General terms and conditions

 

In connection with the visited website https://klimalab.si/ and the purchase of products on it, the following general terms and conditions apply.

Seller or provider

Klimalab, an innovative climate consulting and education company, d.o.o.

Registration number: 9861106000, Tax number: 77776771

Date of establishment: 14. 2. 2025, the company is liable to pay value added tax

Business address: Klunova 4, 1000 Ljubljana, Slovenia

Email address: info@klimalab.si

(hereinafter referred to as ” the company “)

 

Introductory definitions

    • The General Terms and Conditions govern the conclusion of distance contracts with consumers via the World Wide Web in connection with the purchase of goods or services from the company’s offer, which, in accordance with the Consumer Protection Act, the Electronic Commerce on the Market Act and the Electronic Communications Act, and other laws and regulations, represents an information society service, and requires the company to provide the consumer with the information covered herein.
    • digital content: is data that is created or supplied in digital form. In the case of purchasing digital content, it may be a one-time download or continuous supply of selected content, depending on the statements and definitions provided in the offer or description of individual digital content in the website offer,
    • digital service : means a service that enables the consumer to create, process, store or access data in digital form, or a service that enables the exchange of data in digital form or any other form of interaction with such data, uploaded or created by the consumer or other users of that service,
    • functionality: is the ability of goods, digital content or digital service to perform their functions according to their purpose,
    • interoperability: is the ability of goods, digital content or a digital service to work with hardware or software that is different from that with which digital content or digital services of the same type are normally used,
    • purchase: conclusion of a distance contract for the purchase of selected products, services or digital content or services by placing an online order at the published price, with descriptions and specifications from the offer and in accordance with the terms and conditions of the General Terms and Conditions that were in force at the time of placing the order,
    • consumer: in accordance with the Consumer Protection Act, a consumer is a natural person who acquires or uses goods and services for purposes outside their professional or gainful activity,
    • Buyer: is a visitor or consumer who has successfully made a purchase on the website. If the buyer does not meet the definition of a consumer (e.g. the purchase is made by a legal entity), the company is not obliged to offer such a buyer those guarantees that, in accordance with the Consumer Protection Act, these General Terms and Conditions grant to consumers. In such cases, the company reserves the right, after the order has been placed, to inform such a buyer about which parts of these General Terms and Conditions apply or govern their relationship, and such a buyer can then decide or insist on placing the order,
    • product / goods: an agreed feature in the offer, which includes the quantity or specification or functionality and other characteristics contained in the corresponding description ,
    • service: if the consumer purchases ( i.e. orders) the performance of a service from the offer on the website, the company undertakes, on the basis of these General Terms and Conditions, to perform the relevant service for the consumer (within the time limits, quantity or with specifications or in compliance with other characteristics contained in the corresponding description of the service in the offer), the consumer pays the stated price for this,
    • serious outages: are outages that result in inoperability, which cause unavailability and thus a possible longer outage of availability or access to digital content or services that, depending on their description, can be offered to the customer continuously or on a dedicated part of the website,
    • Consumer Protection Act: means the Consumer Protection Act (ZVPot-1) (Official Gazette of the Republic of Slovenia, No. 130/22 ) together with any subsequent updates.

 

Copyright and intellectual property protection

 

The text of these General Terms and Conditions and other legal documents, as well as its associated software and all databases (including their selection, arrangement and composition) and all content, including all texts, graphics, logos, trademarks, images, audio and video recordings, are the exclusive property of the company or its partners.

The license terms for the use of digital content and services from the offer, developed by the company or by third parties, are regulated in more detail by the license terms listed in the individual digital content or service or on dedicated links.

Any unauthorized reproduction, modification, distribution, transmission, republication, display or execution of software or website content is strictly prohibited.

 

Access and responsibility for smooth operation

 

To visit and use the site, the visitor needs their own communication device or device with appropriate hardware and software that enables the transmission, display and exchange of data and information online.

Responsibility for the proper functioning, use and protection of one’s own communication means or device (e.g. password security, mailbox security through which the visitor exchanges key messages with the company regarding the purchase, downloading browser updates and other software, etc.) lies with the visitor.

Despite the company’s persistent efforts to provide access and operation of the website in the expected, secure, unhindered and correct form, outages may occur in the form of delayed operation and inability to access services that are outside the company’s sphere of influence and for which the company does not assume responsibility.

Consequently, the company is not liable to visitors in relation to the limited or discontinued availability of online services and in relation to the possible consequences of downtime of its operation (except as expressly defined in the section “Access to digital content or services and permitted and serious downtimes”), to which the visitor agrees by visiting and using the website.

In the event of a service outage, the company reserves the right to cancel all orders placed during the partial or complete outage, whereby in such cases the company will always inform all visitors who validly placed their orders about this and will individually agree with them as soon as possible on a refund or delivery of the products.

 

Age restriction for using online services and placing an order

 

The company does not accept orders from persons under the age of 15 or persons with limited or revoked legal capacity.

In compliance with the principle of minimization of collected personal data, the company does not condition the purchase on the entry of the year of birth of an individual customer and does not verify the age of visitors or customers in other ways.

Consequently, by placing an order with the company, the visitor always guarantees that he is older than the above-mentioned limit and that he has full legal capacity or has duly obtained consent from his parent or guardian in relation to the purchase he wishes to make.

If the company subsequently determines that it is processing the personal data of a person who has not reached the age specified above, the company reserves the right to withdraw from the execution of an order that has not yet been executed and delete the personal data of such person.

 

Website language versions and business language

 

The content is available to Slovenian consumers in Slovenian and English, and the company also conducts its business with them in these languages.

 

Conclusion of the sales contract and validity and application of these General Terms and Conditions

 

These General Terms and Conditions constitute a sales contract between the company and the buyer, which the buyer concludes with the company in relation to the selected orders by placing an order, as described in more detail in the section “Purchase process and technical procedures for concluding the contract” and thereby receives a confirmation of receipt of the order at the entered email address.

We kindly ask customers to carefully read the terms and conditions contained herein before placing any order on the website.

