General Terms and Conditions

GENERAL PROVISIONS

General Terms and Conditions
1. The General Terms andConditions(hereinafter“General Terms”) of Moja Čokolada d.o.o. (hereinafterthe “Company”) are an integral part of all contracts between the Company and purchasers of products (hereinafter alsoreferred to as“customers”) who do business with the Company.
2. Theprovisionsof these General Terms and Conditionsalsoapplyto all offers, estimates, preliminary agreements, legal and business statements, and other services arising from business dealings between the Company and the customer.
3. These General Terms and Conditions have been drafted in accordance with the Consumer Protection Act (ZVPot), the General Data Protection Regulation (GDPR), the applicable data protection law in force at any given time, and the Electronic Communications Act (ZEKom-1).
4. These General Terms and Conditions govern the operation of the Company’s online store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.
5. Definitions:
  - A “Customer”isa natural or legal person who is in a legal and business relationship with the Company, regardless of the Customer’s legal form or status.
  - A “Consumer”isany customer who is a natural person and who purchases or uses the Company’s goods or services for personal purposes or for purposes outside of their professional or business activities.
  - An “Offer”isa general term for an offer in various forms, a pro forma invoice, or any other form of proposal to enter into a contract that the Company presents to a party.
  - A “contract”isa written agreement concluded between the Company and the customer. An offer or pro forma invoice sent by the Company to the customer and accepted or confirmed by the customer is also considered a concluded contract. These General Terms and Conditions are an integral part of every contract.
  - The subject matterof the contractis the merchandise listed in the Company’s sales catalog.
6. With regard to notifying the customer of delivery, the conclusion, termination, or amendment of the contract, and all other information, the theory of dispatch applies. This means that the date on which the Company sends the notification via a communication medium is considered the date of notification to the customer.
7. All notifications to customers regarding the delivery of the subject matter of the contract, the conclusion or termination of the contract, and other information are sent by the Company via email to the address provided by the customer. The Company may also provide notifications via regular mail, telephone, or any other method agreed upon with the customer.
8. The Company undertakes to provide the following information on its website at all times:
  - company identification details (company name, registered office, registration and tax ID numbers, registration details including the relevant registry and registration number),
  - contact information (email address, phone number),
  - information on the basic characteristics of products and services (including information on after-sales services and warranties),
  - information on product availability,
  - delivery terms (method, location, and date of delivery),
  - clearly stated prices, including details on additional tax and shipping costs,
  - payment and delivery methods,
  - the validity period of the offer,
  - terms and deadlines for withdrawing from the contract,
  - information regarding liability for material defects, and
  - information regarding the complaint procedure.
9. The Company undertakes not to impose any contractual terms that would be unfair to the consumer, in accordance with the provisions of the Consumer Protection Act. Unfair contractual terms are void.
10. The Company’s business hours are: Monday–Friday: 9 a.m. to 7 p.m.; Saturday: 9 a.m. to 1 p.m.; closed on Sundays and holidays.
Application of the General Terms and Conditions
1. These General Terms and Conditions take precedence; therefore, they fully supersede any missing, differing, or conflicting contractual provisions between the Company and the customer.
2. These General Terms and Conditions supersede any general terms and conditions and other documents of the Customer, unless the Company expressly excludes the application of these General Terms and Conditions in writing.
3. These General Terms and Conditions constitute an integral part of the contracts concluded between the client and the Company. By signing the contract or otherwise entering into a contractual relationship, the client fully agrees to the content of these General Terms and Conditions. The client hereby expressly acknowledges that the Company’s General Terms and Conditions apply exclusively to all mutual legal relationships. If the client wishes to conduct business with the Company and enter into contractual relationships with it, the client is obligated to accept these General Terms and Conditions in their entirety and in their current form. The party waives any right to influence the content, form, or individual contractual provisions of the General Terms and Conditions.
4. These General Terms and Conditions apply in addition to general statutory provisions as a separate, special legal act.
