General terms and conditions

Web site and store www.mojakista.si is an online shop, which acts in accordance with consumer protection law and GDPR guidelines. The general terms and conditions address the operation of the online store, the rights of the user and the business relationship between the owner of the online store and the consumer.

Online store manager general information:

Marsan d.o.o.
Mlinska pot 6

3330 Mozirje

 

Tax (VAT) number: SI 40601765
Registration number: 3300544000

 

IBAN SI56 0237 4025 7099 060 NLB
IBAN SI56 0311 7100 0274 810 SKB

1. General conditions:
They are valid on all pages of the online store and take effect as soon as you enter the store. We reserve the right to change the terms of business conditions without notice. Changes are effective from the moment of publication. There may be a text error when entering data and prices, which does not oblige the online provider to fulfill the order. The photo and actual appearance of the items may differ. By confirming the order, each buyer agrees to the terms of business conditions and use.

2. Delivery times:
Delivery time for items in stock is usually 3-5 days.
If the delivery time is exceptionally longer, we will notify you within 24 hours. For out-of-stock or custom-made products, the delivery time is longer and lasts 14 to 21 days, exceptionally even more. We suggest, you contact us at info@mojakista.si when ordering out-of-stock products and we will be happy to let you know, when the desired products will be available.

3. Purchase:
The order/purchase is concluded in Slovenian language and is binding on the buyer and the seller. Ordering is done through the online store, open 24 hours a day, all days of the year. After placing the order, the buyer receives an email verification that the order has been accepted. It lists the products and quantities selected by the buyer. Accepted orders are treated as irrevocable and will be derived. In case you wish to withdraw from the order, please inform us within 6 hours after placing the order by e-mail at info@mojakista.si. We reserve the rights to withdraw from the execution of the order in the event that the ordered products are out of stock or there was a technical or other error when entering the stock. A partial or total cancellation of an order may also occur if there is a manifest error in the price list or the order has not been fulfilled in accordance with the general conditions. In case the buyer has already paid by the pro forma invoice, the purchase price, including shipping costs, will be paid back the next business day.

4. Ordering process:
4.1. All standard products can be purchased at the online store (www.mojakista.si) by selecting the product, entering the desired quantity, selecting the payment method and confirming the purchase.

4.2. For all custom made products, according to your requirements and wishes, you can contact us at info@mojakista.si or marsandoo@gmail.com or use the message form on our website. Based on your desired dimensions, we will prepare a pro forma invoice and provide you with a delivery date. All orders according to your requirements are paid in advance. Big Moja kišta products (custom made) will be delivered to your address in Slovenia, free of charge.

5. Delivery:
5.1. We ship all products through Eurosender.com, which is an online reservation system for courier services. Your chosen product is picked up by the courier service the next business day after the order has been placed and paid, which is then delivered to your address in accordance with the terms and conditions of the business. All delivery times are indicative and not guaranteed. By accepting these general terms and conditions, the customer acknowledges and agrees that they are aware that any unforeseen circumstances may delay pickup delivery or product delivery.

5.2. All ordered/paid custom made Moja kišta products (of larger dimensions) are delivered to your address in Slovenia free of charge, with a trailer.

5.3. By prior arrangement, a personal pickup is also possible at the location of our warehouse, Marsan d.o.o., Mlinska pot 6, 3330 Mozirje. In this case, you avoid all shipping costs.

5.4. In the event of non-acceptance or rejection of the delivered shipment without explanation, Marsan d.o.o. charges the customer for the shipping costs. The contract of sale or order purchase is stored electronically on the website server or in writing (more in GDPR section). If the package is not taken over within eight days from the date of shipment, the company reserves the right to ask the buyer by phone or in writing to pick up the package.

6. Prices:
The prices of products in the online store are listed in Euro (€). The price already includes VAT (22%).

7.Payment methods:

Marsan d.o.o. offers the following payment methods for its products in its online store:

7.1. Payment with Universal Payment Order (UPO)
If the customer chooses payment by universal payment order, the order will not be confirmed immediately. Marsan d.o.o. (Moja kišta) will send an email to the customer with instructions for making the payment, including bank name, bank account number, amount to be deposited, etc. The product will be shipped when Marsan d.o.o. receives a confirmation of the successful bank transaction of the entire order amount. All costs incurred in the transaction of funds shall be covered exclusively by the client. If the amount credited to Marsan d.o.o. is smaller than it should be, the products will not be shipped.

