General terms and conditions
Andrej Rihter s.p.
Šmiklavž 39
3342 Gornji Grad
Šmiklavž 39
3342 Gornji Grad
Registration number: 005125648
Tax number: SI 20141963
E-mail address: info@rwood-store.com
General part
General terms and conditions
- General terms and conditions (hereinafter general terms and conditions) Andrej Rihter s.p. (hereinafter referred to as the Company) are an integral part of all contracts between the Company and product buyers (hereinafter also referred to as: Customers) who do business with the Company.
- The provisions of the General Terms and Conditions also apply to all offers, invoices, preliminary contracts, legal business statements arising from business between the Company and the customer.
- The subject General Terms and Conditions have been drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1) and the Electronic Communications Act (ZEKom-1).
- The subject General Terms and Conditions determine the operation of the Company’s store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.
- Use of terms:
- Customer is a natural person who is in a legal business relationship relationship with the Company.
- Consumer is any customer who is a natural person and acquires or uses the Company’s goods for personal purposes or for purposes outside their professional or commercial activity.
- Offer is a uniform term for an offer in various forms, a pro forma invoice or other form of proposal for concluding a contract, which the Company offers to the customer.
- Order form is a document, written, electronic or other notification by which the customer communicates his request and/or pro forma invoice and/or conclusion of a contract.
- Contract is an agreement in written form, which is concluded between the Company and the customer. An offer or pro forma invoice, which the Company sends to the customer and which the customer accepts or confirms, is also considered to be the conclusion of a contract. The general terms and conditions in question are an integral part of every contract.
- A contractual relationship is a legal business relationship that the customer concludes with the Company by placing an order and accepting these general terms and conditions, whereby it is considered that the parties agreed on the content of these general terms and conditions at the time of entering into the contractual relationship.
- The subject of the contract may be:
- goods, which may be all products from the Company’s sales catalog.
- With regard to informing the customer about the delivery, conclusion, withdrawal or amendment of the contract and all other information, the transmission theory applies. This means that the date of notification to the customer is the date on which the Company sends the notification via a communication medium.
- All notifications to customers relating to the delivery of the subject of the contract, conclusion or withdrawal from the contract and other information are provided by the Company via e-mail to the address provided by the customer. The company also informs via regular mail, telephone or in another manner agreed upon with the customer. The company records all messages.
- The company undertakes to provide the following information at all times in its business premises or on its website:
- Company identity information (company name, registered office, registration and tax number)
- Contact information (e-mail address, telephone number)
- Information on the basic characteristics of the products
- Information on the availability of the products
- Delivery conditions (method, location and date of delivery)
- Unambiguously stated prices, including information on additional tax and transport costs
- Payment and delivery methods
- Validity period of the offer
- Terms and deadlines for withdrawal from the contract
Information on the complaint procedure
Use general terms and conditions
- The general terms and conditions in question take precedence, i.e. they fully replace any missing, different and conflicting contractual provisions between the Company and the client.
- The general terms and conditions in question replace any general terms and other documents of the client, unless the application of the general terms and conditions in question is explicitly excluded by the Company in writing.
- The general terms and conditions in question constitute an integral part of the contracts concluded between the client and the Company. By signing the contract or otherwise entering into a contractual relationship, the client fully agrees with the content of the general terms and conditions in question. The client hereby expressly acknowledges that the general terms and conditions of the Company shall apply exclusively to all mutual legal relationships. If the client wishes to cooperate with the Company in business and enter into contractual relationships with it, he is obliged to accept the general terms and conditions in question in their entirety and in the form in which they are. The customer waives the possibility of influencing the content, form and individual contractual provisions of the general terms and conditions.
- The general terms and conditions in question apply in addition to general legal regulations as an individual special act.
- The general terms and conditions in question are available at the online link. The general terms and conditions can also be viewed at the Company’s business address.
- By signing the contract or otherwise entering into a contractual relationship with the Company, the customer is fully aware of the content of the general terms and conditions in question.
