General terms and conditions

The General Terms and Conditions (hereinafter referred to as the General Terms and Conditions) of the company Tadej Kresnik sp (hereinafter referred to as the Company) are an integral part of all contracts between the company and product buyers (hereinafter also referred to as: customers) who do business with Tadej Kresnik.sp.

The provisions of the general terms and conditions also apply to all offers, invoices, preliminary contracts, legal and business statements and other services arising from business between the Company and the customer.

The subject general terms and conditions of business have been drawn up in accordance with the Consumer Protection Act (ZVPot), the General Data Protection Regulation (GDPR), the Personal Data Protection Act in force at any time and the Electronic Communications Act (ZEKom-1). The subject general terms and conditions of business determine the operation of the Company online store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.

Use of terms:
A customer is a natural or legal person who is in a legal business relationship with a company, regardless of its legal or status form.

A consumer is any customer who is a natural person and acquires or uses the Company's goods or services for personal purposes or for purposes outside their professional or gainful activity.

An offer is a uniform term for an offer in various forms, a pro forma invoice or other form of proposal for concluding a contract that a company offers to a customer.

A contract is an agreement in writing concluded between the Company and the customer. An offer or pro forma invoice sent by the Company to the customer and accepted or confirmed by the customer is also considered to be a contract. The general terms and conditions in question are an integral part of each contract.

The subject of the contract is goods from the Company's sales catalog.

The transmission theory applies to informing the customer about the delivery, conclusion, withdrawal or amendment of the contract and all other information. This means that the date of notification to the customer is considered the date on which the Company sends the notification via the communication medium.

All notifications to customers relating to the delivery of the subject of the contract, conclusion or withdrawal from the contract, and other information are provided by the Company via e-mail to the address provided by the customer.

The company also informs via regular mail, telephone or in another manner agreed upon with the customer.

The company undertakes to provide the following information on its website at all times:

• company identity data (company name, registered office, registration and tax number, data on entry in the register with indication of the register and entry number),
• contact information (email address, phone number),
• information about the basic features of products and services (including information about after-sales services and warranties),
• information about product availability,
• delivery conditions (method, location and date of delivery),
• clearly stated prices, including information on additional tax and transport costs,
• payment and delivery methods,
• the validity period of the offer,
• conditions and deadlines for withdrawing from the contract,
• familiarization with the responsibility for factual errors and
• information about the appeals process.

The company undertakes not to set any contractual terms that are unfair to the consumer, in accordance with the provisions of the ZVPot. Unfair contractual terms are null and void.
The Company's working hours are: Monday-Friday: 9am to 5pm; closed Saturday, Sunday and holidays.

Application of general terms and conditions

The general terms and conditions in question take precedence, i.e. they fully replace any missing, different and conflicting contractual provisions between the Company and the customer.

The subject general terms and conditions replace any general terms and conditions and other documents of the customer, unless the Company expressly excludes the application of the subject general terms and conditions in writing.

The general terms and conditions in question constitute an integral part of the contracts concluded between the client and the company. By signing the contract or otherwise entering into a contractual relationship, the client fully agrees with the content of the general terms and conditions in question. The client hereby expressly acknowledges that the company's general terms and conditions apply exclusively to all mutual legal relationships. If the client wishes to do business with the company and enter into contractual relationships with it, he is obliged to accept the general terms and conditions in question in their entirety and in the form in which they are. The client waives the possibility of influencing the content, form and individual contractual provisions of the general terms and conditions.

The general terms and conditions in question apply in addition to general legal regulations as an individual special act.

The general terms and conditions are available at the following link: www.alarvae.com/pogoji_poslovanja. You can also view the general terms and conditions at the company's business address.

By signing a contract or other legal act, the customer is deemed to be fully aware of the content of the general terms and conditions in question. Placing a valid order in the company's online store is also considered to be the signing of the contract.

The general terms and conditions in question are binding on the consumer only if he has been expressly informed of their existence before concluding the contract, pro forma invoice, preliminary contract or offer. The consumer must be aware of all possibilities to familiarize himself with the general terms and conditions in full, in an understandable and accessible manner.

Changes to the general terms and conditions

The company undertakes to publish any changes to the general terms and conditions on the website www.alarvae.com with the date of entry into force of the change.