The buyer is always bound only by the latest version of these General Terms and Conditions, which is valid at the time of purchase and has always been accessible as such at the link https://klimalab.si/general-terms/ .

Purchases already made will always be assessed in accordance with the General Terms and Conditions that were in effect at the time of the individual purchase.

If there is a discrepancy between the provisions of these General Terms and Conditions and any other provisions that may have been published on subpages or elsewhere, the provisions contained in these General Terms and Conditions shall apply.

If a competent court or other competent authority decides that any provision of these General Terms and Conditions in the context of an individual distance purchase ( i.e. a contractual relationship with a consumer who, by making a purchase, entered into a contractual relationship with the company governed by these General Terms and Conditions) is null and void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in force, to the extent possible.

Nothing in these General Terms and Conditions creates a relationship of agency or partnership between the company and the website visitor or customer.

These General Terms and Conditions do not regulate the protection of personal data and the use of cookies in relation to the website, and do not provide information under Article 13 of the General Data Protection Regulation (GDPR), but this area is defined in the Privacy Policy, which is published at the link: https://klimalab.si/privacy/.

 

Changes to these General Terms and Conditions

 

In the event of changes to the functionality of the website, the emergence of new legal requirements, or in any other justifiable cases, there may be a need to amend these General Terms and Conditions.

If these General Terms and Conditions are changed, the company will notify visitors or customers of this via the usual electronic communication channels or by means of a notice that will be published in a timely manner on the website or on its official profiles on social networks.

The publication of the above notice and the fact that the buyer has placed a new order after the amendment of these General Terms and Conditions constitutes the buyer’s consent to the relevant amendment to these General Terms and Conditions.

If the buyer does not agree to the change in these General Terms and Conditions, he is obliged to inform the company of this no later than the next order is placed under the changed conditions, whereby in such cases the company has the right to refuse to do business with such a buyer or withdraw from the concluded contract within the withdrawal period previously agreed with the buyer.

On the subpage https://klimalab.si/pogoji-poslovanja/ of the website, only those General Terms and Conditions that apply at the time of purchase will always be published.

The information listed in the section “Preliminary information and information provided by the company as an information society service provider” in the event of a purchase forms an integral part of the contract between the company and the buyer and as such may be subsequently ( i.e. after the purchase has been made) changed only with the express consent of both the company and the buyer.

 

Storage and access to the text of these General Terms and Conditions

 

The Company undertakes to permanently store these General Terms and Conditions and their previous versions. Any buyer may at any time request the Company to provide them with the General Terms and Conditions that were in effect at the time of their purchase, and the Company will provide them to them free of charge on a durable medium within a reasonable period of time.

In the above case, the buyer may contact the company at any time by sending their request in this regard via the company’s official email address listed at the beginning of these General Terms and Conditions or by sending a physical request to the address listed at the beginning of these General Terms and Conditions.

 

Access to content, copyright reservation

 

Viewing video content is only available to customers who have paid for the course.

By purchasing the course, the buyer receives unlimited access to a dedicated part of the website with a one-time payment, where the course content is available to the buyer in streaming form and is consequently not available for storage or download.

 

Requirements for viewing course video content

 

To view the video content, the buyer needs a browser that supports plug-ins for downloading and playing streaming video content in MP4 format, as well as all other common hardware and software that allows viewing video or playing audio. By purchasing the course, the buyer also gets access to all future course updates.

 

Copyright reservation in relation to the course content

 

The Company reserves all copyrights in connection with the contents of the purchased course. The course contents are available to buyers for their own non-commercial purposes. Buyers may not share or broadcast the course contents without the express consent of the seller. Buyers may also not use the contents for any other commercial purposes that are incompatible with the nature and purpose of the course.

 

Nature of content

 

The course content is educational in nature and is aimed at strengthening the individual’s own competencies, over which the company has no direct influence. Consequently, the seller assumes no responsibility towards the buyer or any third party regarding any business or other success.

 

Purchase process (technical procedures for concluding a contract)

 

The visitor makes a purchase on the website by using the communication medium and following the steps described below:

  • navigation to the website via a browser that the visitor opens on their own device;
  • searching and viewing the website’s offerings, reviewing the description and characteristics of services, as well as prices and selecting the quantity to purchase;
  • placing an order via the website klimalab.si, via specially established forms or via e-mail (info@klimalab.si).

Based on the order, a pro forma invoice or invoice is issued.

By placing an order, the user agrees to all provisions of these General Terms and Conditions.

Upon confirmation of the order, the company may also inform the buyer by email about the estimated delivery date of the service.

 

Withdrawal from the contract by the company

 

The company reserves the right to withdraw from the concluded contract at any time for a justified reason, despite receipt and confirmation of the order, when:

  • Despite the company’s continuous efforts to ensure that the services offered in the published service offer on the website represent their real capacity, the ordered services from the confirmed order are no longer available;
  • an obvious error or material mistake is detected in the description or price of the service;
  • the buyer knowingly provided the company with false or untrue information, in particular with the intention of circumventing any age restrictions regarding the purchase or use of the website or for another purpose that is clearly misleading;
  • the buyer of the service purchases as a consumer, although in reality it is a legal entity or a person who does not meet the definition of a “consumer” or a person who purchases the service with the intention of resale;
  • the payment was rejected or cannot be made, as notified to the company by the relevant payment service provider or payment method;
  • the company receives a notification from a competent public authority or payment service provider or payment method about the misuse of a bank card, or about any other misuse or the existence of a criminal offense that requires the cancellation of the contract or payment;
  • it can be concluded from past relations between the company and the buyer that the buyer will abuse the rights he is entitled to as a consumer under the Consumer Protection Act;
  • the beginning or existence of bankruptcy proceedings or other liquidation proceedings has been detected for the buyer, who is not a consumer but a legal entity, which could make it difficult to make payment
  • there has been disrespectful or inappropriate behavior on the part of the customer in support programs (e.g. insults, threats, harassment or any other behavior that violates the basic rules of respectful communication),

in which case the provisions of the section “Refund of payments to the buyer in the event of withdrawal from the contract” of these General Terms and Conditions will apply mutatis mutandis in this regard.

