GENERAL TERMS AND CONDITIONS OF BUSINESS

 

Please read the following general terms and conditions of the online store (hereinafter: general terms) carefully. The general terms are valid on all pages of our online store and on our Facebook profile, without exception. If you do not agree with the offered general terms, we kindly ask you not to browse the pages or make purchases through our online store. Furthermore, until the revocation or modification of the valid general terms, you are bound by these general terms each time you visit or perform any transaction on our site. We will regularly update the general terms, and they will at all times be accessible to everyone in their latest and valid version in full text without difficulty.

 

 

Business Information

 

Provider or Seller

 

Company: UTG VODNIK proizvodnja, trgovina d.o.o.

Shortened Company Name: UTG Vodnik d.o.o.

Tax Number: 47451742

Account Number: SI56 2900 0005 2113 883 (Unicredit)

 

Contact

 

TOLSTOJEVA STREET 12, 1230 DOMŽALE

 

Phone: 01 724 82 58

Fax: 01 724 82 59

Email: info@utg-vodnik.si

 

 

General

 

The general terms of business govern the operation of the online store, the rights of the customer (user with or without registration), and the business relationship between the provider and the customer.

 

The general terms of business for the online store UTG Vodnik d.o.o. (hereinafter: the online store) are compiled in accordance with the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, hereinafter: ZVPot-1), which is available in its entirety at the website http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7054

 

The online store is operated by the company UTG Vodnik d.o.o. (hereinafter also referred to as the provider or seller).

 

Upon registration in the online store system, the visitor obtains a username that is the same as the address of their email and a password. The username and password unequivocally identify and link the user with the entered data. By registering, the visitor becomes a user and gains the right to purchase.

 

The customer can also make a purchase without registering on the website (unregistered user).

 

UTG Vodnik d.o.o. reserves the right to make any changes, partial or in full, to any part of the general terms without prior notice. Changes take effect from the moment they are published.

 

UTG Vodnik d.o.o. is committed to ensuring that the operation of the online store complies with applicable legislation.

 

All communication that takes place between the customer and UTG Vodnik d.o.o. in electronic form is considered to have been executed in writing.

 

The online store is open 24 hours a day, every day. Due to various technical or other reasons, the operation of the online store or even access to the store may occasionally be impossible. Therefore, UTG Vodnik d.o.o. reserves the right to restrict or completely stop the sale of certain or all products for a specific or indefinite time, or to restrict or completely stop access to the online store's pages or otherwise limit or cease the operation of the online store.

 

The offer and contract in the online store are fully published in the Slovenian language.

 

The customer does not incur any costs related to the use of a communication medium when using this site. UTG Vodnik d.o.o. does not charge any additional costs associated with the use of a communication medium.

 

Purchasing in the online store or any provision of personal data on the pages of the online store is only permitted for fully capable adults over the age of 18; other individuals must obtain legally valid consent from their parents or guardians for every piece of information provided. Personal data may only be used for the purpose for which it was obtained, and the provider is committed to handling the obtained personal data in accordance with the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 163/22, hereinafter ZVOP-2).

 

 

Obligation of the Provider

 

The provider commits to always provide the following information to each customer in the online store:

 

• the company name, registered office, registration number, and tax number,
• contact details of the company (telephone, email),
• essential characteristics of goods and services and availability of items,
• delivery terms and conditions for the execution of services,
• clearly and unambiguously stated prices,
• payment and delivery methods,
• the validity period of the offer and the deadline within which it is possible to withdraw from the contract, as well as the conditions for withdrawal from the contract,
• explanation of the complaint or appeal procedure.

 

The delivery time, stock availability, and sales price of items are visible in the online store for each specific item.

 

The provider is not responsible for the content of opinions about items written by visitors. The provider reviews opinions before publication and rejects those containing obvious falsehoods, that are misleading, or offensive. The provider is not responsible for the information in opinions and disclaims any liability arising from the information in opinions.

 

 

 User of the Online Store

 

Registered users and non-registered users (hereinafter collectively referred to as users) commit to using the online store fairly, diligently, and in the spirit of fair business cooperation.

