General Terms and Conditions

1. General

These General Terms and Conditions comply with the regulations governing consumer protection, the recommendations of the Chamber of Commerce and Industry of Slovenia, and Internet business and e-commerce codes.

The website is an online shop where the company Perger 1757 d.o.o., Glavni trg 34, 2380 Slovenj Gradec, tax no.: SI15431070 (hereinafter: the Seller) offers products for sale and buyers purchase them.

Based on the buyer’s order of any of the Seller’s products or goods, a relationship of obligation arises between the Seller and the buyer. Any disputes connected to this relationship (due to authenticity of the user’s data, the content of the offer, the subject of the offer and price etc.) are to be resolved solely between the Seller and the buyer. The Seller and buyers on the website accept the form of trade typical of the Internet and that to some extent it is anonymous.

Upon registering in the online shop, a visitor is given a username that is identical to their e-mail address as well as a password that is set independently by the user. The username and password unambiguously distinguish each user and link them to the entered data. Upon registering, a visitor confirms and guarantees they are of full age and hold the capacity to contract. Upon registering, a visitor becomes a user and acquires the right to purchase. Upon purchasing a product, a user becomes a buyer.

These General Terms and Conditions stipulate the operations of the online shop, the rights and responsibilities of the visitor, the user and the buyer as well as the business relationship between the Administrator, the Seller and the user as the buyer of products offered at the online shop.

The name and address of the Seller: Perger 1757 d.o.o., Glavni trg 34, 2380 Slovenj Gradec, Slovenia.

The company is liable to value-added tax (VAT).

VAT ID no.: SI15431070

Company registration no.: 6216293000

2. Availability of information

The Seller agrees to make the following available to the user at all times:

  • information on the Seller’s identity (particularly the name and registered office of the company and the company’s registry number);
  • contact details enabling the user to communicate with the Seller quickly and effectively (e-mail address, telephone etc.);
  • information on essential characteristics of the products or services in the online shop’s offer, including after-sales services and warranties;
  • information on the availability of products or services in the online shop’s offer;
  • method and terms of delivery of products and/or provision of services, especially the place of delivery and date;
  • information on the payment method;
  • information on the time validity of the offer in the online shop;
  • information on the deadline by which withdrawal from the contract is possible and the terms and conditions of withdrawal;
  • information on the possibilities of returning products and whether the user is charged for such a return, including the amount of such charge;
  • and information on the handling of a user’s complaint and data on the Seller’s contact person at a user helpdesk.

3. Product offer, time of delivery and acceptance

Due to the nature of online business, the product offer in the online shop changes rapidly and is often updated.

Products that are in stock are delivered to a Slovenian address within 2 working days, except if the Pošta Slovenije postal service provides a late delivery to a specific address (see item 11). Other products are delivered to a Slovenian address within the time period stated near each product in the online shop. Every product in the online shop is available within a reasonable period of time.

When placing a purchase order, the user can select from the following acceptance options:

  • personally at the company’s registered office; no postal costs are charged; or
  • by post with cash to be paid on delivery; postal costs are charged.

4. Payment methods

The Seller provides the user with the following payment methods for products purchased in the online shop:

  • by cash upon acceptance; the online price applies (see item 5);
  • by PayPal payment or credit card; and
  • by credit card.

Payment using a payment or credit card and payment by instalments is only possible if the data in the user’s profile are the same as for the holder of the payment or credit card.

The payment transaction is not completed until the order has been dispatched.

5. Prices

The online price applies to all registered users of the online shop. Extra charges may be added to the online price, depending on the selected payment method (see item 4).

All prices in the online shop perger1757.si are stated in EUR and include value-added tax (VAT). All prices in the online shop are product prices and do not include the costs of delivery (see items 3 and 10). All prices apply only to products in the online shop that are ordered electronically.

