GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS, SERVICES and DIGITAL CONTENT
GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF GOODS, SERVICES and DIGITAL CONTENT
In force: as of 23 February 2023
- General
(1) The General Terms and Conditions for the Purchase of Goods, Services and Digital content (the "Terms & Conditions") provide the terms and conditions regarding the sale of goods, services and digital content that is being carried out by Oralie, storitve, d.o.o., Novi trg 32a, 1241 Kamnik, Slovenia (the "Company") via its online shop at www.tjasadorelay.com (the "Online shop").
(2) The Company advises a user to read these Terms & Conditions carefully before making an online purchase. By using the Online shop, a user is considered to have agreed to the Terms & Conditions. A user expresses their consent to these Terms & Conditions by clicking to confirm in the checkout process. If a user fails to do that, the Online shop purchase cannot be completed.
(3) The Terms & Conditions may be amended. The version of the Terms & Conditions currently in force is always published on the Website. It is user’s responsibility to read the Terms & Conditions before each online purchase as the Terms & Conditions may have changed since the previous purchase. A user is bound by the Terms & Conditions in force at the time of the conclusion of the contract.
(4) The Company advises the user to print out these Terms & Conditions or save them on a suitable durable medium before or at the latest upon the conclusion of a contract for the purchase of goods, services or digital content.
(5) The Terms of Use of the Website www.tjasadorelay.com are an integral part of these Terms & Conditions.
(6) In the event that the Company supplies digital content with particular goods and/or services, the provisions of these Terms & Conditions regarding goods and services shall apply to such goods and/or services (i.e. goods and services with digital content), unless expressly provided otherwise.
2. Definitions of terms
(1) Company shall mean company Oralie, storitve, d.o.o., Novi trg 32A, 1241 Kamnik, which manages online shop at www.tjasadorelay.com.
(2) User shall mean any person using the Company's website and online shop on website www.tjasadorelay.com. A User shall be considered a buyer when a contract for the purchase of goods, services or a contract for the supply of digital content is concluded.
(3) Registered User shall mean any user who by registering on the website www.tjasadorelay.com creates their user account.
(4) Buyer shall mean any person who concludes a contract for the purchase of goods or services or a contract for the supply of digital content with the Company via online shop on the website www.tjasadorelay.com.
(5) Online shop shall mean the information system of company Oralie d.o.o., which operates on the website www.tjasadorelay.com and is intended for distance marketing and sale of goods, services and digital content to users.
(6) Website shall mean www.tjasadorelay.com.
(7) Terms & Conditions govern the rights and obligations of the Company and the Buyer in relation to the sale and purchase of goods, services and digital content via the Online shop.
(8) Goods shall mean products presented and sold in the Online shop.
(9) Services shall mean live events, on-line events and service Celestial Channeling Individual session with Tjaša Dorelay presented and sold in the Online shop.
(10) Digital content shall mean online programmes which, in addition to text, contain audio and video recordings, live and online events recordings and meditation collections presented and sold in the Online shop.
(11) Subscription Digital content shall mean any Digital content which is accessible to the Registered user during the period for which a subscription fee is paid.
(12) Meditation room contains meditation collections offered by the Company as a Subscription Digital content. Meditation room offers three access levels. A higher access level provides the Buyer also access to meditation collections available at lower access levels.
(13) Digital environment shall mean hardware, software and any network connection used by the Buyer to access or make use of Digital content.
(14) Order confirmation shall mean an e-mail addressed to the Buyer by which the Company confirms a receipt of Buyer's order. A contract for the purchase of Goods, Services or Digital content shall be deemed concluded when the Buyer receives an e-mail from the Company confirming the Buyer's order.
(15) Force Majeure shall mean events beyond the Company’s control, in particular (i) major natural disasters in the area of the Company's headquarters and/or its business unit with a direct impact on its working process (fires, earthquakes, floods, storms, etc.); (ii) catastrophic accidents involving hazardous or explosive substances in the area of the Company's headquarters and/or its business unit with a direct impact on its working process; (iii) declaration of war or state of emergency in the area of the Company's headquarters and/or its business unit; (iv) declared epidemic or pandemic of a contagious disease in the area of the Company's headquarters and/or its business unit which threatens lives of a large number of people that is related to measures adopted by administrative and other official authorities directly affecting the Company's working process.
3. Company’s information and business operations
(1) Company’s identity card
| Full company name | Oralie, storitve, d.o.o. |
| Short company name | Oralie d.o.o. |
| Registered office | Kamnik, Slovenija |
| Business address | Novi trg 32A, 1241 Kamnik, Slovenija |
| Address where the company actually operates | Šlandrova ulica 2, 1231 Ljubljana – Črnuče,
Slovenija |
| Registration number | 9190791000 |
| Tax number | 38097290 |
| VAT identification number | SI38097290 |
| Share capital | 7.500 EUR |
| Telephone number | + 386 70 766 667 |
| info@tjasadorelay.com | |
| Website | www.tjasadorelay.com |
(2) In the event that the User contacts the Company via phone, e-mail or any other communication channel, the User shall be charged only the basic price for communication services charged by the operators.
