General Terms and Conditions
https://pharma-hemp.com/terms-and-conditions/ version 2.1
The following general terms and conditions apply to visits to the website https://pharma-hemp.com and the purchase of products on it:
The seller or operator of the online shop
PHARMAHEMP proizvodnja in trgovina d.o.o.
Cesta v Gorice 8
1000 Ljubljana, Slovenia, Europe
Company registration no.: 2343428000
Tax No.: SI 11032413
Email: [email protected]
Telephone: +386 1 6207 822 (You will be charged your operator’s standard rates for this call. We are available by telephone on weekdays between 8.00 am and 4.00 pm)
(hereinafter: ‘the company’)
PHARMAHEMP proizvodnja in trgovina d.o.o. has been registered with the Commercial Register of the Republic of Slovenia since 9 November 2007 under registration number 14829300 as a limited liability company.
The company is liable to pay value-added tax (VAT).
Introductory definitions of terms
- Online shop https://pharma-hemp.com (hereinafter: the online shop): means the online shop accessible via the link https://pharma-hemp.com/shop/, together with its associated subdomains and the server and other infrastructure on which the online shop’s range of products is made available to the customer,
- PHARMAHEMP proizvodnja in trgovina d.o.o. (hereinafter: the company) is the developer and provider of the online shop and the seller of related products and services listed in various sections of the online shop.
- General Terms and Conditions of https://pharma-hemp.com/shop/ (hereinafter: General Terms and Conditions): Through these General Terms and Conditions, the Company regulates the conclusion of distance contracts with consumers via the internet in relation to the purchase of goods or services from the online shop’s range, which, in accordance with the Consumer Protection Act, the Electronic Commerce Act and the Electronic Communications Act, as well as other laws and subordinate legislation, constitutes an information society service, and requires the company to provide the consumer with the information set out herein. The latest version of these General Terms and Conditions is permanently published at the following link: https://pharma-hemp.com/terms-and-conditions/
- Online shop offer: this covers the offer of goods, goods with digital elements, digital content and services which the company, either itself or through its partners, offers to consumers via the online shop for distance selling. The online shop’s range always refers to the range available to the consumer in the online shop on the date of purchase, comprising the main characteristics of the goods, content or services to the extent appropriate to the data medium and the goods, content or services;
- digital content: data created or supplied in digital form via the online shop or its components, and forming part of the online shop’s offer. In the case of the purchase of digital content, this may involve a one-off download or the continuous supply of the selected content, depending on the details and definitions set out in the offer or the description of the specific digital content in the online shop’s offer;
- digital service: means a service that enables the consumer to create, process or store data in digital form or to access such data, or a service that enables the exchange of data in digital form or any other form of interaction with such data uploaded or created by the consumer or other users of that service,
- functionality: the ability of goods, digital content or a digital service to perform their functions in accordance with their intended purpose,
- interoperability: the ability of goods, digital content or a digital service to function with hardware or software other than that with which digital content or digital services of the same type are normally used,
- online shop visitor (hereinafter: user or visitor): a person who has visited or is browsing the online shop and its subpages,
- purchase: the conclusion of a distance contract for the purchase of selected products, services or digital content or services by placing an online order at the published price, with descriptions and specifications as set out in the online shop’s offer and in accordance with the terms and conditions of the General Terms and Conditions in force at the time the order was placed,
- consumer: in accordance with the Consumer Protection Act, a consumer is a natural person who acquires or uses goods and services for purposes outside their professional or business activities,
- buyer: a visitor or consumer who has successfully completed a purchase on the online shop. Where the buyer does not meet the definition of a consumer (e.g. a purchase on the online shop is made by a legal entity), the company is not obliged to offer such a buyer the guarantees granted to consumers under the Consumer Protection Act and these General Terms and Conditions. In such cases, the company reserves the right, after the order has been placed, to inform such a customer as to which parts of these General Terms and Conditions apply to or govern their relationship; such a customer may then decide whether to proceed with the order,
- products/goods: any movable item offered by the online shop, including the quantity, specifications, functionality and other characteristics set out in the relevant description,
- service: where a consumer purchases (i.e. orders) a service from the online shop’s range, the company undertakes, on the basis of these General Terms and Conditions, to provide the relevant service to the consumer (within the specified timeframes, in the specified quantity or in accordance with the specifications, or whilst complying with other characteristics set out in the relevant service description in the online shop’s offer), for which the consumer shall pay the stated price,
- serious service outages: these are outages resulting in the online shop and associated subdomains or a dedicated section of the online shop ceasing to function, which render the online shop inaccessible and thereby cause a potentially prolonged interruption to the availability or access to digital content or services which, depending on their description, may be provided to the customer on a continuous basis or via a specific section of the online shop,
- Consumer Protection Act: means the Consumer Protection Act (ZVPot-1) (Official Gazette of the Republic of Slovenia, No. 130/22) together with any subsequent amendments.
Validity and application of these General Terms and Conditions and the conclusion of a sales contract
These General Terms and Conditions govern the offering and sale of products or services to consumers via the online shop and are permanently available at https://pharma-hemp.com/terms-and-conditions/.
In the event of any inconsistency or conflict between the provisions of these General Terms and Conditions and the provisions of other company documents, the provisions that are more specific to the subject matter they regulate shall apply (with the exception of those situations in which the Consumer Protection Act may require the application of provisions that are more favourable to the consumer).
These General Terms and Conditions consequently constitute a contract of sale between the company and the customer, which the customer enters into with the company in relation to the selected products or services at the final stage of the purchase at the time of purchase, that is, when the buyer clicks the button to purchase the products or place an order, which is labelled as such in the final step of the purchase process (as described in more detail in the section ‘The online shop purchasing process and technical procedures for concluding a contract’) and thereby receives an order confirmation at the email address provided (or at the email address linked to their registered user account, where they make a purchase as a registered user of the online shop).
We kindly ask customers to read the provisions set out here carefully before making any purchase in the online shop.
The customer is always bound only by the latest version of these General Terms and Conditions, which is valid at the time of purchase and is always available at https://pharma-hemp.com/terms-and-conditions/.
Purchases already made will always be assessed in accordance with the General Terms and Conditions in force at the time of the individual purchase.
Should a competent court or other competent authority rule that any provision of these General Terms and Conditions, in the context of an individual distance purchase (i.e. a contractual relationship with a consumer who, by making a purchase, has entered into a contractual relationship with the company governed by these General Terms and Conditions) is void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in force to the extent possible.
No provision in these General Terms and Conditions shall create a relationship of agency or partnership between the company and a visitor to the online shop or a customer.
These General Terms and Conditions do not govern the protection of personal data or the use of cookies in relation to the online shop, nor do they provide information pursuant to Article 13 of the General Data Protection Regulation (GDPR); but this area is covered in the General Information on the Protection of Personal Data, which is published at the following link: https://pharma-hemp.com/privacy-policy/
Copyright and Intellectual Property Protection
The text of these General Terms and Conditions and other legal documents of the online shop, as well as its associated software and all databases (including their selection, arrangement and composition) and all content, including all text, graphics, logos, trademarks, images, audio and video recordings, is the exclusive property of the company or its partners.
The licence terms governing the use of digital content and services offered by the online shop, whether developed by the company or by third parties, are set out in more detail in the licence terms specified within the individual digital content or service, or via dedicated links.
Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance of the software or content of the online shop is strictly prohibited.
Transfer of copyright in user (author) reviews and product ratings
By submitting a review, rating or recommendation, the user expressly agrees to the terms of use governing their review, rating or recommendation and authorises the company to publish part or all of the text in all electronic and other media used for public communication.
This means that by submitting a review, description or rating, each visitor (author) expressly agrees to grant the company, free of charge, an exclusive right, unlimited in time and geographical scope, to use the submitted content; this includes, in particular, the right to reproduction and electronic reproduction, the right of public display/performance, the right of exhibition, the right of distribution and marketing (under its own or a third party’s trade mark, via its own or a third party’s sales network, or via third-party resellers), the right of adaptation, the right of modification, the right of compilation, exhibiting, modifying, translating, developing, adapting, integrating and installing, whereby all of the above applies in relation to both physical and digital communication or distribution channels (e.g. for use on a website, advertising on the Company’s own Facebook page, etc.).
The company may, without the specific consent of the author who has submitted an opinion or review of a product, exercise the aforementioned right through its affiliated companies and other contractual partners, and the author agrees that no further consent from the author is required for the processing or further use of the opinion or review.
The author shall at all times retain all moral rights in relation to the opinion or review submitted.
The author may not claim any form of financial or other compensation from the company in relation to the submitted review, unless such compensation is expressly provided for by law.
The company allows any registered user of the online shop to write a review. Before publication, the company reviews all reviews received and does not publish those that are offensive, inappropriate or, in its opinion, do not benefit other users and visitors.
The company considers all comments, descriptions or reviews to be offensive and inappropriate if they:
- contain offensive, defamatory or discriminatory content, or content that contains or implies threats or harassment towards individuals, the company or third parties;
- include information about other websites or contain links to other websites;
- unnecessarily disclose the personal data of third parties;
- contains computer viruses, worms or other potentially harmful links, programmes or files.
Furthermore, by submitting a review, the user warrants that the content does not:
- contain false, inaccurate or misleading information;
- infringe the copyright, trade marks or other forms of intellectual property of the company or a third party, or any trade secrets or privacy rights of third parties.
By submitting a review on the website, the user warrants that they are:
- the sole author and copyright owner of the submitted content;
- aware of and agree that the information provided will be stored for the purposes of publication and any clarifications regarding the review, as set out in more detail in the privacy notice.
For technical reasons, it is not possible to amend a review at a later date. If you wish to remove your comment, we will be happy to comply with your request upon receipt of an email sent to the address provided at the beginning of this document.
