TERMS ANDCONDITIONS
About thecompany
BARTOGd.o.o. Trebnje
Obrtniškaulica 18, 8210 Trebnje
Tel: 07 3462 400
Fax: 07 3045 701
E-mail:[email protected]
TIN:79128718
Registrationnumber: 5298555000
The companyis registered with the Novo mesto District Court under entry no. 1/00339/10.
Activitycode: 45.310, 47.910
Sharecapital: EUR 783,970.01
Personresponsible: Jasna Bartolj Kotar
VATIN:SI79128718
VAT-registeredbusiness: YES
Transactionaccount: SI56 0700 0000 1666 550, BIC/SWIFT: GORESI2X, Gorenjska banka
The selleris not a member of a professional association of regulated professions in termsof Article 5 of the Electronic Commerce Market Act, nor is it bound by specialcodes.
Initialprovisions
Thesegeneral terms and conditions govern the mutual rights and obligations of thewww.bartog.si online shop provider of company Bartog d.o.o. Trebnje and the useof the online portal, sales application, and conclusion of contracts in electronicform.
If anyindividual matters are not specifically governed by these general terms andconditions, applicable and appropriate provisions of the law governing dataprotection and electronic commerce market apply.
Registration
Beforecompleting a purchase in the www.bartog.si online shop, it is necessary toregister with the online shop. The following personal information is requiredregistration of a user with the online shop:
• Name and surname
• E-mail address
• Contact telephone no.
• Address
• Postcode and city
In theevent of registration as a company or sole trader, the online shop requires thefollowing additional information:
• Company name
• VATIN
Uponregistration with the www.bartog.si online shop, each user receives a uniqueusername (e-mail address) and password. The username and password are uniquelydefined and connected to entered information. By registering with the onlineshop, a visitor becomes a registered user of the www.bartog.si online shop.
Order
A salescontract between Bartog d.o.o. Trebnje and a buyer in the www.bartog.si onlineshop is concluded when the online shop sends the first electronic message tothe buyer about the confirmation or status of the buyer’s order. From thatmoment on, all prices and other terms and conditions are fixed and binding forboth Bartog d.o.o. Trebnje and the buyer. The user’s information, as valid atthe time of the order, is used as the buyer’s information. Later changes ofbuyer’s information is not possible.
How tosubmit an order
1. The buyer finds the desired productin the online shop and opens the product details.
2. In the product details, the buyerenter the quantity of products desired and adds them to the cart by pressingthe “Add to cart” button.
3. A “mini” cart opens, where the usercan quickly modify the contents of the cart, or proceeds with the order bypressing the “Checkout” button.
4. A detailed display of the cart opensup, where the buyer can once again modify and update the products in the cart.By pressing the “Checkout” button, the buyer proceeds to the checkout.
5. In the next step, the buyer logsinto the online store with the existing account or registers a new account.
6. After successfully logging into theonline store, the buyer select the desired method of delivery or pickup, aswell as the method of payment.
7. By pressing the “Checkout” button,the buyer proceeds to the next step, where the order summary is displayed. Inthe event of any error, the buyer can edit the order by pressing the “Editorder” button.
8. If the order summary is correct, thebuyer completes the purchase by pressing the “Submit” button.
The salescontract is stored in electronic form on the server of company Bartog d.o.o.Trebnje.
Paymentmethods
Thewww.bartog.si online shop accepts the following payment methods:
• payment by proforma invoice
• payment by cash on delivery (ondelivery of shipment)
• payment by payment card or creditcard (the buyer has to be a customer of NLB) via online payment
In Bartogd.o.o. Trebnje branches or at pickup points, we accept the following paymentmethods:
• payment by proforma invoice
• payment by cash
• payment by payment card or creditcard (Activa, MasterCard, Visa, American Express, BA Maestro)
• payment by credit card with 2 to 12instalments (your credit card must allow payments by instalments and have theavailable limit for the order value)
Payments byinstalments also include related approval fees; the approval fee depends on thenumber of instalments and not on the order value:
• 2 instalments / EUR 3.00
• 3 instalments / EUR 4.50
• 4 instalments / EUR 6.00
• 5 instalments / EUR 9.00
• 6 instalments / EUR 10.80
• 7 instalments / EUR 12.60
• 8 instalments / EUR 14.40
• 9 instalments / EUR 18.00
• 10 instalments / EUR 20.00
• 11 instalments / EUR 22.00
• 12 instalments / EUR 24.00
Issuing aninvoice
On deliveryof shipment with ordered products, Bartog d.o.o. Trebnje also issues a printedinvoice for purchased products.
