General terms and conditions
Company information
Fruitllux, Tanja Kožman s.p.
Ogrinova ulica 31, Lavrica,
1291 Škofljica, Slovenia
Identity number: 9028927000 SI
Tax number: 97760170
VAT person: NO
Email address: info@fruitllux.com
The general business terms and conditions (hereinafter referred to as the general terms and conditions) of the company Tanja Kožman sp (hereinafter referred to as the Company) are an integral part of all contracts between the Company and buyers of products (hereinafter referred to as: customers) who do business with the Company. The provisions of the general terms and conditions also apply to all offers, preliminary invoices, preliminary contracts, legal and commercial statements and other services arising from business between the Company and the customer. The relevant general terms and conditions of business are drawn up in accordance with the Consumer Protection Act (ZVPot), the General Regulation on the Protection of Personal Data (GDPR), the Personal Data Protection Act in force and the Electronic Communications Act (ZEKom-1). The subject general business conditions determine the operation of the Company's online store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.
Use of concepts:
A customer is a natural or legal person who is in a legal-business relationship with the Company, regardless of its legal or status form. A consumer is any customer who is a natural person and acquires or uses the Company's goods or services for personal purposes or for purposes outside their professional or gainful activities. An offer is a uniform term for an offer in various forms, a preliminary invoice or another form of proposal for the conclusion of a contract, which the Company offers to the customer. The contract is an agreement in written form concluded between the Company and the customer. The conclusion of the contract is also considered to be an offer or a preliminary invoice that the Company sends to the customer and that the customer accepts or confirms. The subject general terms and conditions are an integral part of every contract. The subject of the contract is goods from the Company's sales catalog. With regard to informing the customer about the delivery, conclusion, withdrawal or change of the contract and all other information, the broadcast theory applies. This means that the date of notification to the customer is considered to be the date when the Company sends the notification via a communication medium. All notifications to customers relating to the delivery of the subject of the contract, the conclusion or withdrawal from the contract and other information are given by the Company via e-mail to the address that the client intervened. The company also informs via regular mail, telephone or in another way agreed with the customer. The company undertakes to provide the following information at all times on its website: data on the company's identity (company name, registered office, registration number and tax number, data on registration in the register with the indication of the register and the registration number), contact data (e- postal address), information on the basic features of products and services (including information on after-purchase services and guarantees), information on product availability, delivery conditions (method, location and date of delivery), unambiguously stated prices, including information on additional taxes and transport costs, payment and delivery methods, period of validity of the offer, terms and deadlines for withdrawing from the contract, information on responsibility for material errors and information on the appeals procedure. The company undertakes not to set any contractual conditions that would be unfair to the consumer , in accordance with the provisions of ZVPot. Unfair contract terms are void. The Company's working hours are: Monday-Friday: 9 a.m. to 3 p.m.; Closed on Saturdays, Sundays and holidays.
Application of the general terms and conditions of business
The subject general conditions take precedence, i.e. they fully replace missing, different and conflicting contractual provisions between the Company and the customer. The subject general conditions replace any general conditions and other customer documents, unless the Company expressly excludes the use of the subject general conditions in writing. The subject general conditions constitute an integral part of the contracts concluded between the client and the Company. By signing the contract or otherwise entering into a contractual relationship, the customer fully agrees to the content of the subject general terms and conditions. The customer hereby expressly acknowledges that the Company's general terms and conditions apply exclusively to all mutual legal relationships. If the customer wants to do business with the Company and enter into contractual relations with it, it is obliged to accept the relevant general conditions in their entirety and in the form in which they are. The customer waives the possibility to influence the content, form and individual contractual provisions of the general terms and conditions. In addition to the general legal regulations, the relevant general conditions apply as a separate special act. The relevant general terms and conditions are available at the following link: https://fruitllux.com/splosni-pogoji-poslovanja. By signing a contract or other legal act, the customer is considered to be fully aware of the content of the relevant general terms and conditions. The submission of a valid order in the Company's online store is also considered to be the signing of the contract. The relevant general terms and conditions bind the consumer only if he was expressly warned of their existence before concluding the contract, estimate, preliminary contract or offer. The consumer must be aware of all the possibilities to familiarize himself with the general terms and conditions in full, in an understandable and accessible way.
