General terms and conditions

This is a courtesy translation. In the event of any discrepancy, the Slovene version prevails.

These general terms and conditions (hereinafter: Terms) govern the rights and obligations between the provider and the buyer when purchasing goods or services through the provider's online shop and form an integral part of every distance contract concluded in accordance with the Slovenian Consumer Protection Act (ZVPot-1).

In accordance with Article 21 of ZVPot-1 the consumer is informed of the contractual terms before purchasing a product or service on the website www.ekakovost.si. When placing an order the buyer is expressly notified of the Terms, they are easily accessible, and an order can only be placed after actively confirming agreement with them (the checkbox "I have read and agree to the general terms and conditions").

1. Provider details

Neja Bonbek Natek s.p.
Address: Tinjan 33, 6281 Škofije, Slovenia
Registration number: 3515397000
Tax number: 94848661 (registered for VAT)
E-mail: info@ekakovost.si
Phone: +386 41 962 662
IBAN: SI56 0468 4011 4545 929

2. Use of the online shop

Purchases in the online shop are available to all consumers from the European Union and to companies established in the European Union that acquire goods or services solely for end use, regardless of nationality or registered office. The provider delivers within the Republic of Slovenia and is not obliged to deliver outside the Republic of Slovenia.

Registration is not required to purchase in the online shop. The user must enter accurate and truthful information when ordering. Failure to do so constitutes a breach of these Terms and may lead to the immediate termination of the user's account on the website. You are responsible for protecting the password you use to access the service and for all activities or actions performed under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

3. Ordering procedure and conclusion of the contract

Orders placed through the website www.ekakovost.si are processed by the online shop's electronic system. Purchases are possible 24 hours a day, every day of the year (except during maintenance or technical difficulties). Ordering through the website is safe and simple. Before submitting an order the buyer can review it, including the products, the total price, delivery costs and other essential information.

The purchase contract is concluded at the moment the provider sends the buyer an e-mail confirming receipt of the order. In accordance with Article 132(6) of ZVPot-1 the provider supplies the buyer with a confirmation of the concluded contract or sends an invoice no later than on delivery.

4. Prices and payment methods

Prices are stated in EUR and include VAT. Prices are valid at the moment the order is placed and have no predetermined validity. Payment is possible by credit or debit card, Apple Pay, Google Pay and bank transfer.

Delivery costs are not included in product prices and are clearly displayed before the order is submitted.

If, due to an error on the website, an incorrect product price is displayed at the moment the order is placed, the provider will inform the buyer and allow them to withdraw from the purchase.

Prices in the online shop may change without prior notice. For payment by bank transfer the order is on hold until receipt of payment is confirmed. Upon receipt of payment the provider sends the buyer a confirmation e-mail.

Payment by bank transfer must be made within five working days of the date the order was placed (Sundays and public holidays are not counted as working days); otherwise the order becomes void.

5. Delivery

The delivery time is stated for each product or upon order confirmation. Delivery of ordered goods is possible within the Republic of Slovenia. Ordered products are delivered by a contracted carrier. The delivery time is 3–5 working days.

We endeavour to process orders placed on working days before 2 p.m. on the same day and to hand them over for delivery within 24 hours.

For orders paid by bank transfer the delivery period starts upon receipt of payment.

Goods ordered in the online shop can be delivered within Slovenia. The delivery cost is stated before the order is submitted. If the buyer is not at the address at the time of delivery, the parcel can be collected in accordance with the delivery service's terms. The selected delivery service is provided with the buyer's contact details and handles communication with the buyer regarding delivery. The contracted delivery partner is stated before the order is submitted.

In accordance with Article 68 of ZVPot-1 the risk of loss of or damage to the goods passes from the provider to the buyer only when the buyer, or a third party designated by the buyer (other than the carrier), physically receives the goods.

6. Right of withdrawal

The consumer has the right to withdraw from the contract within 14 days of receiving the goods without giving any reason. Withdrawal is made by an unambiguous statement sent to the provider's contact e-mail address, verbally by phone, in writing by post or by using the withdrawal form published on the provider's website.

The consumer may inspect and test the goods only to the extent strictly necessary to establish their nature, characteristics and functioning. If the value of the goods has been reduced as a result of the consumer's handling, the consumer is liable for the reduction in value but does not lose the right of withdrawal.

In accordance with Article 143 of ZVPot-1 the provider will, in the event of withdrawal, refund all payments received without delay and no later than 14 days after receiving the notice of withdrawal. The provider may withhold the refund until the returned goods have been received or until the consumer provides proof that the goods have been sent back. If the provider withholds payment, it must refund the consumer immediately after receiving the goods.

The refund is made using the same means of payment the buyer used, unless the buyer has expressly requested a different means of payment and incurs no costs as a result.

The only cost borne by the buyer in connection with withdrawal is the cost of returning the items (which, when shipped, is charged according to the delivery service's price list and depends on whether it is a letter/parcel/freight). Cash-on-delivery shipments are not accepted. The buyer must return the goods to the provider no later than 14 days after sending the notice of withdrawal from the contract (purchase).

