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 legislation of Slovenia, where the webshop operates, on electronic communications (ZEKom-1), the Electronic Commerce Market Act (ZEPT), 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: 15 April, 2022.

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”):

Playgency d.o.o.
Headquarters: Črniče 79E, 5262 Črniče
Warehouse and showroom: Industrijska cesta 5, Kromberk, 5000 Nova Gorica
Email: info@malihnog.com
Customer Service: orders@malihnog.com
Phone: +386 69 951 390
Registration number: 8887438000
VAT number: SI 90653122
Business bank account : SI56 6100 0002 5901 093 (Delavska Hranilnica d.d. Ljubljana)

The business entity is registered in the Business registry of Slovenia on 2nd June, 2021 and is registered for VAT.

1.2. Business hours

The website operates and orders can be placed around the clock. Despatch and customer support services are only available within general business hours: Monday-Friday 9:00 – 15:00. Enquiries over the phone or emails are answered, and orders are confirmed and despatched within these hours. Public holidays are an exception, and general holidays might affect these hours.

Certain times of the year, the store might be closed for general holidays, of which we always inform our customers on our website (and on social media outlets when possible). The exact dates and the duration of the store holiday is also published. In this timeframe customer service and despatch service is not available (for further information see 11.3. Despatch and delivery during store holidays)

 1.3. Languages

The website of Malih nog naokrog is available in Slovene and English languages, with maintaining Slovene as the page’s main language and as conduct of business. We aim to ensure that all information is up-to-date, complete and accurate in all languages offered. The General Terms & Conditions and Privacy & Cookie Policy are also provided in both languages. In case of differences between the Slovene and English versions of any descriptions or documents, documents, the Slovenian language should be taken into consideration and is considered biding. .

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

By visiting and using our website and / or placing an order, you engage in our service 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 content, 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. The General Terms and Conditions are an integral and inseparable part of the sales contract.

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.

We reserve the right to change, suspend, limit or discontinue all or any aspect of the website at any time without prior notice.

3. Copyright notice

The website, its content and the content published on the related social media platforms (facebook or Instagram(malihnognaokrog) or Instagram(takoseigramo)) are protected by intellectual property rights, including copyright and trade marks. Except as expressly authorised by us in writing, 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. Our content (including, but not only pictures and photographs) are protected by a  copyright tracking services, and unauthorised use might be subjected to royalty fees and / or legal actions.

4. Availability of information

When using our webshop, we are committed to provide all customers with the following information, before being bound by the contract or offer:

  • Identity of the company (name and registered office, registration number, information about VAT number, bank account 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 (in case of limited validity);
  • 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 (in case of limited validity);
  • Delivery and payment method, as well as the validity period of this information (in case of limited validity);
  • 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;
  • Information on Seller’s liability in case of faulty goods.

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 is fast and easy and can be made under the My Account page, as well as during the check-out process. We reserve the right to restrict, limit or entirely disable registrations at any given time, for example for technical or safety reasons, and provide only the option of “visitor” purchases.

Upon registering 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 an email confirming 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 about 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 it has been forgotten. 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 without any notice. Suspicious accounts can also be deleted any time without prior warning.

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 24 hours per day, on any day of the year, with or without registering a customer account. The process of ordering through our website is simple and safe, and goes 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 at 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 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. You can also review the number of selected items, and make changes if necessary.
  • 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 also specify using any of your previously collected loyalty points at this stage. 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 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.
  • We provide two or one of the two bank card payment methods: Barion and / or Stripe. Please note that depending on the country of customer not both payment methods are available at all times. If you have selected to pay by bank card through Barion, you will be redirected to the website of our service provider, where you need to provide the corresponding data for a successful transaction. (See point 10.2) If you have selected to pay by bank card through Stripe, you can proceed with the credit card payment in the embedded form of our check-out, by providing your credit card number, expiry date as well as CVC code. Please note that we do not see or receive any of your credit card details, the payment is processed with the highest security standards by the payment provider Stripe. (See point 10.3)
  • After placing your order you get an automatic email confirming that our system has registered your order request. This email contains the order summary with all the necessary order data, in accordance with the Consumer Protection Act. 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 advise 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 1 working day (24 hours) (excluding weekends) from us confirming we can fulfil your order according to the information we have provided on our webpage. At the time you receive this second confirmation email, the Sale Contract is considered concluded. If we cannot fulfil your order because eg. the item is not in stock anymore, or we cannot fulfil 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, 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 will try to contact you and in case of failure of doing so, we reserve the right to cancel your order. Please note that we can only dispatch your item after we have received your payment.
  • Please note that store holidays can influence the time frame of confirmation, despatch and delivery times. (For further information see: 11.3. Despatch and delivery during store holidays)

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.