5. These General Terms and Conditions are available at the following web link:https://rifuzl.si/pravne-strani/splosni-pogoji-poslovanja-spletna-trgovina/. The General Terms and Conditions may also be reviewed at the Company’s business address.
6. By signing a contract or other legal document, the party is deemed to be fully familiar with the content of these General Terms and Conditions. Placing a valid order in the Company’s online store is also considered equivalent to signing a contract.
7. These General Terms and Conditions are binding on the consumer only if the consumer was expressly notified of their existence prior to the conclusion of the contract, pro forma invoice, preliminary contract, or offer. The consumer must be made aware of all options for reviewing the General Terms and Conditions in their entirety, in a clear and accessible manner.
Changes to the General Terms and Conditions
1. The company undertakes to publish any changes to the general terms and conditions on the websitehttps://rifuzl.si/,along withthe effective date of the change.
2. The General Terms and Conditions are binding in the form and with the content that was available to the parties on the date the contract was concluded.
3. In the event of any changes to the General Terms and Conditions, such changes become binding on the customer on the date the customer is notified of them.
4. The party is deemed to have been notified of the changes upon their publication on the websitehttps://rifuzl.si/andupon receipt of a notice of the change. The customer is thereby deemed to have agreed to the amendment to the General Terms and Conditions.
5. If the customer declares that they do not agree to the amended terms and conditions, the Company has the right to terminate the contract.
6. In the event that any provision of the contract or the General Terms and Conditions is invalid or unenforceable, or if a legal loophole arises, this shall not affect the remaining provisions of the contract or the General Terms and Conditions, and the contracting parties agree that the provision that most closely reflects the intent or purpose of the contract shall apply in place of the invalid, unenforceable, or non-existent provision.
Conflict of Legal Provisions
1. In the event that these General Terms and Conditions conflict with other General Terms and Conditions of the Company, the provision that is more specific to the particular case shall apply.
2. The Company and the customer may exclude the application of individual provisions of these General Terms and Conditions if such provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.
3. To the extent that these General Terms and Conditions conflict with consumer protection regulations, the relevant consumer protection laws shall apply in that respect.
General Provisions
1. The Client is obligated to notify the Company of all information and facts relevant to the establishment and continuation of the legal business relationship, with particular emphasis on information regarding a change in the Client’s place of residence or registered office, changes in the Party’s ownership structure, changes in the Party’s legal form, the occurrence of circumstances indicating the Client’s insolvency (inability to pay), regardless of whether the legal conditions for initiating bankruptcy or compulsory settlement have been met, and other information, events and circumstances that may affect the legal business relationship between the Company and the client.
2. The Company collects certain personal data from clients. The types of personal data, the purposes of their processing, and the legal basis for processing are governed by the Privacy Policy, which is an integral part of the General Terms and Conditions. Customers may review the Privacy Policy on the Company’s websiteathttps://rifuzl.si/pravne-strani/politika-zasebnosti/.
3. The Company strives to ensure that the information and data provided through the online store are up to date. Advertisements and product descriptions in the Company’s online store may contain minor discrepancies regarding the actual characteristics of the product, which are not binding on the Company. However, the Company is bound by all statements regarding the characteristics of the goods included in a specific offer or contract.
4. The Company reserves the right to change the specifications or information referred to in the preceding paragraph without prior notice to the customer; such specifications and information are binding only if specified in the contract.
5. In its dealings with consumers, the company is bound by the statements in its advertisements regarding prices, product characteristics, and warranty terms. Prices in advertisements are listed in euros and include VAT.
Prices
1. Prices displayed on the Company’s website are subject to change without prior notice.
2. In transactions with consumers, the prices listed in the Company’s price list include VAT.
3. Prior to concluding a contract or before an offer becomes binding on the customer, the Company will provide the customer with the final price, which will include VAT.
4. If, due to the nature of the goods or services, the final price cannot be calculated in advance, the Company will inform the customer of the method used to calculate the final price.
