Terms & conditions
The General Terms and Conditions of the BATEL online shop are drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1), the Electronic Commerce on the Market Act (ZEPT), the Electronic Communications Act (ZEKom-1) and the Code of Obligations (OZ).
Before using the BATEL online shop (hereinafter referred to as the "online shop"), please make sure that each buyer and user of the website (hereinafter referred to as the "buyer or user" and/or "you", "you", "your") is familiar with the General Terms and Conditions of Business (hereinafter referred to as the "General Terms and Conditions"). The General Terms and Conditions deal with the operation of the online shop, the rights and obligations of the user and the provider, and the business relationship between the seller and the buyer. The General Terms and Conditions are an integral and inseparable part of the Purchase Agreement. The General Terms and Conditions may be supplemented and amended without express notice. The Buyer is bound by the General Terms and Conditions in force at the time of placing the online order, and is therefore advised to read the General Terms and Conditions at the time of each purchase. By confirming the order, the user is informed of the General Terms and Conditions, the protection of personal data and the legal notice.
The BATEL online shop is an information system operated by BATEL, d. o. o. with the aim of presenting and selling products to the user. Online sales via the website https://kajakaskaoprema.si (hereinafter referred to as the Website) is carried out by BATEL, Tourism and Brokerage, d.o.o., Šolska ulica 45, 5250 Solkan (hereinafter referred to as the "Seller", "Provider" and/or "we", "us", "our").
The Seller is registered in the Commercial Register with the registration number 6828639000. The Seller is registered in the Court Register of the District Court of Ptuj under SRG number: 2015/16323 as of 14 April 2015. The Seller is a taxable person with tax number SI86152173. The Seller has a bank account with NLB SI56 6100 0001 1793 219. The Seller is liable for VAT. The Seller can be contacted in writing at Šolska ulica 45, 5250 Solkan, electronically at info@kajakaskaoprema.si, or by telephone on (+386) 68 131 302 or (+386) 68 153 392.
The online shop is open every day, 24 hours a day. For various technical reasons, it is sometimes not possible to do business via the online shop or even to access the shop. Therefore, the Seller reserves the right to restrict or suspend access to the Online Shop for a limited or indefinite period of time. The Seller shall not be liable for the non-operation of the shop due to lack of knowledge of the use, any consequences of misuse of the online shop, non-operation of the service due to network failure, power failure or other technical malfunctions which may temporarily, or even for a longer period, interfere with the use.
Information accessibility
The Seller undertakes to provide the Buyer with the identity of the company, contact addresses, product characteristics, product availability, delivery terms, the final price of the goods, the method of payment and delivery, the delivery period, the period of validity of the offer, the withdrawal period, explanations concerning the Seller's liability for material defects, information on any mandatory or voluntary warranty and after-sales service, an explanation of the complaints procedure and the contact details of the customer contact person or service before the conclusion of the Contract or before the Buyer is bound by the offer.
Intellectual property rights
The BATEL Online Shop and all text, products, product descriptions, graphics, user interfaces, visual interfaces, photographs, logos, blog posts and programming code (collectively, the "Content") published on the BATEL Ltd. website, including, but not limited to, the design, structure, selection and expression thereof, is the property of the Vendor or may be rightfully used by BATEL Ltd. on an appropriate legal basis. In accordance with the provisions of the Copyright and Related Forms Act, the reproduction, distribution, communication to the public, adaptation or other use of the copyright works and content published on the Seller's website or any other part of the website in any form or by any means, including copying, printing or electronic storage, is prohibited without the Seller's written permission.
Product and shipping costs
All prices of products on the website are expressed in euros and include value added tax (VAT), unless explicitly stated otherwise on the website. All prices in the online shop are the prices of the products and do not include postage or delivery costs, which are charged additionally. The amount of the delivery charges shall be made known to the Buyer in the order summary, with a separate indication of the amount of these charges. He shall be informed of these costs before the order is confirmed and payment is due. The delivery charges shall be shown both on the order and on the invoice for the goods issued and shall be payable by the Buyer together with the amount of the order. The delivery charge is part of the final price of the total order. The delivery charge depends on the size, dimensions and weight of the shipment and includes delivery charges and packing and preparation charges. The delivery charge may vary in accordance with the delivery service's price list in force from time to time, provided that the delivery charge may not be varied from the time the contract is deemed to be concluded in accordance with the General Terms and Conditions.
