General terms and conditions
The general terms and conditions of the company Damijan Miklavič s.p. have been compiled in accordance with the Consumer Protection Act (ZVPot), based on the recommendations of the Chamber of Commerce and Industry and international codes for e-commerce.
The online store www.moto-oprema.si (hereinafter referred to as the “online store”) is operated by Damijan Miklavič s.p. as an e-commerce service provider (hereinafter referred to as the “provider”). Upon registration in the online store system, the visitor receives a username, which is the same as his/her e-mail address, and a password. The username and password uniquely identify the user and are associated with the entered data. By registering, the visitor becomes a user and acquires the right to purchase.
The general terms and conditions of business address the operation of the online store, user rights, and the business relationship between the provider and the buyer.
Information accessibility
The provider undertakes to always provide the buyer with the following information:
- company identity (company name and registered office, registration number),
- contact information that enables the user to communicate quickly and efficiently (e-mail, telephone),
- essential characteristics of the goods or services (including after-sales services and guarantees),
- product availability (every product or service offered on the website should be available within a reasonable time),
- conditions of delivery of the product or performance of the service (method, place and delivery date),
- all prices must be clearly and unambiguously stated and it must be clearly shown whether they already include taxes and transport costs,
- payment and delivery method,
- validity period of the offer,
- the period within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, whether and how much it costs the buyer to return the product,
- an explanation of the complaint procedure, including all contact information for the customer service department or contact person.
Item offer
Due to the nature of online business, the online store’s offerings are updated and changed frequently and quickly. Prices are presented as Regular Prices and Your Prices. Regular prices are usually the manufacturer’s or importer’s recommended retail prices or prices set by the provider itself.
Payment methods
The provider allows the following payment methods in physical stores:
- cash payment
- payment by bank cards
The provider offers the following payment methods when ordering online:
- payment by invoice
- payment via PayPal
- credit card payment via the SaferPay system
- payment via LeanPay system
The provider issues an invoice to the buyer on a durable medium. The purchase agreement (order) is stored in electronic form on the provider’s server and is accessible to the buyer at any time in his user profile (User Account). Alternatively, you can request a printed purchase agreement, which we will send to your address via the Post Office.
Prices
The regular price applies to all members of the online store. Anyone becomes a member by registering in the online store. All prices include VAT, unless expressly stated otherwise. Prices are valid at the time of placing the order and have no predetermined validity. Prices are valid in the case of payment with the above-mentioned payment methods and under the above-mentioned conditions.
Despite our best efforts to provide the most up-to-date and accurate information, it is possible that the price information is incorrect. In this case, or if the price of the item changes during the processing of the order, the provider will allow the buyer to withdraw from the purchase and offer him a solution that will be mutually satisfactory.
The purchase contract between the provider and the buyer is concluded at the moment the provider confirms the order (the consumer receives an email with the status ‘Order confirmed’). From this moment on, all prices and other conditions are fixed and apply to both the provider and the buyer.
Withdrawal from purchase / contract
The consumer (the above applies exclusively to natural persons who acquire goods for purposes outside their gainful activity) has the right to notify the company (to the contact e-mail address info@moto-oprema.si) within 14 days of receipt of the goods that he withdraws from the contract, without having to state the reason for his decision. The buyer is obliged to fill out the withdrawal form and send it to us by e-mail.
The deadline begins on the date of receipt of the goods. In the event of withdrawal from the contract, the buyer covers all costs of returning the goods, and we allow our customers to return the goods to our office in Murska Sobota. The goods must be returned to us no later than 14 days from the date of the notification of withdrawal from the contract. If the consumer has already started using the item or if, in the case of technical products, individual components are opened or assembled, withdrawal from the contract is unfortunately no longer possible.
The received goods must be returned undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or their quantity has decreased through no fault of the consumer. The manufacturer of the item also prescribes its original packaging (in accordance with Article 36 of the Consumer Protection Act). You must return the goods to us in their original packaging, with all seals, as you received them. We do not accept packages with a ransom.