5. In the case of a contract for an indefinite term, the final price provided by the Company to the customer will include the total costs for each billing period.
6. Prices are binding from the moment the Company sends the customer an email confirming the order. If the price information is incorrect or if prices change during order processing, the customer has the right to withdraw from the contract.
  The prices listed at the time the product is added to the shopping cart apply, but no longer than 15 days, which is also the maximum time from adding the product to the cart to order confirmation (hereinafter: “reserved price”). The seller reserves the right to shorten the reserved price period at its discretion in cases of special promotional offers, the introduction of new products, or promotional campaigns, which it will specify in the promotional price for each individual product. Before the reserved price period expires, the online store system automatically sends a message to the registered user’s e-mail address or cell phone numberemail address or cell phone number an automatic notification regarding the imminent expiration of the reserved price for a specific product that the user has added to their shopping cart.
7. The contract between the Company and the customer is stored electronically in a database and saved on the Company’s server after the order is successfully placed and confirmed. The contract is available to the customer upon written request.
8. In the case of product delivery, standard packaging is included in the product price; while the Company charges separately for additional shipping packaging and freight costs at the rate specified in the Company’s price list or at a rate agreed upon between the Company and the customer.
Payment Methods
1. The Company accepts payment for products and services in the following ways:
  - payment via UPN form to the Company’s bank account,
  - payment by debit or credit card (MasterCard, Visa, American Express).
2. The security of personal data and payments is the responsibility of the payment service providers. For all other matters, the Company uses appropriate technical and organizational measures to ensure the security and confidentiality of personal data and payment information.
Invoicing
1. The Company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the email address provided by the customer when placing the order on the Company’s website. At the customer’s request, as noted in the comments section when placing the order, the Company will include a printed copy of the invoice with the ordered products.
2. It is the customer’s responsibility to review all order details and specifications before the order is processed. Any objections regarding inaccuracies in issued invoices raised at a later date will not be considered.
Ownership
1. All records, documents, technical documentation, and other documentation related to the subject matter of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued written permission to use such material. In the event that the Company grants consent to use this documentation, the party undertakes to use the aforementioned documentation exclusively for the agreed-upon purposes; reproduction, distribution, modification, public display, and performance, as well as other forms of exploitation, are prohibited without the Company’s written consent. The party agrees and is expressly aware that the aforementioned documentation constitutes a trade secret of the Company.
2. Unless otherwise agreed in the contract between the Company and the Party, the Company retains ownership, copyright, and related rights to all documents that are necessary or provided in connection with the conclusion and/or performance of the contract.
Trade Secret
1. Contracts concluded between the Company and the client are trade secrets. Likewise, all information provided by the Company to the Client prior to the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc., constitutes a trade secret. The client undertakes to maintain the Company’s trade secrets for the entire duration of the contractual relationship.
2. Information whose disclosure could cause significant harm to the Company must be kept confidential by the client for an additional 5 years after the termination of the contractual relationship. In the event of a breach of a trade secret, the client is liable for damages and subject to criminal penalties. The contracting parties may agree in the contract on exceptions to these provisions.
Limitation of Liability
1. The Company strives to ensure the accuracy of the information published in the online store. Product specifications, delivery times, or prices may change so quickly that the Company is unable to update the information in the online store. In such cases, the Company will notify the customer of the changes and allow the customer to cancel the order or exchange the ordered goods.
2. Photographs do not guarantee the characteristics of the goods. The Company strives to provide accurate photographs of the products for sale; however, all photographs should be considered illustrative.
3. The Company reserves the right to temporarily suspend access to the website in the event of technical difficulties or maintenance work. In the event of technical difficulties, the Company reserves the right to cancel all orders placed during the period in which the technical difficulties occurred. In such cases, the Company will immediately notify the customer of the technical difficulties and provide instructions regarding further procedures. Before visiting the Company’s website, the customer must, at their own risk, ensure the security of their technical devices used to access the website and the security of their usernames and passwords on the website.