The General Terms and Conditions are binding in the form and content that was available to the parties on the date of conclusion of the contract.

In the event of any change to the general terms and conditions, the changes become binding on the customer on the day they become aware of them.

The customer is deemed to be aware of the changes at the moment of publication of the change on the website www.alarvae.com and upon receipt of the notification of the change. This means that the customer is deemed to agree to the change of the general terms and conditions.

If the customer declares that they do not agree with the changed terms and conditions, the company has the right to withdraw from the contract.

If an individual provision in the contract or general terms and conditions is invalid or unenforceable, or if a legal void arises, this shall not affect the other provisions in the contract or general terms and conditions, whereby the contracting parties agree that the provision that comes closest to the purpose or goal of the contract shall be used instead of the invalid, unenforceable or non-existent provision.

Conflict of laws provisions

In the event that the general terms and conditions in question conflict with other general terms and conditions of the company, the provision that is more specific in the specific case shall apply.

The Company and the Customer may exclude the application of individual provisions of the General Terms and Conditions if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.

If the general terms and conditions in question conflict with consumer protection regulations, the relevant consumer legislation shall apply in this part.

General provisions

The client is obliged to inform the company of all data and facts that are important for the establishment and continuation of the legal business relationship, with particularly important data on the change of the client's place of residence or registered office, change of the client's ownership structure, change of the client's legal organizational form, the occurrence of a situation indicating the client's insolvency (inability to pay), regardless of whether the legal conditions for the introduction of bankruptcy or compulsory settlement are met, and other data, events and situations that may affect the legal business relationship between the company and the client.

The company collects certain personal data of its customers. The types of personal data, the purposes of their processing and the legal basis for processing are regulated by the General Terms and Conditions, which are an integral part of the general terms and conditions of business. Customers can familiarize themselves with the privacy policy on the company's website www.alarvae.si/splošni_pogoji.

The Company strives to ensure that information and data within the online store are up-to-date. In advertising messages and product descriptions in the Company's online store, there may be minor deviations regarding the actual characteristics of the product, which are not binding on the Company. However, the Company is bound by all statements regarding the characteristics of the goods included in the specific offer or contract.

The company reserves the right to change the specifications or information from the previous point without prior notice to the customer, and the specifications and information are binding only if they are specified in the contract.

When dealing with consumers, the company is bound by the information in advertising messages about prices, product features and warranty conditions. Prices in advertising messages are indicated in euros and include VAT.

Prices

Prices displayed on the company's website are subject to change without prior notice.

When dealing with consumers, the prices listed in the company's price list include VAT.

The company will provide the customer with the final price, which will include VAT, before concluding the contract or before the offer becomes binding for the customer.

If the final price cannot be calculated in advance due to the nature of the goods or service, the company will inform the customer of the method of calculating the final price.

In the event of concluding a contract for an indefinite period, the final price that the company will provide to the customer will include the total costs for the individual billing period.

Prices are binding from the moment the company sends the customer an e-mail confirming the order. In the event that the price information is incorrect or the prices change during the processing of the order, the customer has the right to withdraw from the contract.

The prices stated at the time the product is added to the shopping cart are valid, but not longer than 15 days, which is also the maximum time from the product being added to the cart until the order is confirmed (hereinafter: "reserved price"). The seller reserves the right to arbitrarily shorten the reserved price period in cases of special offers, introduction of new products or promotional campaigns, which is indicated in the special or promotional price of an individual product. Before the expiration of the reserved price period, the online store system automatically sends a message to the registered user's e-mail address or GSM number from the online store system about the imminent expiration of the reserved price of an individual product that he or she has added to the cart.

The contract between the company and the customer is stored electronically in a database after the successful submission of the order and its confirmation. The contract is accessible to the customer upon written request.

In the case of product delivery, standard packaging is included in the price of the product, while additional transport packaging and the costs of transporting the goods are charged by the Company at the price specified in the Company's price list or at the price agreed upon between the Company and the Customer.

Payment methods

The company allows payment for products and services in the following ways:

• payment using the UPN form to the company's bank account,
• payment by credit or debit card (MasterCard, Visa, American Express).