 

A registered user may submit an opinion or rating of items from the online store in the designated online space on the provider's website. User opinions or comments and product ratings written by customers are part of the store's functionality intended for the user community. The provider allows any registered user of the store to write an opinion, which the provider reviews before final publication. The provider will not publish opinions or contributions that are in any way offensive or, in the provider's opinion, do not provide benefits to other users and visitors.

 

By submitting an opinion or comment, the user explicitly agrees to the terms of use and allows the provider to publish part or the entire text in all electronic and other media. The provider has the right to use the content indefinitely and for any purpose in the provider's business interest, including publication in advertisements or other marketing communications. The author of the opinion simultaneously declares and warrants that they are the owner of the material and moral copyright for the written opinions and comments and that these rights are exclusively and indefinitely transferred to the provider.

 

 

 

Product Offering and Payment Method

 

Due to the nature of business conducted over the internet, the offerings of the online store are frequently and rapidly updated and changed.

 

Prices are presented as regular prices. Regular prices are the suggested retail prices of the manufacturer or importer or prices determined by the provider itself. The provider clearly labels whether the specified price includes value-added tax or not. Prices apply for purchases made online in the case of payment in cash or by card upon receipt of products, payment by offer (bank transfer) or by credit card (Visa, Mastercard, Diners,...).

 

The online store offers the following payment methods:

 

• in cash, by payment or credit card upon receipt (via a mobile POS terminal),
• by bank transfer to the account of the online store manager UTG Vodnik d.o.o. (based on pro forma invoice or offer),
• online payment by credit card (Visa, Mastercard, Diners,...).

 

The sales contract between the provider and the customer is concluded at the moment when the customer sends the first electronic message regarding the status of their order (order confirmation via the website). From this moment on, all prices and other terms are fixed and apply to both the seller and the buyer. The sales contract (i.e., the order status confirmation) is stored in electronic form on the seller's server. The customer receives an order confirmation via email along with an attachment detailing the order content or the concluded contract. In this way, the customer can also access the contract later - electronically via email or physically if they print the contract.

 

The provider issues an invoice to the customer on a durable medium (physically or electronically).

 

 

Purchase Process

 

The selected item in the correct color and size is added to the cart by the customer clicking the "ADD TO CART" button. To continue shopping, the customer selects the "Hide Cart" button, and to finalize the purchase, the customer selects the "Checkout" button. By selecting the latter, the customer is redirected to the cart review page, where they can correct the desired quantity of the selected item, remove the product, or write a note in the "Product Note" field. To continue with the purchase, the customer clicks on the "Continue" button, where they need to select a payment method and a method for delivery or pickup of the goods. The customer also enters the contact details of the physical or legal entity for delivery and invoicing.
After selecting the payment and delivery method and entering contact details, the customer selects the "Continue" button at the bottom of the page. The customer is redirected to the next page, where they can review all the order details again, including products and delivery information. The customer must check the box "I agree to the general terms and conditions of the company" before confirming the order. By clicking on the phrase “general terms and conditions of the company,” the customer will see the general terms and conditions of the company. Once the customer has checked all the details, indicated that they agree with the general terms and conditions of the company, and would like to finalize the order, at the bottom of the page they select the "Order with payment obligation" button or, in the case of payment by credit card, the "Credit Card Payment" button, thus completing the purchase. When paying by credit card, valid details must be entered for a successful transaction. The transaction is approved by the provider once the goods are prepared for the customer.

 

The customer then receives a notification via email that the order has been accepted. The email attachment also contains all order details in .pdf format. The customer can thus access all purchase data later. Within one hour, the customer has the option to cancel the order, which they can do in writing by emailing the provider at (info@utg-vodnik.si) or orally over the phone (01 724 82 58).

 

The provider will prepare and ship the goods within the agreed timeframe, notifying the customer via email. At this moment, it is considered that the goods have been dispatched. The dispatch period for the provider begins if the payment is received by 12 PM on the same working day; otherwise, it starts on the next working day after receiving the payment.

 

The provider and the customer can also agree on personal pickup of the ordered goods at the provider's location. For such a pickup, the customer and provider must agree before the customer places the order or at the time of the online purchase.

 

The provider concludes sales contracts in the online store only with individuals who are fully capable of legal transactions.