- The general terms and conditions in question are binding on the consumer only if they have been expressly warned of their existence before entering into the contractual relationship. The consumer must be aware of all the options to familiarize himself with the general terms and conditions in full, in an understandable and accessible manner.
Changes to the general terms and conditions
- The company undertakes to publish any changes to the general terms and conditions on the website with the date of entry into force of the change.
- The general terms and conditions are binding in the form and with regard to the content that was available to the parties on the date of conclusion of the contract.
- In the event of any change to the general terms and conditions, the changes become binding on the customer on the day they become aware of them.
- The customer is deemed to be aware of the changes at the time the change is published on the website. It is hereby deemed that the customer agrees to the change of the general terms and conditions when accepting the general terms and conditions when placing the order.
- A customer who does not agree to the change of the general terms and conditions is obliged to provide the Company with a written statement of disagreement within 2 days of receiving the notification of the change. If the customer does not notify his disagreement with the changed terms and conditions within the specified period, it is deemed that he fully agrees with the change.
- If the customer makes a statement that he does not agree with the changed terms and conditions, the Company has the right to withdraw from the contract.
- The changed terms and conditions are also binding on consumers if the consumer has agreed to the change with a written statement, contract or annex. Otherwise, consumers are subject to the general terms and conditions that were in effect at the time the contract was concluded.
- If an individual provision in the contract or general terms and conditions is invalid or unenforceable or if a legal void arises, this shall not affect the other provisions in the contract or general terms and conditions, whereby the contracting parties agree that the provision that comes closest to the purpose or objective of the contract shall be used instead of the invalid, unenforceable or non-existent provision.
Conflict of legal provisions
- In the event that the general terms and conditions in question contradict other general terms and conditions of the Company, the provision that is more specific in the specific case shall apply.
- The Company and the Customer may exclude the application of individual provisions of the general terms and conditions in question if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.
- If the general terms and conditions in question are in conflict with consumer protection regulations, the relevant consumer legislation shall apply in this part.
General provisions
- The Customer is obliged to inform the Company of all information and facts that are important for the establishment and continuation of the legal business relationship, whereby are particularly important data on the change of the customer’s place of residence and other data, events and situations that may affect the legal business relationship between the Company and the customer.
- All specifications and data relating to weight, dimensions, price, volume, technical or other data stated in catalogues, offers, advertisements, advertisements, photographs, price lists, or other similar forms are considered only as guides or information that are not necessarily accurate and binding. This information in no way represents a binding offer for the Company. The customer cannot refer to these forms of records or advertising, but this applies only to a specific offer or an already concluded contract.
- The Company reserves the right to change the specifications or information from the previous point, without prior notice to the customer, and the specifications and information are binding only if they are specified in the contract.
- When dealing with consumers, the Company is bound by the statements in advertising messages about prices, product properties and warranty conditions. Prices in advertising messages are indicated in euros and include 22% VAT.
- Technical data and products that are the subject of sale may be changed and improved without prior notice, which also applies to products that have already been ordered.
Prices
- Prices displayed on the Company’s website may be changed without prior notice.
- Prices are binding from the moment the Company sends the customer an e-mail confirming the order.
- When dealing with consumers, the prices stated in the Company’s price list include VAT.
- The Company will provide the customer with the final price, which will include VAT, before concluding the contract or before the offer becomes binding for the customer.
- If the final prices If, due to the nature of the goods, it is not possible to calculate in advance, the Company will inform the customer of the method of calculating the final price.
- In the event of concluding a contract for an indefinite period, the final price that the Company will provide to the customer will include the total costs for the individual billing period.
- The prices are binding from the moment the Company sends the customer an e-mail confirming the order. If the price information is incorrect or the prices change during the processing of the order, the customer has the right to withdraw from the contract.
- In the case of delivery of products, standard packaging is included in the price of the product, while additional transport packaging and the costs of transporting the goods are charged by the Company at the price specified in the price list or at the price agreed upon between the Company and the customer.