The invoiceclearly states the price and costs arising from the purchase of products, andincludes a notification on the right of withdrawal from the contract.
The buyeris obligated to verify the accuracy of information before submitting an order.Later objections regarding the accuracy of issued invoices are not considered.
Productprices
The onlineprices listed in the online shop are valid for all Bartog d.o.o. Trebnje onlineshop registered users who submitted their information to the company onregistration. A user of the online shop becomes a registered user uponregistration with the online shop.
Regularprices of products are valid in Bartog d.o.o. Trebnje branches throughoutSlovenia. The regular prices listed in the system are usually higher thanregular prices listed in the online shop. Buyers can also submit theirinformation to the sales staff in a branch, thereby becoming our registereduser, who can take advantage of the regular prices listed in the online shop inour branches as well. Due to the background operation of the online shop, theregular prices of products in our online shop in most cases do not match theregular prices of products in the system.
All pricesinclude VAT and the environmental tax, unless explicitly stated otherwise.
Priceslisted by products do not include delivery costs.
Prices arevalid at the time of the order and do not have a pre-determined period ofvalidity.
Wheels onproduct photographs are not included in the price.
Despiteregular price updates, a product price can sometimes be incorrect. In thiscase, or if the product price changed during order processing, Bartog d.o.o.Trebnje gives the buyer an option of withdrawing from the contract orpurchasing the product at the updated price.
Promotionalcodes or coupon codes cannot be used when purchasing products in Bartog d.o.o.Trebnje branches throughout Slovenia.
Promotionalcode and coupon code
Apromotional code or coupon code is used for various benefits upon purchase inthe www.bartog.si online shop. Active promotional codes can be found on frontpages of advertisements, on specific category pages, in e-mails, or in othermaterial.
A couponcode can be used by choosing the needed products in the online shop, addingthem to the cart, logging into the online shop – if you haven’t done so whenyou entered the online store – and entering the coupon code into the clearlyvisible and highlighted field in the specific step of completing the order.Once the code is entered and confirmed, all benefits are applied to your order.
Couponcodes can have different uses; some can be used multiple times, while some areavailable only for a single purchase. A sales campaign depends on backgroundspecifications of the online shop.
Notificationsabout orders
Aftersubmitting an order in the www.bartog.si online shop, the consumer receives ane-mail confirming receipt of order to the registered address at the time of theorder. The consumer can check the status of the order at any time at thefree-of-charge blue number 080 11 42 or under My Account | Previous orders. Theconsumer can review the orders and notify Bartog d.o.o. Trebnje in the event ofan error or any other additional questions.
If theproducts are on inventory in the main warehouse or Bartog d.o.o. Trebnjebranches across Slovenia, the order will be automatically processed in thesystems, notifying you about delivery or pickup as follows:
• Personal pickup of shipment in oneof our branches throughout Slovenia: employees in the branch will contact youat your contact telephone after the shipment arrives to the branch, where youwill then be able to pick it up.
• Delivery of shipment to your home:our delivery staff will contact you at your contact number, usually betweenMonday and Friday, between 8 am and 4 pm, about the delivery, about one hour orthirty minutes before their arrival, so you can take delivery of the shipment.
• For products on inventory in themain warehouse, shipments are usually delivered in 1–3 workdays; in exceptionalcircumstances of increased number of orders (March, April, October, November),time of delivery may be extended, but shall not exceed 5 workdays.
Consumer’sright to withdraw from the contract
A consumer(applies only to natural persons, who purchase a product for purposes otherthan their business operations) is entitled to notify the seller within 14 daysof taking delivery of the products about withdrawal from the contract, withouthaving to list the grounds for their decision. This period starts on the nextday after taking delivery of the products.
Bartogd.o.o. Trebnje shall be notified about the withdrawal from the contract viae-mail [email protected] or via the free-of-charge telephone number 080 11 42. Theform of withdrawal from the contract is available here.
