Terms & Conditions

TERMS AND CONDITIONS (TRANSLATION)

Disclaimer: Without any responsibility for the correct translation – for all legal relationships, Slovenian laws and the original, valid Slovenian language Terms & Conditions (Pogoji poslovanja) are overriding.

The terms and conditions are valid for activities and services of the webshop www.malihnog.com and are compiled in accordance with the applicable Slovenian legislation on electronic commerce (ZEKom-1), the Consumer Protection Act (ZVPot), the Personal data protection law (ZVOP-1) and the recommendations of the Slovenian Chamber of Commerce (Trgovinska Zbornica Slovenija, TZS). This Policy is effective from: 23rd April, 2019.

1. About Us

1.1. Company information

The website and brand name Malih nog naokrog, operating under www.malihnog.com is managed by the e-business service provider (hereinafter also referred to as the “store”,  “shop”, “seller”, “we”, “us”, “our”, “Malih nog naokrog”):

Spletna trgovina, Mitja Kastelic, sp.
Address: Črniče 79E, 5262 Črniče
Email: info@malihnog.com
Phone: +386 69 951 390
Registration number: 8329800000
VAT number: SI79089399
Business bank account : SI56 6100 0002 0972 135 (Delavska Hranilnica d.d. Ljubljana)

The business entity is registered in the Business registry of Slovenia on 5th December, 2018 and is registered for VAT.

1.2. Languages

 The website Malih nog naokrog is available in Slovenian and English language. We try to ensure that we always provide up-to-date, complete and accurate information in all languages. The general Terms & Conditions and Privacy & Cookie Policy are also available in both languages. In the case of differences between the Slovenian and English versions of the documents, the Slovenian language is overriding.

2. Overview and general conditions

 Seller is the retailer operating the webpage and webshop of Malih nog naokrog, and offering the service. The visitor is the person who visits the site and online store. In case of registration, the visitor becomes a user. Both the visitor and the user can make a purchase in the online store and thereby become a customer.

The general terms and conditions document (“Terms and Conditions”, “terms”)  is to determine the functioning of the webstore ; to set the rights and obligations of the seller, visitor and/or customer; as well as to regulate the business relationship between the seller,the visitor and / or customer (hereinafter also referred to as “you”).

By visiting and using our website and / or placing an order, you engage in ourservice and agree to be bound by the Terms and Conditions along with other of our policies made available on our website (including the Privacy & Cookie Policy) and valid at the time of your visit, purchase or delivery of the online order. Any new features or tools which are added to the current website and store shall also be subject to these terms. We reserve the right to update, change or replace any part of the policy without prior notice by posting updates and/or changes to our website. You can always review the most current version at any time on this page, and we encourage you to check it periodically for changes.

At the time of finalising any order, you are reminded of the terms and conditions and the privacy policy, and asked to confirm that you have read, understood and agree to be bound by these guiding rules.

By using our website and / or placing an order, you also represent that you are of legal age in your state of residence; or that you are of legal age in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of our policies, including the terms and conditions will result in an immediate termination of our services.

3. Copyright notice

The Site, its content and the content published on our social media platforms (facebook or Instagram) are protected by intellectual property rights, including copyright and trade marks. Except as expressly authorised by us, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content published on this site or any of our platforms, in whole or in part.

4. Availability of information

We are committed to provide all customers with the following information, even before being bound by the contract or offer:

  • Identity of the company (name and registered office, registration number);
  • Contact details (e-mail, telephone);
  • Essential characteristics of the goods being sold (including sales services and guarantees) and the validity period of this information;
  • Accessibility of products (within a reasonable time);
  • Terms of product delivery or service execution (and the manner, place and timeframe of delivery);
  • All prices, clearly and unambiguously set and visible, with the clear information whether they already contain taxes, transport costs and other charges; as well as the validity period of this information;
  • Delivery and payment method, as well as the validity period of this information;
  • Validity of the offer;
  • Deadline to withdraw from the contract, and the conditions of withdrawal (description of the right of withdrawal in accordance with the article 43 of Consumer Protection Act; in cases where the consumer does not have the right to withdraw from the contract in accordance with Article 43 of Consumer Protection Act, he is expressly informed of this)
  • Explanation of the complaint procedure, including all contact details of the contact person or customer support.