4. Purchase in the Online shop
(1) A purchase in the Online shop is possible for Users who, when placing an order, provide all the information necessary for a conclusion and performance of a contract and expressly accept the Terms & Conditions.
(2) The Buyer must have full capacity to contract.
(3) The Buyer can make a purchase as an anonymous User or as a Registered User. A purchase of Service “On-line Event” and purchase of Digital content is available only to Registered Users.
(4) The procedures for User’s registration, modification of the Registered User's data and deletion of the User's account are regulated in the Terms of Use of the Website www.tjasadorelay.com.
5. Conclusion of the contract
(1) The information set out in the Terms & Conditions, and the information contained in the Online shop constitute an invitation to submit offer for the purchase of Goods, Services or the supply of Digital content. A contract for the purchase of Goods, Services or Digital content is concluded when the User submits an order and receives a Company’s e-mail, confirming that the Company has received their order ("Order Confirmation"). The Order Confirmation, together with the applicable Terms & Conditions, constitute the confirmation of the contract concluded.
(2) To place an order, the Buyer shall follow the purchase procedure in the Online shop. Once the Buyer has provided all the information required for a conclusion and performance of a contract for the sale of Goods, the performance of Services or the supply of Digital content, and has made all the statements required for a valid conclusion of the sales contract, the Buyer shall click the "Pay Now" or "Order with Payment Obligation" button, depending on the payment method chosen, to send the order.
(3) The Buyer is responsible for the truthfulness and accuracy of the information provided in their order.
(4) The contract for the purchase of Goods, Services or for the supply of Digital content consists of the Buyer's order, the Company’s Order Confirmation and the applicable Terms & Conditions as published on the Website on the date of contract conclusion.
(5) The Company shall send the Buyer the Order Confirmation, the applicable Terms & Conditions and the invoice.
6. Goods, Services and Digital content
(1) The description and key features of Goods, Services and Digital content are indicated for each of the Goods, Services or Digital content in the Online shop.
(2) The Company shall be entitled to remove any Goods, Services or Digital Content from the Online shop at any time, as well as change key features of Goods, Services or Digital content. The Company shall not be liable to the Buyer, the User or any third party for a removal of any Goods, Services or Digital content from the Online shop or for any change to the key features of any Goods, Services or Digital content in the Online shop.
(3) The possibility to purchase Goods is subject to the availability of Goods and the possibility to purchase Services or Digital content is subject to the available capacity. The Company shall inform Users of the availability of Goods by indicating that the Goods are low on stock or that the Goods are out of stock, with an option of notifying when the Goods are back in stock. The Company shall inform Users of the availability of Services and Digital content by the information about last places or sold-out event and sold-out Digital content respectively.
(4) When purchasing the Service “live event”, the Buyer shall be informed that the event would be photographed and video and audio recorded for the purpose of promotion, Digital content production and for the archive purposes.
(5) Digital content in the form of online programmes shall be available to the Buyer only for a period specified for each online programme in the Online shop. Subscription Digital content shall be available to the Buyer for the entire period for which the Buyer pays a subscription fee.
7. Price
(1) All prices for Goods, Services and Digital content are in Euros and include VAT, unless expressly stated otherwise.
(2) The price of Goods does not include transport, delivery or postal costs. These costs are added to the purchase price and are shown before the order is placed.
(3) The price of Goods does not include a cost of customs duties which may be incurred in the event of delivery of Goods outside the territory of EU Customs Union.
(4) Prices do not have a predetermined validity and can be changed any time. Price changes shall not affect orders for which the Company has already sent the Buyer the Order Confirmation. Should a price change occur between the placing of the order and the Order Confirmation, the Company shall allow the Buyer to terminate the order by reimbursing the purchase price if already paid or shall offer the Buyer a mutually acceptable solution.
(5) Prices are valid in the event of a payment by one of the payment methods provided for in these Terms & Conditions.
8. Payment methods
(1) The Buyer shall pay for Goods, Services and Digital content by one of the following methods:
(i) by payment to the Company's bank account,
(ii) by debit or credit card through the Bankart Payment Gateway, whereby the Buyer may use the following cards as a payment method: BA, Maestro, MasterCard and Visa (the “Payment Card”),
(iii) via PayPal.
(2) The Company shall notify the Buyer if limited payment methods options are available for particular Goods, Services or Digital content.
(3) In order to minimise a risk of unauthorised access to the highest possible level, the Company shall encrypt the data of the Buyer's Payment Card number. Upon receipt of the User's order, the Company shall send a request for pre-authorisation of the User's Payment Card to secure the funds necessary for a completion of the transaction. The Company shall debit the User's Payment Card once the User authorises the online payment, unless otherwise provided in these Terms & Conditions.
(4) The same process concerning the debit shall apply in case the User pays via PayPal.
(5) Payment Cards are subject to verification and authorisation by the card issuer. If the Payment Card issuer does not authorise the payment, the Company shall not conclude a contract with the User. In this case, the Company shall not be liable to the User whatsoever.