  • If you are a consumers of public funds, as an alternative to placing your order through the webshop, you can also place an order by sending your official order form to orders@malihnog.com.
  • When an item is available only on pre-order, the pre-order can be made via email sent to orders@malihnog.com.
  • Also, in case you would like to modify an order that has been already placed, please contact us at orders@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. If the package has already been despatched, modifications can be only made at the cost of the customer (eg. sending back the unwanted item and paying for the new shipping cost).

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).

Based on an order from consumers of public funds, we can also issue an e-invoice and provide 30-days payment terms.

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 orders@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 in the following cases listed below. 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, 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.

7.1. If 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 name or 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.

7.2. If by the billing address and / or by the amount of ordered articles, it can suspected that the items are not intended for a final customer but a business purpose, especially resale, which many of our manufacturers limit to preserve the reputation of their brands. In case you are planning an order for such purpose, please contact us at info@malihnog.com to decide whether we will be able to assist you with your purchase.

7.3. If you have outstanding obligations towards us from previous orders, if you are in dispute with us regarding the purchase through the online store, if you abuse the right to withdraw from the contract or if you have returned damaged or destroyed goods and did not reimburse us for the damage caused.

7.4. If the authorization to make the payment by the bank is not confirmed and therefore payment is not possible, or in the event that we receive notification from the bank or government agency about the misuse of the used bank card or any other abuse that dictates the cancellation of the order.

8. Wishlist and Waitlist

8.1. Wishlist

 If (and only if) you are a registered user and logged into our website, 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. We do not use this information though for any marketing or profiling purposes.

8.2. Waitlist (In-stock Notification)

If (and only if) you are a registered user and logged into our website, and in case an item that you’d wish to purchase is out of stock, you have the convenience to subscribe for email notifications once it is back in stock. You are able to do that on the products page by clicking the »Join Waitlist« button, and expressly accepting to receive email notification from us for this purpose. Once the item is back in stock, an automatic email is sent to your registered email address, and then you are removed from the waitlist. You will not receive further communication from us, and we will not use your email address for any other purposes.

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, 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 our sole discretion.

IMPORTANT! Please note that many of our products are made out of wood or other natural material and / or handmade, therefore even the same model might not be uniform. As a result inconsistencies and variations (eg. in shapes or painting) to the pictures are absolutely normal as long as they do not influence the usage of the products. 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 accommodate a complaint regarding the nature of these products – other than the usual right of withdrawal from the contract – , but we always make an effort to inform you about this on the specific product pages, too, which we advice you to read every time.

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). According to EU VAT rules and national regulation implementing it, when orders are received from another EU member state, the VAT rate of the respective invoicing member country is calculated and included in the prices, and invoices are issued accordingly.

A reimbursement of VAT when exporting to third countries (e.g. Switzerland) is unfortunately not possible.

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, or bank card 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 when payment on delivery is available), even if you choose to pick-up your goods at our Showroom.

As for bank card payment we rely on the services of two different kinds of third party payment providers, Barion and Stripe. Please note that we reserve the right though, not to always provide both options in the same time at check-out, the availability of these payment options might vary based on location (country) of the customer.

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 5901 093

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

Timely payment of the proforma invoice is an essential component of the contract. We can only reserve your products for 3 working days. If the proforma invoice is not paid by the deadline for payment, the contract is considered terminated by law, in which case we no longer guarantee a reservation for the ordered products and we are free of all obligations under this specific order. Please note that we can only dispatch your item after we have received your payment.

10.2. Bank card payment (Barion) 

In our webshop we use two different third party payment providers. One of the options of 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 Barion 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 safely 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

By using Barion, you agree to be bound by their General Terms. You expressely understand and agree that we shall not be liable for any payments or monetary transactions that occur through your use of their service.  You expressly understand and agree that all payments and monetary transactions are handled by Barion, and you agree that we are not liable for any issues regarding financial and monetary transactions (including issues when loss or damage from errant or invalid transactions happen, for example, due to network transaction communication errors), between you and Barion. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

Please note that through Barion we cannot provide partial refunds, only full refunds. Also, in case of full refunds, it might take up to 30 days until Barion processes the refunds and the refunded amount is available on your account. Therefore partial refunds can be provided only by bank transfer, and we also suggest full refunds to be processed through bank transfer for your convenience.

10.3. Bank card payment (Stripe)

The other third party payment platform that we provide to process credit and debit card transactions related to purchases in our shop is Stripe. Stripe Check Out provides the comfort of staying on our website with a secure built-in plug-in and providing your payment details (credit card number, expiry date and CVC) within the check-out process itself. This way the  bank card payment is equally secured, all transaction information passed between our website and Stripe’s systems is encrypted using 256-bit SSL certificates. You can be completely assured that no cardholder information can be examined, used or modified by any third parties attempting to gain access to sensitive information. We also do not have access or store any information related to your cardholder information.

