal period;
2. goods that are made to the consumer's precise instructions and tailored to his or her personal needs;
3. goods that are perishable or expire quickly;
4. the provision of a service which obliges the consumer to pay, provided that the provider fully performs the contract and the provision of the service has been started on the basis of the consumer's express prior consent and with the understanding that he or she loses the right of withdrawal once the provider has fully performed the contract;
5. the supply of sealed audio or video recordings and computer programs, provided that the consumer has opened the security seal after delivery;
6. the supply of newspapers, periodicals or magazines, except for subscription contracts for the supply of such publications;
7. the delivery of sealed goods that are unsuitable for return for health or hygiene reasons, provided that the consumer has opened the security seal after delivery;
8. the supply of goods which, by their nature, are inextricably mixed with other items;
9. the supply of alcoholic beverages, the price of which is agreed at the time of conclusion of the sales contract and which can be delivered after 30 days, but the actual value of which depends on market fluctuations beyond the control of the supplier;
10. concluded at public auctions;
11. where the consumer has explicitly requested a home visit from the provider to carry out urgent repairs or maintenance. If, during such a visit, the supplier provides additional services not expressly requested by the consumer or delivers goods which are not spare parts essential for the maintenance or repair, the consumer shall have the right to withdraw from the contract in respect of those additional services and goods;
12. non-residential accommodation, transport of goods, car hire, catering or leisure services where the undertaking undertakes to fulfil its obligation on a specific date or within a specific time limit.

Refunds will be made as soon as possible and at the latest within 14 days of receipt of the notification of withdrawal from the distance contract. The provider shall return the payments received to the consumer by the same means of payment used by the consumer, unless the consumer expressly requests the use of another means of payment and unless the consumer bears no costs as a result. The consumer cannot claim reimbursement of additional costs incurred if he has expressly opted for another or until the consumer has provided proof that he has sent the goods back. The supplier may refuse the customer's order or, despite confirmation of the order, withdraw from the distance purchase contract if it is established that the customer is abusing his right of withdrawal from the distance contract.

CHANGE OF GOODS

If the goods or services purchased in the Kakadu.si online shop do not suit you, you may return them under the conditions and in the manner specified in the withdrawal from the distance contract and then place a new online order for other goods or services.

COMPLAINTS

DAMAGED CONSIGNMENTS

If you notice that the packaging shows signs of opening or that the packaging or contents are physically damaged when you receive the shipment, please tell us immediately. The Supplier must report any damage caused by transport to the delivery service within 7 calendar days of delivery of the parcel to the Customer.

Please contact us at: [email protected] forward:

• a completed and signed declaration of damage to the consignment from the consignee. The easiest way to fill in the declaration form is to HERE.
• PHOTOS: the outer packaging, a DPD sticker with the sender's and recipient's details, a photo of the inner packaging and a photo of the damaged contents of the parcel.

INCOMPLETE CONSIGNMENTS

If, upon receipt of your parcel, you notice that it is missing contents or that the goods you have received are not the same as the goods you ordered, please notify us immediately at: [email protected] or call +38670477089. Please also provide us with your order number.

COMPULSORY GUARANTEE FOR THE CONFORMITY OF THE GOODS AND FOR DEFECTS IN THE SERVICES PROVIDED, AND COMPULSORY GUARANTEE FOR MATERIAL DEFECTS IN THE GOODS AND SERVICES PROVIDED

Compulsory guarantee for conformity of goods and defects in the service - applies to consumers

The goods are in conformity with the contract of sale, in particular where applicable:

1. it is of the description, type, quantity and quality, and has the functionality, compatibility, interoperability and other features as required in the sales contract;
2. it is suitable for the specific purpose for which the consumer needs it and which the consumer has informed the supplier of at the latest at the time of conclusion of the sales contract and the supplier has agreed to;
3. is supplied with all accessories and instructions, including installation instructions, as specified in the sales contract; and
4. is up to date, as specified in the sales contract.

(hereafter collectively: subjective requirements for the conformity of goods)

In addition to meeting the requirements of the previous paragraph, the goods must:

1. be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, sector-specific codes of practice;
2. be of such quality and correspond to the description of the sample or model made available by the supplier to the consumer before the conclusion of the sales contract, where applicable;
3. be supplied with such accessories, including packaging, installation instructions or other instructions, as the consumer can reasonably expect to receive, where appropriate; and
4. be of such quantity and have the characteristics and other qualities, including with regard to durability, functionality, compatibility and safety, as are customary for goods of the same type and which the consumer may reasonably expect in the light of the nature of the goods and taking into account any public statement made in advertising or labelling by or on behalf of the supplier or other persons upstream in the contractual chain, including the manufacturer, unless the supplier proves that:
   • he had no knowledge of the public statement and could not reasonably be expected to have had knowledge of it,
   • the public statement has been revised in the same or a comparable manner as it was made by the time of the conclusion of the sales contract; or
   • the public statement could not have influenced the decision to buy the goods.