5. Registering an account

You can visit our website or make an order with registering a customer account (becoming a “user”), or without account registration (as a “visitor”). Registration in the online store can be made under the My Account page, as well as during the check-out process. When you register an account, you obtain a username that is identical to your email address, and a password. The registration is completed by asking for your confirmation through an email. After confirming you also receive and email of the successful registration For the security of the website as well as your personal data, you are responsible for keeping your account information (especially but not only your password) safe and for not disclosing it to anyone. If you feel your password has been compromised in any way, you should change it immediately and contact us as a security measure. You can be held responsible for all sessions and transactions made using your account details.

If you would like to change the email address that you have previously provided at registration, it can be done by sending us a request from the registered email to info@malihnog.com. The change of the e-mail address will be made as soon as possible, and you will be notified of the success of it via e-mail. You can change your password any time on the My Account page, or you can request a new password at log in in case you have forgotten it. Any other data that you have provided can be changed on the My Account page. Your account can be deleted any time by sending us a request from your registered email to info@malihnog.com. We also overview and delete inactive accounts: if you haven’t logged in for more than a year, then we reserve the right to delete your account, and you will be informed of this via your email.

You are responsible for keeping your data up to date, and before placing an order you should  make sure that you have provided the right information. You warrant that the information given in pursuing an order is current, complete and accurate so that we can complete the requested transaction and contact you as needed.

The user name and password clearly define every user, and is connected, stored and handled along with any other personal data (e.g. billing and shipping address, phone number) that the user has provided or provides in the future for making an order. All data is handled in accordance with our Privacy and Cookie Policy.

6. Making an order

6.1. Placing an order on the website

You can place an order on our website with or without registering a customer account. The process of ordering through our website is as follows:

  • If you wish to place an order with a registered account, you can log in at the My Account page before starting browsing our shop, or the latest at the check-out page.
  • When browsing our webshop, you can place the selected item(s) into the basket by clicking on the “Add to Basket” button. If you have selected all the items you wish to purchase, then you can check the summary of your order on the Cart page before finalising your order. On the Cart page you can still remove unwanted products from your basket by clicking on the “x” next to the product picture and name, or alternatively by changing the quantity to “0” and clicking on the “Update Cart” button.
  • If you have any discount code that you would like to apply, then you can add it on the Cart page, and apply it by clicking on the “Apply Coupon” button. You can select the desired delivery and payment method to see the total cost of your order before proceeding to check-out.
  • If you have a registered account you can register a delivery and billing address on the My Account page, which will be used as a default at check-out. If you don’t have a registered account or you would like to have the good(s) delivered to a different address, than you can change or add it on the Cart page, or latest at check-out. Please always double check if the information you have provided is correct. You warrant that the information given in pursuing an order is current, complete and accurate. We cannot be held responsible in case of failure of service, failure of delivery or any additional costs due to not current, incomplete or inaccurate information.
  • At check-out you still have the possibility to add a discount code and change delivery address, or the desired shipping and payment method, but you can’t change the content of your basket anymore. If you want to change it, you can only do it by going back to the Cart page.
  • Before making an order you need to confirm that you have read and consent with our Terms and Conditions as well as our Privacy and Cookie Policy by ticking the corresponding checkbox. You also acknowledge that by ordering you have payment obligation. You place your final order by clicking on the “Place Order” button.
  • If you have selected to pay by bank card, you will be redirected to the website of our service provider, Barion, where you need to provide the corresponding data for a successful transaction. (See point 10.2)
  • After placing your order you get an automatic email confirming that our system has registered your order request. In case you haven’t received any automatic email, please check your Spam folder first, then contact us in order to clarify whether our system has not registered your order, or you have not received a confirmation due to an incorrect email address or some other technical reason. Please note, that it is only an automatic system email and not the final confirmation of your order.
  • In case you opted for a bank transfer, we advice you to wait before proceeding with the payment till you have received our final confirmation and proforma invoice clearly asking to make the payment.
  • You will receive another email within 24 hours from us confirming we can fulfill your order according to the information we have provided on our webpage. If we cannot fulfill your order because eg. the item is not in stock anymore, or we cannot fulfill it according to the information we have provided on the website (eg. within the promised timeframe of delivery), you have the right to cancel your order. If we have already received payment for your order, you are entitled for a full refund, which we provide by the same method as used for the payment (via bank transfer), unless you have expressly agreed otherwise. (See: 9. Product information and accuracy of information)
  • If you have opted to pay by bank transfer, then with our confirmation email we are sending you a proforma invoice that needs to be paid within 3 working days. If the pre-payment is not paid within this time frame, we reserve the right to cancel your order. Please note that we can only dispatch your item after we have received your payment.