The security of personal data and payments is the domain of payment service providers. For everything else, the company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.

Invoicing

The Company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the email address provided by the customer when placing the order on the Company's website. At the customer's request, recorded in the notes when placing the order, the Company attaches a printed copy of the invoice to the ordered products.

It is the customer's duty to review all order data and specifications before placing an order. Any subsequent objections regarding irregularities in issued invoices are not valid.

Ownership

All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the company even after the conclusion of the contract, unless the company has issued a written permission to use this material. In the event that the company issues a consent to use this documentation, the client undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation are prohibited without the written consent of the company. The client agrees and is expressly informed that the said documentation constitutes a trade secret of the company.

Unless otherwise agreed in the contract between the company and the client, the company acquires ownership, copyright and related rights in all documents that are necessary or provided in connection with the conclusion and/or execution of the contract.

Trade secret

Contracts concluded between the company and the client are trade secrets. Also, all information that the company provides to the client before concluding the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc., is a trade secret. The client undertakes to maintain the company's trade secrets throughout the duration of the contractual relationship.

The customer must keep information, the disclosure of which could seriously harm the company, as a trade secret for 5 years after the end of the contractual relationship. In the event of a breach of trade secret, the customer is liable for damages and criminal liability. The contracting parties may agree in the contract on exceptions to these provisions.

Limitation of liability

The company strives to ensure the accuracy of the information published in the online store. Product features, delivery time or price may change so quickly that the company is unable to correct the information in the online store. In this case, the company will notify the buyer of the changes and allow him to cancel the order or exchange the ordered goods.

Photos do not guarantee the properties of the goods. The company strives to provide accurate photos of the products for sale, but all photos should be taken as symbolic.

The Company reserves the right to temporarily disable access to the Website in the event of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all orders placed during the period of technical problems. In such cases, the Company will immediately notify the Customer of the technical problems and provide instructions on further procedures. Before visiting the Company's Website, the Customer must ensure the security of their technical means of access to the Website and the security of usernames and passwords on the Website at their own risk.

The company reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer available, if an increased payment risk of the buyer is identified, or if there is an obvious error in the price list. In all such and similar cases, the customer will be immediately informed of any withdrawal from the contract by the company.
The Company reserves the right to withdraw from the contract if a material error is detected in accordance with Article 46 of the Code of Obligations. A material error is considered to be an error in the essential characteristics of the goods and all errors that are considered essential according to the customs of the trade or the intention of the parties, and the Company would not have concluded the contract if it had been aware of it. This also includes obvious errors in the price.

Complaints handling and dispute resolution

The interpretation of these terms of sale or contracts concluded between the company and the customer shall be governed exclusively by the law of the Republic of Slovenia. The contracting parties undertake to resolve all disputes amicably, and in the event that all extrajudicial means of reaching an agreement have been exhausted, the competent local court in the Republic of Slovenia in Celje shall have jurisdiction to resolve the dispute.

In accordance with the legal regulations, the company does not recognize any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that a consumer could initiate in accordance with the Out-of-Court Consumer Dispute Resolution Act.

The provider, who, as a provider of goods and services, enables online shopping in the territory of the Republic of Slovenia, publishes an electronic link to the platform for online consumer dispute resolution (SRPS) on its website. The platform is available to consumers at the following URL:

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

The aforementioned regulation stems from the Act on Out-of-Court Resolution of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.

The company complies with applicable consumer protection legislation. The company provides an efficient and confidential complaints handling system. Complaints should be sent to the e-mail address prodaja@alarvae.com.

The company will acknowledge receipt of the complaint to the client within 5 working days of receiving it and inform the client about the progress and duration of the complaint procedure.

Withdrawal of the Company from the contract

In the event of a breach of the terms of the contract or these general terms and conditions by the client, the company has the right to withdraw from the contract without further notice to the client. In such a case, the company will return any amounts paid to the client's transaction account.

The company also has the right to withdraw from the contract if the customer, who is not a consumer, becomes insolvent or insolvent, or if funds in the business account have been blocked for more than 15 days, or if a compulsory settlement or bankruptcy procedure has been initiated or merely proposed.

