Terms of Use

NOTICE: When using the website, the user agrees to comply with all the provisions specified in the general Terms of Use of the content of the web site www.pronega.si below.

By visiting the website and subscribing to the news, users agree to the General Terms of Use. If they do not agree with the General Terms of Use, it is not possible to use the website or subscribe to e-newsletter and fill in the forms on the site.

General Terms

The General Terms of Use (hereinafter: Terms of Use) of www.pronega.si (hereinafter: the Website) apply to the Terms of Use of the content on the Website. They constitute a legally valid and binding agreement between Pronega Ltd, Vipolže 19b, 5212 Dobrovo v Brdih (hereinafter: Service Provider) of any person who visits the website and / or uses the website in any other way (hereinafter: User).

The Service Provider reserves the right to modify and/or delete any part of the Website without prior notice. To ensure the best possible user experience, the Service Provider ensures that the website is constantly updated. The user acknowledges and agrees that the form and nature of the website will change from time to time without prior notice to the user.

Website accessibility

Websites are in principle accessible 24/7. The provider reserves the right to terminate the access to the website for a short period of time for technical reasons. The Service Provider also reserves the right to further terminate access to the Website in cases related to activities of maintenance and / or replacement of equipment. The Service Provider does not guarantee the access to the Website in the event of interruption in the networks of the ISP or any interruptions, errors and / or other technical disruptions or interruptions resulting from a failure of action of third parties (interruption of the Internet connection,  power outage ...) as well as in cases of force majeure.

Restricted access to the website

The Service Provider reserves the right to restrict or suspend the access to the content of web pages for a user's individual IP address if there is a suspicion of misuse specified in article 7 of these Terms of Use.

Age Restrictions and Liability

There are no age restrictions on the use of websites. Use of the websites is for the user's own use. Registration of other persons or filling in forms for other persons is not allowed, for which the user guarantees with full liability of indemnity and assumes passive legitimacy in case of dispute.

Privacy Policy and Cookies

The Privacy Policy and Web Cookies Policy are integral parts of these General Terms. The documents are available at the following links:

Privacy Policy

Cookies Policy

Disclaimer

The user acknowledges that:

Web technologies for transfer and access to the web pages content  are not 100% reliable at all times. The Service Provider assumes no liability in the event of any interruption in the operation of third-party systems required to access the Website (Internet Service Provider, Power Provider ...)

The Service Provider is not responsible for malfunctioning of the services resulting from improper use or lack of knowledge of the users when using the services.

The user needs adequate software and hardware (computer, web browser, internet access) to use the services.

The Service Provider cannot technically guarantee the operation of the services in the event of interruption of the network of contractual partners, power outages or other technical interruptions that would temporarily disrupt  the operation of the services.

All information, materials and other content on the web pages are informative. The Service Provider will make its best efforts to ensure the best possible presentation and operation of the websites, as well as the accuracy, completeness and correctness of the information presented on the Website. Nonetheless, the Service Provider assumes no responsibility for their accuracy, up-to-dateness and completeness.

Without the prior permission of the Service Provider, the pictures published on the website cannot  be copied, printed or stored. Without the prior permission of the Service Provider, the use of graphic elements and trademarks is explicitly prohibited.

The users agree:

not to use the content posted on the Website  for commercial, illegal or any other purpose other than those specified in these Terms of Use.

not to  distribute copyrighted content or content contained on the web sites.

not to attempt to obtain, collect and / or store personal information of other users of the Website.

not to  copy, store or forward all or parts of the content of the website in any way.

not to use computer codes, malicious software, or anything that may interfere with, disable, or damage the websites and / or the Service Provider and its software and hardware.

Complaints

In case of problems or any questions you can send a message to: info@pronega.si. 

Violations of Terms of Use

The Service Provider reserves the right to deny access to the Website to users who violate the Terms of Use or the General Terms of Service. If the user causes any kind of damage to the Service Provider through their actions, they are fully liable, morally, materially and legally for that. You can notify us of any violations of the Terms of use and / or General Terms of Service  by other users,  by e-mail: info@pronega.si.

Changes and amendments to the General Terms of Use

In the event of changes to the regulations governing the operation of the website, data protection and other areas related to the operation of the website of the Service Provider, as well as in the event of a change in its own business policy, the Service Provider may modify and/or amend these Terms of Use, in each case notifying the users in an adequate manner, which in particular includes notification via the website www.pronega.si or via email, especially if the changes relate to the personal information protection policy. Any changes and/or amendments to the Terms of Use shall take effect and be used at the time of expiry of the eight-day period from the date of publication of the changes and/or amendments. If a change and/or amendment to the General Terms is necessary to comply with the regulations, such changes and/or amendments may enter into force in a shorter time.