6.2. Other means of placing an order, pre-orders, modification of an order

We do not accept orders over the phone or placed by any other means than on our website, with the following exceptions. When an item is available only on pre-order, the pre-order can be made via email sent to info@malihnog.com. Also, in case you would like to modify an order that has been already placed, please contact us at info@malihnog.com, and we will attempt to accommodate your request if the order has not been dispatched yet, but we cannot guarantee we are able to do that under every circumstances. International orders can only be made by sending a request to info@malihnog.com. (See more: 11.2. International orders) If you make an order, pre-order or request modification of a previous order, you accept that these terms as well as any other policies available at the time of order or changing the order apply, too, and result in the same rights and obligations.

6.3. Purchase of legal entities

 The procedure of purchase for businesses or other legal entities is exactly the same as for natural persons, with the only difference that at the check-out you have to enter the company name and enter the tax number of the company in the comment box. The main difference in business conditions for companies is in the possibility of withdrawal from the contract: companies, sole proprietors and other legal entities do not have the option of withdrawing from the contract within 14 days of the receipt of the goods without a reason, as is the case for consumers (natural persons).Refunds for legal entities are not possible. Corporate purchases are also subject to General Terms and Conditions. VAT payers are obliged to indicate their tax number when submitting the order.

We suggest that in case of an order for legal entities, you contact us in advance at info@malihnog.com or on the telephone number +386 69 951 390. We will gladly help you.

7. Right to refuse service

We reserve the right to reject an order of which we find that it can not be performed under the terms and the information we have at our disposal. For example, in cases where there is a suspicion that a fictitious or incomplete address has been provided, and where we cannot contact the buyer to clarify it before sending it; or if there has been a technical error. If we have already received payment for your order, you are entitled for a full refund, which we provide by the same method as used for the payment (via bank transfer), unless you have expressly agreed otherwise.. In the event that we make a change to, or cancel an order, we attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

8. Wishlist

 If (and only if) you are a registered user, you have the possibility to use the Wishlist feature on our website. You can place a product on your wishlist after logging in by clicking on the „Add to wishlist” button or heart symbol. By using the wishlist you acknowledge that we can see your added items in our system, and we might use this information to prioritise our orders, as well as to inform you via your registered email address when items on your wishlist are back in stock.

9. Product information, and accuracy of information

9.1. Accuracy of information

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.We are not responsible if information made available on this site is not accurate, complete or current. Every effort is made to ensure that the information (including but not only on prices, product description or product availability) shown on our website are accurate at the time you place your order. Despite our efforts, technical error can occur, and the information on our site may occasionally be inaccurate, incomplete or out of date. If a major error is found, we will inform you as soon as possible, and when applicable give you the option of reconfirming your order eg. at the correct price or cancelling your order. In case of cancellation if we have already received payment for your order, you are entitled for a full refund which we provide by the same method as used for the payment (via bank transfer), unless you have expressly agreed otherwise. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We may change any errors or inaccuracies occurring on our website as well as update information, or cancel orders if any information is inaccurate at any time without prior notice. We will not be held liable for any modification, price change or discontinuance of our products or services.

9.2. Product information

We make all reasonable efforts to provide you with product specifications and descriptions, and display the attributes of our products as accurately as possible using pictures to match their real-life representation. We cannot guarantee though that the monitor of your electronic device will accurately display colors or material textures. Product description, including certain measurements of the products are approximate and provided for information and convenience purpose only, to give you a better understanding of the product. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

Please note that many of our products are made out of wood and / or handmade. As a result small imperfections, inconsistencies and differences are absolutely normal. Wooden products might also have unique markings (eg. knots) since wood grain has changing structures and colours, which again are not default of the products, rather a proof of their natural origins. As such we might not be able to accomodate a complaint regarding the nature of these products, but we always make an effort to inform you about this on the specific product pages, too.