Changes to the general terms and conditions of business
The company undertakes that any change to the general terms and conditions of business will be published on the website https://fruitllux.com with the effective date of the change. The general terms and conditions are binding in the form and with regard to the content that was accessible to customers on the day the contract was concluded. possible changes to the general conditions, the changes become binding for the customer from the day they become aware of them. The customer is considered to be aware of the changes at the moment of publication of the change on the website https://fruitllux.com and upon receipt of notification of the change. With this, it is considered that the customer agrees to the change of the general terms and conditions. If the customer declares that he does not agree with the changed terms of business, the Company has the right to withdraw from the contract. In the event that an individual provision in the contract or general terms and conditions is invalid or unenforceable, or if a legal gap arises, this does not affect the other provisions in the contract or general terms and conditions, whereby the contracting parties agree that instead of the invalid or unenforceable or non-existent provisions, the provision that is closest to the purpose or objective of the contract applies.
Conflict of Laws
In the event that the subject general terms and conditions conflict with other general terms and conditions of the Company, the provision that is more special in the specific case shall be applied. The company and the customer may exclude the application of individual provisions of the subject general terms and conditions if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract .If the subject general conditions are in conflict with consumer protection regulations, the relevant consumer legislation is used in this part.
General provisions
The customer is obliged to inform the Company of all information and facts that are important for the establishment and continuation of the legal business relationship, with particularly important information being the change of the customer's place of residence or headquarters, a change in the customer's ownership structure, a change in the legal organizational form of the customer, the occurrence of a situation that indicates to the insolvency (inability to pay) of the customer, regardless of whether the legal conditions for the introduction of bankruptcy or compulsory settlement are given and other data, events and conditions that may affect the legal business relationship between the Company and the customer. The Company collects some personal data of customers . The types of personal data, the purposes of their processing and the legal basis for processing are governed by the document Privacy Policy, which is an integral part of the general terms and conditions of business. Customers can familiarize themselves with the Privacy Policy on the Company's website https://fruitllux.com/politika-zasnobesti/The Company strives to ensure that information and data within the online store are up-to-date. In the case of advertising messages and product descriptions in the Company's online store, there may be minor deviations regarding the actual characteristics of the product, which do not bind the Company. The company is bound by all statements regarding the characteristics of the goods that are included in the concrete offer or contract. The company reserves the right to change the specifications or information from the previous point, without prior notice to the customer, and the specifications and information are binding only if they are specified in the contract. warranty conditions. Prices in advertising messages are indicated in euros and do not include VAT.
Prices
The prices shown on the Company's web address may change without prior notice. When dealing with consumers, the prices stated in the Company's price list do not include VAT. price. If the final price cannot be calculated in advance due to the nature of the goods or service, the Company will inform the customer of the method of calculating the final price. In the case of concluding a contract for an indefinite period, the final price that the Company will give to the customer will include the total costs for each billing period. Prices are binding from the moment the Company sends the customer an e-mail regarding order confirmation. In the event that the price information is incorrect or the prices change during the processing of the order, the customer has the right to withdraw from the contract. The prices listed at the time of submitting the product to the shopping basket are valid, but not longer than 3 days, which is also the maximum time from the submission of the product to the basket until the confirmation of the order (hereinafter: "reserved price"). The seller reserves the right to arbitrarily shorten the time of the reserved price in the case of special promotional offers, introduction of new products or promotional campaigns, which he indicates at the promotional or promotional price of the individual product. The online store system receives an automatic message from the online store system to the registered user's e-mail address or GSM number before the expiration of the reserved price period, about the imminent expiration of the reserved price of the individual product that he has added to the basket. its confirmation is stored electronically in the database and stored on the Company's server. The contract is available to the customer upon written request. In the case of product delivery, the standard packaging is included in the price of the product, and additional transport packaging and the costs of transporting the goods are additionally charged by the Company at the price specified in the Company's price list or at the price agreed upon by the Company and client.