 

Service prices

 

All prices listed are valid at the time of purchase. Offer is valid as long as the service is available in or on offer.

In the case of discounts and other promotions that affect the final price of an individual product, these will always be published in a way that provides the user with a distinction between the price before and after the reduction, with the exception of any promotional codes or discount codes, which are always calculated at the time of purchase.

All prices are listed in euros.

 

Payment methods

 

Purchases can be made in the following ways:

    • payment by bank transfer (data sent to the buyer by email after placing the order). The company will not perform the service until it receives funds in its bank account.

 

Invoice forwarding

 

The company issues an invoice to the consumer for the service provided or digital content delivered in the form of a physical document, which is inserted into the ordered package or in the form of a . pdf document, whereby such an invoice is sent to the buyer’s email address.

The company issues the invoice free of charge, regardless of the form and method of transmission of the invoice.

The invoice states the itemized price and any indication of the VAT amount (if relevant) and a definition of all other costs associated with the purchase.

The Company enables the Buyer to verify the correctness of the amount charged in relation to the agreed characteristics and quantity of the service provided or digital content delivered.

The buyer is obliged to check the correctness of the submitted data before placing an order.

The Buyer may contact the Company regarding the correction of an already issued invoice via the Company’s official email address listed at the beginning of these General Terms and Conditions.

The company reserves the right to disregard later objections regarding the correctness of issued invoices if the errors on the invoice stem from actions or shortcomings on the part of the buyer.

 

Delivery

 

The company only offers digital products without physical delivery.

 

Discounts, promotional codes, discount codes and vouchers

 

  • Discounts and other benefits that affect the price of services, as well as discounts that are specifically marked, are not cumulative.
  • Promotional codes, discount codes and vouchers cannot be exchanged for cash or any other form of benefit from the company.

 

 Withdrawal from the contract within 14 days without the need to give a reason

 

A buyer who meets the definition of a consumer has the right to inform the company within 14 days that he or she withdraws from the contract without having to give a reason for his or her decision.

The buyer may also withdraw from the contract by submitting an unambiguous statement to the company, clearly indicating that he is withdrawing from the contract.

By exercising the right to withdraw from the contract, the obligations of the company and the buyer regarding the fulfillment of the contract or the conclusion of the contract cease when the buyer has made an offer to conclude the contract.

 

When is withdrawal from the contract within 14 days without giving a reason not possible?

 

Despite the above, in accordance with Article 135 of the Consumer Protection Act, withdrawal from the contract is still not possible for certain types of goods (e.g. regarding the supply of sealed audio or video recordings and computer programs, etc.).

When is withdrawal from the contract still possible and how is it carried out?

 

Notwithstanding the above, in all other cases, any buyer (where the above applies exclusively to natural persons who meet the consumer criteria) may withdraw from the contract ( i.e. purchase) within 14 days without giving a reason, by notifying the company within this period that they are withdrawing from the contract (purchase).

The buyer is deemed to have given the withdrawal statement in time if it was submitted to the company within the deadline set for withdrawal from the contract (i.e. within 14 days from the date of placing the order for the performance of the service). The buyer bears the burden of proof regarding the exercise of the right to withdraw from the contract without reason within 14 days.

 

When does the deadline for withdrawing from a contract without reason begin to run?

 

The above-mentioned period for withdrawal from the contract without reason within 14 days begins to run on the day on which the buyer or a third party designated by the buyer acquires actual possession of the digital content supplied on a tangible data carrier.

In the case of a contract for the provision of a service or the supply of digital content that is not supplied on a tangible data carrier, the withdrawal period of 14 days begins on the day the contract is concluded ( i.e. on the day of purchase).

 

Informing the company about the resignation via email

 

The Buyer may withdraw from the contract by sending an unambiguous statement to the email address provided at the beginning of these General Terms and Conditions, clearly indicating that he is withdrawing from the contract.

 

Refund of payments to the buyer and costs in the event of withdrawal from the contract

 

In the event of withdrawal from the contract, the company will immediately or no later than 14 days after receiving the notice of withdrawal from the contract, return to the buyer all payments received in connection with the purchase, provided that it agrees that the conditions for withdrawal from the contract have been met.

In cases where the company does not agree that the buyer’s withdrawal from the contract is justified, it will notify the buyer, and the buyer will have the right to initiate a complaint procedure as stated in the “Applicable Complaints” section of these General Terms and Conditions.

The Company will return the received payments to the Buyer using the same payment method used by the Buyer (usually by payment to the Buyer’s bank account), unless the Buyer has expressly agreed to use another payment method and the Buyer does not incur any costs as a result.

If the buyer withdraws from the contract after the company has started to provide the service during the withdrawal period based on the buyer’s explicit request and consent, and the buyer was aware that he would thereby lose the right to withdraw from the contract, he shall pay the company an amount in proportion to the service provided up to the date of notification of the company’s withdrawal from the contract. The proportional part is calculated based on the total value of the contract. If the price in the contract is too high compared to the market price, the proportional part is calculated based on the market value.

In connection with the withdrawal from the contract, the buyer only covers the costs of returning the goods or digital content supplied on a tangible data carrier.

 
Withdrawal from the contract within 14 days and without reason in the case of the purchase of digital content or services

 

Withdrawal from the contract within 14 days and without reason in the case of the purchase of digital content or services in accordance with Article 135 of the Consumer Protection Act regarding the supply of digital content that is not supplied on a tangible data carrier is not possible if the performance has begun and, when the contract obliges the buyer to pay, if:

  • the consumer has previously given explicit consent to the commencement of performance during the withdrawal period,
  • the consumer has agreed to lose the right to withdraw from the contract, and
  • the company has submitted a certificate in accordance with the sixth paragraph of Article 132 or the second paragraph of Article 133 of the Consumer Protection Act.

If the consumer withdraws from the contract for the supply of digital content or a digital service, the company shall refund to the consumer all payments made in accordance with the contract for the supply of digital content or a digital service.