The company has the right to withdraw from the contract if the customer fails to fulfill their obligations, if the customer provides the company with false information that makes it difficult or impossible to fulfill the contract, and if they fail to pay their obligations in accordance with the contract and these general terms and conditions.

Online product sales

User registration

Customers can purchase products online without registering. Customers are allowed to create their own user account with a password at the same time they place an order. The username is the same as the email address that the user provided during the order process.

Order submission process

In the “products” section of the website, the user can click on the “add to cart” option. The system then issues a notification that the product has been successfully added to the cart of the desired goods. When the system records the added product in the cart, the user can continue the payment process or continue visiting the store by clicking on the appropriate “View Cart” button.

If the user wants to remove a specific product or service from the shopping cart, they can do so by clicking the remove button next to the selected product. If the user wants to add new products to the cart, they can do so by clicking the "continue shopping" button and repeating the process from the previous article.

After confirming the shopping cart with the selected products, the system redirects the user to a form with the buyer's or client's data. To complete the order, the user must correctly fill in all fields. The system allows the user to save the data from the form in the user's profile for future orders.

The user can choose between the above payment methods.

The user can indicate that they want to pick up the order item at the company's business address, or they can choose one of the delivery options.

Before placing an order, the user can check and, if necessary, correct all entered data related to the order, which the system displays after successful confirmation of all previous stages of the process.

The user confirms the order by clicking on the “COMPLETE PURCHASE” button, thereby committing to the fulfillment of the contract and confirming that he is obligated to pay. If the order is successfully submitted, the system displays the order number.

The purchase agreement (order) is stored in electronic form by the company, and the customer can obtain a copy by requesting it by email at: prodaja@alarvae.com.

After successfully submitting an order, the user will receive a confirmation of receipt and confirmation of the order to their email address.

A registered user can access information about the content of the contract and the status of the order in their user profile at any time.

In order to verify the user's provided data and the accuracy of the order, the Company may contact the user at their telephone number.

Delivery terms

For orders, the cost of transport packaging and delivery is automatically calculated and displayed before the purchase is completed. In the case of collection of the order item at the company's headquarters or in the case of ordering the product electronically, there are no costs for transport packaging and delivery.

Purchases over €120 are exempt from delivery costs.

In the case of payment on delivery when delivering an order with Pošta Slovenije, the Customer also pays a commission from Pošta Slovenije. The commission amount for the order amount is €2.5. Payment on delivery is only possible in Slovenia.

Delivery is only possible within the EU.

The ordered goods will be shipped no later than the following working week if the payment method used is a credit card. In the case of payment by invoice or bank transfer, the goods will be shipped after the funds have been received in the company's bank account. Products for which a longer delivery time is explicitly stated on the website will be delivered within the latter period.

In the event that the company is unable to ship the goods within the promised deadline due to unforeseen reasons, it will inform the customer of the new delivery deadline via the contact details provided.

The company is not liable for any failure to deliver goods for reasons beyond its control. The company will make every effort to ensure that the goods are delivered as quickly as possible and that the customer is promptly and regularly informed of any delays in delivery by the supplier.

In the event that the customer does not receive the ordered goods within the agreed period, the company must request fulfillment of the obligation and set an additional deadline for fulfillment of the obligation. If the company fails to deliver or fulfill the obligation within the additional period, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of the goods.

The Company is not liable for delay or non-delivery of goods in the event of war, riots, demonstrations, government interventions, fire, flood and other natural disasters, import or export embargo or any other similar reasons or reasons of force majeure over which the Company has no influence.

In the event of all of the above-mentioned reasons for delay, the delivery time is suspended for the duration of the impact of the aforementioned circumstances from the previous article, and after the effects of such circumstances cease, the deadlines continue to run.

Receipt of goods

The subject of the contract must be fulfilled in the place agreed upon in the contract or offer. If the place of fulfillment is not specified in the contract or offer, the company and the customer may agree on this later.
The customer is obliged to take over the subject of the contract no later than 14 days after receiving the company's written request, in accordance with the previous points regarding the place of delivery/performance.

In the case of delivery of goods via partner delivery services, the customer is obliged to accept the goods in accordance with the terms and conditions of the delivery service.