7. Exceptions to the right of withdrawal

The right of withdrawal does not apply in the cases set out in Article 135 of ZVPot-1, in particular for goods made to the consumer's specifications or which by their nature are unsuitable for return.

8. Warranty of conformity

In accordance with Article 78 of the Consumer Protection Act (ZVPot-1) the provider is liable for any lack of conformity of the goods that exists at the time of delivery and becomes apparent within two years of delivery.

Goods are considered non-conforming in particular when:

• the wrong product has been delivered to the buyer,
• the wrong quantity of goods has been delivered,
• the product was damaged or destroyed in transport,
• the product lacks the characteristics required for its normal or particular use,
• the product does not match the description, sample or model,
• individual parts or accessories that should have been included are missing,
• there are other deviations from the order as agreed at the conclusion of the contract.

In the event of non-conformity the consumer may, in accordance with Articles 81 to 87 of ZVPot-1, claim:

• restoration of conformity (repair or replacement),
• a proportionate price reduction, or
• a refund of the amount paid, observing the statutory order of remedies.

The provider is liable for non-conformity arising before the moment the buyer, or a third party designated by the buyer, physically receives the goods, including damage sustained during delivery.

Claims for non-conformity do not affect the consumer's right to exercise other rights under applicable legislation.

9. Product characteristics

Product photographs in the online shop are symbolic and for information only. Owing to different lighting conditions during photography, users' display settings and the particularities of serial production of materials, minor deviations in colour shade, texture or appearance of the product may occur.

The provider endeavours to provide the most accurate, complete and up-to-date descriptions and presentation of products. Minor deviations between the presentation and the actual product that do not affect its quality, characteristics or functionality are not considered non-conformity within the meaning of the Consumer Protection Act (ZVPot-1).

If, however, the product deviates substantially from the description, presentation or agreed characteristics, or lacks characteristics expressly agreed at the conclusion of the contract or reasonably expected by the consumer, the consumer has the right to claim non-conformity in accordance with these Terms and applicable legislation.

10. Personal data protection

The provider processes users' personal data in accordance with Regulation (EU) 2016/679 (GDPR), the Slovenian Personal Data Protection Act (ZVOP-2) and other applicable legislation.

Personal data of online-shop users is processed exclusively for the purpose of performing the contractual relationship, in particular for processing orders, delivering goods, issuing invoices, communicating about the order and exercising rights and obligations under the contract, on the basis of performance of the contract in accordance with Article 6(1)(b) GDPR.

The website can be browsed without providing personal data, except where this is necessary to place an order. Certain technical data (e.g. IP address, browser data) may be processed automatically through essential cookies that enable the website to function properly. Details on the use of cookies are described in the Cookie policy.

Personal data may be passed on to processors (e.g. delivery services, IT service providers) solely to the extent necessary to fulfil the order or comply with legal obligations. The provider has concluded appropriate data-processing agreements with all processors.

Personal data is not used for marketing purposes unless the user gives express and separate consent. Consent to receive marketing messages is voluntary and can be withdrawn at any time.

The provider implements appropriate technical and organisational measures to protect personal data and prevent unauthorised access, disclosure or misuse.

Further information on the processing of personal data, legal bases, retention periods and the rights of individuals is available in the Privacy policy published on the provider's website.

The user must provide the provider with truthful and accurate personal data and notify it of any changes. The provider is not liable for the consequences of incorrect or incomplete data.

11. Out-of-court dispute resolution

In accordance with applicable legislation the provider does not recognise any out-of-court consumer dispute resolution body as competent to resolve disputes that a consumer might initiate under the Consumer Protection Act (ZVPot-1).

Notwithstanding the above, consumers may, in accordance with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (ODR), lodge a complaint through the online dispute resolution platform available at ec.europa.eu/consumers/odr.

In the event of a dispute the provider will endeavour to resolve any misunderstandings with consumers amicably and without unnecessary complications; this does not affect the consumer's right to bring proceedings before the competent court.

The provisions of this section do not affect the consumer's right to judicial protection and do not limit other rights under the applicable legislation of the Republic of Slovenia or European Union law.

12. Final provisions

These Terms apply to all contracts concluded between the provider and the buyer through the online shop and form an integral part of every individual contract.

The provider reserves the right to amend or supplement the Terms. Amended Terms take effect on the day of publication on the provider's website and apply to orders placed after the changes are published. Orders placed before the changes take effect are governed by the Terms in force at the time the order was placed.

If any provision of these Terms is invalid, unlawful or unenforceable, this does not affect the validity and enforceability of the remaining provisions. The invalid provision is replaced by a valid provision that is closest in content and purpose to the original.

The law of the Republic of Slovenia applies to the interpretation and application of these Terms, taking into account mandatory consumer-protection rules.

Any disputes arising from or in connection with these Terms are resolved amicably by the provider and the consumer. If an amicable solution is not possible, the court with subject-matter jurisdiction in the Republic of Slovenia is competent.

The Terms are published on the provider's website and are permanently accessible to buyers before the conclusion of the contract.

By placing an order the buyer confirms that they have read, understood and agree to these general terms and conditions.