Stripe accepts the following cards:

  • Visa
  • Mastercard
  • American Express

By using the Stripe Check Out you agree that you undertake the services of Stripe directly, therefore we ask you to familiarise yourself with their Terms of Service beforehand. By using the Stripe Check Out – and accepting our terms that includes all the information regarding Stripe payment – you also agree to be bound by Stripe’s Terms of Service . Please note by using Stripe at check-out, you expressly understand and agree that we shall not be liable for any payments or monetary transactions that occur through your use of their service.  You expressly understand and agree that all payments and monetary transactions are handled directly by Stripe, and you understand we do not have overview or influence on their service, and you agree that we are not liable for any issues regarding financial and monetary transactions (including issues when loss or damage from errant or invalid transactions happen, for example, due to network transaction communication errors), between you and Stripe. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

10.4. Payment on delivery

If you are a domestic customer and wish to pay upon delivery, then a surcharge is applied to the delivery fee. Please note that we will treat all orders chosen to pay at delivery as final and irrevocable orders, and by placing an order with payment on delivery you acknowledge your obligation to pay. (See more: 11.1. Domestic orders)

IMPORTANT! We reserve the right not to always provide payment on delivery, eg. in certain times of the year (eg. in holiday seasons, before Christmas) or when circumstances do not make it possible (our courier partners can’t accept payments). When the payment on delivery option is not available at the check-out page, we cannot offer this option for that time being.

We also reserve the right not to accept an order with payment on delivery, in case you have previously made an order which was not taken over and paid for. In such cases we can only ship your items once they are paid.

10.5. Invoice

We, the Seller act as a company that offers goods or services over the Internet. You, as a customer pay the amount of the entire order to the company Playgency d.o.o., and together with the goods or services you also receive an invoice. You receive the invoice to your e-mail address in the order process, after the purchase contract has been concluded. The invoice breaks down the price of the products, any additional costs related to the purchase (e.g. any surcharge for delivery / postage) and the total amount of the order.

You also receive a printed invoice for the purchase in the online store, which is included in the package.

10.6. Refunds

Refunds are, by rule of law, provided by the same way as payment has been done, unless the customer agrees otherwise. Please note though that there are certain technical restrictions that apply. We can provide a full or partial refund through bank transfer, or through Stripe if the payment has been made through this platform. Through Barion, due to technical reasons, we cannot provide partial refunds, only full refunds (eg. when the entire order is cancelled or returned). Also, full refunds might take up to 30 days until the amount is available on the original bank account after the payment has been initiated on our side. Therefore, for your convenience we suggest bank transfer, too, in such cases. Refunds are always provided in euro, even in case of international orders, and no additional costs will be refunded (including, but not only banking costs or exchange rate differences).

To process bank transfers we need the following data to be provided:

  • number of bank account (in IBAN format) and BIC code
  • name and address of bank account holder

Refunds are processed within five (5) working day after all necessary data is provided.

11. Despatch and Delivery

You are informed about the amount of delivery costs during the order process, at the Checkout, before placing the order with the obligation to pay, with a separate display of the amount of these costs. Delivery costs are charged and stated on the order as well as on the invoice for the issued goods and the customer pays them together with the amount of the order. The cost of delivery is calculated automatically when ordering the goods and will be displayed at the end of the order before placing the order with the obligation to pay. The cost of delivery is part of the final price of the entire order.

11.1. Domestic orders

The domestic delivery is carried out by GLS, (or certain times alternatively Pošta Slovenije or DPD, depending the size of the package and the availability of courier, like in pre-holiday seasons). All packages are tracked, regardless of the courier. The final choice of delivery service company is determined by us, the seller. The customer cannot choose which delivery service company will transport the package, , and – as part of fulfilling the service – accepts the current terms and conditions of the delivery company.

We do everything to carry out postage as fast possible after receiving the payment. For domestic orders, if we receive the payment by 10:00 am, the package is despatched within the same day. If payment arrives later than the indicated time though, then we cannot guarantee dispatching the package the same day. 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, especially in periods when couriers can face delays.

The domestic shipping cost depend on the value of the order and the payment method selected:

ORDER VALUE
(excl. shipping cost)

PRE-PAYMENT
(bank transfer, bank card)

PAYMENT ON DELIVERY

Below €15

€4,49 €5,49

Between €20-75

€3,99

Above €75

free

If the total due amount (excluding shipping cost) reaches or exceeds 75 euros, and you make your payment via pre-payment, we provide free shipping as a discount.