9.3. Prices

The valid price is always provided with the confirmation of your order. All prices quoted are in euro and include VAT (Value Added Tax). Prices do not include delivery charges, which will be added at the checkout prior to completing the purchase. Prices for our products are subject to change without notice.  Occasionally we offer discounted prices on our site  – for more information, please see: 13. Discounts, coupons, loyalty program. 

10. Payment

When placing an order, you can choose between making a payment via bank transfer, bank card or a topped-up Barion account before dispatching your products, or paying at the time of delivery by cash or bank card to the shipping company. For international orders we can only accept pre-payment. Please note that we cannot accept cash in any case directly (just our shipping company), even if you choose to pick-up your goods at our headquarter.

10.1. Bank transfer

If you choose to pay via direct bank transfer, we kindly ask you to wait until you receive our final confirmation of being able to fulfill your order and the proforma invoice asking for the pre-payment. After you have received the confirmation and our proforma invoice, you can make the bank transfer to the following account:

Business bank account open with Delavska Hranilnica d.d. Ljubljana: SI56 6100 0002 0972 135

We kindly ask you to put the invoice number in the comments in order to be able to identify your payment more easily.

We can only reserve your items for 3 working days. If we don’t receive the payment 3 working days after sending you the proforma invoice, we reserve the right to cancel your order. Please note that we can only dispatch your item after we have received your payment.

10.2. Bank card payment (Barion) 

The option of the safe and comfortable bank card payment is brought to our webshop by the service provider Barion Payment Inc. Barion Payment Inc. is an Electronic Money issuer, licenced by the Central Bank of Hungary (licence ID: H-EN-I-1064/2013) based on the Electronic Money EU Directive (2009/110/EC), and trusted by more than 5000 commercial companies operating within the EU.

If you opt for bank card payment, after placing your order, you will be redirected from our website to Barion’s payment page, and the payment takes place in their system where security of the payment is guaranteed according to the international legal and security standards. Our webshop has no information or access to your personal data of bank card number or any other data related to it.

In Barion’s system you can make a one-time payment without registering an account, by providing your card number, it expiration date, CVC code and a valid email address. Or also you can also decide to register an account with them for a faster payments in the future.

The following cards are accepted:

  • MaterCard
  • Maestro
  • Visa
  • Visa Electron
  • American Express

10.3. Payment at delivery

If you are a domestic customer and wish to pay upon delivery, then we add a surcharge of 1 euro to the delivery fee. Please note that we will treat all orders chosen to pay at delivery as final and irrevocable orders. (See more: 11.1. Domestic orders)

11. Delivery

Delivery prices are not included in our prices, they are always calculated at the check-out as a separate title. The delivery is carried out by Pošta Slovenije d.d.. The delivery time of products is indicated for each individual product, and can range from 2 to 5 working days from the confirmation of the order or, in case of pre-payment by bank transfer, the receipt of your payment. If an item is available only on pre-order we can inform you the expected availability. Please note that the time we can tell you is only approximate, therefore we cannot be held responsible for a longer delivery time in such cases.

11.1. Domestic orders

The prices of domestic shipping are as follows depending on the selected payment method:

Bank transfer or bank card (Barion) Payment at delivery
below €60
(excluding shipping charges)
€2.99

€3.99

€60 or above
(excluding shipping charges)

FREE

If the total due amount (excluding shipping cost) reaches or exceeds 60 euros, and you make your payment via pre-payment, we provide free shipping.

Please note that in case of payment at delivery you do not need to pay any additional cost to Pošta Slovenije d.d.. The shipping cost you pay for us (3.99 euros) already includes the additional service fee, and we arrange it directly with the delivery company. If you are not home at the time of delivery, the delivery service provider will leave a notice of delivery of the products in your mailbox, with which you can pick up your package at the nearest post office in person. You can also pay for the ordered products at the post office. If you don’t take over at the agreed date, the potential additional cost of re-delivery will be borne by you.

You can also pick-up your order at a pre-arranged time at our headquarter (Črniče 79E, Črniče, 5262, Slovenia) for free. Important: Please note that we cannot accept cash directly, so if you want to pick up your package in person, you need to make a pre-payment via bank transfer!