All prices are valid at the time of placing the order and their validity is not predetermined; namely, they remain valid until modified. Despite the Seller’s efforts to provide regularly updated and accurate information, information about the price may be incorrect. If the price is incorrect in the manner described in the previous sentence or the product price changes during the time the order is being processed, i.e. between the time of placing the order and the time of confirming it, the Seller will:

  • notify the user (buyer) thereof and inform them about the new price. The user (buyer) will be entitled to change their order or cancel it partly or in full or confirm the order with the new price, all without any additional handling costs;
  • enable the user (buyer) to cancel the purchase and offer them a solution to mutual benefit and satisfaction.

The offer of the Perger 1757 online shop changes fast and is often updated. Prices are presented as regular prices and discount prices. Products at a discount price are clearly marked, showing both the regular price (crossed out) and the discounted price.

The prices in the Perger 1757 online shop are the same for registered members and visitors. All prices include VAT. All prices are valid at the time of placing an order and their validity is not predetermined.

6. Purchase procedure

6.1. Technical steps for concluding a sale and purchase contract

In the purchase procedure, the user (buyer) follows these technical steps:

  • registering in the online shop with an e-mail address or user password if the user (buyer) has already opened a user account (see also item 1);
  • searching for a product in the online shop’s offer;
  • selecting the product to be purchased;
  • adding the selected product to the shopping cart;
  • marking the quantity of the product in the shopping cart;
  • checking the price of the selected product in the set quantity, including the amount of tax, if applicable;
  • selecting the delivery method (also see items 3 and 10);
  • selecting the payment method (also see item 4);
  • reviewing the order, including the delivery method and the charged delivery costs, if applicable; and
  • confirming and placing the order and thus completing the purchase (also see items 6.3 and 6.4).

6.2. Technological means for identifying errors and making corrections before placing an order

Before placing an order, the user (buyer), with prompt use of the graphic user interface, can effectively, simply and easily:
check which products have been selected and added to the shopping cart;

  • check the price of each product and the total price of the selected quantity of a product;
  • change the selected quantity of a product, whereby the price of the changed quantity is recalculated;
  • remove any products no longer wanted from the shopping cart; and
  • calculate the charged tax based on the tax rate that applies to the selected product and its price (tax base).

Before confirming an order, the user (buyer), with prompt use of the graphic user interface, can effectively, simply and easily:

  • modify the selected delivery method;
  • modify the selected payment method; and
  • review and confirm individual modifications.

6.3. Order accepted

After placing an order, the user (buyer) receives from the Seller an e-mail notification that the order was accepted. Within 1 hour of receiving this notification, the user (buyer) has the right to cancel the order without any consequences. After placing an order, the user (buyer) cannot modify the content of the order, but only cancel it. Detailed information about the status and content of each individual order is available to the user (buyer) at all times in their profile on the website.

6.4. Order confirmed

If the user (buyer) does not cancel the order, it is processed. The Seller reviews the order after receipt, checks the availability of the ordered products and either confirms the order or rejects it with a reason. The Seller can contact the user (buyer) by telephone using the contact telephone number provided to check information or ensure the accuracy of delivery. Upon confirming the order, the Seller sends an e-mail notification to the user (buyer) to inform them about the scheduled delivery date. At this point, the sale and purchase contract for the ordered products is irrevocably concluded between the user (buyer) and the Seller (see item 7).

6.5. Goods dispatched

The Seller packs the ordered products by the agreed deadline, sends the package to the user (buyer) and notifies them thereof by e-mail. In the e-mail notification referred to in the previous sentence, the Seller instructs the user (buyer) about the policy on returning products and informs them about contact persons in the case of a complaint or late delivery.

7. Sale and purchase contract

The Seller issues the user who has purchased a product in the online shop with a written invoice, specifying the costs and providing instructions on the user’s right to cancel the purchase and return the product, if necessary and possible. The sale and purchase contract (order) is stored in electronic form on the Seller’s server and available to the user (buyer) at any time within their user profile. The sale and purchase contract is concluded in the Slovenian language.

