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GENERAL TERMS AND CONDITIONS OF BUSINESS PROMOLUKS, ROBERT ŠMID, SP

 

  1. Introductory provisions

    • These general conditions represent a contractual relationship between you (hereinafter the customer ) and the company Promoluks, Robert Šmid, sp (hereinafter the provider ). Before purchasing the product/s and/or ordering any of the provider's services, please read these General Business Terms and Conditions, including their components (collectively referred to as the Agreement ). By purchasing any product and/or ordering a service from the provider, you declare that you have read, understood and FULLY agree to the terms of this Agreement. If you do not accept the terms of this Agreement, it is not possible to purchase products and/or order services from the provider.
    • Company contact information:
      Promoluks, Robert Šmid, SP
      Cesta Alojza Travna 20, Slovenski Javornik
      4270 Jesenice
      Tax number: SI21364109
      Registry number: 3786714000
      E-mail: informace@promoluks.com
      Telephone number: +386 (0) 51 436 504

  1. Definition of terms for the purposes of this Agreement

2.1.  The provider means the company Promoluks, Robert Šmid, sp, which is the owner of the websites promoluks.com and all related elements that form the whole of this company.

  • The buyer can also be "you" or "you", a legal and/or natural person who purchased a product or ordered a service from the provider.
  • A consumer is a buyer who is a natural person and enjoys special protection under the applicable consumer protection legislation.

2.4.  Branded goods are goods that have been modified (or individualized) by means of printing, engraving, embroidery, adding additional elements such as labels, patches, cords, and/or all other visual changes in accordance with the agreement with the buyer.

2.5.  A preview of the marking is a document or photo that symbolically shows an image of the product, on which the position of the marking, the size of the marking and the colors of the marking are visually presented. All information presented in the branding preview is indicative and does not guarantee identity with the finished products.

2.6.  A sample order is an order for products that is made with the purpose of checking the suitability of the product and its features.

2.7.  Creative means a graphic image, such as: a picture, logo, text or other visually displayable content, which the buyer provides to the provider for the purpose of branding the products.

  1. Purchase process

3.1. The buyer can make the purchase via the provider's website or by addressing the request via the provider's contact channels.

3.2. The purchase process through the provider's contact channels takes place in accordance with the agreement with the provider.

3.3.  Product Information . All information about the product listed on the website is informative. The provider makes every effort to provide accurate and complete information on its websites. Despite the effort, the provider reserves the right to inaccuracies in information about the price, the product itself or the stock of an individual product.

3.4.  Stock and deliverability . The provider determines the range of products on its website and makes every effort to ensure adequate stock and availability of products. The provider does not guarantee the availability of the products in the offer. The delivery deadline and the availability of each product are indicated on the provider's website. The displayed product stock and/or delivery dates on the provider's website are for informational purposes only and may deviate from the provider's actual stock and/or delivery dates. In the case of the purchase of a product that has the status: in stock on the provider's website, but the actual situation does not correspond to this, the provider will inform the buyer in writing and/or verbally about the lack of stock and the possible delivery date as soon as possible and allow him to withdraw from the contract and the return of the purchase price. The delivery deadline for branded goods must always be agreed in writing and in advance.

3.5.  Minimum purchase quantity . The provider reserves the right to set a minimum purchase amount for a single product, multiple products, branding services and other services it offers. The provider can determine the minimum quantity either with the minimum number of purchased products or with the minimum total price of the purchased products.

3.6.  Marking service . As part of its offer, the provider also offers a marking service, as defined in this Agreement. Branding is done on the basis of a digital preview or on the basis of a sample product. The provider carries out the marking after confirmation of the preview and/or sample product by the buyer.

3.7.  Adequacy of creative. The buyer is obliged to deliver the appropriate creative for branding to the provider. If the buyer does not deliver the appropriate creative, the provider will inform him of this and set a deadline for the delivery of the appropriate creative. If the buyer does not deliver the appropriate creative within the deadline from the previous statement, the provider has the option to unilaterally withdraw from the contract. If there is a delay due to non-cooperation of the buyer and/or submission of inadequate creative, the provider is not responsible for this delay.