 

Refusal of Purchase

 

The provider sells goods to all consumers under the same conditions. The provider, while respecting the fundamental principles of equal treatment of consumers and non-discrimination among consumers, reserves the right to refuse the purchase to consumers who evidently abuse the rights conferred upon them by the Consumer Protection Act, especially in the following cases:

1. The same consumer, as evident from their contact details (name and surname, delivery address, or email address), reorders the same item that they have previously ordered in the last 24 months and has exercised the right to withdraw from the purchase without providing a justified reason for withdrawal (e.g., the return of goods due to defects).
2. The same consumer, as evident from their contact details (name and surname, delivery address or email address), has exercised the right to withdraw from the purchase at least three times for different or the same items in the last 24 months without providing a justified reason for withdrawal (e.g., the return of goods due to defects).

 

The above represents only examples of consumer rights abuse, which are not necessarily the only possible abuses of consumer rights. The provider reserves the right to refuse purchases also in other cases where it is evident from the actions of the consumer or a group of consumers that they are abusing their rights conferred upon them by the Consumer Protection Act, thereby causing harm to the provider.

 

 

Right of Withdrawal from Purchase, Return of Goods

 

In contracts concluded remotely or outside of business premises, the consumer has the right to notify the company within 14 days that they withdraw from the contract without having to state the reason for their decision. The consumer is responsible for the costs of returning the goods related to the withdrawal.

 

In a sales contract, the withdrawal period from the previous paragraph begins to run from the day when:

1.       the consumer or a third party, who is not the carrier and is designated by the consumer, takes actual possession of the goods;

2.       the consumer or a third party, who is not the carrier and is designated by the consumer, takes actual possession of the last item of goods if the object of the contract consists of multiple items of goods ordered in one order;

3.       the consumer or a third party, who is not the carrier and is designated by the consumer, takes actual possession of the last shipment or item of goods if the delivery of goods consists of multiple shipments or items;

4.       the consumer or a third party, who is not the carrier and is designated by the consumer, takes actual possession of the first item of goods if the delivery of goods is regular over a specified period.

 

The consumer does not have the right to withdraw from the contract in the following cases:

1.       for goods whose price is dependent on fluctuations in the markets which the company cannot influence and which may occur during the withdrawal period;

2.       for goods made according to the consumer's specifications or tailored to their personal needs;

3.       for goods that are perishable or that quickly expire;

4.       for the supply of sealed goods that are not suitable for return for health or hygiene reasons if the consumer has unsealed the item after delivery;

5.       for the supply of goods that by their nature are inseparably mixed with other items.

 

 

The notice of withdrawal can be submitted by the consumer to the company using the form from the Regulation on Forms for Information on Time-Share Contracts, Long-Term Holiday Products, Further Sales, and Exchanges, and the Withdrawal Form (Official Gazette of RS, No. 143/22) or with an unequivocal statement clearly indicating that they withdraw from the contract.

 

The regulation and form are available at this link: http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV14817

 

The consumer is considered to have submitted the withdrawal statement on time if they send it within the period set for withdrawal from the contract.

 

The burden of proof regarding the assertion of the right of withdrawal lies with the consumer.

 

The consumer is responsible for the reduction in the value of the goods if the reduction in value stems from actions that are not necessary to ascertain the nature, characteristics, and functioning of the goods. The received goods must be returned undamaged and in unchanged quantity, unless the goods were destroyed, damaged, lost, or their quantity decreased without the consumer being at fault.

 

In the event of withdrawal from the contract, the company will immediately or no later than 14 days after receiving the notification of withdrawal from the contract return all received payments.

 

The company will return the received payments to the consumer using the same payment method as the consumer used, unless the consumer has expressly requested the use of another payment method and the consumer does not incur any costs as a result.

 

The consumer cannot demand reimbursement of additional costs incurred if they expressly opted for a different type of delivery than the cheapest standard delivery offered by the company.

 

In sales contracts, the company may withhold the return of received payments until the returned goods are received or until the consumer provides proof that they have returned the goods, unless the company offers to collect the returned goods themselves.