Notwithstanding the previous paragraph, if the contract for the supply of digital content or a digital service stipulates the supply of digital content or a digital service against payment of a purchase price and for a certain period of time, and the conformity of the digital content or digital service was ensured for some time before the withdrawal from the contract for the supply of digital content or a digital service, the company shall refund to the consumer only the proportional part of the purchase price paid, which corresponds to the period during which the conformity of the digital content or digital service was not ensured.

In the case referred to in the previous paragraph, the company shall also refund to the consumer any part of the purchase price paid in advance by the consumer for the period of the contract for the supply of digital content or digital service that would have remained if the consumer had not withdrawn from the contract for the supply of digital content or digital service.

In the event of withdrawal from the contract, the consumer may not use the digital content or digital service and may not make it available to third parties.

 

Non-conformity of goods with digital elements

 

In accordance with the Consumer Protection Act, the company supplies the buyer with goods that meet the subjective requirements for conformity of goods, the objective requirements for conformity of goods and the objective requirements for conformity of goods with digital elements, where applicable, and is liable for any non-conformities that the goods had at the time of delivery.

 

Subjective aspects of the conformity of goods

 

The consumer may assert claims against the company regarding non-conforming goods when the goods do not comply with the sales contract, as stated in Article 72 of the Consumer Protection Act (e.g. they do not correspond to the description in the sales contract, are not suitable for the specific purpose for which the consumer needs them, are not supplied with accessories and instructions, are not updated, etc.).

 

Objective aspects of the conformity of goods

 

The goods must also meet objective criteria for conformity, as stated in Article 73 of the Consumer Protection Act (e.g., be suitable for the purposes for which goods of the same type are usually used, correspond to the type, quality, sample as advertised to the consumer, be supplied with accessories, packaging, instructions, etc.).

 

Aspects of compliance of goods with digital elements

 

Goods with digital elements are also non-conforming if the company fails to ensure that the consumer is informed of updates, including security updates, necessary to maintain the conformity of the goods with digital elements and that these updates are also delivered to him within the period:

  • which the consumer can reasonably expect, having regard to the type and purpose of the goods and digital elements and taking into account the circumstances and nature of the contract, where the sales contract provides for a single supply of digital content or a digital service, or
  • two years from the supply of goods with digital elements, where the sales contract provides for the continuous supply of digital content or a digital service over a specified period, or
  • in which the digital content or digital service is to be supplied under the sales contract, where the sales contract provides for the continuous supply of the digital content or digital service over a period exceeding two years.

Where the consumer fails to install the updates supplied in accordance with the previous paragraph within a reasonable period, the company shall not be liable for any non-conformity resulting solely from the failure to carry out the relevant update, provided that:

  • the company has informed the consumer about the availability of the update and the consequences if the consumer does not install it, and
  • The reason why the consumer did not install the update or installed it incorrectly was not due to the defective installation instructions provided to the consumer.
 
Non-compliance due to incorrect installation

 

If the installation is an integral part of the sales contract and is carried out or is the responsibility of the company, any lack of conformity resulting from incorrect installation of the goods shall be considered a lack of conformity of the goods.

If the consumer incorrectly installs the goods that he has to install himself due to inadequate installation instructions provided by the company or, in the case of goods with digital elements, by the company or undertaking supplying the digital content or digital service, any lack of conformity resulting from the incorrect installation of the goods shall be considered a lack of conformity of the goods.

 

Enforcement of warranty claims in the event of non-conformity of goods and goods with digital elements
 
Deadline for making a warranty claim due to non-conformity of goods or goods with digital elements

 

The consumer may exercise his rights regarding non-conforming goods if he notifies the company of the non-conformity within 2 months from the date on which the non-conformity was discovered.

The rights to enforce warranty claims regarding non-conforming goods (or goods with digital elements) expire within 2 years from the date on which the consumer notified the company of the non-conformity of the goods.

The company is liable for any non-conformity of the goods that exists at the time of delivery of the goods and that becomes apparent within 2 years of delivery of the goods.

The previous paragraph shall also apply to goods with digital elements, without prejudice to the first paragraph of Article 74 of the Consumer Protection Act.

In the case of goods with digital elements, where the sales contract stipulates the continuous supply of digital content or a digital service over a certain period, the company is liable for any lack of conformity of the digital content or digital service that arises or becomes apparent within two years of the supply of the goods with digital elements.

In the case of goods with digital elements, where the sales contract provides for the continuous supply of the digital content or digital service for a period exceeding two years, the company is liable for any lack of conformity of the digital content or digital service that arises or becomes apparent during the period during which the digital content or digital service is to be supplied in accordance with the sales contract.

If the subject of the sales contract is used goods, the company is liable to the buyer for any lack of conformity that occurs 1 year after the delivery of the goods.

It is presumed that the lack of conformity of the goods already existed at the time of delivery if it becomes apparent within one year of the delivery of the goods, unless the company proves otherwise or if this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

 

Buyer’s notification to the company regarding the enforcement of a warranty claim

 

The consumer can notify the company of the non-conformity in person, for which the company will issue a receipt, or send it to the company’s store or business unit where the goods were purchased, or notify it to the company’s representative with whom he concluded the sales contract.

The Company recommends that consumers submit notices of non-compliance to it in writing, i.e. via physical mail or e-mail sent to the address or e-mail address listed at the beginning of these General Terms and Conditions.

The consumer must describe the alleged non-conformity in detail in the notice of non-conformity.

It is recommended that the consumer also attach to the notification the invoice (e.g. in scanned form) issued by the company in connection with the purchase of the product in question, or other evidence proving that the buyer purchased the product from the company (e.g. an email containing an order confirmation).

The company is not obliged to assess and enforce warranty claims of persons who do not prove that they purchased the non-conforming goods, services or digital content or services in question on the company’s website.

It is also recommended that the message also include images, videos, or other materials that explain the alleged non-compliance.

If necessary, the company or its partners may ask the buyer for the possibility of having the non-conforming goods, services or digital content or services inspected (e.g. by having the company organize the sending or collection of the goods for inspection at its own expense, via video link or in another appropriate manner).