Payment methods
The company enables payment for products and services in the following ways: payment Payment via electronic payment providers Stripe and Paypal with payment (bank or credit) cards (MasterCard, Visa, American Express). The security of personal data and payments is in the domain of payment service providers. For everything else, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
Invoicing
The company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the e-mail address that the customer provides when placing the order on the Company's website. At the customer's request, recorded under the notes when placing the order. The company attaches a printed copy of the invoice to the ordered products. It is the customer's duty to review all the data and specifications of the order before executing the order. Objections made later regarding the irregularity of issued invoices are not relevant.
Ownership
All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued written permission to use this material. In the event that the Company issues consent for the use of this documentation, the customer undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation are prohibited without the written consent of the Company. The customer agrees and is expressly informed that the aforementioned documentation constitutes a business secret of the Company. Unless otherwise agreed in the contract between the Company and the customer, the Company acquires ownership, copyright and related rights on all documents that are necessary or provided in connection with the conclusion and/ or performance of the contract.
Business secret
Contracts concluded between the Company and the customer are business secrets. Business secrets are also all information that the Company provides to the customer before the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial information, etc. The customer undertakes to keep the Company's business secrets for the entire duration of the contractual relationship. The customer must keep data, the disclosure of which could seriously harm the Company, as a business secret for 5 years after the end of the contractual relationship. In case of breach of trade secrets, the customer is liable for damages and criminal charges. The contracting parties can agree on exceptions to these provisions in the contract.
Limitation of liability
The company tries to ensure the correctness of the data published in the online store. Product features, delivery time or price can change so quickly that the Company is unable to correct the data in the online store. In this case, the Company will inform the customer of the changes and allow him to withdraw from the order or exchange the ordered goods. Photographs do not guarantee the characteristics of the goods. The company strives to provide accurate photos of the products for sale, but all photos should be taken as symbolic. The company reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all orders placed during the period of technical problems. In such cases, the Company will immediately inform the customer about technical problems and provide instructions regarding further procedures. Before visiting the Company's website, the customer must at his own risk ensure the security of his technical means for accessing the website and the security of user names and passwords on the website. The Company reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer available. , if an increased payment risk of the buyer is established or if there is an obvious error in the price list. In all such and similar cases, the customer will be notified immediately by the Company of possible withdrawal from the contract. The Company reserves the right to withdraw from the contract if a substantial error is found in accordance with Article 46 of the Code of Obligations. A mistake in the essential properties of the goods and all mistakes which are considered essential according to the customs of the trade or according to the intention of the customers, and the Company would not have entered into the contract if it had been aware of them, are considered essential errors. This also includes obvious pricing errors.
Complaint handling and dispute resolution
The law of the Republic of Slovenia shall be used exclusively for the interpretation of these sales conditions or contracts concluded between the Company and the customer. The contracting parties undertake to resolve all disputes in a peaceful manner, and in case of exhaustion of all out-of-court ways to reach an agreement, the local competent court in the Republic of Slovenia is responsible for resolving the dispute based on the Company's headquarters. In accordance with the legal regulation, the Company does not recognize any provider of out-of-court resolution of consumer disputes as responsible for resolving a consumer dispute that the consumer could initiate in accordance with the Act on out-of-court resolution of consumer disputes. The provider, which as a provider of goods and services facilitates online trade in the territory of the Republic of Slovenia, publishes an electronic link to the online resolution platform on its website of consumer disputes (SRPS). The platform is available to consumers at the following URL address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL The aforementioned regulation comes from the Act on Out-of-Court Settlement of Consumer Disputes, Regulation (EU) no. 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2016/2004 and Directive 2009/22/EC. The company complies with applicable consumer protection legislation. The company provides an efficient and confidential complaint handling system. The complaint must be sent to the e-mail address info@fruitllux.com. The company will confirm receipt of the complaint within 5 working days and inform the customer about the progress and duration of the complaint procedure.
