Please carefully read the following general terms and conditions of the online store (hereinafter: General Terms and Conditions). The General Terms and Conditions apply to all pages of our online store and our Facebook profile without exception. If you do not agree with the offered General Terms and Conditions, please refrain from viewing the page and from making purchases through our online store. Furthermore, until cancellation or modification of the applicable General Terms and Conditions, you are bound by these General Terms and Conditions with each visit or transaction carried out on our website. We will regularly update the General Terms and Conditions, and they will always be available in their latest and valid version, accessible to anyone without difficulty.
Business Information
Provider / Seller
Company: UTG VODNIK proizvodnja, trgovina d.o.o.
Short name: UTG Vodnik d.o.o.
VAT number: SI47451742
IBAN: SI56 3500 1000 0061 119 (BKS BANK AG)
Address: TOLSTOJEVA ULICA 12, 1230 DOMŽALE, SLOVENIA
Contact
Tel: 01 724 82 58
Fax: 01 724 82 59
E-mail: info@zippykids.si
General
The General Terms and Conditions regulate the operation of the online store, the rights of the buyer (user with or without registration), and the business relationship between the provider and the buyer.
The General Terms and Conditions of the UTG Vodnik d.o.o. online store (hereinafter: online store) are drafted in accordance with the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, hereinafter: ZVPot-1), which is accessible in full text at: http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7054
The online store is operated by the company UTG Vodnik d.o.o. (hereinafter: provider or seller).
Upon registration in the online store system, the visitor obtains a username, which is identical to their e-mail address, and a password. The username and password clearly identify the user and connect them with the entered data. With registration, the visitor becomes a user and obtains the right to purchase.
The buyer may also make a purchase without registering on the website (user without registration).
UTG Vodnik d.o.o. reserves the right to make any changes, partially or entirely, to any part of the General Terms and Conditions without prior notice. Changes apply from the moment of publication.
UTG Vodnik d.o.o. undertakes that the operation of the online store complies with applicable legislation.
All communication carried out between the buyer and UTG Vodnik d.o.o. in electronic form is deemed to have been executed in writing.
The online store is open 24 hours a day, every day. Due to various technical or other reasons, access to the online store or the operation of the store may occasionally be unavailable. Therefore, UTG Vodnik d.o.o. reserves the right to limit or completely suspend the sale of certain or all products, or to limit or completely suspend access to the online store for a definite or indefinite period.
The offer and contract in the online store are entirely published in the Slovenian language.
The buyer incurs no costs related to the use of communication means when using this website. The provider does not charge any additional costs related to the use of communication means.
Purchases in the online store or any submission of personal data on the online store pages are permitted only to persons older than 18 years who have full legal capacity; all others must obtain legally valid parental or guardian consent for any submitted information. Personal data may only be used for the purpose for which they were collected, and the provider undertakes to handle the obtained personal data in accordance with the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 163/22, hereinafter ZVOP-2).
Obligations of the Provider
The provider undertakes to always ensure the following information to every buyer in the online store:
- the company name, registered office, registration number, and VAT number,
- the company’s contact details (telephone, e-mail),
- essential characteristics of the goods and services and the availability of items,
- delivery conditions and conditions for the execution of services,
- clearly and unambiguously expressed prices,
- the method of payment and delivery,
- the validity period of the offer and the deadline within which it is possible to withdraw from the contract, including the conditions for withdrawal,
- an explanation of the complaint or appeal procedure.
The delivery time, stock availability, and selling price of the item are displayed in the online store for each individual product.
The provider is not responsible for the content of product reviews written by visitors. The provider reviews all reviews before publication and rejects those that contain obvious falsehoods, are misleading, or offensive. The provider is not responsible for the information in the reviews and disclaims any liability arising from the content of the reviews.
User of the Online Store
A registered user and a user without registration (hereinafter collectively: user) undertake to use the online store honestly, conscientiously, and in accordance with fair business cooperation.
A registered user may submit a review or rating of products in the designated section on the provider’s website. User reviews, comments, and product ratings are part of the store’s functionality intended for the user community. The provider allows any registered user to write a review, which the provider then reviews before final publication. The provider will not publish reviews or contributions that are offensive in any way or, in the provider’s opinion, do not provide value to other users and visitors.
