COMPANY INFORMATION
Optimaplus d.o.o., Alpska cesta 62, 4248 Lesce, Slovenia Telephone: +386 (0)41 806 065 E-mail: david@davidhriberski.com
VAT registered: Yes Company Registration Number: 6310869000 VAT ID: SI67480233 Entity registered on: 1 January 2018 Bank Account: SI56 6100 0001 8814 176 (Delavska hranilnica d. d., Ljubljana)
Terms and Conditions
Last updated: 16 March 2018
These General Terms and Conditions are prepared in accordance with the Consumer Protection Act (ZVPot) and govern the operation of the company Optimaplus d.o.o., the rights of the user, and the business relationship between the provider and the customer.
The website www.davidhriberski.com is managed by the company Optimaplus d.o.o., a provider of various services (hereinafter the “provider”). By using the website, the visitor confirms that they agree to these General Terms and Conditions, thereby becoming a user and acquiring the right to make a purchase. The provider is not responsible for the accuracy of the data provided by the user.
Availability of Information (summary of legislation)
The provider undertakes to always provide the customer with the following information: a) The identity of the company (name and registered office, registration number), b) Contact details that enable swift and effective communication (e-mail, telephone), c) The essential characteristics of the goods or services (including after-sales services and warranties), d) The availability of products (any product or service offered on the website should be available within a reasonable time), e) The conditions of delivery of the product or performance of the service (method, place, and time of delivery), f) All prices must be clearly and unambiguously specified, g) The method of payment and delivery, h) The validity period of the offer, i) The period within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, information about if and how much it costs the customer to return the product, j) An explanation of the complaint procedure, including all details of the contact person or customer service department.
Offer of Items
Due to the nature of online business, the offer on the website www.davidhriberski.com is updated and changed frequently and quickly. The provider is not liable for the consequences of changes to the offer.
Payment Methods
The provider offers the following payment methods:
Cash on delivery, or
By bank transfer to the provider’s account (based on a pro-forma invoice).
If the customer chooses to pay based on a pro-forma invoice, the provider will send a pro-forma invoice with the necessary payment details to the provided e-mail address. The ordered items will be dispatched within 3 working days of receipt of payment. The goods remain the property of Optimaplus d.o.o. until the purchase price has been paid in full. In the case of cash on delivery, the purchase price is paid to the delivery person. In the case of a pre-order, only payment based on a pro-forma invoice is possible.
The provider issues an invoice to the customer with an itemized breakdown of costs and instructions on how to withdraw from the purchase and return the products, if necessary and possible. The sales contract (order) is stored in electronic form on the provider’s server.
Prices
All prices are in Euros (EUR) and include VAT, unless explicitly stated otherwise. The online price applies to all customers and users of the website www.davidhriberski.com. Registration is also possible during the purchase process. Prices are valid at the time the order is placed and have no predetermined validity.
Prices are valid in the case of payment by the methods specified above and under the conditions specified above. Despite our best efforts to provide the most up-to-date and accurate information, it may happen that a price is incorrect. In this case, or in the event that the price of an item changes during the processing of the order, the provider will allow the customer to withdraw from the purchase, while also offering the customer a solution that will be to the mutual satisfaction of both parties.
The sales contract between the provider and the customer is concluded at the moment the provider confirms the order (the customer receives an e-mail with the status “Order Confirmed”). From this moment on, all prices and other conditions are fixed and apply to both the provider and the customer.
Shipping
The delivery cost for an order paid by card or on delivery is €4. When choosing payment on delivery, Pošta Slovenije (the Slovenian postal service) may charge you a transfer commission of €1.08. Optimaplus d.o.o. has no influence over this amount, as it is determined by Pošta Slovenije.
For traceability purposes, the user must provide a contact telephone number when ordering or subsequently by e-mail. This telephone number will not be passed on to unauthorized third parties, except Pošta Slovenije, nor will it be used for other purposes.
In the case of payment based on a pro-forma invoice, the customer is exempt from paying shipping costs.
