General terms and conditions

General

Terms and conditions of the terms and conditions of the business are drawn up in accordance with the Consumer Protection Act, the Personal Data Protection Act  and the Electronic Communications Act ), based on recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for online and electronic commerce.

Terms and conditions of the terms and conditions govern the operation of the online store www.rrselection.com (hereinafter “online store”) operated by the company

 

EKSKLUZIVNA DARILA D.O.O.

ŠKOFJA VAS 7, 3211 ŠKOFJA VAS

Tel: +386 (0) 3 492 40 40

E-mail: info@ekskluzivnadarila.si

VAT No.: SI67337333

Registration number 647581700

Court register entry number SRG 2013/40186 of 24 October 2013

 

(hereinafter: “the seller”), the rights and obligations of the provider and visitors of the online store and of the users who execute the purchase via the online store (hereinafter “the buyer”).

Terms and conditions govern the functioning of the online store, the rights and obligations of users and the online store, and govern the business relationship between the seller and the buyer.

The buyer is bound by the Terms and Conditions of Business applicable at the time of purchase (submission of the online order). When placing an order, the buyer is always reminded of the Terms and Conditions and confirms his acquaintance with them by placing an order.

Information accessibility

The seller undertakes to make available to the buyer at all times:

• the identity of the seller (name and registered office of the company and the registry number, where the company is registered);
• contact details that enable the buyer to communicate quickly and effectively with the seller (e-mail address, telephone, etc.);
• information on the essential characteristics of the products or online store services, including after-sales services and warranties;
• information on product or service availability from offer, available in the online store (each item offered in the online store should be available within a reasonable time);
• method and conditions of delivery of products or execution of services, in particular the place and time of delivery;
• prices, which must be clearly and unambiguously set and must show clearly whether they already include taxes and transport costs and other charges;
• information on the payment method;
• information on the time validity of the offer from the online store;
• information on the period during which it is still possible to withdraw from the contract and the conditions for withdrawal,
• information on the possibility of returning the products and if and how much such a return cost is for the user;
• information on the customer complaint procedure and information on the seller's contact person for customer contact.

Product range

Due to the nature of online business, product range in the online store changes and updates frequently and quickly, and therefore errors can also occur. In order to be able to rectify the defects as quickly as possible, the seller asks the buyer to inform him about them via the form or telephone number published on the website.

Order 

The sales contract between the seller and the buyer is concluded in the online store of the seller at the moment when the seller sends the buyer the first e-mail about the status of his order (with the title: confirmation of order receipt). From this moment, all prices and other conditions are fixed and apply to both, the seller and the buyer. This e-mail is not a confirmation that the goods are in stock or that the shipment of goods had begun, but only a notification to the buyer that the seller had received the order and that the procedure for checking the availability of the goods had started. The buyer is a person with the data as stated when placing the order. It is not possible to later change the buyer’s data.

The sales contract (i.e. the first electronic order status message) is stored electronically on the seller's server.

After checking the availability, the seller sends the buyer an order confirmation/pro forma invoice with a link in the e-mail with information on deadline and delivery. The purchase contract between the seller and the buyer is concluded at the moment when the seller sends the buyer’s order online confirmation. Within the agreed deadline, the seller prepares and sends the items and informs the buyer about this via e-mail. In the e-mail, the seller also informs the buyer about the product return policy and informs him of the contact persons in case of a complaint or delay in delivery.

After the delivery of the ordered items, the seller sends the invoice to the buyer by post or to the customer's e-mail address or as a printed invoice attached to the delivered items. In the case of personal collection at the collection point, the buyer receives a printed invoice for the purchased items upon receipt. 

The invoice includes a breakdown of the price and all costs related to the purchase, as well as a notice of the right to withdraw from the contract.

The buyer is obliged to check the correctness of the data before placing the order. Subsequent objections regarding the correctness of the issued invoices are not taken into account.