If aconsumer withdraws from the contract, they return the shipment by mail to theaddress of the seller: Obrtniška ulica 18, 8210 Trebnje, or personally deliversit to one of the seller pickup points. Return of received products to thecompany by the deadline for the withdrawal from contract is considered anotification of withdrawal from the contract.
Theconsumer shall return the product to the seller undamaged and in unalteredquantity, unless the product was destroyed, broken, lost, or reduced inquantity through no fault of the consumer. The consumer shall not use theproducts without limitation after withdrawing from the contract. The consumeris entitled to check and test the products to the extent necessary fordetermining their actual condition. The consumer is liable for any decrease ofproduct value if the decrease is caused by actions not necessary fordetermining the nature, characteristics, and operation of the product.
The costborne by consumer in relation to the withdrawal from the contract is the costof return of products, charged in accordance with the pricelist of the deliveryservice chosen by the buyer. The product shall be returned to the seller within14 days of the notice of withdrawal from the contract (purchase). Remember, wedo not accept cash-on-delivery shipments, since the cost of product return isborne exclusively by the consumer.
Theconsumer is not entitled to withdraw from contracts for products custom-made inaccordance with consumer’s instructions, for products adapted to consumer’sspecific needs, for products that are not suitable for return due to theirnature, for perishable products or products past their due date; an example ofsuch products are already assembles tyre and wheel kits.
Paymentswill be refunded as soon as possible and no later than within 14 days ofreceiving the notice of withdrawal from the contract. To ensure certainty,accuracy, and promptness of refund, as well refund records, the refund isconducted exclusively by transfer to the buyer’s transaction account. Refundsin cash are not possible!
Inexceptional circumstances, when products are not returned in accordance withthe Consumer Protection Act (ZVPot), we can offer to buy back the product withappropriate damages, determined with a record upon the return. A buy-back witha decreased value applies upon confirmation by the consumer via e-mail. Theconsumer can use the credit exclusively for ordering another product of equalor higher value.
In theevent of errors regarding the price, inventory, other product characteristics,or delivery options, Bartog d.o.o. Trebnje shall notify the consumer within 48hours. If a consumer’s order can be fulfilled in some other suitable manner,Bartog d.o.o. Trebnje shall present a new offer to the consumer in writing orverbally. If the consumer notifies the seller about a material defect, theconsumer can cancel the order submitted via the online application or acceptthe seller’s new offer. If the consumer doesn’t cancel the order, nor acceptthe seller’s new offer, Bartog d.o.o. Trebnje shall submit to the consumer awritten or verbal notification that it does not accept the consumer’s offer.
Warranty
Product areunder warranty if so stated on the warranty certificate or the invoice.Warranty is valid on the conditions of compliance with the instructions on thewarranty certificate and presentation of the invoice. Warranty period is listedon the warranty certificate or the invoice. You can find the form for return ofproduct under warranty here.
If thewarranty period is not listed on the product, the consumer can contact Bartogd.o.o. Trebnje, who will then provide up-to-date information.
Materialdefects
A producthas a material defect when:
• The product does not have thecharacteristics necessary for its normal use or use on the road.
• The product does not have thecharacteristics necessary for the particular use required by the buyer, ofwhich the seller was aware or should have been aware.
• The product does not have thecharacteristics and features that were explicitly or implicitly agreed upon orprescribed.
• The seller delivered a product thatdoes not match the sample or model, unless the sample or model was displayedfor information purposes only.
Suitabilityof product is compared to another flawless product of identical characteristicsor listed specifications.
The buyermust notify Bartog d.o.o. Trebnje about a potential material defect, includinga detailed description of the defect, by the legally defined deadline. Thematerial defect claim form can be found here. The right to claim a materialdefect on the product is defined in detail by the provisions of the ConsumerProtection Act.
Inaccordance with Article 25b and Article 37 to 40 of the Consumer ProtectionAct, Bartog d.o.o. Trebnje is liable for product material defects becomingapparent within two years of taking delivery of the products.
Productinventory
Informationon product inventory in the online shop regularly changes and updates. Due tothe size of the online shop and the number of order, product inventory may runout while the online shop still lists an inventory before it is refreshed. If aconsumer orders a product that is not on inventory, Bartog d.o.o. Trebnje shallcontact the consumer at one of the listed contacts (telephone, e-mail) andinform the consumer of the availability of product.
