TERMS AND CONDITIONS AND PRIVACY POLICY

1. General

The General Terms and Conditions are compiled in accordance with regulations in the field of consumer protection, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for online and electronic business. The SMREKOVIT.SI online store (hereinafter referred to as the "online store") is operated by the company Smrekovit, Matic Konc sp  (hereinafter referred to as the “Merchant”).

By registering in the online store, the visitor obtains a username that is the same as his e-mail address and a user password that the system assigns to the user upon registration. The username and password of the user are unambiguously determined and linked to the entered data. By registering, the visitor confirms and guarantees that he / she is an adult, with full legal capacity. By registering, the visitor becomes a user and acquires the right to purchase. The visitor can make a purchase in the online store without registering a user account. In this case, the visitor makes the purchase as a guest, and by completing the order (placing the order) guarantees that he is an adult, fully capable person. By purchasing the product, the user or. the visitor becomes a customer.

These General Terms and Conditions define the operation of the online store, the rights and duties of the visitor, user and customer and the business relationship between the Merchant and the user or. visitors as buyers of products from the online store offer.

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2. Availability of information

The trader undertakes to always have at his disposal:

• information on the identity of the Merchant (especially the company name and registered office of the company and the register number where the company is registered);

• contact details that enable the user to communicate quickly and efficiently with the Merchant (e-mail address, telephone, etc.);

• information on the essential characteristics of the products or online store services, including after-sales services and warranties;

• information on product availability or online store services;

• method and conditions of delivery of products or execution of services, in particular the place and time of delivery;

• information on the method of payment;

• information on the time validity of the offer from the online store;

• information on the period during which it is still possible to withdraw from the contract and the conditions for withdrawal;

• information on the possibility of returning the products and if and how much such a return costs the user;

• information on the procedure with the user's complaint and data on the contact person of the Merchant for contacts with users.

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3. Product offer, delivery time and acceptance

Due to the nature of online business, the offer of products in the online store changes and updates frequently and quickly.

The delivery time for products in stock is 7 working days for delivery addresses in Slovenia, unless the contractual delivery person delivers to an individual delivery address later (see point 11). Postage costs are included in the final price in the online store!

4. Methods of payment

The merchant provides the user with the following methods of payment for the purchase of products from the online store:

• Cash on delivery is only possible for Slovenia and Croatia

• Payment by proforma invoice is only possible in Euros. We do not accept prepayments in foreign currencies. To pay by proforma invoice, you must send us an e-mail with the subject "prepayment of the order" directly after the order. Payment is made to the merchant's bank account, with the information you receive automatically. When the payment is made, the merchant sends the ordered items to the delivery address entered by the buyer in the form at the end of the order. 

• Payment by credit card or online wallet is possible through various online providers. We reserve the right to change the selection of bidders.

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5. Prices

The online price is valid for all registered users of the Merchant's online store. 

All prices in the online store are stated in euros and include VAT, unless explicitly stated otherwise. All prices in the online store are product prices and do not include delivery costs (see points 3 and 11). All prices are valid only for electronic ordering of products through the online store.

All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed each time. Despite the extraordinary efforts of the Merchant to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In the case from the previous sentence and in the event that the price of the product changes during the processing of the order, ie from the moment of placing the order until the confirmation of the order, the Merchant will:

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

6. Purchase process

6.1. Technical steps leading to the conclusion of a sales contract

The following technical steps are available to the user (buyer) in the purchase process:

• login to the online store using an e-mail address or user password, if the user (customer) has previously created a user account (see also point 1);

• search for an individual product in the offer of products in the online store;

• product selection to purchase;

• adding the selected product for purchase to the shopping cart;

• determining the quantity of the product to be purchased in the shopping cart;

• review of the price of the selected product in the selected quantity, including the tax charged, if any;

• selection of the method of delivery of the product (see also points 3 and 11);

• choice of payment method (see also point 4);

• review of the order with the selected method of delivery of the product and the charged delivery costs, if any, and

• confirmation and award of the order and thus the completion of the purchase (see also points 6.3. and 6.4.).