Access to the online shop and responsibility for its smooth operation
To visit and use the online shop, visitors require their own means of communication or device with appropriate hardware and software that enables the transmission, display and exchange of data and information via the internet.
Visiting and using the online shop is free of charge (with the exception of the usual and foreseeable costs incurred by the visitor when using their means of communication, such as payment for an electricity supply, an internet connection, mobile data plans, etc.).
Responsibility for the proper functioning, use and protection of one’s own means of communication or device (e.g. password security, the security of the email account through which the visitor exchanges key messages with the company regarding the purchase, installing updates for the browser and other software, etc.) lies with the visitor.
Despite the company’s ongoing efforts to ensure that access to and the operation of the online shop are provided in the expected, secure, uninterrupted and correct manner, disruptions may occur in the form of reduced functionality or the inability to access the online shop; these are beyond the company’s control and for which the company accepts no liability.
Consequently, the company shall not be liable to visitors in respect of the limited or suspended availability of the online shop, nor in respect of any consequences arising from disruptions to its operation (except in the case of any unavailability of digital content or services, as expressly defined in the section ‘Access to digital content or services and permitted and serious service disruptions’), to which the visitor agrees by visiting and using the online shop.
In the event of service disruptions to the online shop, the company reserves the right to cancel all orders placed during the period of partial or complete unavailability of the online shop, in which case the company will always notify all visitors who had validly placed their orders at that time and will arrange with them individually, as soon as possible, for a refund of the purchase price or for the delivery of the products.
Age restriction regarding the use of the online shop and placing orders
The company does not accept orders from persons under the age of 15 or from persons with limited or revoked legal capacity.
In accordance with the principle of minimising the collection of personal data, the company does not make visiting the online shop or making a purchase conditional upon the entry of an individual customer’s year of birth, nor does it verify the age of visitors or customers by any other means.
Consequently, by visiting the online shop, navigating through it, and placing an order with the company always guarantees that they are older than the age limit specified above and that they have full legal capacity or have obtained the appropriate consent from their parent or guardian in relation to the purchase they wish to make in the online shop.
Should the company subsequently discover that it is processing the personal data of a person who has not yet reached the age limit specified above, the company reserves the right to cancel any order that has not yet been fulfilled and to delete that person’s personal data.
In carrying out its advertising and other promotional activities, the company deliberately does not advertise goods, services and/or digital content from the online shop’s range in such a way that the advertising contains elements that cause or could cause physical, mental or other harm to children, or elements that exploit or could exploit their trust or lack of experience.
Language versions of the online shop and language of business
The content of the online shop is available to Slovenian consumers in the Slovenian language, and the company also conducts its business with them in this language.
The company adheres to and implements the general principle of full and equal access to the online shop for every consumer and endeavours to treat all consumers equally, regardless of their nationality or place of residence. Any exceptions to the above may arise in connection with specific terms and conditions of sale (e.g. regarding licence restrictions on the purchase of digital content, objective reasons relating to the availability of payment methods, etc.) or in relation to a limited range of countries to which the company delivers its goods (or in which the company offers its services), as set out in more detail in the relevant sections of these General Terms and Conditions.
Should a visitor wish to voluntarily access any other language version of the online shop, and provided that such a version is already validly published online, the visitor may do so by changing the ending of the link to the online shop in their browser from ‘.si’ to the suffix of the other selected language version of the online shop, or in any other generally accepted and expected manner (e.g. by clicking on the image of a foreign flag, which may be available in the relevant section of the online shop).
The visitor is free to switch to any other language version of the online shop at their own discretion and make a purchase there.
Purchases made in connection with the offer on any other language versions of the online shop will normally be assessed on the basis of the general terms and conditions published on the relevant language version of the online shop, provided that the consumer is a resident of the country in question and the company has actively advertised its goods or services to them.
Amendments to these General Terms and Conditions
In the event of changes to the online shop’s functionality, the introduction of new legal requirements, or in any other justifiable circumstances, it may become necessary to amend these General Terms and Conditions.
Should these General Terms and Conditions be amended, the company will notify visitors or customers of this via the usual electronic communication channels or by means of a notice published in good time on the online shop or on its official social media profiles.
The publication of the above notice and the fact that the customer has placed a new order following an amendment to these General Terms and Conditions constitute the customer’s consent to the relevant amendment to these General Terms and Conditions.
Should the customer not agree to the amendment to these General Terms and Conditions, they are obliged to notify the company of this no later than when placing their next order under the amended terms, in which case the company reserves the right to refuse to do business with such a customer or to withdraw from the concluded contract within a notice period agreed in advance with the customer.
However, only those General Terms and Conditions that are valid at the time of purchase will ever be published on the subpage https://pharma-hemp.com/terms-and-conditions/ of the online shop.
The information set out in the section ‘Preliminary information and information provided by the company as an information society service provider’ forms an integral part of the contract between the company and the customer in the event of a purchase and, as such, may only be amended subsequently (i.e. after the purchase has been completed) with the express consent of both the company and the customer.
Storage and access to the text of these General Terms and Conditions
The company undertakes to store these General Terms and Conditions and their previous versions permanently. Any buyer may at any time request that the company provide them with the General Terms and Conditions that were in force at the time of their purchase, and the company shall provide them free of charge on a durable medium within a reasonable period of time.
In the above-mentioned case, the customer may contact the company at any time by sending their request in this regard via the company’s official email address, which is stated at the beginning of these General Terms and Conditions, or by sending a physical request to the following address:
PHARMAHEMP proizvodnja in trgovina d.o.o.
Cesta v Gorice 8
1000 Ljubljana, Slovenia, Europe
Nature of published content
The blog content and other promotional posts published on our online shop are of an educational nature and are aimed at helping individuals to develop their own skills; consequently, they do not constitute or replace medical advice. The published content is not intended, nor should it be construed, as the provision or performance of medical, nursing or specialist healthcare services, procedures or advice. The content is not a diagnostic tool, professional medical advice regarding diagnosis or treatment, or a substitute for a professional medical diagnosis, opinion or proposed course of treatment by a qualified healthcare professional; nor should it be relied upon in relation to diagnosis or treatment.
User account registration
Purchases from the online shop may be made either as a registered or unregistered user of the online shop.
A visitor may register a user account by entering the required details on the login/registration subpage and confirming the submission of the request to register a user account.
Upon receipt of the details, the company will contact the visitor via an automated email sent to the email address provided, and the visitor will confirm the successful completion of the registration in that email. Upon registration, the user is assigned a username and password, which they entered correctly during registration.
Upon successful registration, the visitor becomes a user of the online shop. By registering a user account, the visitor confirms that they accept these General Terms and Conditions of the online shop, or whichever version is in force at the time, which will be published on this subpage at the time of placing an online order.
Responsibilities of a registered user
Upon successful registration of a user account, each registered user guarantees to the company:
- that they have provided the company with accurate information when creating their user account,
- that they will use the online shop for lawful and proper business purposes,
- that, when using the online shop and entering data into its fields, they will not infringe the rights of the company or third parties.
Every registered user must safeguard the password for their user account with the diligence of a prudent person, and in such a way as to consistently prevent the username and password from falling into the possession of or being used by unauthorised persons.
A registered user must not transfer their password to a third party and must not allow third parties to use the online shop for their own business or private purposes.
The registered user shall bear sole responsibility for any damage or risk arising directly or indirectly from the misuse, loss or misappropriation of the username or password, or any part thereof.
For any misuse, loss or theft of a username or password attributable to the registered user’s wilful or negligent conduct, which results in damage to the company, or where such conduct has caused damage to a third party who may consequently bring a claim against the company, the registered user shall be liable to the company for damages in accordance with the rules of civil law.
The online shopping process (technical procedures for concluding a contract)
A visitor makes a purchase in the online shop by following the steps described below using a means of communication:
Navigating to the online shop via a web browser opened on the visitor’s own device, either by entering the web address where the online shop is located or by directly accessing the selected product category.
Searching for and viewing products in the online shop’s range, which involves clicking on images of individual products, reviewing the description, key ingredients, characteristics, and price of the product, and, where displayed, checking stock availability. The visitor can specify the quantity of the product to be purchased by clicking on the appropriate buttons to increase or decrease the quantity.
Selected products can be added to the basket by clicking the ‘Add to basket’ button located next to the product.
Continue shopping by navigating to other products in the online shop or view your basket by clicking on the shopping basket icon or the ‘View basket’ link, where you can see a list of the selected products, their quantities and the total price.
Click on the ‘Complete purchase’ button, where the visitor enters all the necessary details to place the order: contact email address, first name and surname, and delivery address (and billing address if required), and selects the delivery method. Here, the visitor can also review all the products in the basket, including quantities, prices, delivery charges and any discounts, select and enter details for their chosen payment method (e.g. bank card details – number, cardholder’s name, expiry date, security code), and has the option to enter a voucher code if they have one or if the online shop allows this at the time of purchase. At this stage, the visitor can also add any special notes regarding the order at (e.g. delivery to a different address or a business purchase).
Confirm the order by clicking the ‘Buy Now’ button. By submitting the order, the visitor expressly confirms that they agree to the online shop’s terms and conditions and wish to proceed with the purchase.
Upon receipt of the order confirmation at the email address provided, the order is successfully placed. The contract between the visitor and the company is thereby concluded, unless the company subsequently exercises its right to cancel the order.
Provided the user agrees to all the provisions of these General Terms and Conditions and wishes to proceed with the purchase, they shall click on the ‘Complete Order’ button, thereby placing their order;
By clicking on the ‘Complete Order’ button, the order is placed upon receipt of the order confirmation at the email address provided, whereby the contract between the customer and the company regarding the purchase of the selected products is thereby concluded (provided the company does not exercise its right to withdraw from the order, as defined in the section ‘Withdrawal from the contract by the company’).