11.2. International orders

We do provide international shipping, but the cost with an international address cannot be calculated and finalised at our check-out, so if you want to order outside of Slovenia please contact us directly at info@malihnog.com before placing an order on the webpage, listing the items you would like to order. Depending on the weight of your planned order and your country of residence we can request a quote for you, in the light of which you can decide if you would like to finalise your order. International orders need to be pre-paid every time. Please note that in case of international orders we cannot offer free shipping in any case, all costs (including customs and duties when applicable) needs to be settled by the customer.

12. Packaging

To help reduce our impact on the environment we try to reuse packaging materials where it is possible, and we use a mix of new and recycled packaging materials. The packaging materials we receive and reuse may not always fit in with the values we try to communicate, but we feel it is still better for the environment to re-use them than to throw them out. While some boxes may have a little ‘pre-loved’ look about them, be reassured that we take care that the products you have ordered reach you in perfect condition, so they will always be carefully and securely packaged.

13. Discounts, coupons, loyalty programme

13.1. Discount prices

Occasionally we also offer discounted prices on certain products, marked with the label „SALE!”. On our webpage we always display the original retailer price and the discounted price. We might offer the sale price for a limited time or limited quantity only, so being displayed on the site at a particular time does not guarantee the availability at order, neither imply or warrant that these products or services will be available at any time in the future. Occasionally we also offer discounts on certain products which eg. have little defaults on the packaging, or have been unpacked and used as display items, but are in good condition otherwise. When such item is offered on a discounted price, we make sure to inform you of the reason of the discount on the product page.

13.2. Coupon codes

We do offer occasional coupon codes that entitle you for purchasing products at a discounted price. Coupons can be restricted in use, so please always consult the terms and conditions of certain promotions beforehand. As a general rule, no coupon (except the ones entitling to free shipping) can be used for items which are offered at a discounted price already. We reserve the right to refuse the use or validation of any coupon (especially but not only in the case we notice an intentional abuse, technical errors or any other error), even if the order has already been placed with using the coupon. In case we cannot accept the coupon, we notify you every time and give you the right to proceed with your order without the coupon or cancel it.

13.3. Coupons for the newsletter subscribers

If you subscribe to our newsletter, you will receive a coupon code in an email that entitles you for 5 % off from your first purchase (excluding the delivery fee, and excluding items on sale). The coupon can only be used once by a person, and cannot be used together with other discounts or coupons. We reserve the right to refuse the use or validation of any coupon (especially but not only in the case we notice an intentional abuse, technical errors or any other error), even if the order has already been placed with using the coupon. In case we cannot accept the coupon, we notify you every time and give you the right to proceed with your order without the coupon or cancel it.

13.4 Loyalty program: loyalty discount coupons

For our customers who have a registered account, we offer a loyalty program in the form of so-called loyalty discount coupons as follows:

  • After placing an order with us, we calculate 5 % of the ordered amount

(a) excluding the shipping or any other additional charges ;
(b) excluding the items that were purchased at a discounted price; and
(c) excluding any other discounts or amount that were not paid for (eg. but purchased with the help of a coupon).

For example, if you place the following order we calculate the loyalty discount after Product 2. and Product 3., minus the 5 euros of discount. ((20+15)-5) X 0.05=1.5 euro discount

Order

Price

Product 1. (sale item)

€20 €15

Product 2.

€20

Product 3.

€15

Discount code (10 %)

-€5

Shipping fee with payment at delivery

€4.5

  • We issue a discount coupon that entitles you for the calculated amount of discount, and we send it printed on a physical card with your order.
  • You can use the issued loyalty coupon till the validity date written on the card, but at least 3 months after your delivery.
  • Since the coupon code is attached to your registered email address that you have placed the order from, you can only use it with making an order with the same customer account. Please note that for the time being, we can only provide loyalty discount coupons for our registered users only!
  • The coupon cannot be used for more than 20 % of the purchase value. (eg. in case of a 2-euro coupon the minimum order value is 10 euro.)
    Any amount of loyalty discount coupons can be used together within the date of validity. They might not be used together with other coupons though, eg. the 10 % discount code for our new newsletter subscribers. So please get informed carefully the terms of other discounts beforehand.
  • As with other coupons and discounts, we reserve the right to refuse the use or validation of any coupon (especially but not only in the case we notice an intentional abuse, technical errors or any other error), even if the order has already been placed with using the coupon. In case we cannot accept the coupon, we notify you every time and give you the right to proceed with your order without the coupon or cancel it.