Core returnitems
Certainproducts in the Bartog d.o.o. Trebnje online shop are marked as core returnitems, for which a specified deposit, determined by the product manufacturer,has to be paid. In this case, the buyer pays a deposit, which, after themanufacturer confirms that the returned core is technically suitable andundamaged, is returned by Bartog d.o.o. Trebnje. Otherwise – if themanufacturer assesses the core and technically unsuitable, the old product isreturned to the consumer as soon as Bartog d.o.o. Trebnje receives it from thesupplier, and the deposit is not returned to the consumer.
You cancheck the core return criteria and claiming core return benefits here.
Openpackaging products
Openpackaging product were returned to Bartog d.o.o. Trebnje and can have minordeficiencies (damaged packaging, product, open packaging, etc.) and can bere-sold. The type of product deficiency is appropriately described on aparticular product (in the product name) and appropriately marked on theinvoice.
Bartogd.o.o. Trebnje checks the returned product in order to make sure they functioncorrectly despite the return, open packaging, and similar. For this reason, anew warranty period is defined and appropriately marked for each product.
If areturned product does not have the functionality listed, the customer isentitled to a warranty repair and withdrawal from the contract with the samedeadlines as applicable to other products.
Delivery
Bartogd.o.o. Trebnje uses its own delivery service for delivery of shipments. In theevent that delivery with its own delivery service is not possible due tovarious factor, the shipment shall be delivered by our contracting partners,Post of Slovenia or SŽ-ŽIP. We also reserve the right to choose anotherdelivery service in order to fulfil the order more efficiently.
Deliverycosts:
• method of payment by proformainvoice, delivery cost is €3.00
• method of payment on delivery,delivery cost is €3.00 plus fee €1.50
• personal pickup of products doesnot have any delivery costs
Security
Bartogd.o.o. Trebnje uses appropriate technological and organisational measures forsecuring transmission and storage of personal data and payments. For thispurpose, we use an SSL certificate issued by an authorised organisation.
Personaldata protection
Bartogd.o.o Trebnje undertakes to constantly protect all personal data of the user inaccordance with the Personal Data Protection Act (ZVOP-1).
Bartogd.o.o Trebnje stores the following data on members of the www.bartog.si onlineshop for an indefinite period: name and surname, e-mail address, contacttelephone, primary address, delivery address, country of residence, time anddate of registration.
Bartogd.o.o Trebnje requires this information exclusively for the purposes of fillingout an order (sending information material, offer, invoice) and other requiredcommunication with registered members of the online shop.
The seller,Bartog d.o.o. Trebnje, shall disclose the consumer’s personal information tothird parties only if the user explicitly and unambiguously approves in theagreed-upon form, and if the data is requested by the authorities with a finaldecisions, issued as part of its legal powers.
Theprotection of personal information is also the responsibility of every user,specifically by ensuring the safety of their e-mail address, username, andpassword, as well as appropriate software for the protection of their PC orother device used to access the Bartog d.o.o. Trebnje online shop.
Advertising
Bartogd.o.o. Trebnje shall contact the user using telecommunication means only if theuser does not explicitly opposes such communication.
Advertisementmessages of Bartog d.o.o. Trebnje shall include the following components:
• Clearly and unambiguously labelledas advertising messages.
• Sender Bartog d.o.o. Trebnje shallbe clearly stated.
• Various campaigns, promotions, andother marketing technique shall be clearly labelled as such.
• The method to unsubscribe fromadvertising messages will be clearly presented.
• Bartog d.o.o. Trebnje shellstrictly comply with the user’s decision to unsubscribe from advertisingmessages.
Advertisementmessages of Bartog d.o.o. Trebnje shall be clearly recognisable and clearlyseparate from games and competitions.
Comments,ratings, and recommendations
Comments,ratings, and recommendations are part of the functionality of the www.bartog.sionline shop, and are intended for the user community.
Bartogd.o.o. Trebnje online shop allows any user of the online shop to write acomment, which will be reviewed before final posting. Comments that are in anyway offensive, inappropriate, or in the opinion of Bartog d.o.o. Trebnje do notprovide any benefit for other online shop users and visitors shall not bepublished and approved.