Please note that in case of payment on delivery you do not need to pay any additional cost to the courier. The shipping cost you pay to us already includes the additional service fee, and we arrange it directly with the delivery company.

Shipping time is always indicated on the product pages, it takes usually 2-5 days after the payment has been received. Shipping time is always estimated, we cannot be held responsible if this time is longer within reasonable limits, due to things outside of our control.

Regarding problem with delivery or non-delivered packages, please see 11.4.

You can also pick-up your order at a pre-arranged time at our Showroom (Industrijska cesta 5., 5000 Kromberk-Nova Gorica, Slovenia) for free. We reserve the right not to always provide this option (depending on the availability of a colleague, or circumstances that make personal pick-up impossible). When the option is not available, on the website at check-out it cannot be selected by default. 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 or credit card!

When the order is ready for pick-up in our Showroom Malih Nog Naokrog (Kromberk, Industrijska cesta 5, 5000 Nova Gorica), we will inform you by e-mail or via SMS. The customer is obliged to pick up the goods at the branch within five (5) working days of receiving the notification by e-mail / SMS message. The deadline for pick-up is an essential component of the contract. If goods are not taken over by the expiration of the specified period, the contract is terminated by law, and in this case we no longer guarantee a reservation for the ordered products, and we are free of all obligations under this specific order / contract. If you may have already paid the purchase price for the subscription (by proforma invoice or by credit card), we will immediately return the payments already received to our  account, no later than within five (5) working days from the termination of the contract.

If for various reasons you will not be able to pick-up the order within five (5) working days from the receipt of the notification by e-mail / SMS message, or you will need more time to pick-up (e.g. absence, illness, etc.), you must inform us before the deadline for pick-up and agree with us on a new or longer deadline for pick-up.

11.2. International delivery

We also deliver within the European Union as below, but – partly for distribution reasons – we are unable to accommodate requests to sell (incl. to invoice and to ship) outside the EU (including UK from 1st January, 2021).

BASIC SHIPPING FEE:

For EU orders, at check-out there is an average flat rate fee provided for convenience as follows:

 

COUNTRY Fee Free weight limit
ZONE 1 CROATIA 5,99€

above 100 €

ZONE 2

AUSTRIA 7,99€

 

 

above 130€

ITALY

SLOVAKIA

HUNGARY*

(priority shipping available)

7,99€

(11,99€)

ZONE 3

GERMANY

12,99€

above 300 €

CZECH REPUBLIC

LITHUANIA

LUXEMBURG

NETHERLANDS

BELGIUM

ZONE 4

ROMANIA 14,99€

above 500€

POLAND

DENMARK

ZONE 5

BULGARIA

16,99€

FRANCE

ZONE 6 IRELAND

19,99€

PORTUGAL

SPAIN

ESTONIA

LATVIA

FINLAND

ZONE 7

SWEDEN

24,99€

GREECE

N/A

CYPRUS / MALTA

not available, self-organized collection allowed

IMPORTANT!

Please note that these fees are mainland Europe only. In cases of island destinations (in, but not only in the case of Croatia, Portugal, Spain) might be subject to additional fees that we can require to be settled before despatching your order. In international orders we also generally reserve the right –  especially in case of a heavier or larger package – to require an additional fee, in case the available shipping prices significantly vary from the fee above. In such cases we will always notify you of the additional charges and provide you an option of settling the fee or withdrawing from your order with a full refund provided.

HEAVY ITEMS (ADDITIONAL SHIPPING FEE)

Please note that some uniquely sized or heavier items, that needs special handling when shipped internationally, require an additional shipping fee of

+ 5 euros / piece

above the basic shipping fee.

The product pages of the concerned products always include information regarding the additional fee. In such cases free shipping is not available.

In case of international orders, despatch is made within 48 hours after the order, and shipping times are generally longer than the domestic shipping  time indicated on the product pages. Within the EU it takes  3-10 working days depending on the destination. To neighbouring countries (including Croatia, Italy, and Austria) it generally takes 2-4 working days. To Hungary it takes  3-6 working days.

*To Hungary we also offer priority shipping for 11.99 euros, despatching within the same day if orders are received before 12:00, the next if after. In case of priority shipping, the packages normally take 2-3 working days to arrive.

Please note that in certain cases (eg. when restrictions apply or in holiday season) shipping might also take longer.

We carry out shipping with GLS, DPD, or Pošta Slovenija – depending on the country, the size of package and the availability of the couriers. All packages are tracked. For more information on international orders please check 19. International orders.