9. Invoicing
(1) The Company shall issue an invoice for Goods, Services or Digital content to the Buyer in electronic form. The Company shall send the invoice to the e-mail address provided by the Buyer when placing the order.
10.Delivery terms and the period for delivery of Goods
(1) The Company shall deliver Goods to the delivery address specified by the Buyer in their order. The Buyer shall be responsible for the truthfulness and accuracy of the information on the delivery address.
(2) The period in which the Company ships the purchased Goods depends on the selected payment method. In the event of payment by Payment Card through Bankart Payment Gateway and PayPal, the Company shall ship the purchased Goods no later than 3 (three) business days following the Order Confirmation, while in the event of payment to the Company's bank account no later than 3 (three) business days upon receiving the payment on the Company's bank account.
(3) If the Company does not receive Buyer's payment to the Company's bank account within 10 (ten) working days after the Order Confirmation, the Company shall have the right to terminate the contract. The Company shall notify the Buyer of termination by e-mail. Following the notice of termination, the Company shall not be obligated to deliver Goods and the Buyer shall not be obligated to pay for Goods.
(4) The Company shall deliver Goods through its delivery contracting partners. The Company shall notify the Buyer of the handover of the purchased Goods to the delivery contracting partner. The respective delivery partner shall be responsible for further notifying process regarding the delivery of Goods and alternative options for the delivery of Goods.
(5) If the delivery is not succesfull and the purchased Goods are returned to the Company, the Company shall send the Buyer an e-mail with instructions on further actions to be taken for a redelivery. If the Buyer does not agree to the terms of redelivery or if the Buyer does not respond to this e-mail within 30 days, the Company shall consider the Buyer to have terminated the contract. The Company shall notify the Buyer by an e-mail that the contract is considered terminated. As a result of termination of the contract, the Company shall, within a further 14 days after the e-mail being sent, reimburse to the Buyer all the sums paid under the contract, minus transport, delivery or postal costs.
(6) Although the Company always does its best to perform all contracts for the purchase of Goods, exceptional circumstances may arise (e.g. at the time of Order Confirmation the information system for orders is not synchronised with the information system for the stocks of Goods…) that prevent the Company from being able to deliver Goods even though the Order Confirmation has already been sent to the Buyer. The Company shall notify the Buyer of such exceptional circumstances as soon as it becomes aware of them. In such event, the Company shall be entitled to terminate the contract in whole or in part and shall not be obligated to deliver Goods which were part of the Buyer's order and the subject of the Company's termination. In case the Buyer has already performed a payment, the Company shall reimburse the Buyer all the sums received under the contract. In these circumstances the Company shall not be liable for any damage which the Buyer or any third party may suffer whatsoever in this regard. The Company shall not have the right to terminate the contract if it has already notified the Buyer that it had handed over Goods to the delivery contracting partner.
11. Performance terms and the period for the performance of Services
(1) The Company shall perform Services it offers and sells in its Online shop within the time, at the location and in the manner specified in the description of each Service in the Online shop or in accordance with the agreement.
(2) The Company shall send the Buyer a ticket for live events by e-mail, while for on-line events, the Company shall send the Buyer a web link to the on-line event. The manner of performance of other Services is subject to agreement between the Company and the Buyer.
(3) The period within which the Company sends a ticket for a live event depends on the selected payment method. In the event of payment by Payment Card through Bankart Payment Gateway and PayPal, the Company shall send the ticket no later than 3 (three) business days after the Order Confirmation, while in the event of payment to the Company's bank account no later than 3 (three) business days upon receiving the payment on the Company's bank account. The Company shall send the web link to the on-line event no later than the day before the on-line event is scheduled, provided that the Buyer has paid for the Service.
(4) If the Company does not receive Buyer's payment to the Company's bank account within 10 working days after the Order Confirmation, the Company shall have the right to terminate the contract. The Company shall notify the Buyer of termination by e-mail. Following the notice of termination, the Company shall not be obligated to provide the Buyer with a place at live or on-line event and accordingly the Buyer shall not be obligated to pay for the Services.
(5) The Company reserves the right to revise the content of the programme, the date or the location of the event. In this case, the Buyer shall have the right to terminate the contract within 8 days of the notification of the revised programme, date or location. In this case, the Company shall reimburse the Buyer all the sums received under the contract within 14 days of Buyer’s notification of terminaton of the contract.
(6) In the event of Force Majeure and in the event of a sudden illness of the main performer, the Company reserves the right to cancel the event. The Company shall without delay notify the Buyer of the event cancellation. In this case, the contract shall be deemed to be terminated and the Company shall reimburse to the Buyer all the sums received under the contract within 14 days of notification or within 14 days as the cause of Force majeure ceases.
12. Terms of supply and time of supply of Digital content
12.1 Terms of supply of Digital content
(1) For the supply of Digital content, the Buyer shall register on the Website and thereby create their user account. The Buyer shall access the Digital content through its user account on the Company's Website. The Company provides access to the Digital content only to the Buyer, that holds a user account. The Buyer shall neither transfer nor make available the purchased Digital content to any third party.