A user who does not agree with changes and/or amendments to these Terms of Use must, within eight days of the date of publication of the notice of the change and/or amendment of the Terms of Use, cancel their registration or cease to use the services, content or anything else from the website. Otherwise, after the expiry of this time limit, it shall be deemed, in which case the contrary argument shall not be considered, that the user accepts the changes and/or amendments to the Terms of Use. The cancellation of registration is done by notifying the Service Provider in writing. The cancellation implies  that the user shall no longer use the Service Provider website in any way.

The General Terms of Service were adopted by the manager of the Service Provider in Vipolže on July 26, 2019.

Web Store Terms of Service

General

The General Terms of Service have been drafted in accordance with regulations in the field of consumer protection, based on the recommendations of the Chamber of Commerce of Slovenia and  international codes of conduct for Internet and electronic commerce. The PRONEGA Web Store (hereinafter referred to as the "Web Store") is operated by PRONEGA LTD, Vipolže 19b, 5212 Dobrovo v Brdih (hereinafter referred to as "the Seller").

By registering in the Web Store, a visitor is given a username, which matches their e-mail address, and a user password, which the system assigns to the user upon registration. The username and the password uniquely determine and connect the user with all entered information. By registering, the visitor confirms and warrants that he or she is of legal age and has the legal capacity to contract. A visitor becomes a user by registering and obtains the right to make purchases. A visitor can also make a purchase at the Web Store without registering and having an account. In this case, the visitor makes the purchase as a guest, and by completing the order (placing an order), he/she guarantees that he/she is of legal age and has the legal capacity to contract. By purchasing a product, the user or visitor becomes the customer.

These General Terms of Service govern the operation of the Web Store, the rights and duties of visitors, users and customers, as well as the business relationship between the Seller and Users and Visitors as buyers of products from the Web Store.

Access to Information

The Seller agrees to always make available to the user:

information on the Seller's  identity (notably the company as the commercial entity, its registered headquarters and register number);

contact information, which enables the user to communicate with the Seller quickly and efficiently (e-mail address, telephone, etc.);

information on important features of the Web Store's products or services, including services and warranties after sales;

information on the accessibility of products or services offered in the Web Store;

the ways and conditions of product delivery or service performance, notably the place and time of delivery;

payment method information;

information about the time during which the offers from the Web Store are valid;

information on the period within which it is still possible to withdraw from the contract, as well as on the terms of withdrawal;

information on the possibility of returning the product and whether this incurs any costs to the users;

information on customer complaint procedures as well as information on the Seller's Point of Contact with the users.

Product offer, delivery time and conduct

Due to the nature of online business, product offers in the Web Store are often and quickly changing and updating.

Delivery time for products in stock is 7 working days for delivery addresses in Slovenia, unless the contract service delivers to a specific address later (see article 11). Other products for delivery addresses in Slovenia are subject to the delivery time stated with the product in the Web Store, if this is indicated. Each product from the Web Store is available within a reasonable time.

When placing a purchase order, the customer specifies one of the following methods of product delivery:

at the post office, in this case the customer also pays the postage costs. Postage costs are included in the final price shown in the Web Store!

Payment methods

The merchant provides the user with the following payment methods to purchase products from the Web Store:

Payment on delivery. Post of Slovenia, which is our contractual delivery service provider, charges the users a fee according to its price list for each payment. The fees for payment on delivery are not included in the final price of product or service of the PRONEGA. SI Web Store (the fees are not be confused with shipping costs included in the final price of the order). The commission fees for payment on delivery are as follows: 1,05 € for order values up to 98 €, 1.07% of the order value for orders from 98 € to 501 € , and 5,01 € for orders above 501 € .

Payment by pro forma invoice. Payment is made to the Seller's transaction account. When a payment is made, the Seller sends the ordered items to the delivery address filled in by the customer in the form when competing the order.

Prices

The web price is valid for all registered users of the Seller's Web Store. Depending on the selected payment method, web prices are subject to additional charges. (see article 4).

All prices in the Web Store are shown in Euros and include VAT, unless otherwise stated. All prices in the Web Store are product prices and do not include shipping costs (see articles 3 and 11). All prices are valid only for online ordering of products through the Web Store.