Such prices shall apply, as well as any discounts or benefits, as at the date of order. The price for purchase and postage shall be clearly visible at the time of order and on the invoice which the Customer shall receive electronically. The prices shall apply to online purchases and in the event of and subject to payment by one of the methods set out in these General Terms and Conditions. The Seller shall not be liable for any loss caused by the interruption, modification, removal or unavailability of the electronic trading services in the electronic trading system.
Prices in the online shop are valid at the time of order. The prices in the online shop are quoted as regular prices and promotional prices. Regular and promotional prices are the same for registered and non-registered users. Regular prices have no predetermined validity and are subject to change at any time without prior notice. Promotional prices have a predefined validity and may apply to certain products and to a certain type of product. Promotional prices are specially marked and valid for the duration of the promotion in the BATEL online shop.
The contract of sale between the Seller and the Buyer is concluded at the moment the Seller confirms the order. From that moment on, all prices and other conditions are fixed and apply to both the Seller and the Buyer. After placing an order, the user receives an e-mail notification that the order has been accepted or rejected.
Coupon codes
Promo codes are only valid during promotions via marketing emails or in Facebook and Instagram ads. The discount code is always time-limited and must be used within a limited time limit, otherwise it is void. Discount codes are not cumulative and do not apply to products on sale, except where explicitly stated otherwise. To redeem a discount code, add the desired product to your basket and enter your promotional code in the confirmation process under "Discount code" and click "Save". During periods of price reductions, the final price is the reduced price at which no additional promotional discounts can be applied. All prices quoted for products are in euros and include value added tax (VAT). It is not possible to redeem a discount code that was not entered at the time of placing the order.
Payment method
BATEL d.o.o. offers goods or services via the internet and at its registered office (Šolska ulica 45, 5250 Solkan). The buyer pays the total amount of the order to BATEL d.o.o. and receives an invoice together with the goods or services. The seller operates in the territory of the Republic of Slovenia and sends products to the territory of the Republic of Slovenia and abroad, in particular to the territory of the Member States of the European Union. The package will be accompanied by a printed invoice, which will also be sent to the buyer's e-mail address during the order process, after the purchase contract has been concluded. The invoice will break down the price, the tax and all costs relating to the purchase (any extra charge for delivery/shipping, payment charges linked to the method of payment), as well as a notice informing the buyer of the right of withdrawal from the contract. The Buyer is obliged to verify the correctness of the invoicing information before placing the order. The Buyer is obliged to verify the accuracy of the invoice details and notify the Seller of any errors within eight (8) working days at the latest. The Seller shall not take into account any subsequent objections to the correctness of the invoices.
The payment options are as follows:
- The Buyer may pay for the Products on the basis of the offer/invoice to the Seller's business account BATEL d. o. o., Šolska ulica 45, 5250 Solkan, opened at DELAVSKA HRANILNICA d. d., IBAN SI56 6100 0001 1793 219. The Buyer receives the invoice by e-mail, the deadline for payment of the invoice is three (3) working days from the date of receipt of the invoice. The timely payment of the invoice is an essential element of the Contract. If the invoice is not paid by the due date, the contract shall be deemed to be terminated by operation of law, in which case the Seller shall no longer guarantee the reservation of the Products ordered and shall be free from all obligations arising from that particular order.
- You can pay for the products by prepayment via credit card (Visa, Mastercard, American Express) or Paypal. Card data is not recorded on the company's server. The Buyer's security and the security of the transaction are guaranteed. Credit card authorisations are carried out in real time with instant verification of the details with the banks.
- The buyer can pay for the products cash on delivery, where he/she can pay the delivery service Pošta Slovenija in cash or by card, with the seller bearing the cash handling fee.
In the case of additional payment options, the User will be informed of this by means of an amendment to the General Terms and Conditions.