(hereafter collectively: the objective requirements for the conformity of goods)

In the case of goods with digital elements, the supplier shall ensure that the consumer is informed of the updates, including security updates, necessary to maintain the conformity of the goods with the digital elements and is supplied with those updates within the period:

• which the consumer can reasonably expect, having regard to the nature and purpose of the goods and digital elements and taking into account the circumstances and the nature of the contract, where the sales contract provides for a one-off supply of digital content or a digital service; or
• two years from the delivery of the goods with digital elements, where the sales contract provides for the continuous supply of digital content or a digital service over a specified period; or
• the period during which the digital content or digital service is to be supplied under the sales contract, where the sales contract provides for the continuous supply of the digital content or digital service over a period of more than two years.

(hereafter collectively: the objective requirements for the conformity of goods with the digital elements)

Where the consumer fails to install the updates supplied in accordance with the previous paragraph of this Article within a reasonable period, the supplier shall not be liable for non-compliance resulting solely from the failure to carry out the relevant update, provided that:

• the provider has informed the consumer of the availability of the update and the consequences of the consumer's failure to install it; and
• the reason for the consumer not installing the update or installing it incorrectly was not due to the inadequate installation instructions provided to the consumer.

The Provider shall not be liable for any non-conformity of the Goods resulting from a failure to comply with the objective requirements for conformity of the Goods or the Goods with digital elements, provided that the Provider has specifically informed the Consumer at the time of conclusion of the Sales Contract that a particular feature of the Goods deviates from the objective requirements for conformity of the Goods and that the Consumer has expressly and separately accepted this deviation at the time of conclusion of the Sales Contract.

If the installation is an integral part of the sales contract and is carried out by or under the responsibility of the supplier, any non-conformity resulting from incorrect installation of the goods shall be deemed to be a non-conformity of the goods. Where the consumer incorrectly installs goods which he is required to install himself as a result of inadequate installation instructions provided by the supplier or, in the case of goods with digital elements, by the supplier or the undertaking supplying the digital content or digital service, any non-conformity resulting from the incorrect installation of the goods shall be considered to be a non-conformity of the goods.

Where a restriction resulting from an infringement of the rights of a third party, in particular intellectual property rights, prevents or restricts the use of the goods in accordance with Articles 72, 73, 74 and 75. The consumer shall be entitled to warranty claims for non-conformity of the goods in accordance with this clause of the Terms and Conditions, unless another law provides for the nullity or annulment of the contract of sale due to the infringement of third party rights.

The Supplier shall be liable for any non-conformity of the Goods existing at the time of delivery of the Goods and which becomes apparent within two years of delivery of the Goods, which shall also apply to Goods with digital elements, without prejudice to the objective requirements for conformity of the Goods with digital elements (hereinafter referred to as the "Warranty Period").

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 supplier is 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 supplier is 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 subject-matter of the sales contract is second-hand goods, the consumer and the supplier may agree on a shorter period of liability of the supplier as seller than previously defined, but this period may not be less than one year.

The contractual provision cannot limit or exclude the liability of the supplier as seller for non-conformity of the goods as defined in the above paragraphs of this clause. Any contractual provision to the contrary shall be null and void.

The non-conformity of the goods shall be presumed to have existed at the time of delivery if it becomes apparent within one year of delivery of the goods, unless the supplier, as seller, proves otherwise or unless the presumption is incompatible with the nature of the goods or the nature of the non-conformity. In the case of goods with digital elements where the contract of sale provides for the continuous supply of digital content or a digital service over a specified period, the provider as seller shall bear the burden of proof as to whether the digital content or digital service was in conformity during the period specified in paragraph 8 of this Article, if the non-conformity becomes apparent during that period.

In the event of non-conformity of the goods, the consumer who has notified the supplier of the non-conformity of the goods shall be entitled, subject to the conditions and in the order set out in this point, to:

1. require the supplier to restore the conformity of the goods free of charge,
2. request a reduction of the purchase price in proportion to the non-compliance or withdraw from the sales contract and request reimbursement of the amount paid.