The aforementioned order confirmation contains a summary of the entire order, including the order number, order status, a list of the products ordered, their quantities and prices, and the total price of all products to be paid by the customer in connection with the purchase, which includes all delivery costs, taxes and any other charges;
Upon confirmation of the order, the company may also notify the customer by email of the estimated delivery date. Should this differ from the date published on the online shop at the time of the customer’s purchase, and where these two dates differ, the buyer may, in this case (or in other cases as set out below), withdraw from the contract (order) without any consequences, and the company shall refund the payment made (see the section ‘Withdrawal from the contract within 14 days without giving a reason’ in these General Terms and Conditions). Provided this feature is available at the time of purchase (depending on the selected delivery provider), the customer may also receive, in a separate message, a tracking code for their order once it has been dispatched to their address.
Technical means enabling the identification and correction of errors before placing an order
Before placing an order, the visitor is able, via the graphical interface, to do the following with immediate effect, easily and without difficulty:
- view and review the goods, services, digital content, digital services or goods with digital elements that they have selected and added to their shopping basket;
- view and review the description of the goods, services, digital content, digital services or goods with digital elements, their price, and the total price of the entire basket;
- change the selected quantity of individual goods, services, digital content, digital services or goods containing digital elements, whereby a new price relating to the changed quantity or a new price for the entire order is automatically calculated (the visitor can achieve the same result by entering the new quantity in the appropriate input field on the shopping basket subpage);
- removes goods, services, digital content, digital services or goods with digital elements that they do not wish to purchase (whereby the visitor can achieve the same result by entering a reduced quantity in the relevant input field on the shopping basket subpage), thereby reducing the total order amount.
Before confirming the order, the visitor is able, via the graphical interface, to do the following with immediate effect, easily and without difficulty:
- change the selected quantity of goods, services, digital content, digital services or goods with digital elements;
- amend details already entered (e.g. regarding delivery, notifications, etc.);
- change the selected payment method; and
- review and confirm individual changes to the order;
at every stage of the purchase process, the visitor has the option to go back a step (e.g. by clicking the ‘Back’ button in the browser, clicking a new drop-down menu option, clicking a section of the top menu or clicking the company logo).
Product prices
All product prices quoted are valid at the time of purchase and remain valid until a new price list is adopted (i.e. the bulk introduction of new prices into the online shop’s range) or until individual price updates are made to the products on offer in the online shop.
The product range is valid for as long as the products are in stock or listed in the online shop’s range, and as such remain valid until stocks are sold out.
The prices in the online shop are the retail prices of the products, which do not include delivery costs; as these are displayed and taken into account when the visitor selects the delivery method or destination at the checkout; upon selecting a specific method, the corresponding delivery charge is added to the final purchase price, as set out in more detail in the ‘Delivery’ section of these General Terms and Conditions.
In the case of discounts and other promotions that affect the final price of an individual product, these will always be displayed in a way that allows the user to distinguish between the price before and after the reduction, with the exception of any promotional or discount codes, which are always applied when entered at the relevant stage of the checkout process.
The unit price for an individual product is not shown where the unit price is the same as the published retail price of the product, or where this would not otherwise facilitate price comparison, or where different products are sold in the same packaging, all of which stems from the very nature or purpose of the products.
All prices in the online shop are quoted in euros.
Product prices include VAT.
Product prices are not adjusted on the basis of automated decision-making.
Payment methods
Purchases in the online shop can be made using the following methods, which are available to the customer to choose from at the final stage of the purchase:
- cash on delivery (within Slovenia and Croatia);
- bank transfer to a current account;
- card payment (Maestro/Mastercard/VISA);
- payment via the Flik service.
Any additional costs associated with the choice of a particular payment method are specified at the final stage of the purchase.
Upon receipt of payment via the selected payment method, the company will forward the order to its delivery partners as soon as possible, as set out in the ‘Delivery’ section of these General Terms and Conditions.
In the case of the ‘cash on delivery’ option (where available), the delivery partner will contact the customer at the email address provided (or, in exceptional cases, via the telephone number provided) to agree on the place and time of collection, and will inform the customer whether the purchase price can be paid in cash, by card or using a UPN form.
In the event that the customer is offered the option of cash on delivery – which will be clearly indicated to the customer and available for selection at the relevant stage of the purchase process – the company reserves the right, in the event of an uncollected parcel (or multiple uncollected parcels relating to the same customer), to make claims against the customer for the damages suffered by the company in this regard, to which it is entitled under the provisions of civil law.
Issuing an invoice
The company shall issue an invoice to the consumer for goods sold, services rendered or digital content supplied, either in the form of a physical document enclosed in the ordered parcel or as a PDF document, in which case the invoice shall be sent to the customer’s email address.
The company issues the invoice free of charge, regardless of the format and method of delivery.
The invoice sets out a breakdown of prices by item and specifies all other costs associated with the purchase.
The company enables the customer to verify the accuracy of the amount charged in relation to the agreed characteristics and quantity of the goods purchased, the services provided or the digital content supplied.
The customer is obliged to check that the details provided are correct before placing an order.
The customer may contact the company regarding the correction of an invoice that has already been issued via the company’s official email address, which is stated at the beginning of these General Terms and Conditions.
The company reserves the right to disregard any objections raised at a later date regarding the accuracy of invoices issued, insofar as any errors on the invoice stem from the buyer’s actions or omissions.
Delivery
The Company works with various delivery partners, which it selects at its own discretion.
The Company and its delivery partners deliver products within the Republic of Slovenia (and, in exceptional cases, where this is expressly stated at the final stage of the purchase process at the time of purchase, to other countries as well).
Individual delivery options and delivery charges are displayed to the customer and available for selection at the final stage of the purchase.
In the event that the customer is offered a delivery option that is faster than the standard delivery option provided by the company (which will be indicated either by the words ‘express delivery’ or by a delivery date that is earlier than that specified for the other delivery option), should the customer withdraw from the contract within 14 days and without giving any reason, they will be refunded only the cost of the standard delivery option (i.e. the cost of the cheapest delivery option offered by the company), as set out in more detail in the section ‘Withdrawal from the contract within 14 days without the need to state a reason’ of these General Terms and Conditions.
Estimated delivery time
Delivery
The delivery time depends on the buyer’s location.
For deliveries within Slovenia, the usual delivery time is 1–3 working days for items in stock; for deliveries to countries within the EU, it is usually 5 days; and for deliveries to other countries, up to 30 days.
These times are approximate and may vary depending on local delivery conditions, public holidays or other unforeseen circumstances.
Collection in person
The company only offers in-person collection for purchases made by legal entities.
Delivery charges
The delivery charge is specified for each delivery method at the relevant stage of the checkout process; when a specific method is selected, the corresponding delivery charge is added to the final purchase price. The delivery charge is also always available at the final stage of the checkout process.
The delivery charge for deliveries within the Republic of Slovenia is EUR 4.20 (GLS) or EUR 3.00 (parcel locker), whilst for deliveries within the EU (excluding the Scandinavian countries – Norway, Sweden, Denmark, Finland and Iceland) it ranges from EUR 5.00 to EUR 15.00 (depending on the buyer’s exact location).
The delivery charge to Scandinavian countries is 10.00 EUR, whilst the charge for deliveries to other export destinations ranges from 25.00 EUR to 30.00 EUR (depending on the customer’s exact location). For deliveries to Scandinavian countries, customers are entitled to free delivery on purchases of 200.00 EUR or more.
Free delivery is available to the customer for purchases of products worth 60.00 EUR or more; this applies only to deliveries within the Republic of Slovenia and the Republic of Croatia. Free delivery for shipments to other countries is available for purchases of products worth 100.00 EUR or more.
Discounts, promotional codes, discount codes and vouchers
- Promotional codes, discount codes and vouchers (gift cards) can be redeemed by the customer entering the code into the appropriate field at the relevant stage of the purchase process, as described in more detail in the section ‘The online shop purchasing process (technical procedures for concluding a contract)’.
- Discounts and other benefits that affect the price of products, as well as discounts on products that are specifically marked, as set out in the section ‘Special product markings’, cannot be combined.
- Promotional codes, discount codes and vouchers are combined with the discount on the individual product; however, only one such code or voucher may be applied to each product.
- Promotional codes, discount codes and vouchers cannot be exchanged for cash or any other form of benefit.
Special product labels
- Low stock: products with low stock levels may be marked with the label ‘Last few items’ (the quantity of products is shown in the product description).
- Most popular: products that are selling particularly quickly within a product category may be labelled ‘Most popular’.
- New products: a product may be labelled ‘New’ or ‘New to XYZ’ if it was not previously available for purchase before being added to the online shop’s product range. A product will retain this label for a minimum of 14 days and a maximum of 2 months.
- Products attracting a high level of interest: a product may be labelled ‘Hot’ if we record a volume of purchases that exceeds the usual volume of purchases for products of this type in our online shop.
- Free delivery: ‘Free delivery’ may be used to label a product for which we offer free delivery.
- Discounts: A product may be marked with ‘Clearance’, ‘Discount’, ‘Special Offer!’, ‘-XYZ %’, ‘SALE’ or a crossed-out price if its price has been significantly reduced compared to the price it had before being marked as such. The percentage or amount of the discount is stated alongside the product (i.e. the stated percentage or the crossed-out promotional price next to the regular price). Products are discounted for a random number of days, as the company regularly updates prices based on current stock levels and recorded demand. Whenever a price reduction is applied, the lowest price of the product over the 30 days prior to the reduction is also always stated. In some cases, products may no longer be in stock and therefore unavailable for order due to being sold at promotional prices; in such instances, we will remove the ‘Discount’ or ‘Promotion’ label from these products as soon as possible and replace it with ‘Out of stock’.