The sale and purchase contract between the Seller and the user (buyer) is concluded at the time the Seller confirms the order (see item 6.2). From that moment on, all prices and other terms of purchase are fixed and apply to the Seller and the user (buyer).

8. Right to withdraw from a purchase, product returns

When a contract is concluded remotely, the buyer has the right to inform the company within 14 days of receiving the goods about their withdrawal from the contract, without having to state the reason for their decision. The buyer must return the goods within 14 days of the date of the notification of withdrawal from the contract.

The only cost borne by the buyer in relation to withdrawal from the contract is the direct cost of returning the goods.

Please inform us in writing about any intended return of goods at our contact e-mail: info@perger1757.si.

The notification on withdrawal from the purchase must be an unambiguous statement that makes it clear the buyer is withdrawing from the contract. It is considered that the buyer has submitted a statement of withdrawal in due time if they send it within the period allowed for withdrawal stated in the contract. The burden of proof regarding enforcement of the right to withdraw is borne by the buyer.

All products that can be purchased from the Seller www.perger1757.si are of such a nature that they can be returned by post, provided they are not damaged.

The Seller must reimburse the payments forthwith or no later than 14 days after receiving the notification on contract withdrawal. The Seller returns any payments received to the buyer using the same payment means as the buyer, except if the buyer expressly requests that another payment means be used and if the Seller does not bear any costs due to this.

The returned goods must be received undamaged and in the same quantity, except when destroyed, damaged, lost or their quantity is reduced through no fault of the buyer.

The buyer must not freely use the goods in the period before withdrawing from the contract; they only have the possibility to reconsider the purchase owing to the nature of the online shop (remote contract).

Unless agreed otherwise by the contracting parties, the buyer is not entitled to withdraw from the contract:

  • on the supply of sealed goods that are unsuitable for return due to health protection or hygienic reasons if the buyer broke the seal after receiving the goods; and
  • on goods whose price depends on market fluctuations that lie beyond the company’s control and which could arise in the contract withdrawal period.

9. Material and/or hidden defects

The Seller must deliver goods to the buyer according to the contract and is held liable for material defects.

The buyer must inform the Seller and provide a detailed description of the defect to info@perger1757.si or +386 2 88 41 496.

The buyer may lodge a complaint with the Seller regarding a material defect within 2 months of discovering the material defect and/or within 2 years from the date the buyer accepted the goods.

The Seller will ensure that all products contained in the complaint are replaced or that the purchase price is returned to the buyer’s transaction account. When enforcing related rights, the buyer must describe in detail the defect in their notification of defect and allow the Seller to inspect the defective product. If the defect is indisputable, the Seller must as soon as possible but no later than within 8 days fulfil the buyer’s request. If the defect is disputable, the Seller must reply to the buyer in writing within 8 days. The Seller reserves the right to reject the complaint in the event:

  • the returned goods were damaged by the buyer;
  • the returned goods no longer have a safety seal or are not in the original packaging; and
  • the Seller discovers the product is damaged or useless as a result of the buyer’s inappropriate use.

The buyer may, at their own discretion, request: elimination of defect, reimbursement of the paid amount in proportion to the defect, replacement of the goods or reimbursement of the full amount.

A defect is considered material if:

  • goods do not have the qualities required for their normal use or trade;
  • goods do not have the qualities required for a special use for which the buyer has bought them and which is known to the Seller and/or should have been known to them;
  • goods do not have the qualities and distinctive features that were expressly or tacitly agreed on or prescribed; or
  • the Seller delivered goods that do not match the sample or model, except if the sample or model was displayed for information purposes only.

10. Delivery

The Seller will deliver the ordered goods to the user (buyer) within the agreed period. The Seller’s contracting partner for parcel delivery is Pošta Slovenije. The Seller reserves the right to choose another delivery service if this means more effectively fulfilling their order.

11. Safety

The Seller and the Administrator use appropriate technological and organisational means for securing the transfer and storing of personal data and payments. For these purposes, a 128-bit SSL certificate is employed, issued by a duly authorised organisation.