Shipping
The delivery period starts upon receipt of payment. Orders placed before 16:00 on weekdays or before 14:00 on Fridays will be processed and delivered to the post office within 48 hours. The Seller is obliged to deliver the ordered goods within 10 days of the order. If it is established that the goods cannot be delivered objectively within the promised time, the Seller must inform the Buyer by e-mail or telephone.
The Seller shall send the consignments to the address indicated by the Buyer at the time of ordering, via contractual partners or delivery services. The contractual partner for the delivery of the Shipments shall be the Post of Slovenia, but the Seller reserves the right to choose another delivery service if this will enable the Seller to fulfil the order more efficiently. The Buyer cannot choose the delivery service and the Seller shall determine which delivery service will be used to send the parcel. In the case of home delivery, the cost of transport, postage or any other costs in connection therewith ("Delivery Charges") shall not be included in the price of the Product and shall be charged additionally. The amount of the delivery charges shall be communicated to the Customer in the order summary, prior to confirmation of the order placement with the obligation to pay, with a separate indication of the amount of such charges. The delivery charges shall be invoiced and indicated both on the order and on the invoice for the goods issued and shall be paid by the Buyer together with the amount of the order. The delivery charge is calculated automatically when the goods are ordered and will be displayed at the completion of the order, before the Buyer places the order with the obligation to pay. The delivery charge is part of the final price of the total order. The delivery charge depends on the size, dimensions and weight of the shipment and includes delivery charges and packing and preparation charges. The delivery charge may vary in accordance with the delivery service's price list in force from time to time, provided that the delivery charge may not be varied after the order has been placed and the contract is deemed to have been concluded in accordance with the General Terms and Conditions.
You can collect your order in person at BATEL d.o.o., Šolska ulica 45, 5250 Solkan. If the buyer chooses to collect the order in person during the online order process, the collection of the order is free of charge. When the order is ready for collection, the Seller notifies the Buyer by e-mail or SMS. The Buyer is obliged to collect the goods within five (5) working days of receipt of the notification by email/SMS. The time limit for collection is an essential element of the contract. If the Buyer fails to take delivery of the goods by the expiry of this deadline, the contract shall be terminated by operation of law, in which case the Seller shall no longer guarantee the reservation of the products ordered and shall be free from all obligations arising from this particular order/contract. If the Buyer may have already paid the purchase price (invoice, credit card, Paypal, etc.), the Seller shall immediately refund the payments already received to the Buyer's account, but no later than within five (5) working days of the termination of the contract.
Order
Before placing an order, the buyer has the opportunity to preview the products, to which he must agree before proceeding. Before placing an order, the Buyer shall read and agree to the General Terms and Conditions; the Buyer shall indicate that he/she accepts the General Terms and Conditions and thereby successfully concludes the contract or order, which shall give rise to an obligation to pay the Seller, which shall be further confirmed by clicking on the "PAY" button, in which case the payment shall actually be made, except in the case of cash on delivery, in which case the Buyer shall settle the obligation upon receipt of the goods. Confirmation of the order shall also be sent to the Buyer by the e-mail address provided during the ordering process.
The website provides basic means of identifying and correcting errors before the order is placed, by checking that the address is spelled correctly, as well as the e-mail address, and warns the user if they do not fill in all the required fields.
The Seller shall forward the contractual terms or a summary of the entire order to the Buyer's email address, at the Buyer's discretion to notify any changes in response to the email sent - changes will be accepted if notified by the end of the working day on which the order was accepted. The Seller shall allow the Buyer to store and reproduce the contractual provisions and the text and the General Terms and Conditions.
Inventory and deliverability of goods
Information on the availability (stock) of products is shown in the description of each item and under the item name in the basket. Ordered products shall be delivered within the time specified in the order confirmation. In the event of increased order volumes during seasonal reductions and special promotions published on the Website or in the Online Shop, the delivery period may be extended by up to seven (7) working days, of which the Seller shall notify the Buyer prior to placing the order. In this case, if the Buyer does not find the longer delivery period acceptable, the Buyer shall have the option to withdraw from the order.