7.2. Payment via PayPal
If a customer chooses a form of payment via PayPal, they are redirected to PayPal’s website before confirming the order, where they must log in with their username and password, or create an account, if they do not already have one. Once payment is successfully completed on PayPal’s online platform, the customer is redirected back to our website where they can confirm the payment and order. The customer who has chosen PayPal to pay for the product has the responsibility that the PayPal account is active and has sufficient funds to successfully complete the transaction. Any additional costs incurred in the event of a transaction being rejected will be covered solely by the customer.

8. Contract of sale:
The general terms and conditions are part of the contract of sale. A customer who purchases a product from an online store receives an invoice in electronic form. The contract of sale in the form of a purchase order is stored electronically on the provider’s server. The contract of sale between the provider and the buyer is concluded at the moment the provider confirms the order (the buyer receives an email confirming that the order has been confirmed). From that moment on, all prices and other conditions are fixed and apply to both the provider and the buyer. For the purpose of concluding the distant contract of sale, the customer shall identify itself in the data form provided to them when ordering the product. The customer’s identification information is considered correct and true. In the award procedure, the customer is informed that they agree with the contract, the payment and the object of purchase, which are essential components of the contract of sale. According to the obligations code, the contract is concluded and valid when the parties agree on the essential elements of the contract. If the ordered goods are rejected or have not been picked up, the cost of postage and return are covered by the customer.

9. Return of goods and reclamations:
In accordance with the provisions of 43.al. of the consumer protection act (AlCPA), the consumer has the right to inform the company within fourteen (14) days from receipt of the goods that he/she withdraws from the contract without having to give a reason for his/her decision.

The buyer must notify the seller in writing of the intended return, to Marsan doo, Mlinska pot 6, 3330 Mozirje or by e-mail to info@mojakista.si and return the goods within 5 days. Return shipment of returned goods to the headquarters of Marsan d.o.o., Mlinska cesta 6, 3330 Mozirje must be submitted as a RECOMMENDED shipment within 5 days of the intended return of the product. The only cost to the consumer in connection with the cancellation of the contract is the direct cost of returning the goods.

Products must be unused, undamaged and in original packaging with all documentation and invoice attached. Marsan d.o.o. are under no obligation to accept ransomware or consignments that do not meet their general business conditions. In case of a justified complaint, the buyer has the opportunity to exchange the product for the same or similar product, to exchange it for any other of the offer, or to decide for us to pay the purchase price and transfer it to their bank account.

The consumer does not have the right to withdraw from the contract when purchasing a product that has been manufactured according to the consumer’s instructions or a product tailored to his personal needs.

10. Warranty:
Products are warranted if stated on the warranty card or invoice. The warranty is valid according to the instructions on the warranty card and when submitting the invoice. Warranty periods are indicated on the warranty card or invoice. If the warranty information is not available, the product is not warranted or the information is unknown at this time. In the latter case, the buyer may contact the provider who will provide up-to-date information. In case of warranty claim, please contact us by e-mail: info@mojakista.si

11. Conflict solving:

As regards to potential disputes, both sides are in favor of amicable settlement of disputes. If no mutual agreement can be reached, the competent court in Ljubljana has the jurisdiction. Marsan d.o.o. is aware that an essential feature of a consumer dispute, at least as far as litigation is concerned, is its disproportionate value to the economic value of the claim and the costs involved in resolving the dispute itself. This is also a major obstacle to the consumer from bringing a dispute to court. That’s why Marsan d.o.o. shall use his best endeavors to resolve any disputes by mutual agreement.

12. Out-of-court settlement of consumer disputes:
In accordance with statutory norms, we do not recognize any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a consumer could initiate under the Out-of-Court Consumer Disputes Act. Marsan d.o.o., which as a provider of goods facilitates online commerce in Slovenia, publishes an electronic link to the online consumer dispute resolution platform (OCDRP) on its website. The platform is available to consumers by clicking on this link. The said arrangement derives from the Consumer Dispute Settlement Act, Regulation (EU) no. 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (ES) No. 2016/2004 and Directive 2009/22/ES.

13. Data Protection (GDPR):
The personal information of our customers is one of the areas to which we pay full attention and care. We do not forward any information of our customers and are intended solely for the execution of the order, notification of the order status, invoicing and accounting. We operate according to the GDPR (General Data Protection Regulation) guidelines and in accordance with the Consumer Protection Act. The buyer may at any time request the data holder to cease using his personal data for the aforementioned purposes. He may at any time make such a request to info@mojakista.si and indicate in detail which consents he wishes to withdraw.

14. Cookies:
Cookies are text files that the server loads onto your computer. Cookies do not contain any information about the customer’s identity. With the help of cookies, the server knows that you have come back to the site, which can be used to personalize it for every user. Most browsers automatically accept cookies. If you do not want to receive or want to be notified before cookies load onto your computer, you must adjust your browser settings accordingly.