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6.2. Technological means that enable the identification and correction of errors before placing an order

Before placing an order, the user (buyer) through the graphical user interface is enabled to with immediate effect, easily and without problems:

• sees and reviews which products he has selected and added to the shopping cart;

• sees and reviews the price of an individual product and the total price of the entire selected quantity of an individual product;

• changes the selected quantity of an individual product and calculates the new price of the quantity thus changed;

• removes selected products it does not want to buy from the shopping cart, and

• calculates the corresponding tax, according to the tax rate applicable to the selected product and its price (tax base).

Before confirming the order, the user (buyer) via the graphical user interface is enabled to with immediate effect, easily and without problems:

• changes the selected method of product delivery;

• changes the selected payment method, and

• reviews and approves individual changes.

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6.3. Order accepted

After placing the order, the user (buyer) receives a notification from the Merchant by e-mail that the order has been accepted. Within 1 hour of receiving this notification, the user (buyer) has the option to cancel the order without consequences. Except for the possibility of cancellation, the user (buyer) cannot change the content of the order after placing the order. The user (buyer) always has comprehensive information on the status and content of an individual order in his profile on the Merchant's website.

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6.4. Order confirmed
If the user (buyer) does not cancel the order, the order goes into further processing. Upon receipt, the trader reviews the order, checks the availability of the ordered products and confirms the order or rejects it with a reason. The trader may also contact the user (buyer) by telephone at the communicated contact telephone number to verify the data or ensure the accuracy of the delivery. The purchase contract on the purchase of the ordered products between the user (buyer) and the Merchant is irrevocably concluded at this stage (see point 7).

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6.5. Slightly shipped
The trader prepares, sends the ordered products within the agreed deadline and notifies the user (buyer) by e-mail. In the e-mail from the previous sentence, the Merchant also informs the user (buyer) about the product return policy and informs him of the contact persons in case of a complaint or delay in delivery.

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7. Purchase contract

The merchant issues an invoice in writing to the user (buyer) who buys the product from the online store, with a breakdown of costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible. The sales contract in the form of a purchase order (ie information on ordered products, additional postage costs, invoice address and delivery address, contact details, order date, total payment amount and order number) is stored electronically on the Merchant's server and is accessible to the user (buyer) at any time in his user profile. The sales contract is concluded in the Slovenian language.

The purchase contract between the Merchant and the user (buyer) is concluded at the moment when the Merchant confirms the order (see point 6.4.). From this moment on, all prices and other conditions of purchase are fixed and apply to both the Merchant and the user (buyer).

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8. Warranty

Products have a warranty if stated on the invoice or warranty card. The warranty is valid subject to the instructions and conditions stated on the warranty card and upon submission of the invoice. The warranty period is stated on the warranty card or on the invoice. Warranty information is also provided when presenting the product in the online store. If there is no warranty information in the online store, then the product does not have a warranty.

The user (buyer) can claim the warranty from the Merchant or directly from the manufacturer of the product or its authorized service. The warranty can be claimed by the customer with a warranty card and invoice. Manufacturer or. his authorized service center is obliged to perform warranty repair within 45 days from the day of receipt of the product for repair, otherwise replace the product with another, equivalent product in perfect condition.

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9. Actual error

The User (Buyer) may exercise his rights arising from a material defect if he notifies the Merchant of the defect within two months from the day when the defect was discovered. The user (buyer) must describe the error in detail in the error notification and allow the Merchant to inspect the item.

The trader shall not be liable for material defects in the goods which appear after two years have elapsed since the thing was delivered. A defect in things shall be deemed to have existed at the time of extradition if it occurs within six months of extradition.

The User (Buyer) who has correctly notified the Merchant of the defect has the right to require the Merchant to: rectify the defect on the goods or return part of the amount paid in proportion to the defect or replace the defective goods with a new faultless one or return the paid amount.
When is the error real? Staff:

• the item does not have the properties necessary for its normal use or for marketing

• the item does not have the properties necessary for the special use for which the user (buyer) buys it, but which was known to the Merchant or should be known to him

• the item does not have properties and qualities that have been explicitly or tacitly agreed or prescribed

• the Merchant has delivered an item that does not match the pattern or model, unless the pattern or model was shown for notification only.