If the company does not agree with the existence of non-conformity of the goods (or if it does not agree that the consumer who sent the notification to the company has the right to file a warranty claim), the company will notify the consumer in writing within 8 days of receiving the consumer’s warranty claim.

 

What warranty claims for non-conformity are available to the buyer in the event of non-conforming goods?

 

In the event of non-conformity of the goods, the consumer who has notified the company of the non-conformity of the goods is entitled, under the conditions and in the order set out in this section, to:

  • first: requires the company to bring the goods into conformity free of charge,
  • then: requests a reduction in the purchase price in proportion to the non-conformity or withdraws from the sales contract and requests a refund of the amount paid.

The consumer may withhold payment of the remaining part of the purchase price or part of that remaining part of the purchase price until the company has fulfilled its obligations under this section. The consumer shall exercise this right by making a statement informing the company of his decision, as further described in the section above relating to the buyer’s notification to the company.

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 goods, which arise due to the exercise of a warranty claim in relation to non-conforming goods.

The consumer may require the company to bring the goods into conformity free of charge and without significant inconvenience to the consumer, within a reasonable period of time from the moment the company is informed of the lack of conformity, which shall not exceed 30 days, taking into account in particular the nature of the goods and the purpose for which the consumer needs the goods.

The period referred to in the previous paragraph may be extended to the minimum time necessary to complete the repair or replacement, but not more than 15 days. When determining the extended period, the nature and complexity of the goods, the nature and seriousness of the lack of conformity and the effort required to complete the repair or replacement shall be taken into account. The company will inform the consumer of the number of days for which the period may be extended and the reasons for its extension before the expiry of the period referred to in the previous paragraph (usually by e-mail sent to the address from which the consumer notified the company of the lack of conformity).

The conformity of the goods is deemed to have been established free of charge if the company also bears the payment of the necessary costs incurred in establishing the conformity of the goods, in particular the costs of shipping, transport, labor or materials.

 

When can a consumer not choose to have non-conforming goods repaired or replaced?

 

In order to restore the conformity of the goods, the consumer may choose between repair of the goods and replacement of the goods with new, faultless goods, unless:

  • the fulfillment of the selected warranty claim is impossible or
  • the fulfilment of the chosen warranty claim represents a disproportionate cost for the company compared to another warranty claim, taking into account all the circumstances ( i.e. in particular the value that the goods would have had if they were not non-conforming, the significance of the non-conformity and the possibility of securing another warranty claim without significant inconvenience to the consumer).

The company may reject the consumer’s warranty claim to establish the conformity of the goods if repair and replacement are not possible or if they would cause it disproportionate costs, taking into account all circumstances, including those from the previous paragraph.

Where goods which were installed in accordance with their nature and purpose before the lack of conformity became apparent must be removed for the purposes of repair or replacement of the goods, the obligation to repair or replace the goods shall also include the removal of the non-conforming goods and the installation of the replacement or repaired goods or the covering of the costs of such removal and new installation.

 

Reduction of the purchase price and withdrawal from the sales contract in the event of non-conforming goods

 

The consumer may request a proportional reduction in the purchase price or withdraw from the sales contract in any of the following cases:

  • where the company has not repaired or replaced the goods or, where applicable, has not completed the repair or replaced the goods in accordance with the Consumer Protection Act or has rejected the consumer’s warranty claim for the establishment of conformity of the goods in accordance with the sixth paragraph of the previous article;
  • non-compliance exists even though the company has attempted to establish compliance;
  • the nature of the lack of conformity is so serious as to justify an immediate proportional reduction of the purchase price or withdrawal from the sales contract, or
  • the company has stated or it is obvious from the circumstances that the company will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

Notwithstanding the previous paragraph, the consumer may withdraw from the sales contract and request a refund of the amount paid if the lack of conformity occurs within less than 30 days of delivery of the goods.

If the consumer requests a proportional reduction in the purchase price, the reduction in the purchase price shall be proportional to the reduction in the value of the goods received by the consumer compared to the value that the goods would have had if they were in conformity.

The consumer exercises the right to withdraw from the sales contract by making a statement informing the company of the decision to withdraw from the sales contract, as specified in the paragraph above, which refers to the buyer’s notification to the company.

Where the lack of conformity relates only to part of the goods supplied under the sales contract and there is a ground for withdrawal from the sales contract in accordance with the first or second paragraph of this Article, the consumer may withdraw from the sales contract in respect of those goods and any other goods acquired together with the non-conforming goods, if the consumer cannot reasonably be expected to retain only the goods which are in conformity.

When the consumer withdraws from the sales contract due to lack of conformity, the consumer returns the goods to the company at the company’s expense.

The consumer cannot withdraw from the sales contract if the lack of conformity is only minor.

The burden of proof as to whether the non-compliance is insignificant lies with the company.

 

Deadline for refunding the amount paid or part of the purchase price

 

When the consumer withdraws from the sales contract, the company will refund the amount paid to the consumer immediately, but no later than 8 days after receipt of the goods or proof that the consumer has sent the goods back.

When a consumer requests a proportional reduction in the purchase price in accordance with the third paragraph of Article 83 of the Consumer Protection Act, the company shall refund part of the purchase price within 8 days of receiving the request for a proportional reduction in the purchase price.

 

Enforcement of warranty claims in the event of non-conforming services

 

The provisions of this section apply to services from the online offer, unless otherwise provided for by the Consumer Protection Act (or other law or other agreement between the company and the consumer).

In the event of irregularities in the service provided, the consumer who has notified the company of this may:

  • requests free elimination of irregularities in the service provided;
  • requests re-performance of the service;
  • requests a refund of part of the purchase price in proportion to the irregularities in the service provided or
  • withdraws from the contract and requests a refund of the amount paid.

The deadlines set for the company’s liability for non-conformity of goods shall also apply mutatis mutandis to the provision of services, unless a longer deadline is set by a special law or agreement between the company and the consumer.

If the existence of irregularities in the service provided is not disputed, the company shall comply with the consumer’s request from the notice of non-conformity of the service as soon as possible, but no later than within 8 days.