- Sold-out products: a product may be marked as ‘Out of stock’ or ‘Unavailable’ if we do not currently have it in stock in our online shop and will be unable to obtain it from the supplier within the timeframe originally scheduled for delivery of the product in question.
Right to withdraw from the contract within 14 days without giving a reason
A buyer who meets the definition of a consumer has the right, in relation to purchases made in the online shop, to notify the company within 14 days that they are withdrawing from the contract, without having to state a reason for their decision.
The buyer may also withdraw from the contract by sending the company an unambiguous statement clearly indicating that they are withdrawing from the contract.
Upon exercising the right to withdraw from the contract, the obligations of the company and the customer regarding the performance of the contract or the conclusion of the contract cease, where the customer has made an offer to conclude the contract.
When is it not possible to withdraw from a contract within 14 days without giving a reason?
Notwithstanding the above, however, in accordance with Article 135 of the Consumer Protection Act, withdrawal from the contract is not possible in the case of certain types of goods (e.g. the purchase of goods manufactured to the consumer’s precise specifications and tailored to their personal needs, the purchase of goods that are perishable or have a short shelf life; the supply of sealed audio or video recordings and computer programmes, if the consumer has broken the security seal after delivery; the supply of sealed goods which are unsuitable for return for health or hygiene reasons, where the consumer has broken the seal following delivery, etc.).
When is it still possible to withdraw from the contract, and how is this done?
Notwithstanding the above, in all other cases, any purchaser (whereby this applies exclusively to natural persons who meet the criteria of a consumer) may withdraw from the contract (i.e. the purchase) within 14 days without needing to state a reason, by notifying the company within that period that they are withdrawing from the contract (purchase).
The buyer is deemed to have submitted the notice of withdrawal in good time if it was sent to the company within the period specified for withdrawal from the contract (i.e. within 14 days of taking delivery of the goods or placing the order for the provision of the service).
The buyer bears the burden of proof regarding the exercise of the right to withdraw from the contract without cause within 14 days.
Upon receipt of notice of withdrawal from the contract, the company shall immediately inform the buyer of this on a durable medium.
When does the 14-day period for withdrawing from the contract without cause begin?
The 14-day period for withdrawal from the contract without cause, as set out above, begins on the day when:
- the buyer or a third party, other than the carrier and designated by the buyer, takes physical possession of the goods;
- the buyer or a third party, other than the carrier, designated by the buyer, takes physical possession of the last item of goods, where the subject-matter of the contract consists of several items of goods ordered by the buyer in a single order;
- the buyer or a third party, other than the carrier, designated by the buyer, takes physical possession of the final consignment or item of goods, where the delivery of the goods consists of several consignments or items;
- the buyer or a third party, other than the carrier, designated by the buyer, acquires actual possession of the first item of goods, where the delivery of the goods takes place on a regular basis over a specified period.
The above also applies to digital content supplied on a tangible medium.
In the case of a contract for the provision of services or the supply of digital content not supplied on a tangible medium, the 14-day withdrawal period begins on the day the contract is concluded (i.e. on the day of purchase).
Notifying the company of withdrawal via email
The buyer may withdraw from the contract by sending an unambiguous statement to the email address specified at the beginning of these General Terms and Conditions, clearly stating that they are withdrawing from the contract.
It is also recommended that the buyer specify in the notification:
- which goods or services are concerned, or to refer to the order number or order confirmation received at their email address in connection with the purchase;
- when the buyer received the goods.
Notifying the company of withdrawal using the form
The consumer may also submit a notice of withdrawal to the company using the form available here.
The buyer may submit the form to the company by posting it to the postal address stated on the form, or by sending a scanned version of the form to the email address also stated on the form.
The customer may also use the following template as a form for withdrawing from the contract by transcribing or copying it onto a sheet of paper and sending it to the company’s address (or by copying it into an email and sending it to the email address specified at the beginning of these General Terms and Conditions), after first completing the fields marked with *:
PHARMAHEMP proizvodnja in trgovina d.o.o.
Cesta v Gorice 8
1000 Ljubljana, Slovenia, Europe
I hereby inform you that I am withdrawing from the contract for the sale of the following goods: * (specify the goods you have purchased).
The goods were ordered on: * and received on: *
Buyer’s name: *
Buyer’s address: *
Buyer’s signature: * (only if the form is submitted on paper)
Date: *
Permitted testing and use of the goods prior to withdrawal from the contract
The buyer must return the goods to the company in undamaged condition and in the same quantity, unless the goods have been destroyed, damaged, lost or their quantity has been reduced through no fault of the buyer.
The purchaser may not use the goods freely until the contract has been rescinded. The purchaser may inspect and test the goods to the extent strictly necessary to ascertain their actual condition (e.g. by ensuring that, whilst testing them, all original documentation and instructions, as well as all packaging that protects or accompanies the goods, and which an average, reasonably careful consumer may open or dismantle in such a way that the packaging is not damaged whilst still allowing the goods to be tested; that no damage occurs during testing; and that the goods being tested do not become damaged, soiled or otherwise unusable, etc.).
The buyer is liable for any reduction in the value of the goods if such reduction results from conduct that is not strictly necessary to ascertain the nature, characteristics and functioning of the goods. Such liability may amount to the full standard retail price of the goods or service on the date of purchase of the goods or the date of ordering the service.
The company may, in relation to the diminished value of the goods, make claims against the buyer to which it is entitled under the provisions of civil law.
Return of goods in the event of withdrawal from the contract
If the customer has already received the goods and withdraws from the contract, they must return or hand over the goods to the company or to a person authorised by the company to take delivery of the goods, without delay or at the latest within 14 days of notification of withdrawal from the contract, unless the company informs the customer that it will collect the goods itself.
If the company authorises a person to collect the goods or decides to collect them itself, it will, in such a case, notify the buyer by email of the authorised person’s details or agree with the buyer on the date and place of collection once it has received the buyer’s notice of withdrawal. If the customer does not receive such a message from the company, it will be deemed that the customer must arrange for the return of the goods to the company themselves (e.g. by post).
The customer shall be deemed to have returned the goods in good time if they have sent them to the company before the expiry of the 14-day return period.
The company does not accept parcels sent to its address with cash on delivery.
Refunds to the buyer and costs in the event of withdrawal from the contract
In the event of withdrawal from the contract, the company shall, without undue delay or at the latest within 14 days of receiving notice of withdrawal, refund to the customer all payments received in connection with the purchase, provided that it agrees that the conditions for withdrawal from the contract have been met.
In cases where the company does not agree that the buyer’s withdrawal from the contract is justified, it shall notify the buyer accordingly, and the buyer shall have the right to initiate a complaint procedure as set out in the section ‘Submitting Complaints’ of these General Terms and Conditions.
The Company shall refund the payments received to the customer using the same payment method as that used by the customer (usually by transfer to the customer’s current account), unless the customer has expressly agreed to the use of a different payment method and provided that the customer does not incur any costs as a result.
The Company reserves the right to withhold the refund of payments received until it has taken delivery of the returned goods or until the customer provides evidence (e.g. a scan of the postal dispatch receipt) that the goods have been sent back, except in cases where the company may agree with the buyer to collect the goods itself.
Where, in the case of a contract concluded off-premises, the goods are delivered to the buyer’s home at the time the contract is concluded, the Company shall collect them at its own expense if, due to the nature of the goods, it is not normally possible to return such goods by post. The buyer is obliged to inform the Company of this circumstance within the withdrawal period.
If the buyer withdraws from the contract after the company has commenced the provision of the service during the withdrawal period, at the buyer’s express request and with their consent, and the consumer was aware that this would result in the loss of the right to withdraw from the contract, the consumer shall pay the company an amount proportionate to the service provided up to the date on which the company was notified of the withdrawal from the contract. The proportionate amount shall be calculated on the basis of the total value of the contract. If the price specified in the contract is excessive in relation to the market price, the proportionate amount shall be calculated on the basis of the market value.
In connection with the withdrawal from the contract, the buyer shall only bear the costs of returning the goods or digital content supplied on a tangible medium.
The buyer is not entitled to a refund of any additional costs incurred if they have expressly opted for a different type of delivery (e.g. express delivery) other than the most cost-effective standard delivery offered by the company.
Withdrawal from the contract within 14 days and without giving a reason in the case of the purchase of digital content or a service
Withdrawal from the contract within 14 days and without giving any reason in the case of the purchase of digital content or services, in accordance with Article 135 of the Consumer Protection Act regarding the supply of digital content not supplied on a tangible medium, is not possible, if performance has commenced and, where the contract obliges the buyer to make payment, if:
- the consumer has previously given their express consent to the commencement of performance within the withdrawal period,
- the consumer has agreed that this will result in the loss of the right to withdraw from the contract, and
- the company has provided a confirmation in accordance with the sixth paragraph of Article 132 or the second paragraph of Article 133 of the Consumer Protection Act.
If the consumer withdraws from a contract for the supply of digital content or a digital service, the company shall refund to the consumer all payments made in accordance with the contract for the supply of digital content or a digital service.
Notwithstanding the previous paragraph, the company, if the contract for the supply of digital content or digital services provides for the supply of digital content or digital services in return for payment of a price and for a specified period, and the conformity of the digital content or digital services was ensured for some time prior to the withdrawal from the contract for the supply of digital content or digital services, shall refund to the consumer only the proportionate part of the purchase price paid corresponding to the period during which the conformity of the digital content or digital service was not ensured.
In the case referred to in the previous paragraph, the company shall also refund to the consumer any part of the purchase price that the consumer paid in advance for the remaining term of the contract for the supply of digital content or digital services, had the consumer not withdrawn from the contract for the supply of digital content or digital services.