3.8.  Identity preview branding and branded goods. The provider does not guarantee the identity between the branding preview and the branded goods. The preview of the branding is purely informative or symbolic in nature and is intended to facilitate communication between the buyer and the provider.

3.9.  Shopping basket function . The shopping basket function on the provider's website is intended for greater transparency of the customer's order and does not constitute a reservation of products. The products will be removed from the stock during the processing of the completed order (completed purchase).

3.10.         Methods of payment . The following payment methods are available on the provider's website: PayPal, bank transfer to TRR and cash payment upon collection. The provider does not charge surcharges for all three payment methods. The provider reserves the right to change the possible payment methods and cannot guarantee that all methods will always be available and working properly.

3.11.         Non-payment by the buyer . The provider reserves the right not to ship the ordered products until payment has been received in full at the provider's TRR or appropriate proof of payment has been delivered. In the event that the Buyer does not pay the amount owed from the individual order up to the currency, the provider reserves the right to: 1. charge legal interest and maintenance costs from the due date of the claim; 2. use all legal means and means of recovery until repayment of the entire amount increased by the costs of recovery, legal interest, storage costs and any other costs related to the buyer's non-payment.

3.12.         Delivery . The buyer can choose between the following methods of delivery or collection of products: 1. delivery to the desired address; 2. personal collection from the provider.

3.13. The provider undertakes to make every effort to deliver the products in the shortest possible time, but does not guarantee delivery within a certain period. The delivery deadline specified in the order or purchase process is not binding for the provider, but only represents indicative information for the buyer.

3.14. The provider has no ability to influence factors such as international traffic, customs and other events that may affect product delivery. The provider is not responsible for any consequences arising from force majeure. Circumstances that are unforeseeable and beyond the influence of the provider (such as, but not limited to: natural disasters, wars, states of emergency, strikes, power outages, etc.) are considered force majeure. In the event of such circumstances, the provider will immediately notify the buyer and give an approximate deadline for eliminating the consequences and delivering the products.

3.15. Delivery costs are defined for the buyer in the purchase process. By confirming the order, the buyer also confirms the delivery costs.

3.16. In the event that the buyer uses a carrier or delivery person for delivery that is not provided by the provider, the risk of destruction passes to the buyer at the moment of handing over the products to this carrier or delivery person.

3.17.         Non-acceptance of products. The buyer guarantees to take delivery of the ordered products. If the buyer does not pick up such products and the shipment of products is returned to the provider, the provider reserves the right to retain the purchase price and charge the buyer costs related to storage and any other costs related to non-pickup of the ordered products. The right to charge costs from the previous sentence does not exclude the provider's right to compensation.

3.18. In case of non-acceptance of the products, the risk of destruction and damage to the products passes to the buyer at the moment of failed acceptance.

3.19.         Order Confirmation. After confirming the order, the order is submitted and it is no longer possible to change the order. Confirmation of the order represents acceptance of the general business conditions and clicking on the final button in the purchase process. The buyer receives a confirmation of the placed order to the e-mail address he specified in the order submission process. By confirming the online order and confirming this Agreement, the contract between the buyer and the provider is concluded and binds both the buyer and the provider. The confirmation of the sent offer prepared by the provider via e-mail is also considered confirmation of the order.

3.20.         Account and contract. The customer receives the physical invoice upon receipt of the ordered products. In the case of orders from legal entities, the provider sends the invoice by e-mail after delivery. The contract is concluded electronically, and a copy of the contract is not available. The provider keeps records of concluded contracts.

3.21.         Purchase without registration. The buyer has the option to make the purchase as a guest or to create a user account with the provider.

3.22.         User account and personal data protection. In the event that the buyer decides to register a user account, the provider must process certain personal data in order to provide such an account. More information about the processing of personal data is available to the customer in the provider's privacy policy.