4. The Company reserves the right, in exceptional cases, to cancel an order if the ordered products are no longer available, if an increased payment risk on the part of the customer is identified, or if there is an obvious error in the price list. In all such and similar cases, the customer will be immediately notified of any withdrawal from the contract by the Company.
5. The Company reserves the right to terminate the contract if a fundamental error is identified in accordance with Article 46 of the Obligations Code. A material mistake is defined as a mistake regarding the essential characteristics of the goods and any mistakes that are considered material according to commercial practice or the intent of the parties, and which, had the Company been aware of them, would have prevented it from entering into the contract. This also includes obvious errors in price.
Handling of Complaints and Dispute Resolution
1. The laws of the Republic of Slovenia shall apply exclusively to the interpretation of these terms and conditions of sale or contracts concluded between the Company and the customer. The contracting parties undertake to resolve all disputes amicably; and if all out-of-court avenues for reaching an agreement have been exhausted, the local court with jurisdiction in the Republic of Slovenia, based on the Company’s registered office, shall have jurisdiction to resolve the dispute.
2. In accordance with the law, the Company does not recognize any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute which a consumer could initiate in accordance with the Act on Out-of-Court Resolution of Consumer Disputes.
3. A provider who, as a seller of goods and services, operates an online store within the territory of the Republic of Slovenia, publishes an electronic link on its website to the online consumer dispute resolution platform (SRPS). The platform is available to consumers at the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
  This provision is based on the Act on Out-of-Court Resolution of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online resolution of consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.
4. The company complies with applicable consumer protection laws. The company ensures an effective and confidential system for handling complaints. Complaints must be sent to the email address trgovina.siska@rifuzl.si.
5. The Company will acknowledge receipt of the complaint within 5 business days of receiving it and inform the customer of the course and duration of the complaint procedure.
Termination of the Contract by the Company
1. In the event of a breach of the provisions of the contract or these General Terms and Conditions by the customer, the Company has the right to terminate the contract without further notice to the customer. In such a case, the Company shall refund any amounts paid to the customer’s transaction account.
2. The Company also has the right to terminate the contract if a party that is not a consumer becomes insolvent or unable to pay, or if funds in the business account have been frozen for more than 15 days, or if compulsory settlement or bankruptcy proceedings have been initiated or merely proposed.
3. The Company has the right to terminate the contract if the customer fails to fulfill its obligations, if the customer provides the Company with false information that hinders or prevents the fulfillment of the contract, and if the customer fails to pay its obligations in accordance with the contract and these General Terms and Conditions.

ONLINE SALE OF PRODUCTS

User Registration
1. Customers may purchase products online without registering. Customers may also create a user account with a password at the same time they place an order. The username is the same as the email address the user provided during the ordering process.
Order Placement Process
1. In the “Store” section of the website, the user can click the “Add to Cart” option. The system then displays a notification confirming that the product has been successfully added to the cart. Once the system records the added item in the shopping cart, the user can click the “View Cart” button to proceed to checkout or continue browsing the store.
2. If the user wishes to remove a specific product or service from the shopping cart, they can do so by clicking the× iconnext tothe selected item. If the user wishes to add new items to the shopping cart, they can do so by clicking the “Rifuzl Online Store” link and repeating the process described in the previous section.
3. After confirming the shopping cart with the selected products, the system redirects the user to a form containing the buyer’s or customer’s information. To complete the order, the user must correctly fill out all fields. The system allows the user to save the information from the form in their user profile for future orders.
4. The user may choose from the payment methods listed above.
5. The user may specify that they wish to pick up the order at the Company’s business address, or they may choose delivery via the Pošta Slovenije or DPD delivery services.