The refund of the purchase price in the event of withdrawal from the contract is always made to the buyer’s bank account. We will refund the purchase price no later than 14 days from the receipt of the notification of withdrawal from the contract. The refund of the purchase price can be extended if we have not yet received the goods.
Factual errors
When is a defect real? When the item does not have the properties that enable its normal use; if the item does not have the properties that are necessary for the specific use for which the consumer is purchasing it, but which was known to the seller; if the item does not have the properties and characteristics that were explicitly or tacitly agreed or prescribed; if the seller has delivered an item that does not match the sample or model, unless the sample or model was shown for the purpose of notification.
When can a consumer exercise his rights under the heading of a material defect? The consumer must notify the seller of the defect within two months of the defect being discovered; the consumer must describe the defect in detail (in writing) in the defect notification and allow the seller to inspect the item.
When is the seller not liable for a material defect? If a defect in the goods becomes apparent after two years have passed since the item was delivered. The defect is deemed to have existed at the time of delivery if it appears within six months of delivery.
What rights does the consumer have? A consumer who has properly notified the seller of a defect has the right to require the seller to remedy the defect in the goods or to refund a part of the amount paid in proportion to the defect, or to replace the goods with new, faultless goods or to refund the amount paid. The consumer’s rights expire two years after the date on which he notified the seller of the material defect.
The right to assert material defects is more precisely regulated by the provisions of the Consumer Protection Act.
Warranty
Products have a warranty if stated so on the warranty card or invoice. The warranty is valid subject to the instructions on the warranty card and upon presentation of the invoice. The warranty periods are stated on the warranty cards or invoice.
Warranty information is also listed on the product presentation page. If warranty information is missing, the product does not have a warranty or the information is currently unknown. In the latter case, the consumer can contact the provider, who will provide up-to-date information.
Delivery
Products ordered by 12:00 will be shipped no later than two business days after the order (delivery terms apply if the goods are in stock). The customer’s confirmation is the confirmed order placement email, which he receives in his email.
If the provider is unable to fulfill its obligation because the goods are not available, it will notify the buyer. The ordered products will be delivered by regular delivery, depending on the buyer’s choice. Delivery costs are calculated according to the delivery price list.
In the event that the provider dispatches the ordered products on time, it is not responsible for the delivery deadline of the contractor being exceeded. Delivery is made to the address provided by the user upon registration or order. In the event that no one is at the address at the time of delivery, the delivery person leaves a notice of the arrival of the shipment or of an attempt to deliver the goods.
Security
The owner and manager of the online store is:
Damijan Miklavič s.p.
Dolga ulica 93, Černelavci, 9000 Murska Sobota
VAT registered: YES
Registration number: 3067483000
Tax number: SI31975119
Damijan Miklavič s.p. is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This privacy statement applies to the moto-oprema.si online store. By using the online store, you consent to the data practices described in this statement.
Consent
By registering on the online store, you agree that the company collects data in the manner and for the purposes described in this statement.
Collection of personal data
Registration
To shop in the online store, the user must register. When registering, the user must fill in personal data or legal entity data. The user must fill in personal account data, payment data, and delivery data.
Personal account information
- Name(*)
- Last name(*)
- Email address (*) (The address must be valid, as you will receive registration information to it. You will also receive a new password to it if you forget your existing one)
- Personal password (*) (Create your own password. For data protection, the password should also contain numbers and characters)
- Repeat password(*)
- Phone(*)
- VAT ID number
Payment information
- Name(*)
- Last name(*)
- Phone(*)
- Company or enterprise
- Title type
- Address 1(*)
- Address 2(*)
- Apartment
- City(*)
- Country(*)
- Province(*)
- Postal code(*)
Delivery information
The fields are the same as for payment information. You can enter different delivery information, or you can indicate that you want to use the same information as for payment information.
The online store may also automatically collect certain information about your computer’s hardware and software. This information includes: IP address, browser type, domain names, access times, and the addresses of websites you visited on our online store. Damijan Miklavič s.p. uses this information exclusively to calculate general statistics about the use of the online store.