14. Giveaways

Occasionally we might host sweepstakes (or giveaways) on our webpage or on our social media platforms (facebook or Instagram). Before entering any sweepstakes organized by us, please make sure you read and agree with  the terms and conditions of sweepstakes which will be made available on our website in case of such promotion. By entering you acknowledge that you are bound by these terms, too.

15. Cancellation right and return policy

According to the applicable legislation, if you are a Slovenian or EU customer, you have the right to cancel your order, without any obligation to give a reason for the cancellation. If you wish to cancel your order, you must inform us of your decision to cancel the contract, within 14 days after physically receiving it (overtaking from us or the shipping company by you or by a person on your behalf), by sending an email to info@malihnog.com or a letter by post (Spletna trgovina, Mitja Kastelic sp., Črniče 79E, 5262 Črniče). For this purpose you may optionally, but not exclusively use the attached cancellation form. Irrespective of the form of cancellation, you must always provide us with a copy of the invoice.

In case of cancelling the order, the refund of the payments will made as will be made as soon as possible, but at latest within 14 days from the receipt of the message of withdrawal from the contract. We return the received payments with the same payment method as used by the consumer, unless the consumer explicitly requests the use of another mean of payment and if the consumer does not bear any additional costs, or if otherwise agreed. The original delivery charges will also be refunded by law to the extent of a standard delivery charge (so the additional costs above this, that arise from opting for a more convenient delivery option for the customer will not).

Please also note that in the case where only some items are returned for refund and this brings the order total below €60 that originally qualified you for free shipping, the respective postage fee (€2.99 or €3.99) will be deducted from the refund. If you have purchased the goods using a discount code or coupon, only the amount that you have actually paid for will be refunded, we cannot refund amounts that have been covered with a discount coupon.

Important! The only cost you have to bear is the cost of returning the goods, unless of course the goods you received were incorrect, damaged or faulty. Please package the products carefully, because we cannot be held liable for any damage occurring during the return shipping. Also please ensure that you ask for a proof of posting receipt at the post office or delivery company when you send the item(s) back. This is your insurance if it gets lost or damaged during shipping.

You must return the unwanted goods to us without undue delay and in any event not later than 14 days from notifying us, to the following address:

Spletna trgovina Mitja Kastelic, s.p.
Črniče 79E
5262 Črniče
Slovenia

We reserve the right to withhold payment until we receive the returned goods. All goods must be in brand new condition with all packaging and instructions intact, in a resalable condition. The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop. Should the item show signs of use we cannot accept it returned. We reserve the right to refuse a refund if the items are not in their original condition, or make a deduction if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The refund option does not apply to goods which are perishable or to goods to which (at the time of return) the expiry date has expired, for goods that have been manufactured in accordance with the exact instructions of the consumer, for goods that have been adapted to customer’s personal needs or for sealed goods that are not suitable for return for reasons of health or hygiene reasons, if the consumer has opened a seal after delivery. Legal entities do not have the right of withdrawing from the contract within 14 days or to claim a refund, as is the case for consumers (natural persons).

16. Incorrect deliveries and damaged goods

16.1. Damage during delivery

When you receive your item, before accepting it and taking it over from the delivery company, you are responsible to check if there is any obvious sign of damage on the package. If the package has signs of damage, please inspect the articles inside the packaging carefully, and only take it over from the delivery company if all items are intact. If not only the box, but any item seems to have damage as well, please do not accept the package! In this case we will settle the damage directly with the delivery company, and meanwhile replace the damaged items and resend your order as soon as possible without any further cost to you. If we cannot resend your order (eg. the article is not in stock anymore), you are entitled to a full refund, which we provide with the same payment method as used by the consumer, unless you explicitly request otherwise.