Payment methods
- The Company allows payment for products in the following ways:
- Cash payment upon delivery by the delivery service Pošta Slovenije
- Payment using the UPN form to the Company’s bank account
- Payment via the PayPal application to the Company’s bank account
- Payment with payment credit cards (MasterCard, Visa, Visa Electron)
- The security of personal data and payments is the responsibility of payment service providers. For everything else, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
Invoicing
- The Company sends the customer an invoice for the ordered goods in the form of a PDF document to the e-mail address provided by the customer when registering on the Company’s website.
- It is the customer’s duty to review all data and specifications of the order before placing the order.
Ownership
- All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless The Company has issued a written permission to use this material. In the event that the Company issues a consent to use this documentation, the customer undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation are prohibited without the written consent of the Company. The customer agrees and is expressly informed that the said documentation constitutes a trade secret of the Company.
- Unless otherwise agreed in the contract between the Company and the customer, the Company acquires ownership, copyright and related rights to all documents that are necessary or provided in connection with the conclusion and/or execution of the contract.
Limitation of liability
- The Company makes every effort to ensure the accuracy of the data published in the online store. Product features, delivery time or price may change so quickly that the Company is unable to correct the data in the online store. In such cases, the Company will notify the customer of the changes and allow him to cancel the order or exchange the ordered item.
- Photos do not guarantee the characteristics of the product. The Company strives to provide accurate photos of the products for sale, but all photos should be taken as symbolic.
- The Company reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all orders placed during the period of technical problems. In such cases, the Company will immediately notify the customer of the technical problems and provide instructions on further procedures. Before visiting the Company’s website, the Customer must ensure the security of their technical means of access to the website and the security of usernames and passwords on the website at their own risk.
- The Company reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer available, if an increased payment risk of the buyer is established, if the order form was not completed in accordance with the general terms and conditions, or if there is an obvious error in the price list. In all such and similar cases, the Customer will be immediately informed of any withdrawal from the contract by the Company.
- The Company reserves the right to withdraw from the contract if an obvious error is established in accordance with Article 46 of the Code of Obligations. An obvious error is considered to be an error in the essential characteristics of the item and all errors that are considered essential according to the customs of the trade or the intention of the parties. The Company would not have concluded the contract if it had been aware of this. This also includes obvious errors in pricing.
Complaint handling and dispute resolution
- The interpretation of these terms of sale or contracts concluded between the Company and the customer shall be subject exclusively to the law of the Republic of Slovenia. The contracting parties undertake to resolve all disputes amicably, and in the event that all out-of-court avenues for reaching an agreement have been exhausted, the competent court in the Republic of Slovenia with jurisdiction over the Company’s registered office shall have jurisdiction to resolve the dispute.
- In accordance with the legal regulations, the Company does not recognize any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that a consumer may initiate in accordance with the Out-of-Court Consumer Dispute Resolution Act.
- The Company complies with applicable consumer protection legislation. The Company provides an efficient and confidential complaint handling system. The complaint must be sent to the e-mail address info@lumins.si.
- The Company will confirm receipt of the complaint to the customer within 5 working days of receiving it and inform the customer about the progress and duration of the complaint procedure.
Withdrawal of the Company from the contract
- In the event of a breach of the terms of the contract or these general terms and conditions by the customer, the Company has the right to withdraw from the contract without further notice to the customer. In such a case, the Company shall return any amounts paid to the customer’s transaction account.
- The Company has the right to withdraw from the contract if the customer fails to fulfill their obligations, if the customer provides the Company with untrue information that makes it difficult or impossible to fulfill the contract, and if they fail to pay their obligations in accordance with the contract and these general terms and conditions.
Opinions, ratings and recommendations
- Opinions, ratings and recommendations of subscribers are an integral part of the website and are intended for the community of users.
- The Company allows any user of the website to write an opinion, rating or recommendation, and the Company reviews them before final publication. The Company will not publish opinions or contributions that are offensive, inappropriate or that, in the Company’s opinion, do not provide benefits to other users and visitors to the website.