In the event of withdrawal from the contract, the consumer must not use the digital content or digital service and must not make it available to third parties.
Refunds in cases where the buyer has redeemed a discount code, voucher or similar benefit and subsequently withdraws from the contract
Where a contract is withdrawn from and a discount code, promotional code or other similar price benefit has been used, the refund of sums already paid is assessed by treating the voucher, discount code, promotional code or other similar price benefit (e.g. a time-limited discount which the consumer obtains upon fulfilling pre-determined conditions) is treated as a discount on the final price of the goods, and consequently only the actual purchase amount paid is refunded to the customer.
Under no circumstances shall the company, when processing a refund in connection with goods, services, digital goods or digital services where a gift voucher, discount, promotional code or other similar price benefit, under no circumstances shall the Company refund the customer an amount exceeding what the customer actually paid to the Company.
Discount codes, promotional codes or other similar price benefits will not be reissued to the customer in the event of withdrawal from the contract.
Any gift vouchers shall be treated as a means of payment upon withdrawal from the contract and shall be taken into account upon return by issuing the customer with a new gift voucher for the value that was used in connection with the purchase from which they have withdrawn.
Non-conformity of goods and goods with digital elements
In accordance with the Consumer Protection Act, the company shall supply the customer with goods that meet the subjective requirements for conformity, the objective requirements for conformity and, where applicable, the objective requirements for conformity of goods with digital elements, and shall be liable for any lack of conformity that the goods had at the time of delivery.
Subjective aspects of conformity of goods
A consumer may bring a claim against the company regarding non-conforming goods where the goods do not comply with the sales contract, as set out in Article 72 of the Consumer Protection Act (e.g. they do not correspond to the description in the sales contract, are not fit for the specific purpose for which the consumer requires them, are not supplied with accessories and instructions, are not up to date, etc.).
Objective aspects of conformity of goods
The goods must also meet the objective criteria for conformity, as set out in Article 73 of the Consumer Protection Act (e.g. be fit for the purposes for which goods of the same type are normally used; correspond to the type, quality, the sample as advertised to the consumer, and be supplied with accessories, packaging, instructions, etc.).
Aspects of conformity of goods with digital elements
Goods with digital elements are also non-compliant if the company fails to ensure that the consumer is informed of updates, including security updates, which are necessary to maintain the conformity of the goods with digital elements, and that these updates are also supplied to the consumer within the period:
- which the consumer may reasonably expect, given the nature and purpose of the goods and digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a one-off supply of digital content or a digital service, or
- two years from the supply of the goods with digital elements, where the sales contract provides for the continuous supply of digital content or a digital service over a specified period, or
- the period within which, in accordance with the sales contract, the digital content or digital service is to be supplied, where the sales contract provides for the continuous supply of digital content or a digital service over a period exceeding two years.
Where the consumer fails to install, within a reasonable period, the updates supplied in accordance with the previous paragraph, the company shall not be liable for any lack of conformity resulting solely from the failure to install the relevant update, provided that:
- the company has informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it, and
- the reason why the consumer did not install the update or installed it incorrectly was not due to defective installation instructions provided to the consumer.
Non-conformity due to incorrect installation
Where installation forms an integral part of the sales contract and is carried out by, or for which the company is responsible, any lack of conformity resulting from the incorrect installation of the goods shall be deemed to be a lack of conformity of the goods.
If the consumer, having to install the goods themselves, incorrectly installs the goods due to inadequate installation instructions provided by the company or, in the case of goods with digital elements , by the company or undertaking supplying the digital content or digital service, any lack of conformity resulting from the incorrect installation of the goods shall be deemed to be a lack of conformity of the goods.
Making warranty claims in the event of non-conformity of goods and goods with digital elements
Time limit for making a warranty claim on the grounds of non-conformity of goods or goods with digital elements
The consumer may exercise their rights in respect of non-conforming goods if they notify the company of the non-conformity within 2 months of the date on which the non-conformity was discovered.
The right to make warranty claims regarding non-conforming goods (or goods with digital elements) expires 2 years from the date on which the consumer notified the company of the non-conformity of the goods.
The company is liable for any lack of conformity of the goods that exists at the time of delivery and which becomes apparent within two years of delivery.
Without prejudice to the first paragraph of Article 74 of the Consumer Protection Act, the preceding paragraph also applies to goods with digital elements.
In the case of goods with digital elements where the sales contract provides for the continuous supply of digital content or digital services over a specified period, the company shall be liable for any lack of conformity of the digital content or digital services that arises or becomes apparent within two years of the supply of the goods with digital elements.
In the case of goods with digital elements where the sales contract provides for the continuous supply of digital content or a digital service for a period longer than two years, the company is liable for any lack of conformity of the digital content or digital service that arises or becomes apparent during the period in which the digital content or digital service is to be supplied in accordance with the sales contract.
If the subject matter of the sales contract is second-hand goods, the company is liable to the buyer for any lack of conformity that arises for a further period of one year following the delivery of the goods.
It is presumed that the non-conformity of the goods already existed at the time of delivery if it becomes apparent within one year of delivery, unless the company proves otherwise or unless this presumption is incompatible with the nature of the goods or the nature of the non-conformity.
Notification by the consumer to the company regarding the assertion of a warranty claim
The consumer may notify the company of the non-conformity in person, in which case the company will issue a confirmation, or by sending a notification to the shop or business premises of the company where the goods were purchased, or by notifying the company’s representative with whom the consumer concluded the sales contract.
The company recommends that consumers submit notices of non-conformity to it in writing, i.e. by post or email, sent to the address or email address specified at the beginning of these General Terms and Conditions.
The consumer must describe the alleged non-conformity in detail in the notification of non-conformity.
It is recommended that the consumer also attach to the notification the invoice (e.g. as a scan) issued by the company in connection with the purchase of the product in question, or other evidence proving that the consumer purchased the product from the company (e.g. an email containing an order confirmation).
The company is under no obligation to assess or honour warranty claims from persons who fail to prove that they purchased the non-conforming goods, services or digital content in question from the company’s online shop.
It is also recommended that the communication include photographs, a video or other material illustrating the alleged non-conformity.
Where necessary, the company or its partners may ask the consumer for the opportunity to inspect the non-compliant goods, services or digital content (e.g. by the company organising, at its own expense, the dispatch or collection of the goods for inspection, via a video link or by any other appropriate means).
If the company does not agree that the goods are non-compliant (or if it does not agree that the consumer who sent the notification to the company is entitled to make a warranty claim), the company shall notify the consumer of this in writing within 8 days of receiving the consumer’s warranty claim.
What warranty claims arising from non-conformity are available to the buyer in the event of non-conforming goods?
In the event of non-conforming goods, a consumer who has notified the company of the non-conformity is entitled, subject to the conditions and in the order set out in this section, to:
- firstly: request that the company bring the goods into conformity free of charge,
- thereafter: request a reduction in the purchase price proportionate to the non-conformity, or withdraw from the sales contract and request a refund of the amount paid.
The consumer may withhold payment of the remainder of the purchase price, or part of that remainder, until the company has fulfilled its obligations under this section. The consumer exercises this right by means of a statement notifying the company of their decision, as described in more detail in the section above concerning the consumer’s notification to the company.
In any event, the consumer is also entitled to claim compensation from the company, in particular reimbursement of the costs of materials, replacement parts, labour, handling and transport of the goods incurred as a result of making a warranty claim in respect of non-conforming goods.
The consumer may require the company, within a reasonable period from the time they notify the company of the lack of conformity – which shall not exceed 30 days – to bring the goods into conformity free of charge and without significant inconvenience to the consumer, taking into account, in particular, the nature of the goods and the purpose for which the consumer requires them.
The time limit referred to in the previous paragraph may be extended by the minimum time necessary to complete the repair or replacement, but by no more than 15 days. When determining the extended time limit, account shall be taken of the nature and complexity of the goods, the nature and seriousness of the lack of conformity, and the effort required to complete the repair or replacement. The company shall inform the consumer of the number of days by which the time limit is to be extended and the reasons for the extension before the expiry of the time limit referred to in the previous paragraph (usually by email sent to the address from which the consumer notified the company of the lack of conformity).
The goods are deemed to have been brought into conformity free of charge if the company also bears the necessary costs incurred in bringing the goods into conformity, in particular the costs of postage, transport, labour or materials.
When can a consumer not choose to have non-compliant goods repaired or replaced?
In order to bring the goods into conformity, the consumer may choose between having the goods repaired and having them replaced with new, fault-free goods, unless:
- it is impossible to fulfil the chosen warranty claim, or
- fulfilling the chosen warranty claim would entail disproportionate costs for the company compared with the other warranty claim, taking all circumstances into account (i.e. in particular the value the goods would have had if they had not been non-conforming, the significance of the non-conformity, and the possibility of providing the consumer with another warranty claim without significant inconvenience).
The company may refuse the consumer’s warranty claim for the goods to be brought into conformity if repair and replacement are not possible or if they would entail disproportionate costs for the company, taking into account all the circumstances, including those set out in the previous paragraph.
Where repair or replacement of the goods is necessary to bring them into conformity, the consumer must make the goods available to the company, as described in more detail in the section above relating to the consumer’s notification to the company. Where the restoration of conformity requires the replacement of the goods, the company shall take back the replaced goods at its own expense.
Where goods that were installed in accordance with their nature and intended purpose prior to the non-conformity becoming apparent removed for the purposes of repair or replacement, the obligation to repair or replace the goods also includes the removal of the non-compliant goods and the installation of replacement or repaired goods, or the coverage of the costs of such removal and reinstallation.
The consumer is not required to pay for the normal use of the replaced goods during the period prior to the replacement.