The company shall respond to the consumer’s request in writing no later than 8 days after receipt if the existence of irregularities in the service provided is disputed.

 

Terms and conditions for purchasing digital content or services

 

This section of the General Terms and Conditions governs the purchase and delivery of or access to digital content or services.

The provisions of this section shall not apply, in accordance with the Consumer Protection Act, to digital content or a digital service offered by a website that is included in or interconnected with goods with digital elements and that is provided with the goods in accordance with a sales contract for those goods, regardless of whether such digital content or digital service is supplied by the Company or a third party.

In all such cases, the provisions of the Consumer Protection Act and the relevant sections of these General Terms and Conditions governing the conformity of goods with digital elements and other aspects of the purchase or liability in connection with the purchase of physical goods or goods with digital elements shall apply.

 

Conclusion of a contract for the purchase of digital content or services

 

If the offer includes digital content or digital services available to the buyer at the time of purchase, the buyer may make a purchase in relation to them, whereby a contract for the supply of digital content or digital services is hereby concluded between the buyer and the company in accordance with the provisions of these General Terms and Conditions and to the extent or according to the specification stated in the description of the individual purchased digital content or service.

Under this contract, the company consequently supplies the consumer with the relevant digital content or digital service, as defined in the description of the relevant digital content or service, or as described in more detail below, in return for payment.

In accordance with the Consumer Protection Act, the following are also considered to be contracts for the supply of digital content or digital services:

  • a contract by which the buyer undertakes to provide the company with personal data, unless the company processes the personal data provided by the buyer solely for the purpose of supplying digital content or a digital service in accordance with the aforementioned law or in order for the company to comply with legal requirements to which it is subject, and the company does not process this data for any other purpose,
  • a contract whereby digital content or a digital service is developed in accordance with the consumer’s instructions,
  • and a contract for the purchase of tangible data carriers that serve exclusively as carriers of digital content (e.g. purchase of a CD for installing software, etc.),
  • which is concluded by purchasing or placing an order via the website or its dedicated subpages (e.g. by entering an email address for the purposes of free delivery of digital content or services), whereby such a contract is also governed by the section of these General Terms and Conditions.

 

Functionalities and measures for technical protection of digital content or services or goods with digital elements

 

Individual functionalities and possible technical protections of digital content or services or goods with digital elements are always listed in the description of the digital content or services or goods with digital elements in the website offer.

When providing the above information, the Company may include links to other websites, video content or graphic displays in the descriptions. The Company reserves the right, in the event of technical limitations and other objective reasons, to include in the descriptions only that information which is expected or necessary for the proper use or installation and information of the average consumer in relation to the individual digital content or service or goods with digital elements.

In case of any ambiguity or missing information, the consumer is asked to contact the company at the email address provided at the beginning of this document before placing an order.

 

Supply of digital content or services

 

After successfully completing the purchase (and fulfilling any other conditions that may be stated in the description of the digital content or service in relation to any restriction of content on the dedicated part of the website, if this is stated in the description of the digital content or service or elsewhere in these General Terms and Conditions), the company will provide the buyer without undue delay:

  • either to his email address (or within the dedicated part of the website, if this results from the description of the digital content or service) provide digital content or service in the format specified in its description in the website offer or provide appropriate means for accessing digital content or transferring digital content (e.g. instructions and access data for transferring digital content or service or for accessing content on the dedicated part of the website), so that it will be available to him or accessible to the physical or virtual platform chosen by the buyer for this purpose,
  • either ensure that the digital service is accessible to the customer or is accessible to the physical or virtual platform chosen by the consumer for this purpose.

The means of access or transmission of the digital content or service or the physical or virtual platform for access to the digital content or service by the consumer is deemed to be that which is stated in the description of the digital content or service in question (e.g. “Available for download”, “CD”, “DVD”, “Online download” or expected by the average consumer in relation to the type of digital content or service in question).

If another method of delivery is provided for the digital content or service, this will always be stated in the description of the relevant digital content or service in these General Terms and Conditions.

If delivery in the above-mentioned form is not possible at the time of purchase due to technical or other objective reasons, the company will try to repeat the delivery as soon as possible or will carry it out in another suitable manner, which will be coordinated with the buyer. If the delivery time represents an essential element of the contract for the buyer and there are delays in delivery, the buyer will be able to withdraw from the contract according to the relevant provisions of these General Terms and Conditions, which regulate the procedure in the event of non-conformity of the goods or digital content or services or goods with digital elements.

 

Access to digital content or services and acceptable and serious outages

 

To the extent that part of the website’s offering also enables the purchase or delivery of digital content or services that are only available to the consumer after purchase on a dedicated part of the website, the use and access to such digital content or services may be linked to the payment of a subscription fee or other conditions for the use and access to such streaming content or access to the dedicated part of the website, as will always be previously stated in the description of such digital content or services or in these General Terms and Conditions.

In the event of a serious outage that affects the availability of purchased digital content or services in the dedicated part of the website or the possibility of serious disruptions in accessing purchased digital content ( i.e. the operation of the dedicated part of the website), the company will offer compensation to the affected customers in the form of a refund of the purchase price or a monthly payment in proportion to the serious outage.

In the event of any ambiguities or missing information regarding the possibility of accessing digital content or services, the consumer is asked to contact the company at the email address listed at the beginning of this document before placing an order.

 

Information on the compatibility and interoperability of digital content or services

 

The compatibility and interoperability of digital content or services depends on the individual digital content or service and may be stated as such in the description of the relevant digital content or service.

If the description of an individual digital content or service does not include specific information on compatibility or interoperability , the digital content or service is considered to be compatible or interoperable only with the hardware or software that is usually used with such digital content or service ( i.e. hardware and software and all network connections that the average consumer expects to support the transfer, reading, use and other expected interaction with the digital content or service, such as a CD or DVD or other reader or USB port, programs or plug-ins for working with Word, . pdf files , plug-ins or programs for transferring and playing streaming video content in MP4 or AVI format, H.264 or DivX and Xvid video codecs , and hardware and software for playing .mp3 or . wav audio formats ).