Delivery

The contractual partners for the delivery of parcels are Pošta Slovenije. The price for delivery to an address in Slovenia is €6.50. For orders over €100.00, delivery is free. The delivery time for products that are in stock is, as a rule, from 1 to 5 working days for delivery addresses in Slovenia, unless the delivery service delivers to an individual delivery address later. We also deliver to all EU countries. The delivery price depends on the country and the quantity/weight of the bottles. Delivery to foreign countries is from 3 to 10 working days.

For all products, delivery addresses in Slovenia are subject to the delivery deadline, which is indicated next to the product or in the basket when purchasing in the online store. Every item from the online store is available within a reasonable time, unless the delivery service does not guarantee this and this is explicitly written next to the product or in the basket, then the merchant does not ship the goods on Saturdays, Sundays and holidays.

The buyer or addressee is obliged to check the quantity and quality of the goods upon receipt. The buyer expressly undertakes that, due to the later delivery of the goods or a different method of delivery of the goods, he waives other methods for reimbursement of the costs incurred, the purchase price paid and the costs of the delivery of the goods paid, such as compensation claims in the form of civil lawsuits and the like, and retains all other minimum rights in accordance with the provisions of Articles 23 and 24 of the Consumer Protection Act.

Prices 

The online price applies to all registered users of the seller's online store who have entrusted their information to the seller. You become a registered user of the seller's store by registering in the online store as a member of the online store or by registering once in the online store as a guest of the seller's online store.

All prices in the online store are listed in euros and include VAT, unless explicitly stated otherwise. Special price is a reduced regular price at which the presented item is sold for a definite or indefinite period of time. Prices are valid at the time of placing the order and do not have a predetermined validity. Prices in the wholesale online store do not include VAT or this information is explicitly stated. All prices in the online store are product prices and do not include shipping costs. All prices are valid only for electronic ordering of products through the online store. Prices are valid in case of payment with the payment methods listed below.

All prices are valid at the time of placing the order and do not have a predetermined validity, so they are valid only until they are changed. Despite the seller’s efforts to provide the most up-to-date and accurate information, price information may be inaccurate. In the case from the previous sentence and in case the price of the product changes during the processing of the order, i.e. from the moment of placing the order until the confirmation of the order, the seller will a) inform the buyer and inform him about the new prices, the buyer can in this case change the order or cancel it in part or in full, or confirm the order at new prices, all at no additional cost; and b) enable the buyer to withdraw from the purchase and at the same time offer him a solution that will be to the mutual benefit and satisfaction.

In addition to special prices, it is possible to use discount coupons and discount codes in the online store. The coupon benefits do not add up to the special prices of the items or it is not possible to use additional discounts on items that have a reduced price.

Payment methods 

The seller provides the buyer with the following methods of payment for the purchase of products from the online store:

• by means of a payment or credit card (BA Maestro, Eurocard/Mastercard Visa, Diners club); 
• by transfer to the seller’s account by offer/pro forma invoice

Payment with a payment or credit card is only possible if the data in the buyer's profile for the payer are the same as the data in the buyer's profile for the payment or credit card holder. When paying with a credit card online, in the event of cancellation of the order or change of payment method by the customer, the buyer must notify the seller by e-mail to credit the card or refund the purchase amount.

In the case of cash on delivery, the buyer must pay the cost of paying via UPN, which is paid to Pošta Slovenije upon receipt of the package. The commission is charged according to the current price list of Pošta Slovenije, which can be found at the link below:

https://www.posta.si/zasebno-site/Documents/Ceniki/Cenik-ostalih-storitev.pdf

 

Withdrawal from the contract/Return of goods

The buyer has the right to notify the seller within 14 days from the day of receipt of the ordered products to the published e-mail address that he withdraws from the sales contract, without having to state the reason for such a decision. The buyer is deemed to have returned the goods in good time if he has sent it within the 14 day refund period. The time limit begins on the day on which the ordered item is taken over. The only cost borne by the buyer due to the withdrawal from the purchase agreement, is the cost of returning the products to the seller.