11.3. Despatch and delivery during store holidays

Please note that during store holidays (see: 1.2. Business hours), the website still operates and orders can be placed, but orders will be only confirmed and packages despatch after the holidays. In such cases, the 2-5 days of delivery time (or longer in international orders) can be calculated from the despatch time, of which the customer will be notified. We also reserve the right to close check-out for store holidays. In this case, we always notify our website visitors.

11.4. Problem with delivery or non-delivered packages

For a safer delivery we send all packages tracked. In all cases, – for your convenience and to be able to track and be present to be at the provided address for the expected delivery time – , whether

(a) we pay for an additional service where the customer is notified through an email and/or SMS about the expected delivery time,
(b) or we communicate to customer the tracking number in the confirmation email.

In all cases, you as a customer are responsible to make sure that the delivery address is correct, and to be present and available at that address to take over the package (or authorise somebody do it on your behalf). You are responsible to follow the status of package, and if there is any problem to communicate it to us within reasonable time.

If attempted delivery is not successful in the indicated and communicated timeframe, the courier is not obliged to automatically re-deliver it, but can also leave it in a close-by pick-up point or locker where it can be taken over for free of charge. In cases of a first non-successful delivery, all possible charges of re-delivery or collecting the package must be borne by the customer, and the original delivery fee cannot be claimed back.

In case the package was or should have been delivered according to the tracking number or email and / or SMS sent by the courier company, and it wasn’t you who took it over, you need to communicate it to us as soon as possible, but no later than 48 hours after the marked delivery time in the system. In this case, to start an investigation with the courier company and apply for a possible compensation for unauthorised take-over of the package, we need full cooperation on the your behalf (especially, but not only filling in documents stating that it was indeed not you taking over the package).

You can provide notes regarding the wishes about delivery in the comments of your order, but in case the courier is directed to leave the package at a designated place (eg. in front of the door) instead of giving the package over at any point of the delivery process, we do not take any responsibility for the success of delivery. In that case a missing or damaged package is solely your responsibility of the customer, no compensation can be claimed.

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 and affiliate 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 or were previously returned to us, 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, and in these cases no claims can be made on this basis.

13.2. Coupon codes

We do offer occasional coupon codes that entitle you for purchasing products at a discounted price. When we advertise we always make clear the availability of the offer, and the restrictions that might apply. Coupons can be restricted in use, so please always consult the terms and conditions of certain promotions beforehand. The specific terms of our current promotional codes you can find under this link.

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. Unless otherwise stated general percentage discount codes cannot be used together with other promotional offers. Any discount code or vouchers cannot be exchanged for money.

Please note that we cannot give information over the phone, email or social media enquiries regarding planned promotions. Neither can we disclose promotional codes on individual requests through phone requests. Codes are disclosed in campaigns published on our social media, offline placements or on physical flyers distributed with orders or during other offline campaigns. Over the phone we cannot give information on individual codes sent with individual orders, either. All customers receiving codes are responsible keeping their codes or remembering the code of the offer they are eligible to. We do not take any responsibility for losing the promotional codes or any misuse when disclosed to third parties. 

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 code is sent out in an automatic email after you have confirmed your subscription. The email might occasionally land in your spam folder depending your email service provider, so please also check it there. In case the email has not arrived, feel free to contact us, so we can offer the coupon code directly. The coupon can only be used once by a person, and cannot be used together with other discounts or coupons. The validity of the coupon is a month after subscribing to the newsletter, we cannot guarantee that the coupon will be valid after the termination of that period. 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 Coins

Currently we offer an online, point-based loyalty program where customers with a registered account may earn loyalty points (so called “loyalty coins”) which can be exchanged for discount at a future purchase.

13.4.1. Earning Loyalty Coins

Customer must be registered and logged in to their account before purchase to be eligible for loyalty coins. Loyalty coins are then automatically earned by purchasing products online: 3 loyalty coins are earned for every 1 euro spent on products (excluding shipping and other additional fees, rounded to the nearest integer by the system). Loyalty coins will be attached to the account and available once the corresponding order is shipped. In case of cancelled or returned and refunded order, loyalty coins earned with that purchase will be deducted.

Additionally, customers can earn loyalty points within the framework of other campaigns with terms and conditions determined by the campaign. Loyalty coins are valid for three months after they were earned. Earning and usage of loyalty points are logged, and can be accessed through My Profile / Loyalty Coins.

13.4.2. Redeeming Loyalty Coins

1 loyalty coin then offers 0,01 euro (1 cent discount) (eg. 123 loyalty coins equals 1,23 euros discount) three months after they were earned. Partial redemption is available, at check out customer can determine the amount of loyalty points to be used. A maximum of 15 % of the purchase can be covered by loyalty points, it is not possible to gain more discount even if there is an available balance. In case where an order was made with redeeming loyalty points, and it is cancelled before shipping, the loyalty coins spent will be returned to the customer’s account and can be used within the original validity period. In case partial or full return and refund happens loyalty points cannot be reimbursed.