Bysubmitting a comment, the online shop user explicitly agrees with theconditions of use for their comment, and Bartog d.o.o. Trebnje can use a partor the full comment in all its electronic and other publications. Bartog d.o.o.Trebnje is entitled to use the contents of the comment for an unlimited timeand for any purpose in the business interest of the company, includingpublication in advertising and other marketing communications. The commentauthor also declares and guarantees to be the holder of material copyrights andmaterial rights for the written opinions and comments, and that these rightsare transferred non-exclusively and for an unlimited time to Bartog d.o.o.Trebnje.
Limitationof liability
Bartogd.o.o. Trebnje shall make best efforts to provide up-to-date and accurateinformation published on its website. Nevertheless, product characteristics,delivery deadline, EU label on tyres, or product prices can change so fast thatBartog d.o.o. Trebnje cannot amend the information on its website. In such anevent, Bartog d.o.o. Trebnje shall notify the buyer about the changes and allowthe buyer to withdraw from the contract/order or change the ordered product.
Bartogd.o.o. Trebnje is not liable for the contents of comments written by visitors.Before posting, Bartog d.o.o. Trebnje reviews the comments and rejects thosethat contain false information or are inappropriate, misleading, or offensive.Bartog d.o.o. Trebnje is not liable for information in comments and rejects anyliability arising from information posted in the comments.
Bartogd.o.o. Trebnje is entitled to withdraw from the contract in the event of amanifest error. A manifest error is an error of essential productcharacteristics and all errors considered as decisive in accordance with shoppractices or customer intent, and due to which Bartog d.o.o. Trebnje would notapprove or conclude the contract, if they were known. These include manifesterrors of product prices.
Complaintsand disputes
Bartogd.o.o. Trebnje complies with applicable legislation on consumer protection. Weshall make every effort to fulfil our obligation to provide an effectivecomplaint processing system.
In theevent of problems with an order, the buyer can contact the seller Bartog d.o.o.Trebnje at the free-of-charge telephone number 080 11 42 or via e-mail [email protected]. A complaint has to be submitted via e-mail to [email protected] orsent in physical form to the address: Bartog d.o.o. Trebnje, Obrtniška ulica18, 8210 Trebnje. The complaint processing procedure is confidential.
In Bartogd.o.o. Trebnje, we are aware that the essential characteristic of consumerdisputes is the imbalance between the economic value and necessary time andcosts arising from dispute resolution, which represents the main obstaclepreventing the consumer from filing a dispute before a court. We thereforestrive to resolve any disputes amicably.
If anamicable dispute resolution between the consumer and seller is not possible,the consumer and seller agree to resolve any disputes before the competentcourt with subject-matter jurisdiction in Novo mesto and in accordance with therules of procedure applicable in the Republic of Slovenia.
Out-of-courtresolution of consumer disputes
Inaccordance with legal norms, Bartog d.o.o. Trebnje does not recognise anyexecutioner of out-of-court resolutions for consumer disputes as competent forresolving a consumer dispute that the consumer can initiate in accordance withthe Out-of-Court Resolution of Consumer Disputes Act. Bartog d.o.o. Trebnje, asa provider of goods and services provides its online shop in the territory ofthe Republic of Slovenia, publishes on its website the link to the platform foronline dispute resolution (ODR). The platform for consumers is available here.
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
The listedarrangement is based on the Out-of-Court Resolution of Consumer Disputes Act,Regulation (EC) No 524/2013 of the European Parliament and of the Council ononline dispute resolution for consumer disputes and amending Regulation (EC) No2006/2004 and Directive 2009/22/EC.
Cookies
What is acookie? A cookie is a small file that usually contains a sequence of letter andnumber, which is downloaded to a user’s computer when the user visits a certainwebsite. Cookies help ensure the operation of websites. They are used toimprove the user experience.
In thewww.bartog.si online shop, we use two types of cookies. The first type isnecessary for the operation of the online shop, since an online shop could notfunction without it. The other type of cookies is used to improve the operationof the online store. This type includes cookies for website visit analysis.
Finalprovisions
Bartogd.o.o. Trebnje can at any time modify the general terms and conditions withoutexplicitly notifying www.bartog.si online shop users. The modified terms andconditions become effective when published on the www.bartog.si online shop.