Safe authorisations and credit card transactions are provided by Paywiser. Credit card authorisations are implemented in real time, with the prompt verification of data with banks. Card data are not stored on the Seller’s server.

The user is also held responsible for ensuring security; namely. they must ensure the security of their username and password as well as of appropriate software and anti-virus protection in their computer.

12. The right to be informed

The user has the right to receive free information about personal data retained by the Seller as well as the right to request the deletion of such data. If users have any questions regarding the deletion, processing or use of their personal data, they should contact info@perger1757.si or send the Seller a request by standard mail.

Notifications on order status: The Seller reserves the right to notify the buyer by SMS (at telephone number provided) when an order has been dispatched and when the goods have not been accepted within 3 to 5 days. If goods are not accepted after 5 days, the Seller reserves the right to call the buyer on the telephone number provided to remind the buyer to accept them.

Notifications: After a user has subscribed to the Seller’s mailings, their name, telephone number and e-mail address will be used, based on their permission, for promotional purposes until the subscription is cancelled. A user only subscribes to the Seller’s mailings if they tick a special subscription box upon placing an order.

In the case a user enters their e-mail address in Facebook or in the form available on the homepage of perger1757.si, through which a user receives discount coupons for their order, their e-mail address will be stored for the purpose of informing the user about special offers and promotions in the Seller’s online shop. Users may unsubscribe from the Seller’s mailing list at any time by sending an e-mail to info@perger1757.si or clicking ‘Unsubscribe’ at the bottom of the Seller’s promotional e-mails.

Such promotional e-mails will include the following:

  • they will be clearly and unambiguously marked as advertisements;
  • the sender will be clearly visible;
  • different special offers, promotions and other marketing techniques will be marked as such and the terms and conditions for participating in them will be clearly stipulated;
  • the option ‘Unsubscribe’ will be clearly stated; and
  • the Seller will expressly comply with the user’s request to not receive advertisements.

13. Online safety of children

The Seller does not accept orders in the online shop from someone they know or suspect to be a child without the explicit consent of their parents or guardians. The Administrator and the Seller do not provide free access in the online shop to products or services that are harmful to children.

The Administrator and the Seller will not, without the explicit consent of their parents or guardians, accept any personal data related to children and will not disclose any data received from children to third persons, except their parents or guardians.

Any communication intended for children will be suitable for their age and will not take advantage of children’s trustfulness, lack of experience or sense of loyalty.

14. Privacy Policy

The Privacy Policy is a constituent part of these General Terms and Conditions.

15. Users’ opinions and product ratings

Opinions, comments and product ratings made by users or visitors are part of the online shop’s functionalities and are intended for the user community.

The Seller and the Administrator are not responsible for the content of the opinions, comments and product ratings made by users or visitors. The Administrator reviews the opinions, comments and ratings before publication and rejects those which are utterly untrue, misleading, offensive or obscene or which, in the Administrator’s opinion, do not bring any benefit to other users or visitors of the online shop. The Seller and the Administrator are not responsible for the information contained in the opinions, comments and ratings, and absolve themselves of any liability resulting from such information.

By posting an opinion, comment or rating, the user or visitor expressly agrees with the terms of use and allows the Administrator to publish part of or the full text in any electronic and other media. The Administrator has the right to use the content of the opinion, comment or rating without any time limitations and for any purpose which serves the Administrator’s business interest, including publication in advertisements and other marketing communications. The author of the opinion, comment or rating at the same time states and assures that they are the holder of the material and moral author’s rights related to the written opinions, comments or ratings and that they transfer such rights for free, non-exclusively and without any time limitations to the Administrator.

16. Responsibility

The Administrator makes their best efforts to ensure the up-to-datedness and accuracy of information published in the online shop, although the properties of products, delivery times or prices can change so quickly that the Administrator is unable to modify the data published in the online store in due time. In that case, the Administrator or Seller will inform the user (buyer) about the changes and enable them to cancel or change the order (see item 5).