(2) The Buyer can only access the purchased Digital content if they enable third party cookies. The Buyer acknowledges that the Company cannot provide the Buyer with access to the purchased Digital content if the Buyer does not enable or accept third party cookies.
12.2 Time of supply of Digital content (not applicable to Subscription Digital content)
(1) The Company shall provide the Buyer with access to the Digital content no later than 3 (three) business days of receipt of payment by activating access to the purchased Digital content in the Buyer's user account. The Company shall notify the Buyer by e-mail of receiving a payment for Digital content and on the time when the purchased Digital content would be made available to the Buyer.
(2) If the Company fails to notify the Buyer of receiving a payment and on the time when the purchased Digital content would be made available to them, the Buyer shall immediately notify the Company that they have not received such notification. If the Buyer has paid the Digital content, the Company shall provide the Buyer with access to the Digital content without undue delay or within a time period expressly agreed between the Company and the Buyer.
(3) If the Company does not provide the Buyer with access to the purchased Digital content even within the additionally agreed period referred to in the preceding paragraph and there are no reasons on the side of the Buyer, the Buyer shall be entitled to terminate the contract for the supply of Digital content.
(4) The Buyer shall be entitled to terminate the contract for the supply of Digital content immediately where:
(i) the Company has declared, or it is equally clear from the circumstance that the Company will not supply the Digital content;
(ii) if the Buyer has notified the Company prior to concluding of the contract that the time specified in the contract for the supply of Digital content or in these Terms & Conditions is essential for the Buyer and the Company fails to make the Digital content available to the Buyer by or at that time.
(5) The Buyer shall exercise their right to terminate the contract by sending an e-mail to the Company stating that they are terminating the contract. In the event of termination of a contract, the Buyer shall have the rights as set out in Article 20.2.2 of these Terms & Conditions.
13.Meditation room (Subscription Digital content)
(1) The Company provides access to the Meditation room in exchange for a subscription fee. (2) The subscription fee is payable in advance. In the order process, the Buyer shall choose between monthly payment of a subscription fee (the "Monthly Subscription") and annual payment of a subscription fee (the "Annual Subscription"). The subscription fee can only be paid by Payment Card or PayPal with recurring payment option.
(3) The Company offers the Buyer free access to the selected Meditation room level in a 5-day trial period. The trial period shall start when the Company enables access to the selected Meditation Room level in the Buyer's account after the Order confirmation. The Company shall notify the Buyer by e-mail that the Buyer has been granted access to the selected Meditation room level. If the Buyer does not cancel their order by the end of the trial period, the Company shall charge the Buyer for the amount of the (Monthly or Annual) subscription fee.
(4) To cancel an order for access to the Meditation room, the Buyer shall select the option "unsubscribe from the Meditation room" in their user account.
(5) The Company shall charge the Buyer the amount for a Monthly subscription fee on a given day of the month without prior notification thereof, until the Buyer's cancellation. Prior to charging the amount for the Annual subscription fee, the Company shall send the Buyer a notification that the period for which the Annual subscription fee has been paid is about to expire and that the Company would debit the Buyer for the Annual subscription fee for the following year unless the Buyer cancels their order for the access to the Meditation room by the end of the period for which the Annual subscription fee has been paid.
(6) If payment by Payment Card or PayPal is rejected, the Company shall notify the Buyer of the unsuccessful payment and invite the Buyer to provide a valid means of payment. If the Buyer fails to do so by the end of the paid subscription period, the Company shall freeze the Buyer's access to the Meditation room. If the Buyer fails to provide a valid means of payment even after 30 days, the contract for the access to the Digital content "Meditation room" shall be terminated. In this case, all obligations of the parties thereunder shall forthwith terminate and the Buyer may regain access to the Meditation Room by making a new purchase of the Digital content "Meditation room".
(7) If the Buyer cancels the order for access to the Meditation room, the Buyer shall retain access to the Meditation room until the end of the period for which the subscription fee has been paid. After the expiry of this period, the Company shall no longer provide the Buyer with access to the Meditation room and the Buyer shall no longer be obligated to pay the subscription fee.
(8) The Buyer may up-grade their access level to the Meditation room at any time during the term of the contract for the supply of Digital content "Meditation room". In this case, the Buyer shall purchase the Digital content "Meditation Room" of a selected higher access level and the Company shall consider the payment for the unexpired period for a lower access level when calculating a subscription fee for the first period of access to an up-graded level of the Meditation room. The Buyer may choose to down-grade their access level to the Meditation room by cancelling the order for Meditation room access in accordance with the preceding paragraph and purchasing a new Meditation room access of a lower level.
(9) The Company offers the Buyer a 5-day free trial period access to the Meditation room only at the first purchase of the Digital content "Meditation room".
14. Continuous supply of Digital content and modifications of Digital content
(1) The Company provides access to the purchased Digital content for the entire period agreed in the contract for the supply of Digital content.