The consumer may withhold payment of the remainder of the purchase price, or part of that remainder, until the supplier has fulfilled its obligation under this point. The consumer shall exercise this right by a declaration informing the provider of his decision. In any event, the consumer shall also have the right to claim from the supplier compensation for damages, in particular the costs of materials, spare parts, labour, transfer and transport of the goods, incurred as a result of the assertion of the guarantee claim in accordance with this paragraph.

The consumer may require the supplier 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 when he notifies the supplier of the lack of conformity, taking into account in particular the nature of the goods and the purpose for which the consumer needs the goods. That period may be extended to the minimum time necessary to complete the repair or replacement, but not more than 15 days. In determining the extended period, account shall be taken of the nature and complexity of the goods, the nature and severity of the lack of conformity and the effort required to complete the repair or replacement. The provider shall inform the consumer before the expiry of the period referred to in this paragraph of the number of days for the extension of the time limit and the reasons for the extension. The conformity of the goods shall be deemed to have been established free of charge if the supplier is also liable for the payment of the necessary costs incurred in bringing the goods into conformity, in particular the costs of shipping, transport, labour or materials. In order to bring the goods into conformity, the consumer may choose between having the goods repaired and having them replaced by new, faultless goods, unless:

• it is impossible to meet the selected guarantee claim; or
• the fulfilment of the selected guarantee claim represents a disproportionate cost for the tenderer compared to another guarantee claim, taking into account all the circumstances.

The circumstances referred to in the second indent of the preceding paragraph of this point shall be, in particular, the value which the goods would have had if they had not been non-conforming, the significance of the non-conformity and the possibility of providing the consumer with another guarantee claim without significant inconvenience.

The supplier may refuse the consumer's warranty claim to restore the conformity of the goods if repair and replacement are not possible or would entail disproportionate costs for the supplier, 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 must make the goods available to the trader. Where replacement of the goods is necessary to restore conformity, the supplier shall take back the replaced goods at his 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 purposes 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 is not required to pay for the normal use of the replaced goods during the period before replacement.

The consumer may request a proportionate reduction of the purchase price or withdraw from the sales contract in any of the following cases:

• the supplier has failed to repair or replace the goods or, where applicable, has failed to complete the repair or replace the goods in accordance with this Law or has refused the consumer's guarantee claim to restore conformity of the goods in accordance with the preceding paragraph of this Article;
• a non-compliance exists even though the supplier has tried to establish compliance;
• the nature of the non-compliance is so serious as to justify an immediate proportionate reduction of the purchase price or withdrawal from the sales contract; or
• the supplier has stated, or it is apparent from the circumstances, that the supplier will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

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 of the purchase price, the reduction of the purchase price shall be 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 sales contract by means of a declaration informing the supplier of his decision to withdraw from the sales contract. Where the non-conformity relates only to 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 point, 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, the consumer shall return the goods to the supplier at the supplier's expense. The consumer may not withdraw from the sales contract if the non-conformity is merely insignificant. The burden of proof as to whether the lack of conformity is insignificant shall be on the supplier.

The consumer may exercise his rights under the non-conformity if he notifies the non-conformity to the provider within two months from the date on which the non-conformity was detected. The consumer shall describe the non-conformity in detail in the notification of the non-conformity. The consumer may notify the provider of the non-conformity in person at the Kakadu Shopping Centre Supernova Šiška, Cesta Ljubljanskih Brigad 33, Ljubljana, during the store's opening hours, and the provider shall issue a receipt to the consumer, or by sending it to Kakadu d.o.o., Kakadu Warehouse, Celovška 280, 1000 Ljubljana. The consumer must allow the supplier to inspect the goods which the consumer claims are non-conforming.

If the existence of non-conformity of the goods is disputed, the provider shall notify the consumer in writing within eight days of receipt of the consumer's guarantee claim.

Where the consumer withdraws from the sales contract, the supplier shall reimburse the amount paid to the consumer without delay, but at the latest within eight days of receipt of the goods or proof that the consumer has sent the goods back. Where the consumer requests a proportionate reduction of the purchase price, the supplier shall reimburse part of the purchase price within eight days of receipt of the request for a proportionate reduction of the purchase price.

The rights referred to in the fifteenth paragraph of this point of the Terms and Conditions shall expire within two years from the date on which the consumer informed the seller of the non-conformity of the goods.

A service contract is a contract, other than a contract of sale, under which the provider undertakes to provide a service to the consumer and the consumer undertakes to pay a price for it, in accordance with the applicable consumer protection legislation. In the event of an irregularity in the service provided, the consumer, who has informed the provider, may:

• require the service to be corrected gratuitously;
• requires the service to be re-run;
• request reimbursement of part of the purchase price in proportion to the irregularities in the service provided; or
• withdraw from the contract and request a refund.