The Company's withdrawal from the contract
In case of violation of the terms of the contract or these general conditions by the customer, the Company has the right to withdraw from the contract without further notice to the customer. In such a case, the Company returns any amounts paid to the customer's transaction account. The Company also has the right to withdraw from the contract if the customer, who is not a consumer, becomes insolvent or unable to pay, or if funds have been blocked on the business account for more than 15 days, if forced settlement or bankruptcy proceedings are introduced or merely proposed. The Company has the right to withdraw from the contract if the customer does not fulfill his obligations, if the customer provides the Company with false information that makes it difficult or impossible to fulfill the contract and if he does not pay his obligations in accordance with the contract and these general conditions.
ONLINE SALE OF PRODUCTS
User registration
Customers without registration can purchase products online. Customers are allowed to create their user account with a password at the same time when placing an order. The username is the same as the e-mail address that the user provided during the order submission process.
Order submission process
In the "store" section on the website, the user can select the "add to cart" option by clicking. The system then issues a notification about the successful addition of the product to the basket of desired goods. When the system registers the added product in the cart, the user can click on the corresponding "Show cart" button to continue with the payment process or continue visiting the store. If the user wants to remove a specific product or service from the shopping cart, he can do so by clicking on the × icon at the selected product. If the user wants to add new products to the basket, he does so by clicking on the link to the store and repeating the procedure from the transition article. After confirming the shopping basket with the selected products, the system redirects the user to the form with the customer's or customer's data. To execute the order, the user must fill in all fields correctly. The system allows the user to save the data from the form in the user's profile for future orders. The user can choose between the payment methods listed above. The user can indicate that he wants to pick up the item of the order at the Company's business address, or he can choose delivery by the GLS delivery service. Before submitting the order, the user can check and, if necessary, correct all the entered data related to the order, which the system displays after successful confirmation of all the previous stages of the process. The user confirms the order by clicking on the "COMPLETE PURCHASE" button, thereby committing to fulfilling the contract and confirming that he is obligated to pay. If the order is successfully submitted, the system displays the order number. The purchase agreement (order) is stored in electronic form on the Company's server, and the customer can obtain a copy by requesting an e-mail to: info@fruitllux.com. After successfully submitting the order the user receives a confirmation of receipt and confirmation of the order to his e-mail address. The registered user can access information about the content of the contract and the status of the order in his user profile at any time. In order to check the specified user data and the accuracy of the order, the Company can contact the user on his phone number .
Delivery conditions
Delivery is possible in the EU area. The ordered goods will be sent within 1 to 2 working days. Products for which a longer delivery period is explicitly stated on the website will be delivered within the latter period. In the event that the Company is unable to ship the goods within the promised time due to unforeseen reasons, it will notify the customer of the new delivery time through the provided contact information. The company will endeavor to do everything necessary to ensure that the goods are delivered as quickly as possible and that the customer is regularly and regularly informed of possible delivery delays by the supplier. In the event that the customer does not receive the ordered goods within the agreed period, the company must call for the fulfillment of the obligation and set an additional deadline for fulfilling obligations. If the Company does not deliver or fulfill its obligations even within the additional period, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of the goods. The Company is not responsible for the delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fire, floods and other natural disasters, import or export embargoes or any other similar reasons or reasons of force majeure over which the Company cannot influence. due to the above-mentioned reasons for delay, the delivery time is interrupted for the duration of the influence of the mentioned conditions from the previous article, and after the end of the influence of such conditions, the deadlines run forward.