All prices are valid at the time of placing order and do not have a predefined validity, so they are valid only until they are changed. Despite the extreme efforts of the Seller to ensure the most up-to-date and accurate information, it may happen that the price information is incorrect. In such case, or when the price of a product changes during the processing of the order, that is, from the moment of placing the order until the order is confirmed, the Seller shall:

inform the user (customer) about new prices, whereby the user (customer) in this case has the opportunity to change their order, cancel it either partially or completely, or confirm the order at new prices, everything at no additional cost; or

allow the user (customer) to cancel purchase and at the same time offer them a solution to mutual benefit and satisfaction.

Purchase procedure

6.1. Technical steps leading to the conclusion of a purchase contract

The following technical steps are available to the user (customer) during the purchase process:

login to the Web Store using an email address or user password, if the user (customer) has already opened an account (see also article 1);

searching for a specific product offered in the Web Store;

selecting products to buy;

adding a selected product to your shopping cart;

determining the quantity of products to buy in the cart;

an overview of the price of the selected product in the selected quantity, including tax, if calculated;

selection of delivery method (see also articles 3 and 11);

selection of payment method (see also article 4);

review of the order with the selected delivery method and calculated shipping costs, if any, confirmation and placement of the order, and consequently the completion of the purchase (see also paragraphs 6.3. and 6.4.).

6.2. Technological means that enable the identification and correction of errors before placing an order

Prior to placing an order, through the graphical user interface, the user (customer) is able to instantly, easily and without difficulties:

see and review which products they have selected and added to the cart;

see and review the price of a particular product and the total price of the complete selected quantity of an individual product;

changes the selected quantity of an individual product and calculates the new price of the modified quantity;

remove selected products that they do not want to buy from the cart and calculate the tax based on the tax rate applicable to the selected product and its price (tax base).

Before confirming an order, the user (customer), through the graphical user interface, is able to instantly, easily and without difficulties:

change the selected method of product delivery;

change the selected payment method and

review and confirm individual changes.

6.3. Order accepted

After placing the order, the user (customer) receives an e-mail notification from the Seller about the receipt of the order. Within one hour of receiving this notification, the user (customer)has the possibility to cancel the order without consequences. In addition to the possibility of cancellation, the user (customer) cannot change the contents of the order after placing the order. The user (customer) has access to comprehensive information on the status and content of a particular order via their profile on the Seller's website.

6.4. Order confirmed

If the user (customer) does not cancel the order, the order is further processed. Upon receipt, the Seller reviews the order, checks the availability of the ordered products and either confirms  or rejects the order if there is a reason. The seller may also contact the user (customer) by telephone to the provided contact telephone number in order to verify the information or ensure the accuracy of delivery. The purchase contract between the user (customer) and the Seller is irrevocably concluded at this stage (see article 7).

6.5. Goods shipped

The merchant prepares the ordered products within the agreed time, sends them and informs the user (customer) via e-mail. In this e-mail message, the Seller also informs the user (customer) about the product return policy and gives them information about the points of contact in case of complaint or delay in delivery.

Purchase contract

The merchant issues a written invoice to the user (customer) who purchases the product from the Web Store, with a breakdown of costs and an explanation of the right to cancel the purchase with the return of the purchased product, if necessary and possible. The purchase contract in the form of a purchase order (that is, information about products ordered, additional postage costs, billing and shipping addresses, contact information, order placement date, total payment amount and order number) is stored electronically on the Seller's server and is available to the user (customer) at any time in their user profile. The purchase contract is concluded in the Slovenian language.

The purchase agreement between the Seller and the user (customer) is concluded at the moment the Seller confirms the order (see paragraph 6.4.). From this moment on, all prices and other terms of purchase are fixed and are applicable to both the Seller and the user (customer).

Right to cancel purchase and return product

The user (customer) has the right to inform the Seller about the cancellation of the purchase contract within 14 days from the day of delivery of the ordered products via the contact e-mail address info@pronega.si, without a need to state the reason for such a decision. The deadline for the return of purchased products to the Seller within the cancellation of the purchase contract starts with the notice of cancellation. The only expense for the user (customer) that arises from the cancellation of the purchase contract is the cost of returning the product to the Seller, that is, possible postage expenses or any other cost that may be incurred during the process of the physical return of the product.