By submitting a review or comment, the user explicitly agrees to the terms of use and grants the provider permission to publish part or the entire text in all electronic and other media. The provider has the right to use the content indefinitely and for any purpose that is in the provider’s business interest, including use in advertisements or other marketing communications.
The author of the review also declares and guarantees that they are the owner of the material and moral copyright to the written review or comment and that they transfer these rights to the provider non-exclusively and without time limitation.
Product Offer and Payment Methods
Due to the nature of online business, the online store’s offer is updated and changed frequently and quickly.
Prices are displayed as regular prices. Regular prices are the recommended retail prices of the manufacturer or importer, or prices set by the provider. The provider clearly indicates whether the listed price includes VAT or not. Prices apply to online purchases when paid with cash or card upon delivery, payment by pro forma invoice (bank transfer), or payment by credit card (Visa, Mastercard, Diners, etc.).
The online store enables the following payment methods:
- online payment by credit card (Visa, Mastercard, Diners, etc.).
The sales contract between the provider and the buyer is concluded at the moment the buyer sends the first electronic message regarding the status of their order (order confirmation via the website). From that moment on, all prices and other conditions are fixed and apply to both the seller and the buyer. The sales contract (i.e., the order status confirmation) is stored electronically on the provider’s server. The buyer receives an order confirmation by e-mail together with an attachment containing the order details and the concluded contract. In this way, the buyer can always access the contract later – electronically via e-mail or physically if the contract is printed.
The provider issues an invoice to the buyer on a durable medium (physically or electronically).
Purchase Procedure
The selected item in the desired color and size is added to the cart by the buyer by clicking the “ADD TO CART” button. To continue shopping, the buyer selects the “Hide cart” button; to complete the purchase, the buyer selects the “Checkout” button. By selecting this option, the buyer is redirected to the cart overview, where they can adjust the desired quantity of the selected item, remove an item, or write a note in the “Product note” field. To proceed with the purchase, the buyer clicks the “Continue” button, where they must choose the method of payment and the method of delivery or collection of the goods. The buyer then enters the contact details of the natural or legal person for delivery and invoicing.
After selecting the payment method, delivery method, and entering contact details, the buyer selects the “Continue” button at the bottom of the page. The buyer is then redirected to the next page, where they can once again review all order details, including products and delivery information. Before confirming the order, the buyer must check the box “I agree with the company’s general terms and conditions.” By clicking on the phrase “general terms and conditions,” the buyer can view the terms and conditions. Once the buyer has reviewed all order information, confirmed agreement with the general terms and conditions, and wishes to complete the purchase, they click the “Order with payment obligation” button, or in the case of payment by credit card, the “Pay by card” button, thereby completing the purchase. For credit card payments, valid card information must be entered for a successful transaction. The transaction is approved by the provider once the goods are prepared for the buyer.
The buyer then receives notification by e-mail that the order has been received. Attached to the e-mail is also a .pdf document with all order details. The buyer may therefore access all order data later as well. Within one hour, the buyer has the option to cancel the order—this must be done in writing by e-mail to the provider’s address (info@zippykids.si) or verbally by telephone (01 724 82 58).
The provider prepares the goods within the agreed timeframe, dispatches them, and notifies the buyer by e-mail. At this moment, the goods are considered dispatched. The dispatch period for the provider begins on the same business day if payment is received by 12:00; otherwise, it begins on the first following business day after the payment is received.
The provider and the buyer may also agree on personal pickup of the ordered goods at the provider’s registered office. Such an arrangement must be made before the buyer places the order or during the online purchase process.
The provider concludes sales contracts in the online store only with persons who have full legal capacity.
Rejection of Purchase
The provider sells goods to all consumers under equal conditions. Taking into account the fundamental principles of equal treatment of consumers and non-discrimination, the provider reserves the right to refuse a purchase to consumers who clearly misuse the rights granted to them under the Consumer Protection Act, especially in the following cases:
- The same consumer, as evident from their contact information (name and surname, delivery address, or e-mail address), reorders the same product which they had already ordered within the last 24 months and for which they exercised the right to withdraw from the purchase without providing a justified reason for withdrawal (e.g., returning the goods due to defects).
- The same consumer, as evident from their contact information (name and surname, delivery address, or e-mail address), has exercised the right to withdraw from the purchase at least three times within the last 24 months for different or identical products, again without providing a justified reason for withdrawal (e.g., returning the goods due to defects).