3.23.         User account management. Upon registration, the customer is obliged to create a password to access the user account. The customer undertakes to protect the password to the best of his ability and to protect it from disclosure and access by third parties. The use of the user account is limited only to the person who created the user account. The customer undertakes not to provide access to his user account to third parties and not to allow third parties to use his user account. The provider reserves the right to treat all activity that takes place through the customer's user account as the customer's activity. The customer may use the user account only within the scope of the purpose of this user account and may not exceed such use. The creation of multiple user accounts belonging to the same customer is prohibited. The provider reserves the right to delete such user accounts immediately. Insofar as this is necessary to protect the provider's rights, the provider reserves the right to initiate any procedures necessary to protect its rights and interests.

  1. Prices

4.1. All prices listed on the provider's website are in EUR and do not include VAT (value added tax). Special provisions apply to consumers and are defined in a separate chapter.

4.2. Prices do not include the cost of any customs duties and other taxes that may affect international orders.

4.3. The seller has the option to change the prices on his website at any time. For the buyer, the price valid at the time of the conclusion of the sales contract is valid; i.e. when the order is placed via the provider's website or when the agreement is concluded, as far as the purchase or order is made via the provider's communication channels.

4.4. The price may exceptionally change if there are unforeseen circumstances beyond the influence of the provider, which would mean a 10 percent or more increase in the prices of purchased products from manufacturers, or the same increase in the prices of raw materials needed to fulfill the purchase or order. In this case, the provider reserves the right to: 1. revaluation of the order price, which must be confirmed by the buyer; 2. unilateral withdrawal from the contract with a refund of the entire purchase price.

  1. Promotions and other benefits

5.1. As part of its operations, the provider prepares various promotional benefits, discounts and other activities (hereinafter referred to as promotions). The provider organizes these promotions at its own discretion, and can condition certain promotions with special conditions. The buyer is obliged to carefully read the conditions of a certain promotion, which the provider will publish separately for each promotion.

5.2. The provider can run several promotions at the same time. Promotions are not cumulative and cannot be used at the same time. Promotions cannot be redeemed in any other way, nor can the promotional benefits be paid out in cash.

  1. Product suitability and sample order

6.1. The provider does not guarantee complete identity between the product in the picture on its website and the identical delivered product.

6.2. Products may have minor deviations in properties such as: shade of color, dimensions, weight, numbers, concentration, composition, specific gravity and others.

6.3. Due to the possibility of such deviations, the provider allows the purchase of a sample order, so that the buyer can familiarize himself with the physical characteristics of a representative product before deciding on branding and/or purchasing a larger quantity.

6.4. If the purchase of a sample order is refused, a subsequent order of the same product of the agreed quantity cannot be refused, returned and/or otherwise advertised if it corresponds to the agreed and/or normal characteristics of the rejected sample order.

6.5. Complaints and/or refunds are only possible if the products have a technical defect and/or do not have the corresponding agreed and/or usual properties. 

  1. Returns and complaints

7.1. With the provider, refunds and complaints are initiated according to the procedure for submitting a complaint.

7.2. The provider does not accept product returns without the provider's prior approval through the appeals process.

7.3. The costs associated with the return of products, including any additional costs that may arise during transport (customs duties and other duties), are borne by the buyer. The provider does not accept ransom packages.

7.4. An invoice must be presented when returning products. Complaints are not possible without submitting the invoice.

7.5. The buyer sends the products that are the subject of the complaint to the following address with appropriate notes:

Promoluks doo
(order return)
Frankopanska 30
1000 Ljubljana

7.6. To refund the purchase price to the buyer, the provider will use the same means of payment that the buyer used in the original transaction, unless the provider and the buyer expressly agree otherwise. The provider reserves the right to withhold the refund of the purchase price until the products that are the subject of the complaint are received or the relevant evidence is submitted that the object of the complaint has been sent.