- By submitting an opinion, rating or recommendation, the user expressly agrees to the terms of use of his opinion or comment and allows the Company to publish part or all of the text in all electronic and other media of communication with the public. The Company has the right to use the content of the opinion or comment indefinitely and for any purpose that is in the Company’s business interest, including publication in advertisements or other marketing communications. The author of the opinion also declares and guarantees that he is the owner of the material and moral copyrights for the written opinions, ratings and comments and that he transfers these rights to the Company on a non-exclusive and unlimited basis.
Online sales of products
User registration
- The possibility of purchasing products online is available to persons who successfully complete the registration process on the Company’s website (lumins.si). To make a “quick purchase/order”, no prior registration is required.
- When registering on the website, the user obtains the following data to access the online store:
- username, which is the same as the email address the user provided during the registration process
- password for access.
- If the user wants to change their username or password, they can do so in the user section of the website.
Order submission process
- In the “shop” section of the website, the user can click on the “add to cart” option. The system then issues a notification that the product has been successfully added to the desired goods cart. When the system records the added product in the cart, the user can click on the appropriate button to either return to the store’s offer or continue with the payment process.
- If the user wants to remove a specific product from the shopping cart, they can access the added products by clicking on the cart icon and remove the selected product by clicking on the “remove” button. If the user wants to add new products to the cart, they do so by clicking on the “return to store” button and repeating the procedure from the previous article.
- After confirming the shopping cart with the selected products, the system redirects the user to the form with the buyer’s or client’s data. To complete the order, the user must fill in all fields marked with a red asterisk. The system allows the user to save the data from the form in the user’s profile for future orders.
- The user can choose between the above-mentioned payment methods.
- In case the user is the holder of a promotional code or coupon of the Company, he can use it and indicate it in the appropriate field when placing the order.
- The user can indicate that he wants to pick up the object of the order at the business address of the Company, or he can choose delivery by the delivery service Pošta Slovenija.
- Before placing the order, the user can check all entered data related to the order, which the system displays to him after successful confirmation of all previous stages of the procedure. The user confirms the order by clicking on the “Place order” button. If the order is successfully submitted, the system displays the order number.
- After successfully submitting the order, the user receives a confirmation of receipt of the order to their email address.
- A registered user can access information about the content and status of the order in their user profile at any time.
- In order to verify the user’s provided data and the accuracy of the order, the Company may contact the user at their phone number.
Delivery Terms
- The cost of transport packaging and delivery is charged for each product separately and depends on the type of product. In the case of collection of the order item at the company’s headquarters, there are no transport packaging and delivery costs.
- Ordered goods for which the order was placed on a weekday by 12:00 will be shipped on the same day, if the payment method used was cash on delivery, PayPal or a payment card. In the case of payment by invoice or bank transfer, the goods will be shipped after the funds have been received in the Company’s bank account. Ordered goods for which the order was placed on a non-working day or holiday will be shipped on the first following business day. Products for which a longer delivery period is explicitly stated on the website will be delivered within the latter period.
- In the event that the Company is unable to ship the goods within the promised period due to unforeseen reasons, it will inform the customer of the new delivery period via the contact details provided.
- The Company is under no circumstances liable for non-delivery of goods for reasons beyond its control. The Company will endeavour to do everything necessary to ensure that the delivery of goods is carried out as quickly as possible and that the customer is promptly and regularly informed of any delays in delivery by the supplier, and in no event is the Company liable for any delay or possible non-delivery of certain goods for reasons attributable to the supplier.
- In the event that the customer does not receive the ordered goods within the agreed period, the Company must request the Company to fulfil its obligations and set an additional deadline for fulfilling the obligations. If the Company fails to deliver or fulfill its obligations within the additional period, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of goods.
- The Company is not liable for delay or non-delivery of goods in the event of war, riots, demonstrations, government interventions, fire, floods and other natural disasters, import or export embargo or any other similar reasons or reasons of force majeure that the Company cannot influence.