16.2. Externally damaged or incorrect items

In case the package was intact, but you discover after taking over the package that you have received an incorrect or externally obviously damaged item, please contact us as soon as possible by sending us an email to info@malihnog.com, but not later than 3 days after receiving your package. Please also attach some evidence (photo, video) if possible to avoid future disputes, as well as your invoice. In case of a valid claim, we ask you to resend the item(s) to the following address:

Spletna trgovina Mitja Kastelic, s.p.
Črniče 79E
5262 Črniče
Slovenia

We ask you to send the package back with normal, basic shipment with Pošta Slovenija if possible. In case of incorrect or damaged items, the cost of backward shipping will be naturally reimbursed up to this fee. Please recommend that you ask for a proof of posting receipt at the post office or delivery company when you send the item(s) back. We reserve the right to withhold the reimbursement until we receive the item or you send us this proof of dispatch. Please also send us a copy of the bill stating the price of return delivery. If you haven’t received the right item or the goods were damaged, naturally beyond the cost of return you are entitled for a full refund.

17. Legal guarantee for faulty goods

An item is considered faulty when:

  • the item does not have the characteristics necessary for its normal use;
  • the item does not have the characteristics necessary for the particular use for which the buyer buys it, but should be familiar to the seller;
  • The item does not have qualities and distinctions that were explicitly or implicitly agreed or prescribed.

As it is provided by law, you can claim a complaint for a fault for each purchased product: whether in the form of commercial warranty or legal guarantee. If a faulty product doesn’t have a commercial warranty or a customer doesn’t wish to claim the commercial warranty, he or she can live with the right of legal guarantee.

You may claim the rights for a faulty error within two months after discovering the fault, but not later than two years of acceptance of delivery, and, at your own discretion, request the elimination of the error, the repayment of the amount paid in proportion to the error, the replacement of the goods or the repayment of the amount paid. It is considered that the mistake of things existed at the time of delivery, if it occurs within  6 months after the delivery. You should provide a detailed description of the error and allow us to inspect the product. If the error is not controversial, we will comply with your request as soon as possible, and no later than within eight days. If there is a dispute on the error, we will provide you with a written response within the same deadline. The suitability of the product is checked with another, seamless item of the same type, as well as with the manufacturer’s statements or indications on the item itself. The form to report a faulty item can be found here.

18. Commercial warranty

Generally speaking, you can claim the warranty for products for which a mandatory warranty is legally required (a list of these products is determined by and can be found  in the Slovenian ’Regulations on goods’) and for those for which a voluntary commercial warranty was given. Due to the nature of products, materials and the way of production, our products from the online store generally do not have a commercial warranties, because they are manufactured robust and are intended for permanent use. (So they are not electronic product, for example.) If the product has a warranty, this is stated on the warranty card or on the invoice. The warranty can be claimed with the invoice under the circumstance written out  on the warranty card.The warranty periods are also clearly indicated on the warranty card or on the invoice.

We provide warranty information on the product page. If there is no warranty information, it means that item item has no warranty or information is not known at this time. In such cases, you can always contact us for an up-to-date information.

19. Complaints and disputes

We respect the existing consumer protection legislation and use every effort to fulfill our duty to provide an effective complaint handling system. The complaint can be sent by e-mail to info@malihnog.com, or by post to the following address: Spletna trgovina, Mitja Kastelic s.p., Črniče 79E, 5262 Črniče. The complaint processing procedure is confidential. We are aware that there i a disproportion between the economic value of the goods and  the necessary time and the costs arising from the resolution of the dispute, which is usually the main obstacle for the consumer not to take dispute to court. That is why we do our best to resolve any dispute by mutual consent. Within five working days, we confirm we have received your complaint, and provide you

how long we will need to resolve it,  a well as keep you informed about the progress of the procedure.

You can also file a complaint to the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), (Stegne 7, pp 418, 1001 Ljubljana, Slovenia) by phone number +386 1 583 63 00 or by e-mail info.box (at) akos -rs.si.

20. Out-of-court settlement of consumer disputes

In accordance with the general practice, we do not recognize out-of-court settlement of consumer disputes as the competent court to deal with a possible consumer dispute, which the consumer could launch under the Out-of-Court Consumer Dispute Resolution Act.

The online store, Mitja Kastelic s.p., which provides online trade in the territory of the Republic of Slovenia as a provider of goods and services, publishes on its website an electronic link to the online consumer disputes platform. The platform is available to consumers here:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The aforementioned regulation is derived from the Law 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.