6. Before submitting the order, the user can review and, if necessary, correct all order-related information entered, which the system displays after the successful confirmation of all previous steps in the process. The user confirms the order by clicking the “COMPLETE PURCHASE” button, thereby committing to fulfill the contract and confirming their obligation to pay. If the order is successfully submitted, the system displays an order number.
7. The sales contract (order) is stored in electronic form on the Company’s server, and the customer may obtain a copy by sending a request via email to: trgovina.siska@rifuzl.si.
8. After successfully placing an order, the user receives a confirmation of receipt and order confirmation at their email address.
9. A registered user may access information regarding the contract terms and the order status at any time through their user profile.
10. In order to verify the user’s information and the accuracy of the order, the Company may contact the user at their phone number.
Delivery Terms
1. For orders, the cost of shipping and delivery is 4.90 EUR. If the ordered item is picked up at the company’s headquarters or if the product is ordered in electronic form, there are no shipping and delivery costs.
2. In the case of cash-on-delivery payment via Pošta Slovenije, the Customer also pays Pošta Slovenije’s commission. The commission amount for orders up to 98.00 EUR is 1.05 EUR; for orders between 98.00 EUR and 501.00 EUR, the commission is 1.07% of the order value, and for orders exceeding 501.00 EUR, the commission is 5.36 EUR.
3. Delivery is available only within Slovenia.
4. Goods ordered on a business day by 11:00 a.m. will be shipped no later than the following day, provided that a credit card was used as the payment method. If payment is made by pro forma invoice or bank transfer, the goods will be shipped upon receipt of the funds in the Company’s bank account. Goods ordered on a non-working day or a holiday will be shipped on the next business day. Products for which a longer delivery time is explicitly stated on the website will be delivered within that timeframe.
5. In the event that the Company is unable to ship the goods within the promised timeframe due to unforeseeable circumstances, it will notify the customer of the new delivery date using the contact information provided.
6. Under no circumstances shall the Company be liable for failure to deliver goods due to reasons beyond its control. The Company will make every effort to ensure that the goods are delivered as quickly as possible and that the customer is kept informed on an ongoing and regular basis of any delivery delays on the part of the supplier.
7. In the event that the customer does not receive the ordered goods within the agreed timeframe, the customer must request that the Company fulfill its obligations and set an additional deadline for fulfillment. If the Company fails to make the delivery or fulfill its obligations even within the additional deadline, the customer may withdraw from the contract and request a refund of any amounts already paid for the purchase of the goods.
8. The Company shall not be liable for any delay or failure to deliver the goods in the event of war, riots, demonstrations, government interventions, fire, floods, and other natural disasters, import or export embargoes, or any other similar reasons or reasons of force majeure beyond the Company’s control.
9. In the event of any of the aforementioned causes of delay, the delivery period shall be suspended for the duration of the impact of the circumstances mentioned in the preceding paragraph; upon cessation of such circumstances, the deadlines shall resume.
Acceptance of Goods
1. The subject matter of the contract must be fulfilled at the location specified in the contract or the offer. If the place of performance is not specified in the contract or the offer, the Company and the customer may agree on it at a later date.
2. The customer is obligated to take delivery of the subject matter of the contract no later than 14 days after receiving a written request from the Company, in accordance with the preceding provisions regarding the place of delivery/performance.
3. In the event of delivery of goods via partner delivery services, the customer is obligated to accept the goods in accordance with the delivery service’s terms and conditions.
Consumer Rights and Obligations – The Consumer’s Right to Withdraw from the Contract
1. In accordance with the Consumer Protection Act, the consumer has the right to notify the Company within 14 days of receiving the goods that they are withdrawing from the contract, without having to state a reason for their decision. The period begins one day after the date of receipt of the goods.
2. The consumer shall notify the seller of their withdrawal from the contract by email at trgovina.siska@rifuzl.si or by any other means provided through the Company’s other contact information, or by using the form attached to these General Terms and Conditions. The consumer must state their intention to withdraw from the contract clearly and unambiguously. If the consumer chooses to use the withdrawal form, the Company will immediately send the consumer an acknowledgment of receipt of such withdrawal form via email on a durable medium.