(2) The Company shall not be held liable for the supply of the agreed Digital content in the event of reasons on the side of the Buyer (such as problems in the Buyer's Digital environment), in the event of failure of the electronic communications network, power failure, other failures, defects or technical malfunctions and in the event of Force Majeure.
(3) The Company shall reserve the right to suspend the supply of Digital content in the event of Website maintenance, upgrades to the Website or software replacement. In such cases, the Company shall notify the Buyer in advance of the reason for and the the estimated duration of the suspension of the Digital content supply. In any event, the Company shall do its best to keep the suspension as short as possible. In the event of a suspension of the Digital content supply within the meaning of this clause, the Company shall not be held liable in relation to the Buyer.
(4) Upon conclusion of the contract for the supply of Digital content, the Company shall inform the Buyer of the envisaged modifications to Digital content, which shall be made during the execution of the contract at no additional cost to the Buyer. In the context of changes to the Digital content, the Company reserves the right to remove parts of the Digital content that are no longer relevant and replace them with new parts of the Digital content. In the event of such modifications, the Buyer shall not have the right to terminate the contract for the supply of Digital content.
15. Transfer of risk
(1) All risks in respect of Goods shall pass from the Company to the Buyer as from the date of delivery of Goods to the Buyer or to a third party, other than the carrier, indicated by the Buyer for that purpose.
(2) If Goods are lost or damaged during delivery, the Company shall deliver the Buyer new or undamaged Goods. If the Company no longer has the Goods in stock, it shall offer the Buyer a solution; if this is not acceptable to the Buyer, the Buyer shall have the right to terminate the contract and claim a reimbursement of all the sums paid under the contract.
16. Right of withdrawal from a contract concluded via Online shop
(1) The Buyer shall have the right to withdraw from the contract for the supply of Goods and Digital content concluded via Online shop within 14 (fourteen) days without being required to give any reason for their decision.
(2) The 14-day withdrawal period starts from the date of delivery. In the case of Goods, this shall be the date on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession (i) of the Goods or (ii) of the last Good in the case of multiple Goods ordered by the Buyer in one order and delivered separately or (iii) of the last lot or piece of Goods in the case of delivery of a good consisting of multiple lots or pieces, or (iv) of the first Good in the case of contracts for regular delivery of Goods during defined period of time. In the case of Digital content, this is the date on which the Company makes the Digital content available to the Buyer.
(3) The Buyer shall not have the right to withdraw from a contract for the supply of (i) Goods which have been made to Buyer’s precise instructions or clearly personalised; (ii) Goods which are are liable to deteriorate or expire rapidly; (iii) sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; and (iv) sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
(4) In the case of Services, the Buyer shall not have the right to withdraw from the contract in accordance with this clause.
(5) The Buyer shall exercise the right of withdrawal from the contract by making an unequivocal statement to the Company that they are withdrawing from the contract. For this purpose, the Buyer may use the model withdrawal form, which is as Annex 1 an integral part of these Terms & Conditions, and sends it to the Company either by regular mail or by e-mail. The Buyer timely exercises the right of withdrawal, if they send a communication concerning the exercise of the right of withdrawal before the expiry of the 14-day withdrawal period.
(6) Information concerning the exercise of the Buyer's right of withdrawal is as Annex 2 an integral part of these Terms & Conditions.
17. Effects of withdrawal from a contract concluded via Online shop
(1) In the event of withdrawal from the contract, concluded via Online shop, the Buyer shall send back the Goods to the Company within 14 (fourteen) days as of communication of their decision to withdraw from the contract. The Buyer shall be obligated to send back the Goods in the condition in which they were received, together with all packaging, instructions and other documents, if any, that came with the Goods.
(2) The Buyer shall comply with this obligation in time if they send back the Goods before the expiry of the 14-day period.
(3) The Buyer shall bear the direct costs of sending back the Goods.
(4) The Buyer shall be liable for any diminished value of the Goods if such diminution is caused by handling other than necessary to establish the nature, characteristics and functioning of the Goods. In other words, the Buyer may only exercise the right to withdraw from the contract in respect of Goods which are sent back in the condition in which they were received. The Company shall not reimburse the sums paid for Goods the value of which has been diminished as a result of unnecessary handling to determine the nature, characteristics and functioning of the Goods (e.g. if the product has been used more than once, other than when it was opened).
(5) The Company shall be obligated to reimburse to the Buyer all the sums paid under the contract, including the costs of delivery of the Goods (excluding any supplementary costs incurred as a result of the Buyer's choice of a delivery method other than the least expensive type of standard delivery offered by the Company such as the choice of express delivery). The Company shall carry out the reimbursement using the same means of payment as the Buyer used to pay for the Goods. In the event that the Buyer has not made the payment from their bank account, the Buyer must, along with the statement on the withdrawal from the contract, also provide the Company with their bank account to which they wish to receive the reimbursement. The Buyer shall incur no costs arising from such reimbursement.
(6) The Company reserves the right to withhold the reimbursement of the sums paid until it has received the Goods or until the Buyer has provided a proof of having sent back the Goods.