Receipt of goods
The subject of the contract must be fulfilled in the place agreed in the contract or offer. If the place of fulfillment is not specified in the contract or offer, the Company and the customer can agree on this subsequently. The customer is obliged to take over the object of the contract no later than 14 days after receiving a written request from the Company, in accordance with the previous points regarding the place of delivery/fulfillment. In the case of delivery goods via partner delivery services, the customer is obliged to accept the goods in accordance with the terms and conditions of the delivery service.
Rights and obligations of consumers - the consumer's right to withdraw from the contract
In accordance with the Consumer Protection Act, the consumer has the right to inform the Company that he withdraws from the contract within 14 days of taking over the goods, without having to give a reason for his decision. The term begins to count one day after the date of receipt of the goods. Withdrawal from the contract is communicated by the consumer to the seller's e-mail address info@fruitllux.com or in another way, which is enabled by the Company's other contact information. The consumer must clearly and unequivocally state the will to withdraw from the contract . If the consumer decides to use the withdrawal form, the Company immediately sends the consumer a confirmation of receipt of such withdrawal form on a permanent data carrier by e-mail. In case of withdrawal from the contract, the consumer either returns the received goods or sends them to the Company's address. The buyer must return the goods to the company no later than 14 days after notifying the Company of the withdrawal from the order. The consumer is only responsible for the reduction in the value of the goods, if the reduction in value is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods. If the consumer withdraws from the contract, the Company will return the received payments to him without undue delay using the same means of payment as was used in the execution of the original transaction, unless the consumer has explicitly requested the use of another means of payment and if the Company does not incur any additional costs as a result. The Company refunds the purchase price and all other payments no later than 14 days after receiving the notice of withdrawal, but the Company may withhold the refund until receipt of the returned goods or until the consumer provides proof that he has actually sent the goods. The only cost charged to the consumer in connection with the withdrawal from contract, is the cost of returning the goods. The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43.č of the Consumer Protection Act, for contracts: on goods that are manufactured according to the consumer's exact instructions and adapted to his personal needs; on goods that are perishable or expires quickly; In the event that a coupon was used to pay for the order (or for part of the value of the order), in the event of withdrawal from the contract, the coupon will be returned to the consumer in the same value as the coupon had when the order was placed. In the event , that a discount promotional code was used when placing the order, the discount will be returned to the consumer in the form of a new promotional code in the event of withdrawal from the contract.
Liability for factual and legal errors
The company is liable for material defects that the goods had when the risk of accidental destruction or damage passed to the customer. As a rule, this moment occurs with the acceptance of the goods. The defect is material: if the thing does not have the properties necessary for its normal use or for sale; if the thing does not have the properties necessary for the special use for which the buyer is buying it, but which the seller was aware of or should have been aware of ; if the item does not have the properties and features that were explicitly or tacitly agreed upon or prescribed; if the seller delivered the item that does not match the sample or model, unless the sample or model was shown only for the purpose of notification. The customer is obliged to immediately or . inspect the subject of the contract as soon as possible, identify any errors and record them. Otherwise, the Company will not take into account material defects that are not hidden and were known or should have been known upon inspection of the subject of the contract. immediately or at the latest within eight days after discovery, otherwise the customer is not entitled to remedy the material defect. After notifying the Company of a material defect, the Consumer must allow the Company to inspect the goods and describe the defect more precisely in the notice of material defect. The Company does not take into account minor material defects. If the Company determines the existence of a material defect in accordance with the timely and correct notification of the consumer, the consumer has the right in relation to the goods to request from the Company: the elimination of the defect or the return of a part of the amount paid in proportion to the defect or the replacement of the defective goods with a new flawless product or the return of the paid amount.
In any case, the consumer also has the right to demand compensation from the seller for damages, and in particular reimbursement for the costs of materials, spare parts, work, transfer and transportation of products, which arise as a result of fulfilling the obligations from the previous paragraph.