7.7. Insofar as the products subject to return are textile products, they must be labeled in the same way as they were at the time of receipt and must not show signs of use and/or be damaged by the buyer.

7.8. The buyer does not have the right to return products that have been branded by the provider, if it is a mistake on the part of the buyer. In the event that the buyer independently carries out marking on the purchased products, such products are not subject to return. The provider does not guarantee the successful execution of the marking when the marking takes place through third parties.

7.9. In the event that the provider approves the complaint, the buyer will still be charged a cost of 15% of the value of the order, but not less than 5 EUR (administrative cost of the complaint).

7.10. If the provider decides to replace and/or repair the products, it will deliver them to the customer in the agreed manner in accordance with the delivery provisions in this Agreement. Delivery costs of these products are borne by the provider.

7.11. Products that are damaged due to inadequate packaging upon return will be returned to the buyer, without repair and/or compensation. Shipping costs (return of damaged products) are borne by the buyer.

7.12. Rejection of the claim. If the provider determines that the defect does not correspond to the provider's warranty, it will inform the buyer about this and offer him the possibility of repairing or replacing the products against payment. If the buyer does not choose this option, the provider will return the products to the buyer at the buyer's expense.

  1. Limitation of liability

8.1. The provider's websites are available on an "as is" basis. The provider does not guarantee the operation of the websites and is not responsible for any damage that may occur to the customer by using the provider's websites. The provider is not responsible for any damage caused to the customer as a result of hacking into his user account. The provider tries to maintain the security of its websites, but does not guarantee their operation and also does not guarantee the security of the customer's user account. The provider does not guarantee uninterrupted operation and reserves the right to disable access to its websites temporarily or permanently without prior notice.

8.2. The provider does not guarantee to the buyer that the products are suitable for the specific purpose of use pursued by the buyer. The buyer is obliged to independently check whether the provider's products are suitable for the purpose he is pursuing and/or the desired method of use. The provider does not assume any responsibility for damage that may occur due to inadequate and/or improper use, unsuitability of the products to achieve the purpose of the customer, which exceed the purpose of normal use of the products, or any other damage arising from or related to the use of the provider's products. Before using the products, the buyer is obliged to check the suitability of the product and to ensure that it is used in accordance with the purpose of the individual product.

8.3. The provider is not responsible for damage caused to the buyer as a result of tampering with the product itself. The buyer, who interferes with the product and changes certain properties or its operation in any way, is solely responsible for all consequences arising from such intervention.

  1. Appeal procedure

9.1. The buyer can send his complaint to the email address: informace@promoluks.com within the deadlines for reprimanding individual irregularities or asserting rights . It is important to state the number of the order or invoice, a detailed description of the irregularity and attach relevant evidence for easier and more efficient action. When making a complaint, the buyer must also provide a copy of the invoice proving the purchase from the provider.

9.2. Response to the complaint. The provider will respond to the complaint within fifteen (15) working days from the receipt of the complaint.

  1. Additional protection for consumers

10.1. Contract withdrawal. The consumer has the right to withdraw from this Agreement, in accordance with the Consumer Protection Act (ZvPot-1), under the conditions defined in this chapter. The consumer has the option to withdraw from the contract, without giving a reason, within fourteen (14) days from the day of receiving the product. The customer does not need to give a reason for withdrawal. Withdrawal from the contract applies to purchases made by the Consumer remotely (outside the provider's business premises).

10.2. Withdrawal from the contract for goods manufactured according to the exact instructions of the consumer. In the case of goods manufactured according to the exact instructions of the consumer (even branded goods), withdrawal from the contract is not possible.

10.3. The consumer may notify the provider of withdrawal from the contract within the above-mentioned period in the manner defined in point 10 - Appeals procedure.

10.4. After receiving the withdrawal statement, the consumer is obliged to return the products within fourteen (14) days after giving the withdrawal statement. The provider returns the purchase price to the consumer within fourteen (14) days of receiving the products that are subject to withdrawal.