(7) In the event of withdrawal from the contract for the supply of Digital content, the Company shall immediately prevent the Buyer from accessing to Digital content.
18. Guarantee of conformity of Goods and Buyer's remedies in the event of lack of conformity
(1) The Company guarantees the conformity of Goods delivered and shall be liable for any lack of conformity of Goods existing at the time when Goods were delivered and which becomes apparent within 2 (two) years as of time of delivery. Any lack of conformity of Goods shall be presumed to have existed at the time when the Goods were delivered, if it becomes apparent within a period of one year from the time when Goods were delivered, unless the Company proves otherwise, or the presumption is incompatible with the nature of Goods or the nature of the lack of conformity.
(2) The Buyer shall notify the Company of the lack of conformity of Goods immediately, but no later than within two months of the date on which the Buyer detected such lack of conformity, otherwise the Buyer shall lose their rights under the guarantee for conformity of Goods. In the notification of lack of conformity of Goods, the Buyer shall precisely describe the lack of conformity and may attach to the notification a photo of Goods lacking conformity. In the notification of lack of conformity, the Buyer shall also specify which remedy they exercise. The Buyer shall send the notification of lack of conformity by mail to the Company's address or by e-mail to the Company's e-mail address as set out in the first paragraph of Article 3 of these Terms & Conditions; alternatively, the Buyer may give the notification to the Company in person. In this case, the Company shall issue the Buyer a certificate confirming the notification of a lack of conformity.
(3) At the Company's request, the Buyer shall allow the Company to inspect the Goods regarding which the Buyer invokes a lack of conformity. In the event that the Company disagrees with the Buyer as to the existence of lack of conformity of Goods, the Company shall notify the Buyer within 8 (eight) days after receiving the notification of the lack of conformity of Goods.
(4) In the case of lack of conformity of Goods of which the Buyer notified the Company in due time, the Buyer shall be entitled (i) to have Goods brought into conformity free of charge; (ii) to receive a proportionate reduction in the price; or (iii) to terminate the contract, all subject to the conditions and in order, set out below.
(5) In any event, the Buyer shall also be entitled to claim damages from the Company, in particular reimbursement of costs of material, spare parts, labour, transfer and transport of Goods incurred as a result of the exercise of the remedy for a lack of conformity.
(6) The Buyer shall lose the right to avail of remedies for a lack of conformity and the right to claim damages within two years from the date on which the Buyer notified the Company of a lack of conformity of Goods.
18.1 Remedy to bring the Goods into conformity
(1) In the event of a lack of conformity of Goods, the Buyer shall be entitled to have the Goods brought into conformity free of charge. The Buyer shall be entitled to choose between (i) repair of the Goods and (ii) replacement of the Goods with new, non-defective Goods.
(2) The Company shall bring the Goods into conformity within a reasonable time after the notification of the lack of conformity of the Goods, which shall not exceed 30 days. The Company may extend this period where the nature and complexity of the Goods, the nature and severity of the lack of conformity and the effort required to bring the Goods into conformity so require, but not more than 15 days. In the event that an extension of time is required to bring the Goods into conformity, the Company shall notify the Buyer of the number of days for the extension of time and the reasons for the extension of time before the expiry of the initial time period for bringing the Goods into conformity.
(3) The Buyer shall not have the right to choose between the repair of Goods and replacement of Goods with new, non-defective Goods if:
- it is impossible to execute the chosen remedy, or
- compared to the other remedy, the chosen remedy would impose disproportionate costs on the Company.
In this context, all the circumstances shall be taken into account, in particular the value the Goods would have had if there were no lack of conformity, the significance of the lack of conformity and whether an alternative remedy could be provided without significant inconvenience to the Buyer.
(4) The Company shall be entitled to reject Buyer's claim to bring the Goods into conformity if repair and replacement are impossible or would impose disproportionate costs on the Company, taking into account all the circumstances including those mentioned in the preceeding paragraph.
(5) In the event of repair and replacement of the Goods the Buyer shall make the Goods available to the Company. In the case of replacement of the Goods the Company shall take back the purchased Goods at the Company’s expense. Such costs shall include the cost, if any, of the removal of the non-conforming Goods and the installation of the replacement Goods or repaired Goods or bearing the cost of that removal and new installation.
18.2 Price reduction and termination of the contract
(1) The Buyer shall be entitled to either a proportionate reduction in price or a termination of the contract if:
- the Company has failed to repair or replace the Goods in accordance with these Terms & Conditions or has rejected the Buyer's claim to bring Goods into conformity in accordance with fourth paragraph of Article 18.1 of these Terms & Conditions; or
- a lack of conformity appears despite the Company's attempt to bring the Goods into conformity; or
- the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
- the Company has declared or it is clear from the circumstances that the Company will not bring the Goods into conformity within a reasonable time or without significant inconvenience for the Buyer.
(2) The Buyer may in any event terminate the contract if the lack of conformity of Goods occurs within less than 30 days of delivery of Goods.
(3) The Buyer shall not have the right to terminate the contract in the event that the lack of conformity of Goods is minor. It is on the Company to prove that the lack of conformity of Goods is minor.