Change of personal data
The user can change their personal information, delivery address and payment address at any time by logging into the online store and selecting the My Account option.
User’s right to erasure of personal data
The user may at any time request the deletion of their data from our database. This can be done by sending a message to the company’s email address info@moto-oprema.si or in writing by regular mail.
The user also has the right to delete all data that the company Damijan Miklavič s.p. received from other sources, e.g. through user registrations on the websites Facebook.com or Instragram.com.
Use of personal data
Damijan Miklavič s.p. collects data on the online store in order to ensure the proper functioning of the online store and the provision of requested services. Damijan Miklavič s.p. may also use your data for the following purposes:
- internal market research
- informing customers about new products in the online store
- informing customers about news regarding products or services offered by Damijan Miklavič s.p.
Protection of personal data
The online store is committed to protecting your personal data in accordance with the Personal Data Protection Act. Your data will be used only for internal purposes of Damijan Miklavič s.p. and will not be passed on to third parties.
The provider undertakes to permanently protect all personal data of the user. The provider will use personal data exclusively for the purpose of fulfilling the order (sending information materials, offers, invoices) and other necessary communication. The user’s data will not be passed on to unauthorized persons under any circumstances. The user is also responsible for protecting personal data, namely by ensuring the security of his username and password.
Use of cookies
Cookies are text files that are downloaded to your computer by a web server. Cookies do not contain any information that could be used to determine your identity. Cookies help the server know that you have returned to the online store, which can be used to customize the website for the user. Most browsers automatically accept cookies. If you do not want to accept them or want to be notified before a cookie is downloaded to your computer, you can easily specify this in your browser settings.
Responsibility
Damijan Miklavič s.p. is not responsible for disruptions in the service that are a result of the user’s behavior (e.g. a computer infected with viruses) or providers of the path or infrastructure used by the online store service (e.g. an Internet outage).
Communication
The provider will only contact the user via means of distance communication if the user does not expressly object to this. The user can indicate this during the registration process.
Promotional emails will contain the following components:
- they will be clearly and unambiguously marked as advertising messages,
- the sender will be clearly visible,
- various campaigns, promotions and other marketing techniques will be marked as such. The conditions for participation in them will also be clearly defined,
- The method of opting out of receiving advertising messages will be clearly presented,
- The provider will expressly respect the user’s wish not to receive advertising messages.
Responsibility obligation
The provider makes every effort to ensure that the information published on its website is up-to-date and correct. However, the characteristics of the items, delivery time or price may change so quickly that the provider is unable to correct the information on the website. In such a case, the provider will inform the buyer of the changes and allow him to cancel the order or replace the ordered item.
The provider is not responsible for the content of opinions on articles written by visitors. The provider reviews opinions before publishing and rejects those that contain obvious untruths, are misleading or offensive. The provider is not responsible for the information in the opinions and disclaims any liability arising from the information in the opinions.
Although the provider makes every effort to provide accurate photographs of the items for sale, all photographs should be taken as symbolic. Photographs do not guarantee the properties of the product.
Complaints and disputes
Damijan Miklavič s.p. complies with applicable consumer protection legislation. It also makes every effort to fulfill its duty to establish an effective complaints handling system and to designate a person with whom, in case of problems, the consumer can contact by phone or e-mail. The complaint submission procedure is available on the website, is easy to use and confidential.
The provider will confirm receipt of the complaint within five working days, inform the buyer how long it will take to process it, and keep them informed about the progress of the procedure.
The Provider is aware that the essential characteristic of a consumer dispute, at least as far as judicial resolution is concerned, is its disproportionality between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle to the consumer not initiating a dispute in court. Therefore, the Provider makes every effort to resolve any disputes amicably.
Legal notice
Any copying, reproduction or other distribution is prohibited, except for personal use and non-commercial purposes or with the written consent of the online store owner, in which case all stated warnings about copyright or other rights must be preserved. Each instance of reproduction must contain the mark “©2022 Damijan Miklavič s.p. – All rights reserved””.