Consumer rights and obligations – consumer right to withdraw from the contract

In accordance with the Consumer Protection Act, the consumer has the right to notify the Company of his withdrawal from the contract within 14 days of receipt of the goods, without having to state a reason for his decision. The period begins one day after the date of receipt of the goods.

The consumer shall notify the seller of the withdrawal from the contract to the seller's e-mail address prodaja@alarvae-com or in another manner enabled by the company's other contact details. The consumer must state his/her intention to withdraw from the contract clearly and unambiguously. If the consumer decides to use the withdrawal form, the company shall immediately send the consumer a confirmation of receipt of such withdrawal form on a durable medium by e-mail.

In the event of withdrawal from the contract, the consumer either returns the received goods or sends them to the Company's address Rožna ulica 3, Polzela. The buyer must return the goods to the Company no later than 14 days after informing the Company of the withdrawal from the order.

The consumer is only liable for any diminished value of the goods if the diminished value is the result of conduct that is not strictly necessary to establish the nature, characteristics and functioning of the goods.

If the consumer withdraws from the contract, the company shall, without undue delay, refund the payments received using the same means of payment as was used for the original transaction, unless the consumer has explicitly requested the use of another means of payment and the company is not charged any additional costs as a result.

The consumer shall provide his/her personal data (personal name and contact details) together with the declaration of withdrawal. The Company shall refund the purchase price and all other payments no later than 14 days after receiving the notification of withdrawal, but the Company may withhold the refund until the returned goods are received or until the consumer provides proof that he/she has actually sent the goods.

The only cost borne by the consumer in connection with withdrawal from the contract is the cost of returning the goods.

The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43.č of the Consumer Protection Act, for contracts:

• about goods that are manufactured according to the consumer's precise instructions and adapted to his personal needs;
• on goods that are perishable or have a short shelf life;

If a coupon was used to pay for the order (or for part of the order value), in the event of withdrawal from the contract, the coupon will be returned to the consumer in the same value as the coupon had when the order was placed.

If a promotional discount code was used when placing an order, the discount will be returned to the consumer in the form of a new promotional code in the event of withdrawal from the contract.

Liability for factual and legal errors

The company is liable for material defects in the goods when the risk of accidental destruction or damage has passed to the customer. This point usually occurs upon receipt of the goods.

The error is real:

• if the thing does not have the properties necessary for its normal use or for trade;
• if the thing does not have the properties necessary for the specific use for which the buyer is purchasing it, but which were known to the seller or should have been known to him;
• if the thing does not have the properties and characteristics that were explicitly or tacitly agreed upon or prescribed;
• if the seller has delivered an item that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.

The customer is obliged to inspect the subject matter of the contract immediately or as soon as possible, to identify any errors and record them. Otherwise, the company will not take into account material errors that are not hidden and were known or should have been known at the time of inspection of the subject matter of the contract.

The customer is obliged to notify the company of obvious material defects immediately or no later than eight days after the due inspection, and of hidden material defects immediately or no later than eight days after discovery, otherwise they are not entitled to have the material defect eliminated.

The consumer is obliged to notify the company of a material defect within two months from the date on which the material defect was discovered.

The company is liable for material defects that become apparent within six months of delivery of the goods, and in the case of consumer contracts within two years of delivery of the goods, or within one year of delivery in the case of the sale of used goods. The company guarantees that no third party has any ownership, copyright or industrial property rights on the subject of the contract that would exclude, reduce or limit the rights of the customer, or guarantees that it has arranged these rights with its contractual partners.

After notifying the company of the material defect, the consumer must allow the company to inspect the goods and describe the defect in more detail in the notification of the material defect.

The company does not take into account minor factual errors.

If the company establishes the existence of a material defect in accordance with the timely and correct notification of the consumer, the consumer has the right to request from the company in relation to the goods:

• error correction or
• refund of part of the amount paid in proportion to the error or
• replacement of defective goods with new, faultless goods or
• refund of the amount paid.

In any case, the consumer also has the right to demand compensation from the company for damages, in particular reimbursement of the costs of materials, spare parts, labor, transfer and transportation of products incurred as a result of fulfilling the obligations referred to in the previous paragraph.

The Terms and Conditions enter into force on 31 July 2023. All changes and amendments enter into force on the date of publication on the website.