The Seller shall not be liable for any extension of the delivery period or for any inability to deliver due to reasons on the part of third parties, for reasons beyond the Seller's control, foreseeability or preventability, in the event of force majeure, a strike at the supplier, the carrier, the supplier or other relevant authorities, in the event of the closure of the country's borders and the consequent restriction or hindrance in the importation of the items, natural and other disasters or events that prevent or impede the supply and delivery of the ordered items.
Purchase safety
The Seller shall use appropriate technological and organisational means to protect the transmission and storage of personal data and payments. For these purposes, the Seller uses an SSL certificate issued by an organisation authorised for this purpose. Credit card authorisations shall be carried out in real time with instant verification of the data with the banks. Card data shall not be stored on the Merchant's server.
Order cancellation
Cancellation is possible until the end of the working day on which the order was accepted. If the cancellation is not made in time, the Seller shall be entitled to invoice the Buyer for one third of the full price of the Product.
Right of withdrawal from the contract
The Buyer has the right to withdraw from the contract within 15 days of receipt of the goods, without having to give a reason for his decision. The buyer must notify the company of the withdrawal on the following form (available here) or by an unequivocal statement making it clear that you are withdrawing from the contract. The withdrawal must be notified to info@kajakaskaoprema.si or to the address of the seller BATEL d.o.o., Šolska ulica 45, 5250 Solkan. The date of sending the letter or the date of sending the e-mail shall be taken as the date of timely notification of cancellation.
The goods received must be returned to the seller undamaged and in the same quantity within 15 days after you have informed the seller of your withdrawal from the contract. The return of the goods received within the withdrawal period shall be deemed to be a communication of withdrawal. The goods must be returned in the same condition as when they were delivered to you. The goods must be returned to the address of the seller BATEL d.o.o., Šolska ulica 45, 5250 Solkan. The costs incurred in returning the goods shall be borne by the Buyer. The Buyer shall also bear the costs of returning the goods if, in the case of distance contracts, they cannot be returned by post due to their nature. Returned products should be unused, undamaged and in their original packaging. The Buyer must enclose a copy of the invoice with the return.
We will return all payments made to the Buyer within 14 days of receipt of the communication, without the Buyer requesting it. The Seller shall return the payments received to the Buyer by the same means of payment as used by the Buyer, unless the Buyer has expressly requested the use of another means of payment and the Buyer shall bear no costs as a result. The Seller may withhold the reimbursement of payments received until the return goods have been collected or until the Buyer has provided proof that he has sent the goods back.
As dictated by the Consumer Protection Act, hereinafter referred to as the "CPA", (Article 43 of the CPA): "The consumer shall not have the right to withdraw from the contract referred to in paragraph 1 of this Article in the case of the following contracts: o goods which are manufactured according to the consumer's precise instructions and tailored to the consumer's personal needs."
Appeals and disputes
We comply with applicable consumer protection legislation and fulfil our duty to ensure an effective complaints handling system. In the event of a problem, the customer can contact us by telephone on (+386) 68 131 302 or via email at info@kajakaskaoprema.si. The Seller will endeavour to resolve any ambiguity, comment or complaint as soon as possible and will use its best endeavours to reach an amicable solution to any dispute.
Kupec pritožbo odda po elektronski pošti na naslov info@kajakaskaoprema.si. The complaint procedure is confidential. We recognise that consumer disputes before the courts involve additional costs, so we aim to resolve any complaints amicably.
Within five (5) working days of receipt of the complaint, the Seller will acknowledge receipt of the complaint to the Customer and will inform the Customer in the same message of the estimated time for the complaint to be dealt with. He will keep the Customer informed at all times of the progress of the complaint.
Out-of-court settlement of consumer disputes
In accordance with legal norms, we do not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a buyer may bring under the Act on the Out-of-Court Settlement of Consumer Disputes.
The Online Consumer Dispute Resolution Platform (ODRP) is available to consumers via the following link http://ec.europa.eu/odr.