Pre-orders
Prices quoted in pre-order offers are valid for orders placed and fully paid for by the end of the pre-order campaign. The end date of each pre-order campaign is indicated next to each item. When purchasing an item during a pre-order campaign, payment is only possible via a pro-forma invoice or by credit card online.
In the 6-month period following the end of the pre-order campaign, the uniform or regular price will apply in accordance with the Fixed Book Price Act, and during this time it will not be possible to purchase the books at a reduced price.
Purchase Process
Order Pending – After placing the order, the customer receives an e-mail notification that the order has been received and is pending. At this stage, the customer has one hour to cancel the order. Comprehensive information on the status and content of the order is always available to the customer on the provider’s website.
Order Confirmed – If the customer does not cancel the order, it proceeds to further processing. The provider reviews the order, checks the availability of the ordered items, and either confirms or rejects the order with a reason. The provider may call the customer at the provided contact telephone number to verify information or ensure delivery accuracy. Upon confirming the order, the provider notifies the customer by e-mail of the estimated delivery time. The contract for the purchase of the ordered items between the customer and the provider is irrevocably concluded at this stage.
Goods Dispatched – The provider prepares and dispatches the goods within the agreed timeframe and notifies the customer by e-mail. In this e-mail, the provider also informs the customer about the return policy, where to turn in case of a delivery delay, and where to turn in case of a complaint.
Security
The provider uses appropriate technological and organizational means to protect the transmission and storage of personal data and payments, in compliance with the provisions of the Personal Data Protection Act and the Consumer Protection Act.
Delivery
The provider will deliver the goods or service within the agreed timeframe. The contractual partner for the delivery of shipments is Pošta Slovenija, but the provider reserves the right to choose another delivery service if this will enable a more efficient fulfillment of the order. Upon delivery, the customer receives a return form for items, which includes additional information regarding the right to return goods, as well as the conditions and method for exercising this right. It contains all the necessary information regarding the address to which the customer can turn in case of a complaint and information regarding warranties and service or other post-contract services.
Returned Items
Returned items are items that have been returned to the registered office of Optimaplus d.o.o. and have minor defects (damaged packaging, scratches, etc.). The type of defect or the condition of the item is noted next to each individual item and also on the invoice. Items categorized as “Returned Items” cannot be returned and exchanged for an identical, new item without a surcharge, but they can be exchanged for an identical or different item of the same value (or with a surcharge for the difference). When purchasing a returned item, the customer is entitled to withdraw from the contract within the same time limits as for all other items.
Claiming a Material Defect Excerpt from the Consumer Protection Act
Article 37 (1) The seller must deliver the goods to the consumer in accordance with the contract and is liable for material and legal defects of their performance.
Article 37a (1) The consumer may exercise their rights arising from a material defect if they notify the seller of the defect within two months from the day on which the defect was discovered. (2) In the notice of defect, the consumer must describe the defect in detail and allow the seller to inspect the item.
Article 37b (1) The seller is not liable for material defects in the goods that appear after two years have passed since the item was delivered. (2) If the subject of the contract between the seller and the consumer is a used item, the seller is not liable for material defects in the goods that appear after one year has passed since the item was delivered. (3) A defect in an item shall be deemed to have existed at the time of delivery if it appears within six months of delivery.
Article 37c (1) A consumer who has correctly notified the seller of a defect has the right to require the seller to:
rectify the defect in the goods, or
refund a portion of the amount paid in proportion to the defect, or
replace the defective goods with new, non-defective goods, or
refund the amount paid. (2) In any case, the consumer also has the right to demand compensation for damages from the seller, and in particular the reimbursement of costs of materials, spare parts, labor, transfer, and transport of products incurred as a result of fulfilling the obligations from the preceding paragraph of this Article. (3) The consumer’s rights from the first paragraph shall expire two years from the day on which they notified the seller of the material defect.