The form for cancellation of the purchase contract is available to users (customers) here: http://www.pronega.si/assets/obrazci/vracilo_artikla_obrazec.pdf

Purchased products must be returned to the Seller no later than 14 days since the submission of the cancellation notice . Purchased products must be returned to the Seller undamaged.  in their original packaging and in unchanged quantity, unless the products have been destroyed, become defective, lost or their quantity has been reduced without the fault of the user (customer). If the postal package with which the user (customer) received the ordered products is physically damaged, if the contents are missing or if there are signs of opening, the user (customer) must initiate a complaint procedure with Post of Slovenia (see article 16). The return option does not apply to open packaging and used products.

For returned products, the Seller returns to the user (customer) the amount paid or the gift voucher used, as soon as possible and no later than 14 days after receiving the cancellation notice, whereby any promotional codes and other discounts used by the user (customer) will not be returned. Return of the paid amount is made by the Seller to the personal, that is, transaction account of the user (customer). The seller returns used gift voucher in the form of a credit note.

Warranty

Products are warranted, if it is stated on the invoice or on the warranty card. The warranty is valid if the instructions and conditions set out in the warranty card and the invoice attachment are observed. The warranty period is stated on the warranty card or invoice. Warranty information is also provided within  the presentation of the product in the Web Store. If there is no warranty information in the Web Store, then the product has no warranty.

The user (customer ) can obtain warranty from the Seller or directly from the product manufacturer or its authorized service center. The customer can obtain the warranty with a warranty card and an invoice. The manufacturer or its authorized service center is obliged to carry out the warranty repair within 45 days from the day of receiving the product to repair, otherwise the product must be replaced by another  product with the same value and in perfect condition.

Actual defect

The user (customer) may exercise their rights regarding an actual defect  if they notify the Seller of the defect within two days from the day when the defect was discovered. The user (customer) must accurately describe the defect in the message about the defect, and allow the Seller to inspect the items.

The merchant is not responsible for actual defects which appear two years after the item was delivered. It is deemed that the defect on the item already existed at the time of delivery if it appeared within six months of the delivery.

The user (customer) who has duly notified the Seller of the defect has the right to request the following from the Seller:

repairing the goods or returning a portion of the amount paid in proportion to the defect or

replacing the faulty items with new flawless ones or

full repayment of the amount paid.

When is a defect actual ? When:

the item does not have the features required for its normal use or trade

the item does not have the features needed for the special use for which the user (customer) purchased it, which was known to the Seller or had to be known to the Seller

the item does not have features and characteristics that have been explicitly or tacitly agreed upon or prescribed

the Seller delivered an item that did not match the sample or the model, unless the sample or the model was shown for information purposes only.

How is item adequacy checked?

It is compared to another, impeccable item of the same type, and at the same time with the manufacturer's statements and the statements on the item itself.

How to exercise customers rights in case of actual defect?

The customer must notify us of any actual defect, together with a precise description of the defect within the legally prescribed time frame, while allowing us to inspect the items. The form for reporting an actual defect can be found here: http://www.pronega.si/assets/obrazci/stvarna_napaka_obrazec.pdf

The rights in case of actual defect on an item is more precisely regulated by the provisions of the consumer protection law.

Delivery

The merchant shall deliver the ordered products to the user (customer) within the agreed time. The contractual partner of the Seller for shipment of orders is the Post of Slovenia. The seller reserves the right to choose another delivery service if it will conduct the order delivery more efficiently.

In case of payment on delivery, the customer also pays the postage fees. The buyer shall cover the postage if the purchase amount is below 50 €, otherwise the shipping is  FREE. Namely:

For purchases over 50 € POSTAGE IS FREE, costs for purchases above 50 € are only incurred when paying on delivery, when the delivery service the Post of Slovenia charges a fee: for the amount of order up to € 98.00, it charges € 1.05 , for the amount from € 98.00 to € 501.00, it charges 1.07% of the value of the package.

For purchases under 50 €, a postage of 3.50 € will be charged, and the delivery service of the Post of Slovenia charges a commission: for the amount of ransom up to € 98.00, it charges € 1.05 commission, for the amount of order from € 98.00 to € 501.00 it charges 1.07% of the value of the package, and for the amounts above € 501.00 it charges a fixed amount of € 5.01.

Security

The seller uses appropriate technological and organizational means to secure the transfer and storage of personal information and payments. The security is the responsibility of the user, namely by taking care of the security of their username and password and using appropriate software and virus protection on their computer.