 

If, in a contract concluded outside of business premises, goods are delivered to the home upon conclusion of the contract, the company will collect the goods at its own expense if due to the nature of the goods it is generally not possible to return such goods by mail.

 

Delivery of Goods

 

The provider will deliver the goods or perform the service within the agreed timeframe. The provider usually charges the customer for delivery costs, informing them in advance about the amount of delivery costs. If the provider bears the delivery costs, they will inform the customer promptly (at the latest at the time of order submission).

 

The contractual partner for the delivery of shipments is Pošta Slovenije; however, the provider reserves the right to choose another delivery service if this allows for a more efficient fulfillment of the order. The delivery cost through the contractual partner for ordered goods up to €100 is €5, while delivery for ordered goods over €100 is free of charge. 

 

If the product ordered by the customer is out of stock, the provider will notify the customer as soon as possible and arrange with them for a possible alternate order or inform them of a potentially longer delivery time.

 

If the customer and provider agree beforehand, the customer may pick up the goods themselves at the company's location. The customer and provider must agree on this at the latest when placing the order.

 

The provider will ship the goods after receiving payment from the customer, except in the case of cash on delivery. The provider is not in default of delivery if the customer is late with payment. In this case, the provider has the right to extend the delivery time of the goods until the customer pays for the ordered goods. Once the provider receives payment, they must immediately ship the ordered goods to the customer.

 

Defective Goods

 

A defect is material:

1.     if the item does not have the properties necessary for its normal use or for sale;

2.     if the item does not have properties necessary for specific use for which the consumer is purchasing it, which was known to the seller or should have been known to them;

3.     if the item does not have properties and qualities that were expressly or tacitly agreed upon or prescribed;

4.     if the seller delivered an item that does not match the sample or model, unless the sample or model was exhibited solely for informational purposes.

 

The appropriateness of the goods for normal use is assessed based on the usual goods of the same type and considering any seller's statements about the characteristics of the goods made by the seller or the manufacturer, particularly in advertising, product presentation, or indications on the goods themselves.

 

Liability for material defects is governed by the provisions of the law regulating obligations if the Consumer Protection Act does not specify otherwise.

 

The consumer may assert their rights related to material defects if they notify the seller of the defect within two months from the day the defect was discovered. The consumer must describe the defect in detail in the defect notification and allow the seller to inspect the item. The consumer can notify the seller of the defect in person, for which the seller must issue a receipt, or send it to the store where the item was purchased, or to the seller’s representative with whom they concluded the contract.

 

The seller is not liable for material defects in goods that appear after two years have passed since the item was delivered. If the subject of the contract between the seller and consumer is a used item, the seller is not liable for material defects in goods that appear after one year has passed since the item was delivered.

 

It is assumed that the defect existed at the time of delivery if it appears within six months of delivery.

 

A consumer who has properly notified the seller of the defect has the right to demand that the seller:

-       rectify the defect in the goods or

-        refund part of the paid amount in proportion to the defect or

-       replace the defective goods with new flawless goods or

-       return the paid amount.

 

Claims, Appeals, and Disputes

 

The provider respects the valid legislation on consumer protection. In the event of a dispute, the provider will designate a person with whom the customer can communicate. Complaints or claims are accepted by the provider at the email address info@utg-vodnik.si, and the customer can also contact the provider by phone. The complaint handling process is confidential. The provider commits to try to resolve every dispute amicably and in accordance with consumer legislation.

 

Any disputes between the parties arising from or related to the online store will be resolved amicably; otherwise, the parties agree that the dispute will be settled by the competent court in Ljubljana.

 

Extrajudicial Resolution of Consumer Disputes

 

In accordance with legal regulations, the provider does not recognize any extrajudicial resolution provider as competent for resolving a consumer dispute that a consumer could initiate in accordance with the Consumer Dispute Resolution Act.

 

The provider offers an online store in the territory of the Republic of Slovenia, thus publishing an electronic link to the online platform for resolving consumer disputes (SRPS) on its website.

 

The platform is available to consumers here:

 

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

 

The stated arrangement arises from the Consumer Dispute Resolution Act, Regulation (EU) No. 524/2013 of the European Parliament and Council on online resolution of consumer disputes, and amendments to Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.

 

Domžale, May 2023