13.4.3. Loyalty Coins and Other Discount

Neither earning nor redeeming loyalty coins can not be combined with other general discounts or offers, unless otherwise specified in offer. When redeeming loyalty points during a purchase, customer does earn loyalty points though for the final amount excluding discount (and shipping costs and other fees).

13.4.4. Further Terms

Loyalty Coins earned are non-transferable to other users or account, do not have any monetary value and cannot be exchanged for money. Purchases redeeming loyalty points need to be made by the account holder. If misuse or abuse of the program is suspected, we reserve the right to monitor any account. Any misinterpretation or any conduct detrimental to our interest may result in immediate account deactivation and revocation of all loyalty coins. We reserve the right to exclude any individual from the program at our sole discretion. We reserve the right to change, limit, modify or terminate our loyalty program with or without further notice.

13.5. Exclusions for discounts

We reserve the right to exclude certain products or product categories from discount codes and our loyalty program.

13.6. Play Ambassador (affiliate program)

For current or potential customers who have an active social media participation, we might offer a one-time or more-time discount of 10-20%, if they apply and are accepted to become our affiliates. The amount, the duration and other terms and conditions of discount are based solely on our consideration in each individual cases (number of followers, active engagement, results, type of content provided), and are communicated directly. Any discount or other benefits can be terminated without prior notice – especially, but not only in the case of misuse, or when communication and values are not matching our expectations. Our call for ambassadors (with actual details of participation) and the application form are available under the provided links.

13.7. Gift vouchers

On our website you can purchase an electronic gift-voucher that can be used redeemed online for purchases made on www.malihnog.com.

The electronic voucher can be purchased as a digital product directly from the website, with the same payment terms as any other products. The gift voucher is emailed to the customer’s email address within 24 working hours after payment has been received. The voucher is only sent in a digital format, no physical vouchers are sent.

The gift voucher can be purchase in a minimal value of 10 euros. Other values than listed on the website can be requested in an email sent to orders@malihnog.com.

Gift vouchers are valid until the end of the consecutive year of purchase (eg. a voucher purchase on 11th November, 2020, is valid until 31st December 2021). It can be redeemed in one or multiple purchases, by applying the unique voucher code at check-out. When using the gift voucher, if the purchase value do not reach the original gift voucher value, after fulfilling the order the original gift voucher code will be reset for the remaining amount and can be used within the original validity period.In cases when the order value is higher than the amount on the gift voucher, the price difference needs to be paid for.

Gift vouchers purchase in a value higher than 60 euros entitles for a one-time domestic free shipping in Slovenia, too.

Gift Vouchers will NOT be replaced or refunded if lost, stolen or damaged. You are solely responsible not to reveal the code to third-parties, and we cannot be held responsible for funds used without your knowledge. Gift vouchers cannot be exchanged for money.

In case of return of an item, the amount is refunded on the gift voucher and can be reused within the original validity period.

Promotional discount codes cannot be used against gift voucher purchases, and no loyalty points can be collected or redeemed when buying or redeeming gift vouchers. Gift vouchers cannot be used to purchase with gift vouchers.

No VAT is charged when buying a gift voucher; however, purchases paid for with a gift voucher will be charged applicable VAT. Invoices are made on the name of the customer who have originally purchased the gift voucher.

13.8. VIP Customer Discount and Membership

Returning and loyal customers can apply to join a customer list, where special discounts are provided via text messages up to 2 times a calendar month – operated on the phone application WhatsApp. Customer can apply by filling in this application form once they qualify for the following criteria of VIP membership:

  • They have made at least 2 purchases in the last 12 calendar months,
  • altogether in a value of 150 euros at least.

The customer have to provide evidence of complying the criteria in form of sending or providing the invoice number issued on his or her name. Invoices which were not issued under customer’s name can only be accepted with consideration at our sole discretion – for example if from the family name and / or shipping address shows the order has been made within the same family. If an order has been partially or entirely returned that purchase or invoice cannot be taken into consideration at all.
The membership of the communication list is for 12 calendar months after the approval of application, which the customer receives a message directly on WhatsApp. The membership can be only extended by re-applying after the 12 calendar months has passed.