Reduction of the purchase price and withdrawal from the sales contract in the case of non-conforming goods
A consumer may request a proportionate reduction in the purchase price or withdraw from the sales contract in any of the following circumstances:
- where the company has failed to repair or replace the goods or, where applicable, has failed to complete the repair or carry out the replacement of the goods in accordance with the Consumer Protection Act, or has rejected the consumer’s warranty claim for the goods to be brought into conformity in accordance with the sixth paragraph of the previous article;
- non-conformity persists despite the company’s attempts to bring the goods into conformity;
- the nature of the lack of conformity is so serious as to justify an immediate proportionate reduction in the purchase price or withdrawal from the sales contract; or
- the company has stated, or it is evident from the circumstances, that the company will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
Notwithstanding the previous paragraph, the consumer may withdraw from the sales contract and claim a refund of the amount paid if the lack of conformity becomes apparent within 30 days of delivery of the goods.
If the consumer requests a proportionate reduction in the purchase price, the reduction shall be proportionate to the reduction in the value of the goods received by the consumer compared with the value the goods would have had if they had been in conformity.
The consumer may withdraw from the sales contract by making a statement informing the company of their decision to withdraw from the sales contract, as set out in more detail in the paragraph above concerning the consumer’s notification to the company.
Where the lack of conformity relates only to part of the goods supplied under the sales contract, and there are grounds for withdrawal from the sales contract in accordance with the first or second paragraph of this Article, the consumer may withdraw from the sales contract in respect of those goods and any other goods acquired together with the non-conforming goods, provided that the consumer cannot reasonably be expected to retain only the goods that are in conformity.
Where the consumer withdraws from the sales contract on the grounds of non-conformity, the consumer shall return the goods to the company at the company’s expense.
The consumer may not withdraw from the sales contract if the lack of conformity is merely minor.
The burden of proof as to whether the lack of conformity is minor lies with the company.
Time limit for refunding the amount paid or part of the purchase price
Where the consumer withdraws from the sales contract, the company shall refund the amount paid to the consumer without delay, but no later than 8 days after receiving the goods or proof that the consumer has returned the goods.
Where the consumer requests a proportionate reduction in the purchase price in accordance with the third paragraph of Article 83 of the Consumer Protection Act, the company shall refund part of the purchase price within 8 days of receiving the request for a proportionate reduction in the purchase price.
Asserting warranty claims in the event of non-conforming services
The provisions of this section apply to services offered online, unless otherwise specified by the Consumer Protection Act (or any other Act or agreement between the company and the consumer).
In the event of a defect in the service provided, a consumer who has notified the company of this may:
- request that the defect in the service provided be rectified free of charge;
- request that the service be performed again;
- request a refund of part of the purchase price in proportion to the defects in the service provided; or
- withdraw from the contract and request a refund of the amount paid.
The time limits laid down for the company’s liability for non-conformity of goods shall apply mutatis mutandis to the provision of services, unless a longer time limit is specified by a specific law or by an agreement between the company and the consumer.
If the existence of a defect in the service provided is not disputed, the company shall comply with the consumer’s request set out in the notice of non-conformity of the service as soon as possible, but no later than within 8 days.
The company shall respond in writing to the consumer’s request no later than 8 days after receiving it, if the existence of a defect in the service provided is disputed.
Terms and Conditions for the Purchase of Digital Content or Services
This section of the General Terms and Conditions governs the purchase, supply and access to digital content or services offered by the online shop.
In accordance with the Consumer Protection Act, the provisions of this section do not apply to digital content or digital services offered by the online shop which are incorporated into or interlinked with goods containing digital elements and which are supplied with the goods in accordance with the sales contract for those goods, regardless of whether such digital content or digital service is supplied by the company or a third party.
In all such cases, the provisions of the Consumer Protection Act and the relevant sections of these General Terms and Conditions governing the conformity of goods with digital elements and other aspects of the purchase or liability relating to the purchase of physical goods or goods with digital elements shall apply.
Conclusion of a contract for the purchase of digital content or services
Where digital content or digital services are available to the customer via the online shop at the time of purchase, the customer may make a purchase in relation to them, as described in more detail in the section ‘The online shop purchasing process and technical procedures for concluding a contract’, whereby, in accordance with the provisions of these General Terms and Conditions and to the extent or in accordance with the specifications set out in the description of the individual digital content or service purchased, a contract for the supply of digital content or a digital service is thereby concluded between the customer and the company.
Under this contract, the company consequently supplies the consumer, in return for payment, with the relevant digital content or digital service, as defined in the description of the relevant digital content or service or as described in more detail below.
In accordance with the Consumer Protection Act, the following is also considered to be a contract for the supply of digital content or digital services:
- a contract under which the buyer undertakes to provide the company with personal data, unless the company processes the personal data provided by the buyer exclusively for the purpose of supplying digital content or a digital service in accordance with the aforementioned Act, or to enable the company to comply with legal requirements applicable to it, and the company does not process such data for any other purpose,
- a contract under which the digital content or digital service is created in accordance with the consumer’s specifications,
- and a contract relating to the purchase of physical data carriers which serve exclusively as carriers of digital content (e.g. the purchase of a CD for software installation, etc.),
- which is concluded upon purchase or placing an order via the online shop or its dedicated sub-pages (e.g. by entering an email address for the purposes of free delivery of digital content or a service), whereby this type of contract is also governed by this section of these General Terms and Conditions.
Functionalities and technical protection measures for digital content, services or goods with digital elements
Specific features and any technical protection measures for digital content, services or goods with digital elements are always set out in the description of the digital content, service or goods with digital elements in the online shop’s offer.
When providing the above information, the Company may include links to other websites, video content or graphical representations in the descriptions. The company reserves the right, in the event of technical limitations or other objective reasons, to include in the descriptions only that information which is expected or necessary for the proper use or installation of, and for informing the average consumer regarding, the specific digital content, service or goods with digital elements.
In the event of any ambiguity or incomplete information, the consumer is advised to contact the company at the email address provided at the beginning of this document before placing an order.
Delivery of digital content or services
Following a successful purchase (and fulfilment of any other conditions that may be specified in the description of the digital content or service regarding any restriction of content to a designated section of the online shop, insofar as this is specified in the description of the digital content or service or elsewhere in these General Terms and Conditions), the company shall, without undue delay:
- either send the digital content or service to the customer’s email address (or within the designated section of the online shop, where this is specified in the description of the digital content or service) in the format specified in its description in the online shop’s offer; or provide the appropriate means of accessing or downloading the digital content or service (e.g. instructions and access details for downloading the digital content or service, or for accessing content within the designated section of the online shop), so that it is made available to the consumer or is accessible via a physical or virtual platform chosen by the consumer for that purpose,
- or ensure that the digital service is made available to the consumer or is accessible via the physical or virtual platform selected by the consumer for this purpose.
The means of access or delivery of the digital content or service, or the physical or virtual platform for the consumer’s access to the digital content or service, is deemed to be that specified in the description of the relevant digital content or service (e.g. ‘Available for download’, ‘CD’, ‘DVD’, ‘Online download’ or that which a reasonable consumer would expect in relation to the type of digital content or service in question.
Where a different method of delivery is specified for digital content or services, this will always be stated in the description of the relevant digital content or service in the online shop’s offer or in these General Terms and Conditions.
Should delivery in the manner described above not be possible at the time of purchase due to technical or other objective reasons, the company shall endeavour to repeat the delivery as soon as possible or shall carry it out by another suitable means, to be agreed with the customer. Should the delivery time constitute an essential element of the contract for the customer and should there be a delay in delivery, the customer shall be entitled to withdraw from the contract in accordance with the relevant provisions of these General Terms and Conditions governing the procedure in the event of non-conformity of the goods, digital content, services or goods with digital elements.
Access to digital content or services and permissible and serious service disruptions
Where part of the online shop’s offering also enables the purchase or supply of digital content or services which, following purchase, are made available to the consumer solely via a dedicated section of the online shop, the use of and access to such digital content or services may be subject to payment of a subscription fee or other conditions for the use of and access to such streaming content or access to the designated section of the online shop, as will always be stated in advance in the description of such digital content or services or in these General Terms and Conditions.
In the event of a serious service outage affecting the availability of subscribed digital content or services in the designated section of the online shop, or the possibility of serious disruptions to access to subscribed digital content (i.e. to the operation of the designated section of the online shop), the company shall offer affected customers compensation in the form of a refund of the purchase price or monthly payment, proportionate to the duration of the serious disruption.
In the event of any ambiguity or lack of information regarding access to digital content or services, the consumer is advised to contact the company at the email address provided at the beginning of this document before placing an order.
Information on the compatibility and interoperability of digital content or services
The compatibility and interoperability of digital content or services depend on the specific digital content or service in question and, as such, may be specified in the description of the relevant digital content or service.
Where the description of a specific item of digital content or service does not include specific information on compatibility or interoperability, the digital content or service is deemed to be compatible or interoperable only with the hardware or software normally used with that type of digital content or service (i.e. hardware and software, as well as all network connections, which an average consumer would expect to support the transfer, reading, use and other expected interactions with the digital content or service, such as a CD or DVD player or other reader, or a USB port, programmes or plug-ins for working with files in Word or PDF format; plug-ins or programmes for downloading and playing streaming video content in MP4 or AVI format; video codecs such as H.264, DivX and Xvid; and hardware and software for playing audio files in .mp3 or .wav format).
Unless otherwise stated in the description of an individual digital service or item in the online shop’s range, digital content and services are, in principle, compatible and interoperable with Microsoft and macOS operating systems, as well as any other environments that support the operation of programmes for launching, opening and reading or playback of the relevant type of digital content or service (e.g. Android and iOS in the case of digital content or services whose descriptions indicate that they are used or accessed on mobile devices), provided that the adapted mobile versions of such programmes support the relevant format of the digital content or service.