Child Protection

The seller in the Web Store does not accept orders from someone they know or suspect is a child without the explicit permission of the child's parents or guardians. The Web Store seller does not offer unrestricted access to products or services that are harmful to children.

The seller shall not accept any personal information concerning children without the express permission of their parent or guardian, and shall not release any information received from children to third parties other than their parents or guardians.

Any communication intended for children will be appropriate to their age and will not exploit children's confidentiality, lack of experience or feeling of loyalty.

Privacy Policy and Terms of Use of the website www.pronega.si

Part of these General Terms of the Web Store service are the Privacy Policy, which is available here: www.pronega.si, as well as the Terms of Use of the Website, which are available here: www.pronega.si

Liability

The seller makes their best efforts to ensure that the information published in the Web Store is up-to-date and accurate, however, the product characteristics, delivery time or price may change so quickly that the Seller may fail to timely update the information published in the Web Store. In such a case, the Seller shall notify the user (customer) of the changes and will allow them to cancel or change the order (see article 5).

While the Seller strives to provide accurate photographs of products sold in the Web Store, all photographs should be understood as symbolic. Photos do not guarantee product features.

From the moment of handing over the ordered products to the post office for delivery,  the Seller is not further liable for cases of physical damage, destruction or loss of the package, as well as if there is a lack of contents or there are visible signs of opening on the shipment. In such cases, the user (customer) must initiate a complaint procedure with the Post of Slovenia. In case of damage to the shipment, it is done  by bringing the shipment to the nearest post office in the same condition in which it was received, without removing or adding anything, and filling in the complaint record. The seller, together with the Post of Slovenia, shall ensure that the complaint is resolved in the shortest possible time.

Complaints, disputes and the exercise of rights

The seller complies with the applicable consumer protection regulations. The seller has an effective complaint handling system in place and has a designated person whom the user (customer) can contact by telephone or email in case of problems. The user (customer) can use the phone number: 00 386 (0) 5 395 00 00 to get assistance.

The user (customer) can also file a complaint to the e-mail address: info@pronega.si. The procedure of complaint processing is confidential. The seller shall confirm the receipt of the complaint within five working days and inform the user (customer) how long it will be processed and will constantly keep the user informed about the course of the procedure. The seller shall use their best endeavors to settle disputes by mutual agreement. If no amicable settlement is reached, all disputes between the Seller and the user (customer) shall be settled exclusively by the District Court of Nova Gorica. The seller and the user (customer), as participants in the e-business, mutually acknowledge the validity of electronic messages in court.

For these General Terms of Service and for all disputes between the Seller and the user (customer), Slovenian substantive and procedural law applies and any rules of private international law that would prove implementation of any other law shall not be applied.

For all relations as well as rights and obligations not regulated by these General Terms of Service, the provisions of the Contract Code, the E-business Act, the Personal Data Protection Act and the Consumer Protection Act shall be applied appropriately.

Out-of-court settlement of consumer disputes

The seller does not recognize any out-of-court consumer dispute resolution enforcer as competent to resolve a consumer dispute that a consumer may initiate under the Out-of-Court Consumer Dispute Resolution Act. In accordance with legal regulations, the Seller publishes a web link to the platform for online consumer dispute resolution. The platform is available here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.

Changes to the General Terms of Service

The seller may change and/or amend these Terms of Use in the event of changes to the regulations governing the Web Store operation, data protection and other areas related to the Seller's Web Store business, as well as in the event of a change in its own business policy, and in each such case informs the users about that an adequate manner, in particular notifying them through the website www.pronega.si or via e-mail, especially if the changes relate to a change in the privacy policy. Any changes and / or amendments to the Terms of Use shall take effect and apply with the expiry of the eight-day period from the date of publication of the amendments. If a change and/or amendment to the General Terms of Service  is necessary to comply with the regulations, such changes and/or amendments may enter into force in a shorter time.

A user who does not agree to the changes and/or amendments to these Terms of Use must, within eight days of the date of publication of the notice of the change and/or amendment of the Terms of Use, cancel their registration or cease to use the services, content and anything else from the website, Otherwise, after the expiry of this time limit, it shall be deemed, in which case the contrary argument shall not be considered, that the user accepts the changes and/or additions to the Terms of Use. The cancellation of registration shall be effected by the user notifying the Seller in writing about that.

The General Terms and Conditions were adopted by the Manager of the Seller in Vipolje on July 26, 2019.

We wish you lots of pleasant and enjoyable purchases in our web store!