The time limits laid down for the liability of the supplier 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.

If the existence of an irregularity in the service provided is not disputed, the provider shall comply with the consumer's request referred to in the preceding paragraph of this point as soon as possible, but at the latest within eight days. The provider shall respond in writing to the consumer's request no later than eight days after receipt of the request, if the existence of an irregularity in the service provided is disputed.

Compulsory guarantee against material defects in goods and services - applies to non-consumers

With regard to the guarantee against material defects in goods and services, the provisions of the Code of Obligations in force at the time defining liability for material defects shall apply in relation to persons who are not considered to be consumers.

Procedure for claiming non-conformity of goods or services or material defects

The Buyer and the Consumer Buyer must notify the Provider of any non-conformity of the goods or material defects in the goods or any irregularity in the service provided, together with a precise description thereof and by providing a copy of the invoice or the details from which the purchase can be identified and the goods or service specified. The Buyer may exercise its rights under the guarantee of conformity of goods or material defects if it notifies the Supplier of the non-conformity or material defects in the goods or the irregularity in the service within the statutory time limit. The Buyer must allow the Supplier or the Supplier's agent or an authorised repairer appointed by the Supplier to inspect the goods or the service provided. The best way for the consumer to assert the non-conformity of the goods or the performance of the service is to fill in the Form for asserting the rights of the buyer due to non-conformity of the goods or the service - download HERE.

If you send goods for inspection by post because of non-conformities or material defects, you must protect them properly to prepare them for safe transport. You may return the goods complained of by post to Kakadu d.o.o., Kakadu Warehouse, Celovška 280, 1000 Ljubljana. You can also bring the goods in person to the Kakadu store in Ljubljana, Supernova Šiška Shopping Centre, Cesta Ljubljanskih Brigad 33, during the store's opening hours. The easiest way to do this is to enclose a declaration of non-conformity or a form for exercising the buyer's rights arising from the non-conformity of the goods or services with the goods.

With regard to the mandatory guarantee for the conformity of goods and digital content or digital services and for defects in the service provided, the provisions of the Consumer Protection Act in force from time to time shall apply in relation to consumers, and the provisions of the Code of Obligations in force from time to time defining liability for material defects shall apply in relation to persons who are not considered consumers.

WARRANTY

The rights and obligations under the guarantee are governed by the provisions of the Consumer Protection Act and the Code of Obligations in force from time to time.

Goods are covered by a guarantee if so stated on the guarantee certificate, invoice or advertising available at or before the conclusion of the contract, or as provided for by applicable law. The Warrantor (hereinafter also referred to as the "Warrantor") warrants the quality or fault-free operation of the Goods within the Warranty Period, provided that you use the Goods in accordance with their intended purpose and in accordance with the instructions for use and assembly provided with the Goods. The warranty period shall commence on the date of delivery of the goods to the Buyer.

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 with new ones within the time limit, 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 above, the consumer may request a refund from the manufacturer if the non-conformity occurs within less than 30 days of delivery of the goods.

If you want to claim the guarantee, you can do so by directly with the guarantor or the authorised repairer named on the warranty card. For detailed instructions on how to claim the warranty, please refer to the warranty card enclosed with the goods.

When claiming the guarantee from the supplier, which applies only in cases where the supplier is the guarantor, the buyer must provide written
a declaration or submit a duly and completely completed Warranty Enforcement Form, giving the information requested and
record the Buyer's findings that the Goods are not in working order and attach the warranty card and a copy of the invoice or other proof of work
purchase and specification of goods The buyer must allow the supplier or an authorised repairer to inspect the goods.
The rights set out in point 13.3 "Warranty" also apply to buyers who are not consumers.

If you are sending goods for warranty repair by post, please protect them properly to prepare them for safe transport. The easiest way to do this is to enclose a declaration or warranty claim form with the goods.

If the guarantor is the provider, you can send the goods for which you claim the guarantee to the provider by post to Kakadu d.o.o., Kakadu Warehouse, Celovška 280, 1000 Ljubljana or bring them to the provider in person at the office in Ljubljana, Kakadu Shopping Centre Supernova Šiška, Cesta Ljubljanskih Brigad 33, during the store's opening hours.

The Provider is not qualified to make a technical assessment of possible malfunctions and therefore cannot decide on the replacement of a defective product without the opinion of an authorised repairer.