To withdraw from the purchase agreement, the buyer should complete the form on the link below or draw up a withdrawal statement containing the information in the form below:

 

https://docs.google.com/document/d/1DReixyTo-e4yFHNloOpwkGQSIpM-W2WsdLAMiBknjRk/edit?usp=sharing

 

The buyer may forward the declaration to the seller on the published e-mail address, post, personally, or attach it to the returned items. A copy of the invoice must be attached to the declaration.

The deadline for the refund of purchased products is 14 days from the date of the notice of withdrawal from the purchase agreement. Returned products must be undamaged, in their original packaging and in an unchanged quantity, unless the products are destroyed, damaged, lost or their quantity is reduced without the fault of the buyer. In the event that the defect has caused ineligible costs for the buyer, the seller will try to pay them no later than 14 days from the reasoned notification with an explanation of the defect. The seller carefully packs all products in the delivery box before shipping. All products are undamaged, carefully inspected and in their original packaging before being packaged.

For returned items, the seller returns the paid amount or the used gift voucher to the buyer no later than 14 days after receiving the notice of withdrawal, and any used promotional codes and other discounts are not returned to the buyer. The return of the paid amount is made by the seller to the buyer's bank account or with the same payment method as it was received. The gift voucher used is returned by the seller in the form of a credit note. Return in cash is not possible. The seller constantly strives to ensure that changes to the website take place flawlessly, but it can still happen that an error occurs, and the seller undertakes to eliminate it as soon as possible upon discovery. The buyer can alert the seller about the error by calling or e-mailing 

In the event of withdrawal from the contract, the buyer returns the received item either by mail to the seller's address or brings it in person to the seller's collection point. The return of the received items to the company within the deadline for withdrawal from the contract is considered a notice of withdrawal from the contract. 

The buyer must not use the items unhindered until the withdrawal from the contract. The buyer may inspect and test the items to the extent strictly necessary to establish the actual situation. The buyer is responsible for the reduction in the value of the goods if the reduction is due to conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.

The buyer has no right to withdraw from the contract in the case of contracts, the subject of which is an article, manufactured according to the exact instructions of the buyer, adapted to his personal needs, which by its nature is not suitable for return, which is perishable or already expired.

In exceptional cases, when the items are not returned in accordance with the ZVPot, the seller may offer the buyer the purchase of the item with appropriate compensation, which the trader determines with the minutes upon return. Discounted redemption is taken into account upon confirmation of the buyer by e-mail. The buyer uses the said redemption only when ordering another item of the same or higher value 

The right to a refund of the purchase price in the event of a warranty claim and material defects is regulated in more detail by the provisions of the Consumer Protection Act.

If the buyer decides to withdraw from the contract for the items that make up the kit, he can request a replacement for the same kit or a refund for the entire kit. The buyer can replace the item from the set, in case of a material defect or damage to the item, and cannot request a refund. In the case of claiming the warranty of the item from the set, the manufacturer's warranty period applies.

Acceptance of items, returned from processing 

The buyer is obliged to take over the item that he handed over to the seller for warranty or other processing after the end of the processing. The buyer picks up the item at the pick-up point, where he personally handed it over to the seller, and in case he sent it by post, it will be returned to the delivery address. The trader sends the buyer a notification about the return of the item from the processing and invites him to take over the item. The buyer is obliged to take over the item within 14 days from the date of notification.

If the buyer does not take over the item within the stated deadline, the item is handed over to the seller at the address of his warehouse. The seller keeps the item in his own warehouse until 6 months from the date of notification. For this period, the seller has the right to reimbursement of all storage costs and the right to reimbursement of all costs necessary for the preservation of the item.

