GENERAL TERMS AND CONDITIONS OF SALE FOR ON-LINE PURCHASES
1. General information and registration
The website located at www.ski-poles-accessories.com is operated by the company (the seller):
Tehnomat, Kranj, d.o.o.
Jezerska cesta 55
Registered company number: 5519993
VAT identification number : SI94697183
These terms and conditions set out the basis on which the customer can use the website and place orders. By ordering goods from the website customers are deemed to have understood and accepted these terms. Customer is a natural person who acts as a buyer of goods and is not acting in the course of a profession or a business (consumer).
A legally binding contract will be in place when the seller accepts the order and the customer receives the confirmation message „Your order“. Since this moment the prices and all other conditions are determined and binding for both parties.
The customer can place an order on the website:
- by registration or
- as a guest.
Each registered customer allows the use of his/her personal data for the purpose of fulfillment of the order. The personal information the customer provides to the seller (name and address, phone number, email address) is stored securely and confidentially. The seller gathers this information to process the customer´s registration, to process any orders and to provide the goods requested. The relevant information is used to communicate with the customer on any matter relating to any order placed, to the account (if any is opened) and to the provision of the goods in general. The seller takes appropriate technical and organisational measures to protect cusotmer´s personal information against unlawful or unauthorised processing of them. The seller does not have access to the financial information, this information is securely transferred directly to the card processing agents/banks.
Personal datas of non-registered customers are stored by the seller as long as needed for the fulfillment of the order but not longer than 30 days. After that period the datas will be permanently deleted.
Any changes of the relevant data, needed for the execution of the order, has to be comunicated to the seller via e-mail: ....
The customer accepts that electronic communications and backups can serve as proof.
2. Goods and prices
A description of the main characteristics of the goods can be found on the product pages of the website in English language 24/7. Prices for the goods on the website appear on the product pages in euros (€), the applicable VAT is stated separately. Delivery costs are stated separately and are not included in the price of the goods.
Despite the fact that the online catalogue and the e-commerce website were created with the utmost care, it is possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind the seller. In terms of accuracy and completeness of the information provided, the seller is only bound by a best effort obligation. The seller can in no case be held liable for obvious material, typesetting or printing errors. If the customer has specific questions about e.g. dimensions, colour, availability, period or method of delivery, the seller requests the customer to contact the seller in advance. The offer is valid subject to availability of the product and can be changed or revoked by the seller at any time. The seller cannot be held liable for the unavailability of a product. If an offer is of limited duration or subject to conditions, this is explicitly mentioned in the offer.
The invoice will be send to the customer together with the delivery of the goods. The copy of the invoice will be stored in an electronic form at the seller.
Customers placing orders via the website can pay for items as they are ordered by credit card, debit card, PayPal or proforma-invoice.
The seller will do all that he reasonably can to ensure that all of the information the customer gives when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the seller´s part he will not be legally responsible to the customer for any loss that he/she may suffer if a third party gains unauthorised access to any information that the customer gives.
Delivery costs are additional to the displayed price and vary depending on the location the customer selects (see the table beside the order placement). The customer is informed about the delivery charges before the order is placed and payment taken so that he/she has the opportunity to change his/her mind.
Other than on Saturdays, Sundays and public holidays in Slovenia the seller aims to despatch all orders on the next day after the order is placed and payment received. Delivery times depend on the destination of each delivery.
Any visible damage and/or qualitative deficiency of an item or other defect upon delivery should be reported immediately to the seller by the customer. The risk of loss or damage shall pass to the customer at the moment in which he/she (or a third party other than the carrier and indicated by the customer) has acquired material possession of the goods.
This legal warranty is valid as from the date of delivery to the first owner. In order to make a warranty claim, the customer must be able to submit proof of purchase. Customers are recommended to keep the original packaging of the goods. For items purchased online and delivered to the customer’s home, the customer must contact the seller and return the item to him at his own expense. The usual transport cost will be reimbursed to the customer in case if the complaint was justified (on the basis of the enclosed invoice).
The seller shall deliver goods to the customer in accordance with the contract and shall remain responsible for material defects relating to the fulfilment of the contract.