3. In the event of withdrawal from the contract, the consumer must either return the received goods or send them to the Company’s address at Celovška cesta 111, Ljubljana. The buyer must return the goods to the Company no later than 14 days after notifying the Company of the cancellation of the order.
4. The consumer is liable only for any decrease in the value of the goods if such decrease results from handling that is not strictly necessary to ascertain the nature, characteristics, and functioning of the goods.
5. If the consumer withdraws from the contract, the Company shall, without undue delay, refund the payments received using the same payment method as was used for the original transaction, unless the consumer has expressly requested the use of a different payment method and this does not entail any additional costs for the Company.
6. The consumer must include their personal information (full name and contact information) with the notice of withdrawal. The Company will refund the purchase price and all other payments no later than 14 days after receiving the notice of withdrawal, however, the Company may withhold the refund until it receives the returned goods or until the consumer provides proof that the goods have actually been shipped.
7. The only cost borne by the consumer in connection with the withdrawal from the contract is the cost of returning the goods.
8. The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43.č of the Consumer Protection Act, for contracts:
  - goods that are manufactured according to the consumer’s precise instructions and tailored to the consumer’s personal needs;
  - goods that are perishable or have a short shelf life;
9. If a coupon was used to pay for the order (or for part of the order’s value), the consumer will be refunded a coupon of the same value as the original coupon at the time the order was placed in the event of withdrawal from the contract.
10. If a promotional discount code was used when placing the order, the consumer will be refunded the discount in the form of a new promotional code in the event of withdrawal from the contract.
Liability for Material and Legal Defects
1. The company is liable for material defects that the goods had at the time the risk of accidental destruction or damage passed to the customer. As a rule, this moment occurs upon receipt of the goods.
2. A defect is material:
  - if the item lacks the characteristics necessary for its normal use or for sale;
  - if the item lacks the characteristics necessary for the specific use for which the buyer is purchasing it, which was known to the seller or should have been known to the seller;
  - if the item lacks the characteristics and qualities that were expressly or implicitly agreed upon or prescribed;
  - if the seller has delivered an item that does not conform to a sample or model, unless the sample or model was shown for informational purposes only.
3. The party is obligated to inspect the subject matter of the contract without delay or as soon as possible, identify any defects, and document them. Otherwise, the Company will not take into account material defects that are not hidden and were known or should have been known at the time of inspection of the subject matter of the contract.
4. The customer is obligated to notify the Company of obvious material defects immediately or no later than eight days after the required inspection, and of hidden material defects immediately or no later than eight days after their discovery; otherwise, the Customer is not entitled to have the material defect remedied.
5. The consumer is obligated to notify the Company of a material defect within two months from the date the defect was discovered.
6. The Company is liable for material defects that become apparent within six months of delivery of the goods, and in the case of consumer contracts, within two years from the date of delivery of the goods or within one year from delivery in the case of the sale of used goods. The Company warrants that no third party holds any ownership, copyright, or industrial property rights to the subject matter of the contract that would exclude, reduce, or restrict the party’s rights, or guarantees that it has settled these rights with its contractual partners.
7. Upon notifying the Company of a material defect, the Consumer must allow the Company to inspect the goods and describe the defect in greater detail in the notice of the material defect.
8. The Company does not take minor material defects into account.
9. If the Company determines the existence of a material defect based on a timely and proper notification from the consumer, the consumer has the right, with respect to the goods, to request that the Company:
  - rectification of the defect or
  - a refund of a portion of the amount paid in proportion to the defect, or
  - replacement of the defective goods with new, defect-free goods, or
  - a refund of the amount paid.
10. In any case, the consumer also has the right to demand compensation from the seller, in particular reimbursement of the costs of materials, replacement parts, labor, transfer, and transportation of products incurred as a result of fulfilling the obligations set forth in the preceding paragraph.