Where digital content or services have specific requirements regarding launch, access or use, such details are set out in the description of the relevant digital content or service in the online shop’s offering at the time of purchase or in the relevant section of the online shop.
When providing the above information, the Company may include links to other websites, video content or graphic representations in the descriptions. The company reserves the right, in the event of technical limitations and other objective reasons, to include in the descriptions only that information which is expected or necessary for the proper use or installation of, and for informing the average consumer regarding, the specific digital content or service or goods with digital elements.
In the event of any ambiguities or incomplete information, the consumer is advised to contact the company at the email address provided at the beginning of this document before placing an order.
Non-conformity of digital content or digital services
In accordance with the Consumer Protection Act, the company shall supply the customer with compliant digital content or a digital service.
Subjective aspects of the conformity of digital content
Digital content or a digital service is not in conformity with the contract for the supply of digital content or a digital service, as set out in Article 110 of the Consumer Protection Act (e.g. it does not correspond to the description, type, quantity and quality, and lacks the functionality, interoperability and other characteristics as set out in the contract for the supply of digital content or digital services, etc.).
Objective aspects of the conformity of digital content or digital services
Digital content or a digital service is also not in conformity where it does not fulfil the purposes for which digital content or a digital service of the same type is normally used, as set out in Article 111 of the Consumer Protection Act (e.g. it is not supplied together with all the accessories and instructions which the consumer can reasonably expect to receive, where appropriate, etc.).
Non-conformity of updates to digital content or digital services
Updates to digital content or a digital service are non-compliant if the company fails to ensure that the consumer is informed of updates, including security updates, which are necessary to maintain the compliance of the digital content or digital service with the contract for the supply of digital content or a digital service. The company shall ensure that the updates referred to in the previous paragraph are supplied or made available to the consumer within the period:
- during which the digital content or digital service is to be supplied in accordance with the contract for the supply of digital content or digital services, where the contract for the supply of digital content or digital services provides for the continuous supply of digital content or digital services over a specified period, or
- which the consumer may reasonably expect, given the nature and purpose of the digital content or digital service and taking into account the circumstances and nature of the contract for the supply of digital content or digital services, where the contract for the supply of digital content or digital services provides for a single supply of digital content or digital services or a series of individual supplies of digital content or digital services.
Non-conformity due to incorrect integration of digital content or a digital service
Any lack of conformity of digital content or a digital service arising from the incorrect integration of the digital content or digital service into the consumer’s digital environment shall be deemed to be a lack of conformity of the digital content or digital service if:
- the digital content or digital service was integrated by the company or under the company’s responsibility; or
- it was intended that the consumer should integrate the digital content or digital service, and the incorrect integration occurred due to inadequate integration instructions provided by the company.
Asserting warranty claims in the event of non-conformity of digital content or a digital service
In the event of non-conformity of digital content or a digital service, the consumer may, subject to the conditions set out in this section:
- request that the digital content or digital service be brought into conformity,
- request a proportionate reduction in the purchase price; or
- withdraw from the contract for the supply of digital content or a digital service.
The consumer is also entitled to claim compensation from the company, in particular if the digital content or digital service supplied causes damage to hardware or other digital content or digital services owned by the consumer, and the damage is not the result of the consumer’s actions or omissions. The consumer may claim compensation in accordance with the general rules on liability for damage.
The consumer may withhold payment of the remaining part of the purchase price, or part of that remaining part of the purchase price, until the company has fulfilled its obligations under Chapter IV of the Consumer Protection Act – Warranty claims in the event of non-conformity. The consumer exercises this right by means of a statement notifying the company of their decision (e.g. as provided for in the section of these General Terms and Conditions concerning notification of the existence of a material defect in ordinary goods).
The consumer’s rights set out in the first paragraph of this section shall cease two days after the date on which the consumer notified the company of the lack of conformity of the digital content or digital service.
Bringing the digital content or digital service into conformity
The consumer may request that the digital content or digital service be brought into conformity, unless this would be impossible or would entail disproportionate costs for the company, taking into account all the circumstances of the case, including:
- the value that the digital content or digital service would have if it were in conformity, and
- the significance of the lack of conformity.
The company shall bring the digital content or digital service into conformity in accordance with the preceding paragraph within a reasonable time from the moment the consumer notifies the company of the lack of conformity, free of charge and without significant inconvenience to the consumer, taking into account the nature of the digital content or digital service and the purpose for which the consumer required that digital content or digital service.
Reduction of the purchase price or withdrawal from the contract for the supply of digital content or a digital service
The consumer may request a proportionate reduction in the purchase price in accordance with the second and third paragraphs of Article 83 of the Consumer Protection Act, where the digital content or digital service is supplied in return for payment of the purchase price, or withdraw from the contract for the supply of digital content or a digital service in accordance with the fourth paragraph of that Article, in any of the following cases:
- it is impossible or disproportionate to bring the digital content or digital service into conformity in accordance with the first paragraph of the previous Article;
- the company has failed to bring the digital content or digital service into conformity in accordance with the second paragraph of the previous article;
- the digital content or digital service remains non-conforming despite the company’s attempt to bring the digital content or digital service into conformity;
- the nature of the lack of conformity of the digital content or digital service is so serious as to justify an immediate and proportionate reduction in the price or withdrawal from the contract for the supply of the digital content or digital service; or
- the company has stated, or it is evident from the circumstances, that the company will not bring the digital content or digital service into conformity within a reasonable time or without significant inconvenience to the consumer.
The amount of the proportionate reduction in the purchase price shall be proportionate to the reduction in the value of the digital content or digital service supplied to the consumer, compared with the value that the digital content or digital service would have had if it had been in conformity.
If the contract for the supply of digital content or a digital service stipulates that the digital content or digital service is to be supplied over a specified period in return for payment of the purchase price, the purchase price shall be reduced for the period during which the digital content or digital service was not in conformity.
Notwithstanding the first paragraph of Article 83 of the Consumer Protection Act, where digital content or a digital service is supplied in return for payment of the purchase price, the consumer may withdraw from the contract for the supply of digital content or a digital service only if the lack of conformity is not minor. The burden of proof as to whether the non-conformity is minor lies with the company.
The consumer exercises the right to withdraw from the contract for the supply of digital content or a digital service by means of a statement notifying the company that they are withdrawing from this contract (e.g. as provided for in the section of these General Terms and Conditions concerning notification of a material defect in ordinary goods).
Refund of payments
If the consumer withdraws from a contract for the supply of digital content or a digital service, the company shall refund to the consumer all payments made in accordance with the contract for the supply of digital content or a digital service.
Notwithstanding the previous paragraph, the company, if the contract for the supply of digital content or a digital service provides for the supply of digital content or a digital service in return for payment of a price and for a specified period, and the conformity of the digital content or digital service was ensured for some time prior to the withdrawal from the contract for the supply of digital content or a digital service, shall refund to the consumer only the proportionate part of the purchase price paid corresponding to the period during which the conformity of the digital content or digital service was not ensured.
In the case referred to in the previous paragraph, the company shall also refund to the consumer any part of the purchase price that the consumer paid in advance for the remaining term of the contract for the supply of digital content or digital services, had the consumer not withdrawn from the contract for the supply of digital content or digital services.
Time limits and methods of reimbursement
Where a consumer exercises their right to a proportionate reduction in the purchase price or to withdraw from the contract for the supply of digital content or a digital service in accordance with Article 120 or 122 of the Consumer Protection Act, the company shall refund the payments received from the consumer without undue delay and no later than 14 days from the date the company was notified of the consumer’s decision to claim a proportionate reduction in the purchase price or to withdraw from the contract for the supply of digital content or digital services.
The company shall refund the payments received using the same means of payment as that used by the consumer to pay for the digital content or digital service, unless the consumer expressly agrees to a different means of payment and the consumer does not incur any costs as a result.
The company shall not charge the consumer any costs for the refund of payments received.
Use of digital content and digital services
Following the consumer’s withdrawal from a contract for the supply of digital content or digital services, the company may not use any content, other than personal data, which the consumer has provided or created whilst using the digital content or digital services supplied by the company, except as provided for in Article 124 of the Consumer Protection Act.
In the event of the consumer’s withdrawal from a contract for the supply of digital content or a digital service, the company reserves the right, notwithstanding the second paragraph of Article 124 of the Consumer Protection Act and the preceding paragraph, to prevent the consumer from any further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by deactivating the consumer’s user account.
Use of digital content or digital services and return of the physical data carrier
Following withdrawal from the contract for the supply of digital content or a digital service, the consumer shall refrain from using the digital content or digital service and shall not make it available to third parties, for which they may be held civilly liable to the company.
If the digital content was supplied to the consumer on a tangible medium, the consumer shall, at the company’s request and at the company’s expense, return the tangible medium to the company without undue delay.
The company shall submit the request for the return of the physical data carrier referred to in the previous paragraph within 14 days of the date on which it was notified of the consumer’s decision to withdraw from the contract for the supply of digital content or a digital service.
The consumer shall not be required to pay for the use of the digital content or digital service for the period prior to withdrawal from the contract for the supply of digital content or a digital service during which the digital content or digital service was not in conformity.
Bundled contracts and withdrawal from bundled contracts
Where the purchase involves the company providing the buyer, as part of a package, not only with elements relating to the supply of digital content or a digital service but also with elements relating to the provision of other services or goods (i.e. where a package contract is involved), the provisions of this section apply only to those elements of the package contract relating to the digital content or digital service.