The above represents only examples of misuse of consumer rights, and these are not the only possible forms of misuse.
The provider reserves the right to refuse a purchase in other cases as well, where it is evident from the behaviour of the consumer or a group of consumers that they are abusing the rights granted to them under the Consumer Protection Act and thereby causing damage to the provider.
Delivery of Goods
The provider will deliver the goods or perform the service within the agreed timeframe. The provider generally charges the buyer for delivery costs and informs the buyer of the delivery cost amount in advance. If the delivery costs are covered by the provider, the buyer is informed of this in a timely manner (no later than at the time of placing the order).
The contractual partner for the delivery of shipments is Pošta Slovenije. However, the provider reserves the right to select another delivery service if this allows the order to be fulfilled more efficiently.
The delivery cost via the contractual partner for ordered goods valued up to EUR 150 is EUR 5.9. For orders valued above EUR 150, delivery is free of charge.
If the product ordered by the buyer is not in stock, the provider will inform the buyer as soon as possible and agree on an alternative order or a possible longer delivery time.
If the buyer and the provider agree beforehand, the buyer may collect the goods personally at the company’s registered office. This agreement must be made no later than at the time of placing the order.
The provider will dispatch the goods once payment has been received. The provider is not in delay with delivery if the buyer is late with payment. In such a case, the provider has the right to extend the delivery period until the moment the buyer pays for the ordered goods. Once the provider receives the payment, the ordered goods must be dispatched to the buyer immediately.
Material Defects of Goods
A defect is considered material when:
- the item does not have the properties necessary for its normal use or for trade;
- the item does not have the properties necessary for the special use for which the buyer purchased it, and which was known or should have been known to the seller;
- the item does not have the characteristics and qualities that were expressly or tacitly agreed upon or prescribed;
- the seller has delivered an item that does not match the sample or model, unless the sample or model was shown only for informative purposes.
The suitability of goods for normal use is assessed based on ordinary goods of the same type and taking into account any seller’s or manufacturer’s statements about the characteristics of the goods, especially those made through advertising, product presentation, or statements on the goods themselves.
Unless otherwise provided by the Consumer Protection Act, the provisions of the law governing obligations apply to liability for material defects.
A consumer may enforce their rights arising from a material defect if they notify the seller of the defect within two months from the day the defect was discovered. In the notice, the consumer must describe the defect in more detail and allow the seller to inspect the item. The consumer may notify the seller of the defect personally (for which the seller must issue a confirmation), by sending the notice to the store where the item was purchased, or to the seller’s representative with whom the contract was concluded.
The seller is not liable for material defects on goods that appear after two years have passed since the goods were delivered. If the subject of the contract between the seller and the consumer is a used item, the seller is not liable for material defects that appear after one year from the date of delivery.
It is presumed that a defect existed at the time of delivery if it appears within six months after delivery.
A consumer who has duly notified the seller of the defect has the right to request that the seller:
- eliminate the defect, or
- return a proportionate amount of the paid price, or
- replace the defective goods with new, flawless goods, or
- refund the paid amount.
Complaints, Appeals, and Disputes
The provider respects the applicable consumer protection legislation. For each individual dispute, the provider will designate a person with whom the buyer may communicate. Complaints or claims are accepted by the provider via e-mail at info@zippykids.si
, and the buyer may also contact the provider by telephone. The complaint handling procedure is confidential. The provider undertakes to attempt to resolve every dispute peacefully and in accordance with consumer protection regulations.
Any disputes between the parties arising from or related in any way to the online store shall be resolved amicably. If this is not possible, the parties agree that the competent court in Ljubljana shall have jurisdiction.
Out-of-Court Settlement of Consumer Disputes
In accordance with legal norms, the provider does not recognize any out-of-court consumer dispute resolution provider as competent for resolving a consumer dispute that the consumer may initiate pursuant to the Act on Out-of-Court Settlement of Consumer Disputes.
The provider offers an online store within the territory of the Republic of Slovenia and therefore publishes an electronic link to the platform for online consumer dispute resolution (ODR platform).
The platform is available to consumers here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
This arrangement derives 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 Online Dispute Resolution for Consumer Disputes, and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.
DomĹľale, May 2023