18.2.1 Legal consequences of the price reduction
(1) In the case of a remedy for a reduction in price, the reduction in price shall be proportionate to the decrease in the value of the Goods which were supplied to the Buyer compared to the the value that the Goods would have if they were in conformity.
(2) The Company shall reimburse the proportionate part of the price without undue dalay and in any event within 8 (eight) days as of the date on which the Company was notified of Buyer's decision to invoke the right for a price reduction.
18.2.2 Exercise of the right of termination and its legal consequences
(1) The Buyer shall exercise the right to terminate the contract by means of a statement to the Company expressing the decision to terminate the contract. In the case of termination, the Buyer shall send back the Goods to the Company; the costs of sending the Goods back shall be borne by the Company.
(2) In the event of termination of the Contract, the Company shall reimburse to the Buyer all the sums paid immediately, but no later than 8 (eight) days after receipt of the Goods or proof that the Buyer has sent back the Goods.
19. Buyer’s remedies in the case of irregulatites in the performance of Services
(1) In the case of irregularities in the performance of Services, the provisions governing the lack of conformity of the Goods shall apply accordingly.
(2) A Service shall not be deemed to lack conformity if it meets the subjective requirements for conformity of the Service but fails to meet the Buyer's subjective expectations of the Service, including the location, timing and other modalities of a performance of the Service.
(3) Depending on the nature of the Service provided by the Company, in the case of irregularities at the performance of the Services the Buyer shall have the right to:
(i) require the rectification of irregularities of the Service, free of charge, if the nature of the Service so permits; or
(ii) request the Service to be performed again, if and as the nature of the Service so permits; or
(iii) require a reimbursement of a part of the price in proportion to the irregularities in the performance of the Service; or
(iv) terminate the contract and claim reimbursement of the sums paid under the contract.
20. Guarantee of conformity of Digital content and Buyer's remedies in the event of lack of conformity
(1) Considering the nature of Digital content that is subject of these Terms & Conditions, the Company guarantees the compliance of the Digital content throughout the period during which it supplies the Digital content to the Buyer pursuant to the contract for the supply of Digital content; the Company shall be liable for any lack of conformity of the supplied Digital Content. The Company shall ensure that the Buyer is informed of and supplied with updates, including security updates, that are necessary to keep the Digital content in conformity with the contract for the supply of Digital content.
(2) The Company shall not be liable for the conformity of the Digital content if the Buyer's Digital environment is incompatible with the technical requirements for the Digital content that the Company informed the Buyer about prior to the conclusion of the contract for the supply of Digital content. The Company shall inform the Buyer of their duty to co-operate with the Company to the extent reasonably possible and necessary to ascertain whether the cause of the lack of conformity of the Digital content lay the Buyer's Digital environment. If in such circumstances the Buyer fails to cooperate with the Company, the Buyer shall bear the burden of proof with regard to whether the lack of conformity exists. The Company shall not be liable for any lack of conformity of the Digital content resulting solely from the lack of the relevant update, provided that (i) the Company informed the Buyer about the availability of the update and the consequences of the failure of the Buyer to install it; and (ii) the failure of the Buyer to install or the incorrect installation by the Buyer of the update was not due to shortcomings in the installation instructions provided by the Company.
(3) The Buyer is entitled to remedies for a lack of conformity of the Digital content even in the event that the use of the Digital content is prevented or limited by a restriction resulting from a violation of any right of a third party, in particular intellectual property rights.
(4) In the case of a lack of conformity of the Digital content, the Buyer shall be entitled (i) to have the digital content brought into conformity, (ii) to receive a proportionate reduction in the price, or (iii) to terminate the contract, under the conditions set out below.
In any event, the Buyer shall also be entitled to claim damages from the Company, in particular if the supplied Digital content has caused damage to the Buyer's hardware or other digital content and the damage is not caused by the Buyer's act or omission. The general rules on liability for damages shall apply to the damage claim.
(5) The Buyer shall lose their right to avail of remedies for a lack of conformity and the right to claim damages within two years from the date on which the Buyer notified the Company of the lack of conformity of the Digital content.
20.1 Remedy to bring the Digital content into conformity
(1) The Buyer shall be entitled to have the digital content brought into conformity, unless this would be impossible or would impose costs on the Company that would be disproportionate, taking into account all the circumstances of the case, including the value the Digital content would have if there were no lack of conformity and the significance of the lack of conformity.
(2) The Company shall bring the Digital content into conformity within a reasonable time from the time the Buyer has notified the Company about the lack of conformity, free of charge and without any significant inconvenience to the Buyer, taking account of the nature of the Digital content and the purpose for which the Buyer required the Digital content.
20.2 Price reduction or termination of the contract
(1) The Buyer shall be entitled to either a proportionate reduction of the price where the Digital content is supplied in exchange for a payment of a price, or a termination of the contract in any of the following cases:
- the remedy to bring the Digital content into conformity is impossible or disproportionate in accordance with first paragraph of Article 20.1 of these Terms & Conditions; or
- the Company has not brought the Digital content into conformity in accordance with second paragraph of Article 20.1 of these Terms & Conditions; or
- a lack of conformity appears despite the Company's attempt to bring the Digital content into conformity;
- the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
- the Company has declared, or it is clear from the circumstances, that the Company will not bring the Digital content into conformity within a reasonable time, or without significant inconvenience for the Buyer.