After 6 months from the date of notification, the seller can sell the item through his online store and transfer the amount of the purchase price, after deducting the seller's sales and other costs, to the buyer. In the event that the value of the item is insignificant, the trader may give it for charitable purposes, in which case the seller is not obliged to reimburse the buyer for any refund. 15 days before the expiry of the 6-month retention period, the seller informs the buyer of the intended sale or gift of the item, and after the sale also of the achieved price and amount of costs and the transfer of the remaining purchase price to the buyer's transaction account.

Security

The seller uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments. For these purposes, it uses a 128-bit SSL certificate issued by an authorized organization.

Credit card authorizations are performed in real time with immediate verification of data at banks. Card information is not stored on the seller’s server. The user is also responsible for security by ensuring the security of his username and password and the appropriate software and anti-virus protection of their computer.

A seller in an online store does not accept orders from someone they know or suspect to be a child without the explicit permission of his parents or guardians. The seller does not offer free access to products or services harmful to children in the online store. The seller will not accept any personal data, concerning children without the explicit consent of the parents or caregivers, nor will the seller issue data accepted from children to third parties other than parents or guardians. Any communication intended for children will be appropriate to their age and will not exploit the trust of children, lack of experience or a sense of loyalty.

Personal data protection 

The seller undertakes to permanently protect all personal data of the user in accordance with ZVOP-1. The seller keeps the following data of the online store members for an indefinite period of time: name and surname, e-mail address, contact telephone number, primary address and delivery addresses, country of residence, time and date of registration and archive of communication with the seller. By purchasing or registering in the online store, the buyer allows the seller to store, process and use personal data provided on the online form until revoked for the following purposes: for telephone, written and electronic notification of news and offers, event invitations, customer segmentation, surveys, statistical processing. Under no circumstances will the buyer's data be passed on to unauthorized persons.

The seller keeps the following online store guest data, but only for the time until the order is completed: name and surname, e-mail address, contact phone, primary address and delivery addresses, country of residence, time and date of registration and archive merchant. Once the order has been completed, only data relating to a particular order which can be accessed only through the knowledge of the invoice number and the order number, is retained.

The online store can also automatically collect some information about your computer hardware and software. These include: IP address, browser type, domain names, access time, and website addresses you visited in the seller's online store.

The user is also responsible for the protection of personal data by ensuring the security of his e-mail address, username and password and the appropriate software (anti-virus) protection of his computer.

Communication

The seller will contact the user via means of distance communication only if the user explicitly does not object and in accordance with the provisions of ZEKom-1. The seller's advertising e-mails will contain the following components: they will be marked transparently and unambiguously as advertising messages; the sender-seller will be clearly visible; various campaigns, promotions and other marketing techniques will be marked as such. The conditions for participation in them will also be clearly defined,
the method of unsubscribing from receiving advertising messages will be clearly presented; the user's wish not to receive advertising messages will be explicitly respected by the seller. The seller's advertising messages will be clearly visible and clearly separated from games and competitions.

Complaints and disputes

The seller complies with the applicable regulations in the field of consumer protection and has an effective system for handling complaints and a certain person with whom the customer can contact by phone or e-mail in case of problems. The buyer may submit the complaint to the seller's e-mail address. The procedure for handling the complaint is confidential. The seller will confirm within 5 working days that he has received the complaint and communicated to the buyer how long he will deal with it and keep him informed about the progress of the procedure at all times. The seller will make every effort to resolve any disputes amicably. If no amicable settlement of the dispute is reached, the competent local court has jurisdiction to resolve all disputes between the seller and the buyer. As a participant in electronic commerce, the trader and the buyer mutually recognize the validity of e-mails in court.

These Terms and Conditions of Business and all disputes between the seller and the buyer are subject to and apply Slovenian substantive and procedural law, without the application of the rules of private international law, which would indicate the application of any other law. The provisions of the Code of Obligations, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act apply mutatis mutandis to all relationships and to rights and obligations not regulated by these Terms and Conditions.