Unless otherwise stated in the description of an individual digital service or content offered on the website, digital content and services are in principle compatible and interoperable with Microsoft and MacOS operating systems and any other environments that support the operation of programs for launching, opening and reading or playing the relevant type of digital content or service (e.g. Android and IOS in the case of digital content or services whose descriptions indicate that they are used or accessed on mobile devices), to the extent that adapted mobile versions of such programs support the relevant format of the digital content or service.

If digital content or services contain special requirements regarding launch, access or use, such circumstances are stated in the description of the relevant digital content or service offered at the time of their purchase or on a dedicated section of the website.

When providing the above information, the Company may include links to other websites, video content or graphic displays in the descriptions. The Company reserves the right, in the event of technical limitations and other objective reasons, to include in the descriptions only that information which is expected or necessary for the proper use or installation and information of the average consumer in relation to the individual digital content or service or goods with digital elements.

In case of any ambiguity or missing information, the consumer is invited to contact the company at the email address provided at the beginning of this document before placing an order.

 

Non-conformity of digital content or digital service

 

In accordance with the Consumer Protection Act, the company supplies the customer with compliant digital content or digital services.

 
Subjective aspects of digital content compliance

 

The digital content or digital service is not in conformity with the contract for the supply of digital content or digital service, as stated in Article 110 of the Consumer Protection Act (e.g. it does not correspond to the description, type, quantity and quality and does not have the functionality, compatibility, interoperability and other characteristics as stated in the contract for the supply of digital content or digital service, etc.).

 

Objective aspects of the conformity of digital content or digital services

 

Digital content or a digital service is also not in conformity when it does not meet the purposes for which digital content or a digital service of the same type is usually used, as stated in Article 111 of the Consumer Protection Act (e.g. it is not supplied together with all accessories and instructions that the consumer can reasonably expect to receive, where appropriate, etc.).

 

Inconsistency of updates to digital content or digital services

 

Updates of the digital content or service are non-conforming if the company does not ensure that the consumer is informed of the updates, including security updates, which are necessary to maintain the conformity of the digital content or digital service with the contract for the supply of the digital content or digital service. The company shall ensure that the updates referred to in the previous paragraph are supplied or made available to the consumer within the period:

  • in which, in accordance with a contract for the supply of digital content or a digital service, digital content or a digital service is to be supplied, where the contract for the supply of digital content or a digital service provides for the continuous supply of digital content or a digital service over a specified period, or
  • which the consumer can reasonably expect, having regard to the type and purpose of the digital content or digital service and taking into account the circumstances and nature of the contract for the supply of the digital content or digital service, where the contract for the supply of the digital content or digital service provides for a single supply of the digital content or digital service or a series of individual supplies of the digital content or digital service.

 

Non-conformity due to incorrect integration of digital content or digital service

 

Any lack of conformity of the digital content or digital service resulting from the incorrect integration of the digital content or digital service into the consumer’s digital environment shall be considered to be a lack of conformity of the digital content or digital service if:

  • the digital content or digital service was integrated by the company or under the responsibility of the company, or
  • the digital content or digital service was intended to be integrated by the consumer and the incorrect integration occurred due to inadequate integration instructions provided by the company.
 
Enforcement of warranty claims in the event of non-conformity of digital content or digital services

 

In the event of a lack of conformity of the digital content or digital service, the consumer may, under the conditions set out in this section:

– requires the establishment of conformity of the digital content or digital service,

– requests a proportional reduction in the purchase price or

– withdraws from the contract for the supply of digital content or a digital service.

The consumer also has the right to claim compensation from the company, in particular if the supplied digital content or digital service causes damage to hardware or other digital content or digital service owned by the consumer and the damage is not caused by the consumer’s actions or omissions. The consumer shall claim compensation in accordance with the general rules on liability for damages.

The consumer may withhold payment of the remaining part of the purchase price or part of this remaining part of the purchase price until the company has fulfilled its obligations under Chapter IV of the Consumer Protection Act – Warranty claims in the event of lack of conformity. The consumer exercises this right by making a statement informing the company of his decision (e.g. as provided for in the section of these General Terms and Conditions on notification regarding the existence of a material defect in ordinary goods).

The consumer’s rights under the first paragraph of this section shall expire within two 2 days from the day on which the consumer informed the company about the lack of conformity of the digital content or digital service.

 

Establishing compliance

 

The consumer may require the digital content or digital service to be brought into conformity, unless this would be impossible or would impose disproportionate costs on society, taking into account all the circumstances of the case, including:

  • the value that the digital content or digital service would have if it were compliant, and
  • the meaning of non-compliance.

The company shall bring the digital content or digital service into conformity in accordance with the previous paragraph within a reasonable time from the moment the consumer informed the company of the lack of conformity, free of charge and without significant inconvenience to the consumer, taking into account the type of digital content or digital service and the purpose for which the consumer required that digital content or digital service.

 

Price reduction or withdrawal from a contract for the supply of digital content or a digital service

 

The consumer may request a proportional reduction of the purchase price in accordance with the second and third paragraphs of Article 83 of the Consumer Protection Act, where digital content or a digital service is supplied against payment of a purchase price, or withdraw from the contract for the supply of digital content or a digital service in accordance with the fourth paragraph of the said Article, in any of the following cases:

  • the establishment of conformity of the digital content or digital service is not possible or is disproportionate in accordance with the first paragraph of the previous article;
  • the company has not established the conformity of the digital content or digital service in accordance with the second paragraph of the previous article;
  • the digital content or digital service remains non-compliant despite the company’s attempt to bring the digital content or digital service into compliance;
  • the nature of the lack of conformity of the digital content or digital service is so serious as to justify an immediate proportionate reduction of the purchase price or withdrawal from the contract for the supply of the digital content or digital service, or
  • the company has stated or it is apparent from the circumstances that the company will not bring the digital content or digital service into conformity within a reasonable time or without significant inconvenience to the consumer.

The value of the proportionate reduction in the purchase price shall be proportional to the reduction in the value of the digital content or digital service supplied to the consumer compared to the value that the digital content or digital service would have had if it were in conformity.