10.5. The consumer bears the costs of shipping the products that are subject to withdrawal. These costs are not reimbursed by the provider.

10.6. In the event that the products returned by the consumer are damaged or worn to an extent that exceeds the use necessary to determine the nature, properties and functioning of the product, the value of the products will decrease. The consumer is responsible for reducing the value of the product, which the provider evaluates and informs the consumer about. The provider reserves the right to offset the claim due to the reduction in the value of the returned products with the consumer's claim for a refund of the purchase price.

  • Out-of-court settlement of consumer disputes . The provider does not recognize any provider of out-of-court resolution of consumer disputes as competent to resolve a consumer dispute initiated by the consumer in accordance with the Act on out-of-court resolution of consumer disputes. The provider publishes an electronic link to the platform for online resolution of consumer disputes, in accordance with applicable legislation. The platform is available at this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SL .

10.8. Warranty claims for the consumer. The consumer has the right to assert a warranty claim from the warranty for the conformity of the goods. The consumer can enforce the guarantee by notifying the provider of the non-conformity within two (2) months after the non-conformity was discovered. The consumer is obliged to precisely define the non-conformity and allow the provider to inspect the product. The consumer cannot request the elimination of non-conformities that appear on the product after two (2) years have passed since the products were taken over by the consumer.

10.9. Order of warranty claims. The consumer has the right to request from the provider 1. to establish the conformity of the goods or, if this is not possible, 2. to request a proportional reduction of the purchase price or withdraw from the contract and request a refund. The order of warranty claims is a mandatory component. The provider will not grant requests that do not comply with the presented order.

10.10. After receiving the request for the establishment of conformity of the goods, the provider will establish conformity within a period of thirty (30) days at the latest, while in order to establish conformity, he will try to ensure the least possible inconvenience for the consumer. The provider may extend the deadline by a maximum of fifteen (15) days, of which he will inform the consumer.

10.11. In order to establish the conformity of the goods, the consumer can choose between repairing or replacing the goods, except when the fulfillment of the selected request is impossible or the fulfillment would require disproportionate costs and effort from the provider.

10.12. The provider has the right to reject a warranty claim for repair and/or replacement when the fulfillment of the selected claim is impossible or the fulfillment would require disproportionate costs and effort from the provider. In this case, the consumer can take advantage of the warranty claim, withdraw from the contract or reduce the purchase price.

10.13. The consumer can assert a guarantee claim for a reduction in the purchase price when:

  • the provider did not repair or replace the goods or, when applicable, did not complete the repair or replacement of the goods in accordance with this law, or rejected the consumer's warranty claim for establishing the conformity of the goods, as the fulfillment of the selected claim is impossible or the fulfillment would require disproportionate costs from the provider cost and effort;
  • non-compliance exists even though the provider has attempted to establish compliance;
  • the nature of the non-conformity is so serious as to justify an immediate proportional reduction of the purchase price or withdrawal from the contract, or
  • the provider has stated, or it is clear from the circumstances, that the provider will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.

10.14. The consumer has the right to withdraw from the contract immediately if the non-conformity appears within thirty (30) days of receiving the product.

10:15 a.m. When the consumer withdraws from the contract or requests a proportional reduction of the purchase price, the provider is obliged to refund the purchase price within eight (8) days of receiving the returned goods or confirmation that the goods have been shipped or receiving a request for a reduction of the purchase price.

10.16. All prices on the provider's website are exclusive of VAT. The Provider will provide the Consumers with a final price including VAT.

  1. Protection of intellectual property

11.1. The contents of the provider's website. The provider manages various contents on its websites that are the property of the provider. Data, image and text materials and any other materials (e.g. video content, graphics, sketches, etc.) located on the provider's website and/or created by the provider, forwarded to the buyer (branding materials, designs and other), represent works of authorship and as such are protected by copyright and/or intellectual property law. By using the provider's website, the customer does not acquire copyright, property rights or intellectual property rights. The buyer does not have the right to use materials located on the provider's website, unless he has obtained express prior permission from the provider for such use.