Right to Withdraw from Purchase, Return of Goods
In accordance with the Consumer Protection Act, the customer has the right to notify the company within 14 days of receiving the goods that they are withdrawing from the contract, without being required to state a reason for their decision. A message is considered to be on time if it is sent within the deadline. The only cost borne by the customer in connection with the withdrawal from the contract is the direct cost of returning the goods. We do not accept cash-on-delivery shipments. The customer must return the goods to the company no later than 30 days after the notice of withdrawal and must inform the provider of the return by e-mail at david@davidhriberski.com or by post to the address Alpska cesta 62, 4248 Lesce. If the customer has withdrawn from the contract, the company must refund all payments made. The company must make the refund as soon as possible, and no later than 30 days after receiving the notice of withdrawal. If the company is late with the refund, it must pay the customer, in addition to the statutory default interest, one-tenth of the payments received for every full 30 days of delay in the refund.
Protection of Personal Data
The provider undertakes to permanently protect all personal data of the user. The provider will use personal data exclusively for the purpose of fulfilling the order (sending informational materials, offers, invoices) and other necessary communication. Under no circumstances will the user’s data be passed on to unauthorized persons. The user is also responsible for the protection of their personal data by ensuring the security of their username and password.
Communication
The provider will contact the user via means of distance communication only if the user does not explicitly object to this. Promotional e-mails will contain the following components:
They will be clearly and unambiguously marked as promotional messages.
The sender will be clearly identifiable.
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 for unsubscribing from receiving promotional messages will be clearly presented.
The provider will explicitly respect the user’s wish not to receive promotional messages.
User Opinions / Comments
User opinions or comments and product reviews written by customers are part of the store’s functionality, intended for the user community. The provider allows any registered user of the store to write an opinion, and the provider reviews them before final publication. The provider will not publish opinions or contributions that are in any way offensive, obscene, or, in the provider’s opinion, do not offer any benefit to other users and visitors. By submitting an opinion or comment, the user explicitly agrees to the terms of use and allows the provider to publish part or all of the text in all electronic and other media. The provider has the right to use the content for an unlimited period of time and for any purpose that is in the business interest of the provider, including publication in advertisements or other marketing communications. The author of the opinion simultaneously declares and guarantees that they are the owner of the material and moral copyrights for the written opinions and comments and that they transfer these rights to the provider non-exclusively and for an unlimited period of time.
Protection of Children
Promotional messages will be clearly identifiable (taking age into account) and clearly separated from games and competitions. Any communication intended for children will be appropriate for their age and will not take advantage of children’s trust, lack of experience, or sense of loyalty. The provider may not accept an order from someone they know or suspect to be a child without having the explicit permission of their parents or guardians. The provider may not accept any personal data concerning children without the explicit permission of their parents or guardians. Likewise, the provider may not disclose data received from children to a third party, with the exception of parents or guardians. The provider may not offer free access to products or services that are harmful to children.
Disclaimer of Liability
The provider does its best to ensure that the information published on its pages is up-to-date and correct. However, the characteristics of items, the delivery time, or the price may change so quickly that the provider is unable to correct the information on the web pages. In such a case, the provider will notify the customer of the changes and allow them to cancel the order or exchange the ordered item. The provider is not responsible for the content of opinions on items written by visitors. The provider reviews opinions before publication and rejects those that contain obvious untruths, are misleading, or offensive. The provider is not responsible for the information in the opinions and disclaims any liability arising from the information in the opinions. Images are symbolic or intended to make it easier to locate the desired item. The provider does not accept responsibility for any inconvenience arising from the published images.
Complaints and Disputes
The provider complies with the applicable consumer protection legislation. The provider makes every effort to fulfill its duty to establish an effective complaint handling system and to designate a person with whom, in case of problems, the customer can connect by telephone or e-mail. Complaints should be submitted via the e-mail address david@davidhriberski.com. The complaint handling procedure is confidential. The provider will, within five working days, confirm that it has received the complaint, inform the customer how long it will take to process it, and keep them informed about the progress of the procedure. The provider is aware that an essential feature of a consumer dispute, at least as far as judicial resolution is concerned, is its disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle preventing the consumer from initiating a dispute in court. Therefore, the provider strives to the best of its ability to resolve any disputes by mutual agreement.
I wish you many pleasant and favorable purchases! David Hriberski
The General Terms and Conditions were last amended on 29 March 2018.