The seller publishes on its website an electronic link to the online consumer dispute resolution platform (SRPS), which can be found at the following link

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL. 

The seller is neither obliged nor willing to participate in the out of court settlement of consumer disputes. At the same time, the seller informs the consumers that he has not yet identified any of the individual providers of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

That arrangement derives from the Law on the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) No. 524/2013 Of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.

Alcohol Consumption Restriction Act (ZOPA)

Pursuant to Article 7 of the Alcohol Consumption Restriction Act, the sale of alcoholic beverages and beverages to which alcoholic beverages have been added to persons under the age of 18 is prohibited.

Pursuant to Article 8 of the Alcohol Restriction Act, a seller reserves the right to require any person, whom he suspects does not meet the age limit for the purchase of alcohol, to prove his age in advance with a document or public document proving his identity. If the person refuses to do so, the seller must refuse to sell the alcoholic beverage to that person.

Disclaimer

The seller is not responsible for the consequences of the use of products purchased in the online store, resulting from use that does not comply with the instructions for use of these products. All content on the merchant's website is of an informative nature and can only be used as a source of general information and cannot replace consultation with an expert. 

The seller is not responsible for disruptions in the course of service, which are the result of the behaviour of the buyer or providers of the route or infrastructure used by the online store service. The seller operates in accordance with the applicable legislation and at all times takes care of the buyers. In the event of disputes, it seeks an amicable solution. Any complaint may be addressed by the buyer to the published contacts.

The seller always strives to provide appropriate image material, descriptions and instructions for the products. Nevertheless, the photos of the products in the online store are symbolic, and the available text materials are of an informative nature. The buyer or user must read and follow the instructions provided with the particular product before use. Buyers can alert the seller of any errors at any time.

Actual error

An error is considered actual when:

• the item does not have the characteristics necessary for its normal use or trading;
• the item does not have the characteristics necessary for the specific use for which the buyer is purchasing it, but which was known to the seller or should have been known to him;
• the item does not have properties and qualities that have been explicitly or tacitly agreed or prescribed;
• the seller has delivered an item that does not match the pattern or model, unless the pattern or model was shown for demonstration purposes only.

The suitability of the item is checked with another, faultless item of the same type, as well as with the manufacturer's statements or statements on the item itself. The buyer must notify the seller of any material defect, together with a detailed description of it, within the legally prescribed period, and at the same time enable the seller to inspect the item. The right to claim a material defect in an item is regulated in more detail by the provisions of the Consumer Protection Act.

Changes to the Terms and Conditions of Business 

In the event of changes in the regulations, governing the operation of online stores, data protection and other areas related to the operation of the merchant's online store, and in the event of changes in its own business policy, the seller may change and/or supplement the Terms and Conditions, of which it will inform users in an appropriate manner each time. Any change or amendment to the General Terms and Conditions enters into force and apply upon the expiration of the 8-day period from the publication of the changes and/or amendments. If a change and/or amendment to the Terms and Conditions is necessary to comply with regulations, these changes and/or amendments may exceptionally enter into force and apply in a shorter period of time. 

The buyer who does not agree with the changes and/or amendments to these Terms and Conditions must cancel his registration within 8 days of the publication of the notice on changes and/or amendments to the Terms and Conditions, otherwise after this period, the contrary proof is considered and it is not permitted for the user to accept changes and/or amendments to the Terms and Conditions. The cancellation of the registration is done by the buyer notifying the seller of the cancellation in a written statement.

The trader operates in accordance with the Electronic Commerce on the Market Act (ZEPT) and the regulations adopted on the basis thereof.

Rules and conditions of business were adopted by the company representative ROMANA RAZGOR, EKSKLUZIVNA DARILA D.O.O. ŠKOFJA VAS 7 3211 ŠKOFJA VAS, 22.2.2023.

The General Terms and Conditions were updated on 22.2.2023.