11.2. Use of recognizable characters. In its operations, the provider uses various recognizable signs, including the word Promoluks, in all its derivatives and variations. Any logo (in all its derivatives) that the provider uses in business and presenting its products externally is also expressly considered a recognizable sign. The use of the provider's recognizable signs is limited and takes place in accordance with the rules defined in this chapter.

11.3. Sanctions for violations of the use of recognizable signs. The provider reserves the right to pursue all legal claims, including damages, available to the customer who uses the provider's recognizable signs outside of the permitted scope, in order to achieve the termination of the infringement. If it would be difficult to estimate the amount of compensation for such a violation, or should the assessment be related to excessive costs, the provider reserves the right to demand flat-rate compensation in the amount of EUR 50,000.00 for each violation, regardless of the actual damage caused. If it is determined that the resulting damage is higher than the specified flat-rate compensation, the provider has the right to demand the difference up to full compensation.

11.4. Buyer's distinguishing marks. When the buyer forwards his or her identification loops to the provider, he allows the provider to use, change, process and/or reproduce the buyer's identification marks for the purpose of fulfilling the order (production of creatives, branding mats, branded products and/or others).

11.5. Responsibility for transmitted identifiers. By submitting recognizable signs or other graphic images, the buyer declares that he has the appropriate permissions for the use of these contents and that he assumes full responsibility for any intellectual property disputes arising from the fulfillment of the buyer's order. The provider is not responsible and is not obliged to check the appropriateness of the rights on the provided content.

11.6. Advertising. The buyer declares that he agrees with the fact that the provider uses the buyer's recognizable signs, first and last name or company name and any statement about the experience of cooperation with the provider on its promotion channels (the provider's websites, social network channels, etc.) for the purposes of promoting its products and services.

11.7. Protection of personal data. The provider undertakes to make every effort to act in accordance with all relevant regulations in the field of personal data protection. For this purpose, the provider has drawn up a privacy policy, where it has defined in more detail the data it collects, for what purposes, how long it is kept, how and why it is processed, and the buyer's rights in relation to this.

  1. Final Provisions

12.1. Full business ability. The buyer guarantees that he has full business capacity to enter into a valid legal transaction with the provider. If the buyer is a legal entity, he guarantees that he has the ability to represent a legal entity to conclude a valid transaction, or that he has obtained the appropriate authorization from a representative of a legal entity to perform a valid legal transaction. If a person with partial legal capacity wants to make a purchase, he guarantees that the transaction is a transaction for which he has legal capacity, or that he concluded such a legal transaction with the appropriate consent of the guardian or representative. 

12.2. Acquaintance with the terms. The buyer guarantees that before accepting the conditions, he has read them, is fully familiar with them, understands them and agrees with them, especially with the limitations of liability that are established.

12.3. Contract law. The law of the Republic of Slovenia applies to all contracts of which these general conditions are a part. Courts in the Republic of Slovenia are competent for all disputes arising from these general terms and conditions.

12.4. Changes to Terms. The buyer has no right to modify or waive, in whole or in part, the validity of any of the provisions of this Agreement. The provider has the right to change the content of the general business conditions at any time. Any changes will be published on the provider's website. Any changes come into effect on the day of publication, unless otherwise specified by the general conditions themselves. Each purchase is subject to the general terms and conditions valid at the time of purchase. The provider does not undertake to keep invalid versions of the general business terms and conditions, therefore the customer is requested to save the general terms and conditions valid at the time of the order on a local device or obtain a physical copy.

12.5. Language versions. These conditions are established in the Slovenian language. The provider may provide translations of these conditions in order to ensure a higher efficiency of its websites, whereby the Slovenian version of this Agreement prevails over any language version.

12.6. Nullity. In the event of invalidity of any provision of this contract, all other provisions shall remain in force.

12.7. Validity. The general terms and conditions are binding in form and content on the date of conclusion of the contract.

Valid from 03/05/2024