How is the suitability of an item checked?
It is checked with another, faultless item of the same type, as well as with the manufacturer's statements or statements on the item itself.

How does a real mistake materialize?
The buyer must inform us of any material defect together with a detailed description of it within the legally prescribed period and at the same time allow us to inspect the item. To claim a material error, write us an e-mail at info@smrekovit.si . It is not necessary to fill in the forms.

The right to claim a material defect in an article is regulated in more detail by the provisions of the Consumer Protection Act.

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10. Delivery

The trader will deliver the ordered products to the user (buyer) within the agreed time.  The trader reserves the right to choose the delivery service if it will be able to fulfill the order more efficiently.

The buyer covers the postage himself if the purchase amount is less than € 50, otherwise the shipping costs are FREE.  

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11. Security

The merchant uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments.

The user is also responsible for security by ensuring the security of his username and password and the appropriate software and anti-virus protection of his computer.

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12. Child protection

A merchant in an online store does not accept orders from someone he knows or suspects to be a child without the express permission of his parents or guardians. The retailer in the online store does not offer free access to products or services that are harmful to children.

The trader will not accept any personal data concerning children without the express permission of parents or guardians, nor will he disclose data received from children to third parties other than parents or guardians.

Any communication aimed at children will be appropriate to their age and will not take advantage of children’s trust, lack of experience or sense of loyalty.

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13. Liability

The Merchant makes every effort to ensure that the information published in its online store is up-to-date and correct, but product characteristics, delivery time or price may change so quickly that the Merchant fails to correct the information published in the online store in a timely manner. In such a case, the Merchant will notify the user (buyer) of the changes and allow him to withdraw from the order or change the order (see point 5).

Although the Merchant strives to provide accurate photographs of products sold in the online store, all photographs should be taken as symbolic. The photos do not guarantee the properties of the product.

From the moment of delivery of the shipment with the ordered products to the delivery partner, the trader is not liable for cases of physical damage, destruction or loss of the shipment, as well as if there is a lack of content in the shipment or if the shipment shows signs of opening. Nevertheless, in these cases, contact us and we will resolve the matter quickly and without unnecessary paperwork and send you replacement products.

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14. Complaints, disputes and application of the law

The trader complies with the applicable regulations in the field of consumer protection. The trader has an effective complaint handling system in place and has a designated person with whom the user (customer) can contact by phone or email in the event of a problem. In case of problems, the user (buyer) can turn to one of our contacts for help . The appeal procedure is confidential.

The trader will confirm within five working days that he has received the complaint and inform the user (buyer) how long he will process it and keep him informed about the progress of the procedure. The trader will do his best to resolve any disputes amicably. If an amicable settlement of the dispute is not reached, the exclusive district court in Ljubljana is competent to resolve all disputes between the Merchant and the user (buyer). The trader and the user (buyer) as a participant in electronic commerce mutually recognize the validity of electronic messages in court.

These General Terms and Conditions and all disputes between the Merchant and the user (buyer) are subject to and apply Slovenian substantive and procedural law, without the application of the rules of private international law, which would indicate the application of any other law.

The provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis to all relationships and to rights and obligations not regulated by these General Terms and Conditions.

Out-of-court settlement of consumer disputes
The trader does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act. In accordance with legal norms,  

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15. Changes to the General Terms and Conditions

In the event of changes in the regulations governing the operation of online stores, data protection and other areas related to the operation of the Merchant's online store, and in the event of changes in its own business policy, the Merchant may change and / or supplement these General Terms and Conditions. inform users in an appropriate way, including information through this website. Any changes and / or amendments to the General Terms and Conditions shall enter into force and apply upon the expiration of eight days from the publication of the changes and / or amendments. If the change and / or amendment of the General Terms and Conditions is necessary for the purpose of harmonization with the regulations, exceptionally these changes and / or amendments may enter into force and apply in a shorter period of time.

The user who does not agree with the changes and / or amendments to these General Terms and Conditions must cancel his registration within eight days of the publication of the notice of changes and / or amendments to the General Terms and Conditions, otherwise it is considered after the expiration of this period. that the user accepts changes and / or amendments to the General Terms and Conditions. The cancellation of the registration is done by the user notifying the Merchant of the cancellation in a written statement.