In the event that the customer withdraws from a specific element of the package contract referred to in the previous paragraph, the customer may also withdraw from the other elements of the relevant package contract if the customer cannot reasonably be expected to retain the other elements of the package contract. If the customer exercises the option to withdraw from other elements of the contract in accordance with the previous paragraph, they shall not be required to pay the company any costs associated with the termination of the subscription, nor any other administrative costs, contractual penalties, amounts relating to benefits received, or any other additional costs.
A customer who received goods upon conclusion of the package contract and who withdraws from the package contract in accordance with the previous paragraph may, upon withdrawing from the package contract before the expiry of the contract term, choose either to reimburse the company for an amount corresponding to the proportionate share of the total value of the goods received and retain the goods, or to return the goods to the company at their own expense in the condition in which they were delivered, in which case the company shall refund the purchase price.
The amount corresponding to the proportionate share of the total value of the goods received, as referred to in the previous paragraph, shall not exceed either the value of the goods as determined at the time the package contract was concluded, or the remaining portion of monthly payments for the goods received until the expiry of the contract term, whichever is lower.
Warranty for the fault-free operation of certain products
Under the guarantee, the company or the manufacturer (depending on who issued the guarantee certificate in respect of the goods in question) undertakes, as the guarantor, to repair or replace the goods for the consumer free of charge, or refund part or all of the purchase price where the goods do not meet the specifications or possess the characteristics set out in the guarantee certificate or the relevant advertising material made available to the consumer at the time of purchase (i.e. conclusion of the contract) or prior to that, as stated in the guarantee certificate.
If the terms set out in the warranty certificate are less favourable to the consumer than those set out in the related advertising messages, the warranty shall be binding under the terms set out in the related advertising messages, unless the related advertising messages were amended prior to the purchase in the same or a comparable manner as they were originally published.
The guarantee does not exclude the consumer’s rights arising from the mandatory guarantee of conformity of goods.
The provisions of this section (and the provisions or rights set out in the individual warranty certificate) also apply to purchasers who do not meet the definition of a consumer.
Issue and territorial validity of the warranty certificate
Goods offered via the online shop are covered by a guarantee if this is expressly stated in the guarantee certificate or on the invoice provided to the customer at the same time as the product.
The manufacturer (or company) provides the consumer with a statutory warranty, as defined in more detail in the specific warranty certificate accompanying the goods, in respect of which statutory or subordinate legislation prescribes the mandatory provision of a warranty;
The manufacturer (or the company) may, at its own discretion and in relation to specific goods, issue a voluntary (commercial) guarantee, as set out in more detail in the relevant guarantee certificate, which may accompany goods for which the issue of a guarantee is not mandatory.
For goods in respect of which a guarantee has been issued, the company shall, no later than upon delivery of the goods to the consumer, provide the consumer with the guarantor’s guarantee certificate containing the information specified in Article 91 of the Consumer Protection Act.
The warranty issued shall always be valid exclusively within the territory of the Republic of Slovenia (unless otherwise stated in the warranty certificate).
Servicing, provision of spare parts, repair and maintenance of goods
The manufacturer guarantees, subject to payment, the repair and maintenance of goods, spare parts and accessories for at least three years after the expiry of the guarantee period, either by carrying out the service itself or by a contractor with whom a contract for the servicing of goods has been concluded.
For goods where the provision of a warranty is mandatory, the company informs customers that, unless otherwise specified in the warranty certificate (e.g. if the list of authorised service centres does not include service providers covering the territory of the Republic of Slovenia or service providers offering repair, maintenance of goods, spare parts and accessories), they should direct their enquiries or claims to the company via the email address for consumer communications, which is stated at the beginning of these General Terms and Conditions.
Consumer warranty rights
If goods covered by a statutory guarantee do not meet the specifications or lack the characteristics stated in the guarantee certificate or advertising material, the consumer may first request that the defects be rectified. If the defects are not rectified within a total of 30 days from the date on which the manufacturer or authorised service centre received the consumer’s request for rectification, the manufacturer must replace the goods with identical, new and fault-free goods free of charge.
The time limit referred to in the previous paragraph may be extended by the minimum time required to complete the repair or replacement, but by no more than 15 days. When determining the extended time limit, account shall be taken of the nature and complexity of the goods, the nature and seriousness of the non-conformity, and the effort required to complete the repair or replacement. The manufacturer shall inform the consumer of the number of days by which the time limit is to be extended and the reasons for such an extension before the expiry of the time limit referred to in the previous paragraph.
If the manufacturer fails to repair the goods or replace them with new ones within the time limit referred to in the first paragraph of this Article and the preceding paragraph, the consumer may demand a full refund of the purchase price from the manufacturer or request a proportionate reduction in the purchase price.
If the consumer requests a proportionate reduction in the purchase price, the reduction shall be proportionate to the reduction in the value of the goods received by the consumer compared with the value the goods would have had if they had been in conformity.
Notwithstanding the first, second and third paragraphs of this section, the consumer may request a refund of the amount paid from the manufacturer if the non-conformity becomes apparent within 30 days of delivery of the goods.
For goods that have been replaced, or where a substantial part of the goods has been replaced with a new one, the manufacturer shall issue a new warranty certificate.
The manufacturer or an authorised service centre may provide the consumer with the free use of similar goods for the duration of the repair of goods covered by a statutory guarantee.
If the manufacturer does not provide the consumer with replacement goods for temporary use, the consumer is entitled to claim compensation for the loss suffered as a result of being unable to use the goods from the moment they requested repair or replacement until such time as this was carried out.
The costs of materials, replacement parts, labour, collection and transport of the goods incurred in rectifying faults or replacing the goods with new ones shall be borne by the manufacturer.
Procedure for exercising rights under the warranty
Within the warranty period and in accordance with the warranty terms and conditions, the buyer must submit a written request to the guarantor or an authorised service centre to have the faults rectified, and must provide the product, the warranty and service certificate, and a copy of the invoice.
The buyer shall not be charged any costs in connection with the rectification of faults or the replacement of the product.
To ensure a faster and more efficient handling of the warranty claim, the customer may send the product directly to the nearest authorised service centre; alternatively, they may send a written request with a detailed description of the fault, together with the goods, to the company, either electronically to the company’s consumer communications email address, which is stated at the beginning of these General Terms and Conditions, or by standard post, sent to the company’s official address, which is also stated at the beginning of these General Terms and Conditions.
If the company determines that the fault in the product was caused by the customer’s improper handling, and the warranty claim is therefore found to be unjustified, the company will return the product at the customer’s expense, accompanied by a written notification.
The consumer’s rights, which may be exercised on the basis of the warranty certificate, shall cease two years after the date on which they were first exercised.
Enquiries regarding which goods are covered by the warranty and how the customer may exercise their warranty rights may be addressed to the company via the email address for consumer communications, which is stated at the beginning of these General Terms and Conditions
Handling of Complaints
The company has established a system for handling complaints relating to goods or services and digital content or services offered via the online shop, as well as relating to purchases made via the online shop. In the event of a complaint, a visitor or customer may contact the Company via the email address stated at the beginning of these General Terms and Conditions.
The Company will, within a reasonable period, notify the complainant by email that it has received their complaint and, within 15 working days, communicate its decision on the complaint in the same manner. This will conclude the complaint procedure with the Company.
The Company shall endeavour to the best of its ability to resolve any disputes amicably. If an amicable resolution of the dispute cannot be reached, the court with exclusive local and subject-matter jurisdiction to resolve all disputes between the company and the user or customer shall be the court in the place where the company has its registered office (or in the nearest place where a competent court exists).
These General Terms and Conditions, and all disputes between the company and the visitor or customer, shall be governed by and construed in accordance with Slovenian substantive and procedural law.
For all relationships and for rights and obligations not governed by these General Terms and Conditions, the applicable provisions of the Obligations Code, the Electronic Commerce Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis.
Out-of-court resolution of consumer disputes
In accordance with the regulations, the company does not recognise any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute that a customer might initiate in accordance with the Act on Out-of-Court Resolution of Consumer Disputes in respect of products purchased via the online shop.
Permitted use of the online shop
The online shop may not be used for any purpose other than the following private and non-commercial purposes: (i) browsing the online shop and the products and content therein; (ii) interacting with buttons, contact forms and other features of the online shop to make a purchase; (iii) sharing and publishing a link to the online shop, (iv) using any designated sections of the online shop, provided the visitor meets the prescribed conditions (e.g. registration of a user account), (v) all other purposes that are logically connected with the operations of the online shop or the company and constitute standard, secure and expected use.
The company reserves the right to deny a visitor, former customer or registered user access to the online shop where there are serious and valid grounds for doing so, relating to suspected misuse, fraud or the commission of a criminal offence, or a threat of serious harm to the company or its partners, and to initiate proceedings against such persons in accordance with civil law.
The use of automated systems or software to extract data from the online shop for commercial purposes (‘screen scraping’) is strictly prohibited.
Preliminary information and information provided by the company as an information society service provider
The company ensures easy, direct and straightforward access to its details (i.e. details of its company and registered office, a valid email address for swift and effective communication, and its company registration number or tax number, details of its registration in the relevant register, specifying the register and registration number, and whether or not it is liable for value added tax) at the bottom (i.e. in the footer) of the online shop or at the beginning of these General Terms and Conditions. The Company has not published the name of the competent state authority, chamber or other supervisory body, the name of the professional chamber or association, the professional title and the country in which it was awarded, nor has it provided references to the applicable professional rules of that country and the means of accessing them, as, on the date of entry into force or the last amendment of these General Terms and Conditions for , its activities do not require a specific licence, nor does it practise a profession or carry out activities for which specific conditions or compulsory membership of a chamber or similar association are prescribed.
Commencement of these General Terms and Conditions
These General Terms and Conditions constitute version 2.1 and shall come into force and apply from 11 November 2026 onwards.
PHARMAHEMP proizvodnja in trgovina d.o.o.