A defect shall be deemed material if:
– the item does not have the characteristics necessary for its regular use or placing in circulation;
– the item does not have the characteristics necessary for the special use for which the buyer
bought it, and this was or should have been known to the seller;
– the item does not have the characteristics and features that were expressly or tacitly agreed upon or prescribed;
– the seller delivered an item that does not match the sample or model, unless the sample or model was only shown for information purposes.
The adequacy of goods for normal use shall be assessed in relation to usual goods of the same kind and by having regard to any declarations of the seller as to the characteristics of goods, provided by the seller or the producer through, in particular, advertising, presentation of the product or indications on the goods.
Customers may exercise their rights resulting from a material defect on the condition that they notify the seller of the defect within two months of the discovery of the defect.
In the notification of a defect the customer shall precisely describe the defect and enable the seller to inspect the item. The customer may use the following form for the notification of a defect - warranty.
The seller shall not be liable for material defects that appear more than two years after the item was received by the customer.
A customer who has informed a seller of a defect in the prescribed manner, shall have the right to request that the seller:
- eliminates the defect in the goods, or
- replaces the defective goods with new flawless goods, or
- reimburses the entire payment.
The consumer's rights shall expire two years from the day the consumer informed the seller of the material defect.
The warranty shall never apply to defects due to accidents, negligence, falls, use of the item for purposes it is not intended for, non-compliance with the user instructions or manual, changes or modifications made to the item, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Insignificant and/or industry-customary deviations in quality, colour, size, etc. may not serve as grounds for a claim.
6. Right of withdrawal/Order cancellation/Reconsideration period
The customer is entitled to withdraw from the agreement within a period of 14 calendar days without indication of reasons. The right of withdrawal ends 14 calendar days after the day on which the customer or a third party other than the carrier and designated by the customer acquires material possession of the goods. In order to exercise the right of withdrawal, the customer needs to inform the seller of his decision to withdraw from the contract, by means of a clear statement in writing sended by email to email@example.com. For this purpose, the customer can use the attached model withdrawal form. To comply with the withdrawal period, the customer needs to send the notification of exercise of his withdrawal right before the end of the withdrawal period. The customer shall return or hand over the goods to the seller immediately, or, in any case, not later than 14 calendar days after the day on which his decision to withdraw from the contract was notified to the seller. The customer is on time if he returns the goods before the end of the period of 14 calendar days.
The customer has a legal duty to keep the goods in his/her possession, to take reasonable care of them and not to use them before he/she returns them to the seller. If the value of the goods is less than it was because the customer has handled them beyond what is necessary (such as to see the nature, characteristics and functioning of the goods) then the seller may charge the customer an appropriate amount and take that amount from what he owes to the customer. This might happen because the customer starts to use the goods. Only returns of items that are in their original packaging, together with all accessories, user manuals and an invoice or proof of purchase will be accepted. Returns should be sent to: Tehnomat, Kranj, d.o.o., Jezerska cesta 55, 4000 Kranj, Slovenia.
If the customer withdraws from the agreement, the seller will reimburse all payments received from the customer up to that moment, including standard costs of delivery (except for the supplementary costs arising if the customer choses a type of delivery other than the least expensive type of standard delivery offered by the seller), to the customer within 14 calendar days after the seller has been informed of the decision of the customer to withdraw from the contract and after the seller receives the goods well returned. The seller will reimburse the customer using the same method of payment the customer used for the initial transaction. Once a refund has been issued the customer will receive a confirmation e-mail detailing the amount that has been refunded and the item(s) the seller has received back.
7. Contact details
If the customer needs to contact the seller for any reason, including additionl information on the
product, he/she may do so by:
– e-mail: ...
– telephone + 386 4 23 51 810 Monday to Friday 9:00am till 5:00pm local time (CET).
8. Copyright information
All imagery used on the website and promotional material including e-mail campaigns and printed adverts are the property of the seller or licensed to him by third party brand owners and may not be reproduced wholly or in part, without the express permission of the seller.
9. Applicable law - Disputes
The present terms and conditions are governed by Slovenian law with the exception of the provisions of international private law regarding applicable law.
The courts of the consumer’s place of residence have jurisdiction in case of legal disputes.
The consumer can also address the ODR platform (https://ec.europa.eu/consumers/odr/main/).