- In all the above-mentioned reasons for delay, the delivery time is suspended for the duration of the influence of the aforementioned circumstances from the previous article, and after the cessation of the influence of such circumstances, the deadlines continue to run.
Acceptance of goods
- The subject of the contract must be fulfilled in the place agreed in the contract or offer. If the place of performance is not specified in the contract or offer, the Company and the Customer may subsequently agree on this.
- The Customer is obliged to take over the subject of the contract no later than 14 days after receiving the Company’s written request, in accordance with the previous points regarding the place of delivery/performance.
- In the case of delivery of goods via partner delivery services, the Customer is obliged to take over the goods in accordance with the terms and conditions of the delivery service.
Promotional codes
- The Company’s promotional code provides numerous benefits when purchasing products within the online store (small gifts with purchase, discounts, etc.). The promotional code may be found in various advertisements, e-mails from the Company and on other media.
- The usability of the promotional code is limited in time; The code can only be used within the time period specified for the individual code.
- The user can enter and confirm the code in the promotional code field during the order process. Once the code is successfully confirmed, the resulting discount value (if the promotional code allows a discount) is automatically deducted from the order value, and the user must pay the difference up to the total order value.
- Only one promotional code can be used at a time during one order process.
Consumer rights and obligations
- In accordance with the Consumer Protection Act, the consumer has the right to notify the Company, within 14 days of receipt of the goods, via the form attached as an integral part of these general terms and conditions, that he withdraws from the contract, without having to state the reason for his decision. The deadline begins to count one day after the date of receipt of the goods.
- The consumer shall notify the withdrawal from the contract to the seller’s e-mail address info@lumins.si or in another manner enabled by the Company’s other contact details. The consumer must state the intention to withdraw from the contract clearly and unambiguously.
- In the event of withdrawal from the contract, the consumer shall either return the received goods or send them to the Company’s address Rakovlje 63, 3314 Braslovče. The goods must in any case be returned to the Company no later than 14 days after the Company is notified of the withdrawal.
- In the event of withdrawal from the contract, the Consumer must return the goods to the Company without damage and in the same quantity, unless the goods are destroyed, damaged, lost or their quantity has decreased through no fault of the Consumer. The goods must be returned in their original packaging.
- If the Consumer requests a refund of the purchase price upon withdrawal, the Company will refund it exclusively to the Consumer’s bank account, which the latter indicates in his request. The Consumer must provide his personal data (personal name and contact details) together with the statement of withdrawal and attach an invoice corresponding to the order. The company shall refund the purchase price no later than 14 days after receipt of the goods.
- The only cost borne by the consumer in connection with the withdrawal from the contract is the cost of returning the goods.
- In the event that a promotional discount code was used when placing the order, the consumer shall be refunded the discount in the form of a new promotional code in the event of withdrawal from the contract.
Liability for material and legal defects
- The company shall be liable for material defects that the goods had at the time when the risk of accidental destruction or damage passed to the customer. This moment generally occurs upon receipt of the goods.
- The customer is obliged to immediately or as soon as possible inspect the subject of the contract, identify any defects and record them. Otherwise, the Company shall not take into account material defects that are not hidden and were known or should have been known upon inspection of the subject matter of the contract.
- The customer is obliged to notify the Company of obvious material defects on the form that is an integral part of these general terms and conditions as an annex, immediately after the due inspection, and of hidden material defects immediately after discovery, otherwise he is not entitled to have the material defect eliminated.
- The consumer is obliged to notify the Company of the material defect within two months from the date on which the material defect was discovered.
- The Company is liable for material defects that become apparent within six months of the delivery of the goods, and in the case of consumer contracts, within two years from the date of delivery of the goods. The Company guarantees that no third party has any ownership, copyright or industrial property rights on the subject of the contract that would exclude, reduce or limit the rights of the customer, or guarantees that these rights have been regulated with its contractual partners.
- The Company does not take into account minor factual errors.