The above-mentioned regulation is based on the Act on Out-of-Court Settlement of Consumer Disputes (Official Journal of the Republic of Slovenia, No 81/15), 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.
Material defect
The buyer may exercise his rights under the material defect law if he notifies us of the defect within two months of the date on which the defect was discovered. The Buyer must describe the defect in detail in the notice of defect and allow us to inspect the item.
We are not liable for material defects that appear two years after the product has been delivered. A defect in the product shall be deemed to have existed at the time of delivery if it appears within six months of delivery.
A consumer who has duly notified us of a defect has the right to ask the trader to repair the defective goods, or to refund a proportion of the amount paid in proportion to the defect, or to replace the defective goods with new, faultless goods, or to refund the amount paid.
An error is factual if:
- the product does not have the characteristics necessary for its normal use;
- the product does not have the characteristics necessary for the specific use for which the buyer is buying it, which were known or should have been known to the seller;
- the product does not have the characteristics and qualities that were expressly or tacitly agreed or prescribed;
- the seller has handed over a product that does not match the sample or model, unless the sample or model was shown for information only.
The suitability of the product for normal use is judged by reference to another, faultless product of the same type and by taking into account the seller's representations about the product's characteristics made by the seller or the manufacturer in advertising, product presentation or claims made on the product itself.
The buyer must inform us of any material defect, together with a detailed description of the defect, within the time limit set by law and at the same time allow us to inspect the product. If the existence of a defect in the product is not disputed, the Seller shall comply with the Buyer's request within eight (8) days at the latest, in accordance with the provisions of the Consumer Protection Act.
The Seller shall respond in writing to the Buyer's request no later than eight (8) days after receipt of the Material Defect Report Form, if the existence of a defect in the Product or an irregularity in the service provided is disputed.
Right to refuse service
The Seller reserves the right not to deliver in exceptional cases. An exceptional event shall be deemed to be a technical constraint preventing delivery of the product or the Buyer's payment risk, as assessed at the Seller's discretion. The Seller shall have the right to cancel the order if it does not obtain confirmation of the purchase from the Buyer by telephone or e-mail. The Seller is obliged to inform the Buyer of the cancellation by e-mail or telephone. If the Buyer has not provided the correct personal data, the Seller is not obliged to inform the Buyer. The Seller shall not be liable for any loss, damage or expense arising from any failure to perform or delay in performance of an obligation which may be caused by an event or circumstance beyond the Seller's control.
Protection and processing of personal data
The Seller BATEL d.o.o. undertakes to permanently protect all personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the Personal Data Protection Act in force from time to time, and the Privacy and Cookie Policy. All personal data of the user of the online shop is confidential and will not be disclosed to unauthorised persons. The Seller guarantees that the personal data disclosed on the website will never be misused in any way. All detailed information on the processing of personal data is published in the Privacy Policy, which is available at here. The User is obliged to provide the Online Trader with true and correct personal data and to notify the Online Trader of any changes to his/her data. By accepting these Terms and Conditions, the User confirms that the personal data provided by him/her is correct.
Most pages in an online shop can be visited without having to disclose personal data. However, some information is obtained automatically through the use of cookies and web beacons ("pixel tags"), standard tools in the online industry. The use of cookies and web beacons makes it possible to identify the individual IP address, the type of browser used by the visitor to the website and the visitor's general activity on the web. If you turn off cookies on your computer, you will not be able to make a purchase from the online shop.
Purchasing from our online shop requires the collection of some of your personal data. We do not pass on the information you provide to third parties, except for the purpose of confirming the validity of your purchase and for the delivery of the products. The Seller takes all necessary measures to protect the confidentiality of personal data in accordance with ZVOP-1.
By purchasing from our online shop, you expressly agree that the personal data you provide at the time of ordering (first name, last name, address, e-mail address, telephone number) will be stored and used by us solely for the purpose of fulfilling your order, and that your e-mail address may be used for direct marketing of the same or similar products or services as those you have purchased from our online shop.
Communication
BATEL d.o.o. will contact the user by means of remote communications only if the user does not expressly object to this and in accordance with the provisions of ZEPT and ZEKom-1.
