Return of products – withdrawal from the contract

In distance contracts, natural persons have the right under the Consumer Protection Act (Article 43(6)) to withdraw from the contract within 14 days of receiving the product by sending an email to the contact email address, without having to give a reason for their decision. In the event that a natural person withdraws from the contract by sending an e-mail, he or she must return the goods received to our address no later than 30 days after the date of the withdrawal notice. When sending the product to our address, please note that we do not accept redeemable parcels. Please enclose a copy of the invoice and a properly completed Returns Form with your return to ensure that the return process is completed as quickly as possible. The goods received must be returned by the Buyer undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or reduced in quantity through no fault of the Buyer. If you start using the products and change your mind, you lose your right of withdrawal. In any case, the products you are returning should be unused, undamaged and in their original, undamaged packaging. We recommend that, if you find immediately after receipt that the colour, size or any other feature is not as you had imagined, you do not open the product completely or, if possible, do not open it at all. When opening the packaging, please take care not to damage the packaging and carefully store the packaging, including all contents that protected your product and individual accessories, for at least half a year from the date of receipt, to minimise your costs in the event of a return. Please note that you are solely responsible for any diminution in the value of the goods if the diminution in value is caused by handling that is not strictly necessary to establish the nature, characteristics and performance of the goods. Unless otherwise agreed between the parties, the buyer does not have the right to withdraw from the contract and cannot return the ordered goods if the product is made according to the consumer’s instructions and adapted to his/her needs (e.g. special selection of colours, materials).

We will refund the payment received as soon as possible, but no later than 30 days after receipt of the withdrawal notice. The payment received will be refunded by transfer to your account (which you must specify at the return). The only cost to be borne by the buyer in connection with the withdrawal is therefore the direct cost of returning the goods and, in the event that the returned products are not undamaged and in the same quantity, the appropriate compensation, which will be assessed by a note at the time of the return. The compensation for the reduced value of the product shall be:

• in the event that the original packaging of the product is damaged or incomplete, at least 25% of the value of the product,
• in the case of visible use of the product (visible minor damage or alterations to the product), at least 50% of the purchase price, or more if there are defects, abrasions or other permanently visible effects of use on the product; such damage which is not reported by you immediately upon receipt of the product and before the removal of the protective foils is not recognised by the manufacturers as a defect in the product.

COMPLAINTS AT THE TIME OF ACCEPTANCE OF THE CONSIGNMENT

Obvious defects or damage to the goods must be complained about in writing immediately or within 8 days of receipt of the goods. Concealed defects must also be reported in writing immediately upon discovery of the defect, or within 8 days of discovery of the defect, but no later than 30 days from the date of delivery.

The buyer is obliged to keep the products until the complaint has been resolved and to treat them as a good steward, failing which he or she shall be liable for the damage caused.

If you have received an inadequate number of packages ordered, which differs from the quantity shown on the documents of receipt, or if the goods have been damaged in transit, the complaint must be made to the delivery service that made the delivery. All the necessary contact details are given on the documentation you receive when you collect the goods from the deliverer. If you suspect that the goods have been damaged during delivery, you should inspect the goods received immediately and in the presence of the deliverer. The buyer is under no obligation to accept such goods and may reject the shipment. Any subsequent complaints about damage to the goods or the quantity received will be considered by the carriers only in exceptional circumstances and cannot be resolved or considered by our company. Any damage shall be recorded in a report to be signed by the deliverer. If possible, document the matter with a picture. Together with the delivery person, we will make sure that the complaint is resolved as soon as possible.

LIABILITY FOR MATERIAL DEFECTS UNDER ZVPot:

Article 37

The seller must deliver the goods to the consumer in accordance with the contract and is liable for material defects in his performance.

The defect is material:

1. if the goods do not have the characteristics necessary for their normal use or for circulation;
2. if the goods do not have the characteristics necessary for the particular use for which the buyer is buying them, which were known or ought to have been known to the seller;
3. if the goods do not possess the qualities and characteristics which were agreed or prescribed, expressly or by implication;
4. if the seller has handed over goods which do not correspond to a sample or model, unless the sample or model was shown only for the purpose of giving notice.

The suitability of the goods for normal use shall be judged by reference to ordinary goods of the same kind and in the light of any representations made by the seller or the manufacturer about the characteristics of the goods, in particular by means of advertising, the presentation of the product or indications on the goods themselves.

Liability for material defects shall be governed by the provisions of the act regulating contractual relations, unless otherwise provided for in this act.

Article 37.a

The consumer may exercise his rights under a material defect if he notifies the seller of the defect within two months of the date on which the defect was discovered.

In the notification of the defect, the consumer must describe the defect in detail and give the seller an opportunity to inspect the item.

The consumer may notify the seller of the defect in person, and the seller must give the consumer a written acknowledgement of the defect.

Article 37.b

The seller shall not be liable for material defects in the goods that become apparent after two years have elapsed since the goods were delivered.

Where the subject matter of the contract between the seller and the consumer is second-hand goods, the seller shall not be liable for material defects in the goods that become apparent after one year has elapsed since the goods were delivered.

A defect in the goods shall be deemed to have existed at the time of delivery if it appears within six months of delivery.

Article 37.c

A consumer who has duly notified the seller of a defect shall have the right to require the seller to:

– remedy the defect in the goods; or

– return a proportion of the amount paid in proportion to the defect; or

– replace the defective goods with new faultless goods; or

– refund the amount paid.

In any event, the consumer shall also have the right to claim from the seller compensation for damages, in particular the costs of materials, spare parts, labour, transfer and transport of the goods, incurred as a result of the fulfilment of the obligation referred to in the preceding paragraph of this Article.

The consumer’s rights referred to in paragraph 1 shall expire at the end of two years from the date on which the consumer informed the seller of the material defect.

Article 37.č

No contractual provision may limit or exclude the seller’s liability for material defects as provided for by this act.

A contractual term contrary to the preceding paragraph shall be null and void.

Article 38

The consumer has the right, if the service has been provided incorrectly, to require the service provider to:

– remedy the deficiencies in the service provided; or

– refund a proportion of the amount paid in proportion to the deficiency in the service provided; or

– re-perform the service; or

– refund the amount paid.

The time limits laid down for the liability of the seller for material defects shall apply mutatis mutandis to the service provider, unless a longer time limit is laid down by a separate act.

Article 39

If the existence of a defect in the goods or an irregularity in the performance of the service is not disputed, the undertaking shall, as soon as possible and at the latest within eight days, comply with the consumer’s request referred to in Articles 37.c and 38 of this act.

If the existence of a defect in the goods or an irregularity in the performance of the service is disputed, the undertaking must respond in writing to the consumer’s request no later than eight days after receipt of the request.

DISPUTE RESOLUTION

Kupec in prodajalec si bosta prizadevala vse morebitne nesporazume reševati sporazumno. V nasprotnem primeru je za reševanje nastalih sporov pristojno sodišče v Celju.
Za rešitev posameznih vprašanj se poleg veljavnih predpisov uporablja Zakon o obligacijskih razmerjih.

BASIC COMPANY INFORMATION

11ST d.o.o., Arja vas 36b, 3301 Petrovče
BU: Medlog 18, 3000 Celje
VAT ID: SI81417250