(2) The Buyer shall not have the right to terminate the contract for the supply of Digital content, where the Digital content is supplied in exchange for a payment of a price in the event that the lack of conformity of the Digital content is minor. It is on the Company to prove that the lack of conformity of the Digital content is minor.
(3) It shall be deemed that the Digital content was not in conformity since the day, when the Buyer has notified the Company of a lack of conformity.
20.2.1 Legal consequences of the price reduction
(1) In case of a remedy for a reduction in price, the reduction in price shall be proportionate to the decrease in the value of the Digital content which was supplied to the Buyer compared to the value that the Digital content would have if it were in conformity.
(2) Where the contract for the supply of Digital content stipulates that the Digital content shall be supplied over a period of time in exchange for the payment of a price, the reduction in price shall apply to the period of time during which the Digital content was not in conformity.
(3) The Company shall reimburse the proportional part of the price without undue delay and, in any event, within 14 (fourteen) days of the date on which the Company was notified of the Buyer's decision to invoke the right for a price reduction.
(4) The Company shall carry out the reimbursement using the same means of payment as used to pay for the Digital content, unless the Buyer expressly agrees to a different means of payment and the Buyer does not incur any fees as a result of such reimbursement. The Company shall not impose any fee on the Buyer in respect of the reimbusement.
20.2.2 Exercise of the right to termination of the contract and legal consequences
(1) The Buyer shall exercise the right to terminate the contract by means of a statement to the Company expressing the decision to terminate the contract for the supply of Digital content.
(2) In the event of termination of the contract, the Company shall reimburse the Buyer for all sums paid under the contract for the supply of Digital content. However, this does not apply, in cases where the contract provides for the supply of the Digital content in exchange for a payment of a price and over a period of time, and the Digital content had been in conformity for a period of time prior to the termination of the contract. In such cases, the Company shall reimburse the Buyer only for the proportionate part of the price paid corresponding to the period of time during which the Digital content was not in conformity, and any part of the price paid by the Buyer in advance for any period of the contract that would have remained had the contract for the supply of Digital content not been terminated.
(3) The Company shall reimburse the Buyer without undue delay, and, in any event, within 14 (fourteen) days of the date on which the Company was notified of the Buyer's decision terminate the contract for the supply of Digital content.
(4) The Company shall carry out the reimbursement using the same means of payment as used to pay for the Digital content, unless the Buyer expressly agrees to a different means of payment and the Buyer does not incur any fees as a result of such reimbursement. The Company shall not impose any fee on the Buyer in respect of the reimbusement.
(5) After termination of the contract for the supply of Digital content, the Company shall prevent the Buyer any further access to and any further use of the Digital content, in respect of which the Buyer has exercised the right to terminate the contract.
(6) After termination of the contract for the supply of Digital content, the Buyer shall not use the Digital content and shall not make it available to third parties.
21. Partial nullity
(1) If any term of these Terms & Conditions is invalid or unenforceable under any law, regulation, ordinance, order or other legal principle, such term shall be deemed to have been amended or deleted, but only to the extent necessary to comply with such law, regulation, ordinance, order or other legal principle, and the rest of provisions of these Terms & Conditions shall remain in full force and effect.
22. Complaint procedure
(1) The Buyer may submit a complaint to the Company. The contact details are listed in the first paragraph of Article 3 of these Terms & Conditions.
(2) The European Commission provides an online platform for out-of-court dispute resolution. This gives the Buyer the possibility under these Terms & Conditions to resolve their dispute in relation to an online order without the intervention of a court. The out-of-court dispute resolution online platform can be accessed at https://ec.europa.eu/consumers/odr. Unless otherwise provided by applicable law, the Company's participation in out-of-court dispute resolutions with Buyers is voluntary.
23. Governing law and jurisdiction
(1) Contracts between the Company and the Buyer to which these Terms & Conditions apply shall be governed exclusively by the law of the Republic of Slovenia. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
(2) A Buyer that is a consumer and has its habitual residence in the EU enjoys the additional protection provided by the mandatory legal provisions of their country of residence.
(3) If any disputes that may arise from the sale of Goods, Services or Digital content as governed by these Terms & Conditions cannot be resolved amicably, the parties agree that the courts of the Republic of Slovenia shall have jurisdiction.
24. Final provisions
(1) These Terms & Conditions are published on the Website. The same shall apply to any amendments and supplements to these Terms & Conditions.
(2) The obligation to notify of any changes and amendments to these Terms & Conditions shall be deemed to have been fulfilled upon the publication of a new version of the Terms & Conditions on the Website. Amendments to the Terms & Conditions are valid since the date of their publication on the Website.
(3) These Terms & Conditions enter into force on the date of their publication on the Website.
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