VIP membership offers distributed on the communication list are for personal use only and cannot be transferred to a third-party.  To reassure personal use we reserve the right to limit the purchase value at 250 euros with which the discount code can be used. We also require an email address to be provided at application: discount codes can be used only by the user using the same email address registered as an eligible VIP customer. If misuse or abuse of the program is suspected, we reserve the right to monitor any account, and any misinterpretation or any conduct detrimental to our interest may result in immediate withdrawal of membership. We reserve the right to exclude any individual from the program at our sole discretion. We also reserve the right to change, limit, modify or terminate the VIP Customer Membership Program with or without further notice

VIP offers and discount codes are distributed in exclusively WhatsApp in so called broadcast messages and cannot be sent by any other means of communication tools. In order to receive the broadcast messages, the member needs to command the application, and add our phone number as a saved contact. We cannot be held responsible for any technical issues, especially but not only on the customer side’s – and no claims can be made in case the member do not receive the messages. The member also needs to make sure that all information, including the phone number, provided at the time of application was correct, and in case of any changes it is communicated to us.

14. Giveaways

Occasionally we might host sweepstakes (or giveaways) on our webpage or on our social media platforms (facebook or Instagram (malihnognaokrog) or Instagram (takoseigramo)). 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 at the time of 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 filling in this online form or sending an email to orders@malihnog.com or a letter by post (Playgency d.o.o., 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) – naturally with the exception when more items were ordered but later only partially cancelled or sent back.

Please also note that in the case where only some items are returned for refund and this brings the order total below the value that originally qualified you for free shipping, the respective postage fee 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:

Malih nog naokrog, Playgency d.o.o.
Industrijska cesta 5., Kromberk
5000 Nova Gorica, 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 and considerable sign of damage on the package. If the package has signs of damage, please inspect the articles inside the packaging carefully in front of the courier if he allows it, and only take it over from the delivery company if all items are intact. If you are not allowed to open the package, then insist on filling in a form and registering the fact that the parcel was damaged upon arrival. If the courier service is not helpful documenting this fact, but you think the damage is not substantial, you can still decide to take over the parcel and sign it, but in this case please add to your signature at least: “signed with reservation”. If the courier service is not helpful at all, ultimately you can still refuse the package. In this case it will be taken back to the depo, and we will be notified.

Important: If you take over a package without taking one of the precautionary steps above, we might not be able to prove damage and claim compensation, and your replacement or refund might be affected.

In all cases, we would like to kindly ask you to notify us within 24 hours of delivery by filling in this online formor writing us an email to orders@malihnog.com about the damage and what steps you have made.

In case of documented damage we will settle the issue 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. Damaged or incorrect items

If no damage was visible from the outside, we kindly ask you to open the package after arrival if possible, and check whether you have received the right items, and if they are all in a good condition. If you discover any mistakes, please let us know preferably within 3 working days after taking over your package (but not later than 2 months if you can open the package only later) by filling in this online form, or printing this form here and sending it to us by post,  or sending us an email to orders@malihnog.com outlining the same necessary information and attaching pictures. Please keep and attach pictures of the original packaging, tags and stickers of the items – we can only accept complaints like this, as we might need the information (for example batch number) and proof to make sure of the origins of the item.

We will do everything to solve the problem as soon as possible: if only a part of the toy is damaged, then whether we will offer sending a replacement part after consulting the manufacturer, or send a replacement product, or if we are unable to do any of these two options, we will offer a refund of the price it has been bought for.

Please note that in case you have received a damaged or a different item, we might need to take it (or them) back, and we need your cooperation in their return. Of course we will arrange and cover the cost of returning the articles, and we will always do after consulting you and picking the option causing you the least inconvenience.

16.2.1. What is considered faulty or damaged in case of wooden and natural toys?

Most of our products are handmade out of natural materials, therefore they have more unique characteristics than mass-produced uniform products. We always try to inform our customers about these characteristics (for example, in product descriptions), and these cannot be claimed as faults in a complaint. Before buying natural toys, please read carefully the products pages and the available information.

If a product or a part of it is broken, has cracks, chips or splinters, then you should never give it to your children, but please contact us. If a product cannot be used as intended (for example a lid of a shape sorter cannot be opened or closed), then again we obviously consider it as a defect.

What is NOT considered as faults in wooden and natural toys? Wood can have various markings by nature that can also show up in the products. Therefore, wooden toys can naturally have changing structures and colours: it can have darker lines, different grain structures or even dark knots. Most of our manufacturers also use water-based stains, as they are healthier, more natural and also preserve the beautiful structure of wood. The structure of the wood can absorb this kind of paint differently and it is absolutely normal that colours can vary, and painting is not uniform on the same kind of product, or intensity of colour is not even everywhere on the same products. Since the toys are many times not coated and sealed with lacquer or heavy varnish, minor paint transfers are also absolutely normal. It is also normal that no two handmade products are alike. Minor asymmetries (for example in stackers or rainbows), variance in weight or thickness, velvety or a bit rougher finish (as long as it is not splintery) is again absolutely normal. Wooden figures are hand-painted, therefore every single piece is unique and they are not uniform. They can slightly differ from the one shown on the picture! Some of the wooden toys are finished with natural oils, including linseed oil which might have a stronger than usual smell after opening the packaging. This smell is completely natural and will disappear with time and use. Finishing oils can also cause some transfers on the packaging if they come in a cardboard or sack.