As of the moment the package containing the ordered products is submitted to the post office, the Seller is not responsible for any physical damage, destruction or loss of the package nor for the lack of content in the package, neither if the package shows signs of having been opened. In such cases, the user (buyer) must start the complaint procedure with the delivery service of Pošta Slovenije. In the case the package is damaged, the buyer must bring it to the nearest post office in the same condition as it was received, without adding or removing anything, and fill out the complaint report. Together with the delivery service of Pošta Slovenije, the Seller will ensure that the complaint is resolved within the shortest time possible.

17. Complaints, disputes and applicable law

The Seller abides by the applicable regulations governing consumer protection. The Seller has in place an effective system for resolving complaints and has appointed a person to be contacted by the user (buyer) via telephone or e-mail in the case of any problems. In the event of a problem, the user (buyer) can ask for help by contacting the telephone number: +386 2 88 41 496. The user (buyer) can file a complaint at the following e-mail address: info@perger1757.si. The complaint resolution procedure is confidential.

The Seller will confirm within 5 working days receipt of the complaint and inform the buyer about the period for resolving thereof as well as promptly inform them of the progress of the procedure. The Seller will make its best efforts to solve any disputes amicably. If an agreement cannot be reached, all disputes between the Seller and the user (buyer) will be referred to the court holding appropriate subject-matter jurisdiction in Ljubljana. The Seller and the user (buyer) as participants in electronic commerce mutually recognise the validity of electronic messages in court.

On 14 November 2015, the Out-of-Court Resolution of Consumer Disputes Act (Official Gazette of the RS, no. 81/2015; hereinafter ZIsRPS) entered into force. The ZIsRPS governs the out-of-court resolution of domestic and cross-border disputes between companies and consumers with the assistance of an out-of-court consumer dispute resolution mediator (hereinafter: OCDR mediator).

The Seller does not acknowledge any OCDR mediator as competent for resolving a consumer dispute that a private user could initiate in accordance with the Out-of-Court Resolution of Consumer Disputes Act.

The Seller operates the online shop in the territory of the Republic of Slovenia and on its website publishes a link to the platform for online consumer dispute resolution (SRPS):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

These General Terms and Conditions and all disputes between the Seller and the user (buyer) are subject to Slovenian substantive and procedural law, whereby the rules of international private law that refer to the application of any other law do not apply.

All relations as well as rights and obligations not stipulated in these General Terms and Conditions are governed by the provisions of the Code of Obligations, the Electronic Commerce Market Act, the Personal Data Protection Act and the Consumer Protection Act.

18. “Be Smart, Insist on a Receipt”

The Seller must issue a receipt for the supply of goods or provision of services and present it to the buyer. The buyer must take the receipt and keep it directly after leaving the business premises.

19. Amendments to the General Terms and Conditions

In the case of any amendments to the regulations governing the operations of online shops, data protection and other areas related to the operations of the Administrator’s online shop as well as in the event of any changes in the business policy, the Administrator may amend and/or supplement these General Terms and Conditions and must promptly inform users of such in a suitable manner, including mainly notification via the website www.perger1757.si. Any amendments and/or supplements to the General Terms and Conditions enter into force and start applying after 8 days the amendments and/or supplements were published. If an amendment and/or supplement to the General Terms and Conditions is necessary to ensure compliance with the regulations, such amendments and/or supplements can exceptionally be enforced and become applicable within a shorter period of time.

A user who does not agree with the amendments and/or supplements to these General Terms and Conditions must within 8 days of the publication of the notification of amendments and/or supplements to these General Terms and Conditions cancel their registration; otherwise, it is considered, beyond the above deadline, that the user agrees with the amendments and/or supplements to the General Terms and Conditions and no proof claiming the contrary will be accepted. The user cancels their registration by sending a written notification of cancellation to the e-mail address info@perger1757.si.

The General Terms and Conditions were approved by the Director of the Administrator and the Seller in Slovenj Gradec on 1 February 2019.

We wish you a pleasant and wallet-friendly shopping experience at our online shop!