If the contract for the supply of digital content or a digital service stipulates that the digital content or digital service is to be supplied within a certain period against payment of a price, the price shall be reduced for the period during which the conformity of the digital content or digital service was not ensured.

Notwithstanding the first paragraph of Article 83 of the Consumer Protection Act, where digital content or a digital service is supplied against payment of a purchase price, the consumer may withdraw from the contract for the supply of digital content or a digital service only if the lack of conformity is not insignificant. The burden of proof as to whether the lack of conformity is insignificant shall be borne by the company.

The consumer exercises the right to withdraw from the contract for the supply of digital content or a digital service by making a statement informing the company that he is withdrawing from this contract.

 

Refund of payments

 

If the consumer withdraws from the contract for the supply of digital content or a digital service, the company shall refund to the consumer all payments made in accordance with the contract for the supply of digital content or a digital service.

Notwithstanding the previous paragraph, if the contract for the supply of digital content or a digital service stipulates the supply of digital content or a digital service against payment of a purchase price and for a certain period of time, and the conformity of the digital content or digital service was ensured for some time before the withdrawal from the contract for the supply of digital content or a digital service, the company shall refund to the consumer only the proportional part of the purchase price paid, which corresponds to the period during which the conformity of the digital content or digital service was not ensured.

In the case referred to in the previous paragraph, the company shall also refund to the consumer any part of the purchase price paid in advance by the consumer for the period of the contract for the supply of digital content or digital service that would have remained if the consumer had not withdrawn from the contract for the supply of digital content or digital service.

 

Refund deadlines and methods

 

In the event that the consumer asserts a claim for a proportional reduction of the purchase price or for withdrawal from the contract for the supply of digital content or a digital service in accordance with Article 120 or 122 of the Consumer Protection Act, the company shall return the payments received to the consumer without undue delay and no later than 14 days from the date on which the company was informed of the consumer’s decision to assert a claim for a proportional reduction of the purchase price or for withdrawal from the contract for the supply of digital content or a digital service.

The company shall refund the payments received using the same payment method that the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees to another payment method and the consumer does not bear any costs as a result.

The Company does not charge the consumer any costs for the refund of payments received.

 

Use of digital content and digital services

 

After withdrawal from the contract for the supply of digital content or a digital service, the company may not use any content that is not personal data and that the consumer provided or created when using the digital content or digital service supplied by the company, except as provided for in Article 124 of the Consumer Protection Act.

In the event of the consumer withdrawing from the contract for the supply of digital content or a digital service, the company reserves the right, notwithstanding the second paragraph of Article 124 of the Consumer Protection Act and the previous paragraph, to prevent the consumer from any further use of the digital content or digital service, in particular by disabling the consumer’s access to the digital content or digital service or disabling the consumer’s user account.

 

Use of digital content or digital service and return of the tangible medium

 

After withdrawing from the contract for the supply of digital content or a digital service, the consumer shall refrain from using the digital content or digital service and shall not make it available to third parties, for which he may be civilly liable to the company.

If the digital content was supplied to the consumer on a tangible data carrier, the consumer shall, at the company’s request and at the company’s expense, return the tangible data carrier to the company without undue delay.

The company shall submit a request for the return of the material data carrier referred to in the previous paragraph within 14 days from the date on which it was informed of the consumer’s decision to withdraw from the contract for the supply of digital content or a digital service.

The consumer is not required to pay for the use of the digital content or digital service for the period prior to withdrawal from the contract for the supply of the digital content or digital service during which the digital content or digital service was not in conformity.

 

Package contract and withdrawal from the package contract

 

If the purchase includes that the company will offer the buyer in a package, in addition to the elements of the supply of digital content or a digital service, also elements of the provision of other services or goods (i.e. if it is a package contract), the provisions of this section shall apply only to the elements of the package contract relating to the digital content or digital service.

In the event of the customer withdrawing from a specific element of the package contract referred to in the previous paragraph, the customer may also withdraw from other elements of the package contract in question, if the customer cannot reasonably be expected to retain other elements of the package contract. If the customer exercises the option to withdraw from other elements of the contract in accordance with the previous paragraph, he shall not pay the company any costs of termination of the subscription relationship or other administrative costs, contractual penalties, amounts of benefits received or other additional costs.

 

Enforcement of complaints

 

The Company has a system in place for handling complaints regarding goods or services and digital content or services. Regarding any complaint, the visitor or buyer may contact the Company via the email address provided at the beginning of these General Terms and Conditions.

The Company will notify the complainant via email within a reasonable period of time that it has received his/her complaint and will communicate its decision on the complaint in question via the same means within 15 working days. This will conclude the complaint procedure with the Company.

The company will make every effort to resolve any disputes amicably. If an amicable resolution of the dispute is not achieved, the court with exclusive jurisdiction in the place where the company has its registered office (or in the nearest place where there is a competent court) shall have exclusive jurisdiction for the resolution of all disputes between the company and the user or buyer.

Slovenian substantive and procedural law applies to these General Terms and Conditions and to all disputes between the company and the visitor or customer.

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

 

Preliminary information and information provided by the company as an information society service provider

 

The company provides easy, direct and simple access to its data ( i.e. data about its company and registered office, a valid email address for fast and efficient communication, and its personal identification number or tax number, information about its registration in the register with the indication of the register and registration number and the fact that it is or is not obliged to pay value added tax) at the bottom (i.e. in the footer) of the website or at the beginning of these General Terms and Conditions. The company has not published the name of the competent state authority, chamber or other supervisory organization, the name of the professional chamber or association, the professional title and the country in which it was awarded, and has not referred to the valid professional rules of that country and the methods of accessing them, since on the date of entry into force or the last amendment of these General Terms and Conditions, it does not require special permits for its activities or does not perform a profession or activity for which special conditions or mandatory association in chambers or similar associations are prescribed.

 

The company must issue an invoice for the supply of services and deliver it to the customer.

 

Entry into force of these General Terms and Conditions

 

These General Terms and Conditions represent version 1.0 and are valid and applicable from 14. 5. 2025 onwards. 

 

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