Of course, if the product is not to your liking or you are not satisfied with it, you still have the right and option to normally withdraw from the contract and send it back to us as outlined under 15. Cancellation right and return policy.

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 seller has delivered a product that does not match the sample or model, unless the sample or model was shown solely for the purpose of notification.
  • 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 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. International customers and orders

19.1. Equal treatment of customers

We treat equally domestic customers and customers within the European Union. All points of our terms and conditions are valid equally regardless of the residency of visitor and/or customer within the European Union. The main language of placing an order or any related communication is Slovene. We are not obliged to provide any further languages. However, For the time being, we  voluntarily provide English as a secondary language for international customers, both for navigating our website and the related communication. In certain cases we might also voluntarily use other languages of our international customers through our communication, when we are able to do so.

Please be aware that we are not obliged to meet or inform the customers of any legal requirements, including labelling or any other laws concerning the type of products we sell, of the home country of an international customer if it differs from the Slovenian regulations we are required to meet.

19.2. Prices and payment

All prices include VAT unless otherwise stated. We perform distant selling within the European Union, and VAT is calculated accordingly, based on the member state where customer is located.

The prices are in the Slovenian currency (euro), and all payment needs to be processed in this currency. The prices stated in euro and the shipping cost must be fully paid, meaning the customer is responsible for calculating with (and in case it’s necessary, also covering) the additional charges or fees caused by the exchange of currency or international transaction.

All payment (including shipping costs) must be paid in advance whether via bank card (Barion, Stripe) or bank transfer to our Slovenian account in case of international deliveries. At least one of the bank card payments is automatically available at check-out. In case you would like to pay by bank transfer, please contact us at orders@malihnog.com.

In case of returning the goods (like in case of withdrawal from the contract provided by the EU law as described under point 15.), we are obliged to repay the full price of the returned goods in our local currency, but we are not responsible to cover any additional costs (including differences caused by different exhange rates, banking costs or the international delivery fee of returning the item to our official Slovenian address).

20. Customer Responsibilities

The customer is obliged to check the if the data on the invoice is correct and notify the seller in case of any errors within eight (8) days of receipt. Subsequent complaints regarding the data on the invoice won’t be taken into consideration. In the case of payment by credit card, the customer’s credit card will be directly debited upon confirmation of the order (ie when the sales contract is concluded in accordance with the general terms and conditions). The amount to be charged to the credit card may differ from the amount stated on the order, as it depends on the surcharges or fees of the card issuer (and / or card provider) applied during the transaction process.

The seller is not responsible for fees related to fluctuating exchange rates and for surcharges set by the buyer’s bank, as well as for any other additional fees for foreign currency transactions charged to the buyer by the card issuer, if EUR is not the currency in which the credit card issuer issues invoices to the customer.

21. Limitation of Liability

We makes every effort to ensure that the information published on its website is up to date and accurate. We also strive with the diligence of a good expert and master to thoroughly inspect each order and also to fulfil it fully and completely. Despite increased diligence, unfortunately, there may still be situations that may affect the fulfilment of the this obligations, over which we have no influence, cannot anticipate or prevent them, and for which we cannot be held responsible . This includes e.g. a stop in production of a certain product without prior notice by the manufacturer or supplier, unexpected closure of the supplier, ban on the supplier’s business by official bodies, subsequent recall of the product, subsequent ban on the sale of the product, closure of state borders and impeded import due to emergencies, force majeure, natural and other disasters or other unexpected and unforeseen events, which can affect our  ability as the seller to deliver the ordered product within the stipulated time. In the event of any of the above situations, we have  the right to withdraw from the contract, and obliged to notify you, the buyer in writing immediately after learning of the reasons for the inability to perform the contract, and clearly and unambiguously state that we withdraws from the contract. In such case, we will return all payments already received to immediately, but no later than within five (5) working days from the withdrawal from the contract.

22. Complaints and disputes

We respect the existing consumer protection legislation and use every effort to fulfil our duty to provide an effective complaint handling system. We will do our best to handle each potential complaint in the shortest possible time. The complaint can be sent by e-mail to info@malihnog.com, or by post to the following address: Playgency d.o.o, 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 with information on 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.

23. 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.