General Terms and Conditions of Online Store ˝www.MTOOL-SHOP.si˝
The mtool-shop.com online store (hereinafter referred to as “the store”) is operated by MTOOL D.O.O., identification number: 7038127000, tax number: SI 45104158, address: Holcerjeva 45, 2204 Miklavž na Dravskem Polju, which is also an e-commerce service provider.
The General Terms and Conditions determine the operation of the mtool-shop.com online store and the rights and obligations of the user and the shop and regulate the business relationship between MTOOL D.O.O. and the customer.
All content in the online store is the property of the provider and is copyrighted by the Copyright and Related Rights Act, therefore it is strictly forbidden to copy, multiply or otherwise reproduce it for commercial purposes without the written consent of the provider. The content may be used for non-commercial purposes, but the copyright of the provider and the full URL of the original content in the online store must be indicated.
The buyer is bound by the general terms and conditions effective at the time of the purchase (submission of the online order). At the time of submitting the order, the user is at all times aware of the general terms and conditions of business which he / she confirms by submitting the order.
Information about the provider:
Name: MTOOL, tool sales, service and other services, d.o.o.
Headquarters: Holcerjeva 45, 2204 Miklavž na Dravskem polju
Legal representative: Marko Miljančić
District Court: Maribor
Registration number in the court register: 2016/12358
Amount of share capital: € 7,500.00
Phone Number: 031 316 892
Online shop: www.mtool-shop.com
Tax number: SI 45104158
Registration number: 7038127000
Bank: ABANKA d.d.
Transaction account: IBAN SI56 0510 0801 4687 538
VAT taxable person: Yes
Legally organizational form: Limited Liability Company (d.o.o.)
Business Units: /
The manager of this online store uses appropriate technological and software tools to protect the transfer and storage of personal information and payments. This shop is protected by the SSL certificate. The Secure Sockets Layer (SSL) is a cryptographic protocol that enables secure communication on the Internet, such as when browsing the Internet and during email communications, where there is a need to transmit confidential information (e.g. personal information and credit card numbers).
At mtool-shop.com, the provider enables the following payments:
- Pro forma invoice to the seller’s transaction account,
- Via Stripe payment or card payments.
You can pay for the goods by pro forma invoice to the provider’s / seller’s transaction account.
Advance payment for items is only possible by prior arrangement. Advance payment made without prior arrangement will not be a condition for the purchase.
- Paypal remittance,
- Cash payment after the receipt of the package via GLS (but only in Slovenia).
AVAILABILITY OF INFORMATION
The provider commits to always provide the following information to the user:
- a) the company’s identification information (name and headquarters of the business, register number),
- b) the contact information that enables the user quick and effective communication (e-mail, telephone),
- c) the essential characteristics of the provided goods or services (including after-sales services and warranties),
- d) the availability of products (each product or service that is on offer on the site should be accessible within a reasonable time),
- e) the terms of delivery of the product or service (method, place and time of delivery),
- f) all prices must be clearly and unambiguously specified and must show whether they already include taxes and transport costs,
- g) the method of payment and delivery,
- h) the validity of the offer,
(i) the period within which the contract and the conditions can still be withdrawn; in addition, if and how much it costs the buyer to withdraw from the contract,
- j) an explanation of the appeal process, which includes full information about the contact person or the customer relation office.
All product prices are in Euros (€), include 22% VAT and are valid at the time of the order and are not predefined. We reserve the right to change prices without prior notice. In the event that the stated sale price in the online store is lower than the actual price of the item, the provider must immediately inform the user thereof and alert him to the actual price. In order to achieve mutual satisfaction in this case, we allow the user to cancel the purchase or replace the item ordered.
The contract of sale between the provider and the user is concluded at the moment when the user confirms the order by clicking the Buy button and the user receives an email with the contents of the order. From that moment on, all prices and other conditions are fixed. We reserve the right, exceptionally or partially, to cancel the order in the event that the ordered products run out, cannot be delivered within a reasonable time, or if the online price is lower than the actual price.
Regular prices are prices either formulated by the provider or set by the supplier. The published regular item prices do not include shipping or shipping costs. All special offers or discount offers published on the online store are valid within their time limit or until the sale of the stock during this period. The user has the opportunity to use special promotional codes that affect the price and must be entered when the user is in the Shopping Cart and before clicking on the Cash-register button.
The prices apply in the case of payment by the payment methods and under the conditions mentioned above. Despite the extraordinary effort to provide the most up-to-date and accurate data, it may be that the price information is incorrect. In this case, or in the event that the price of an item changes during the processing of the order, the provider will notify the buyer of the changes and allow the buyer to cancel the purchase, and at the same time offer the buyer a solution that provides mutual satisfaction.
The order can be made through the official website of mtool-shop.com, using a pre-prepared form. If you change your mind, please let us know by 11 am on the day of placing the order, or in case the order is placed after 12 pm, a timely withdrawal from the order is considered to be by 11 am on the next business day. All order information is stored with MTOOL D.O.O. in accordance with the law. The buyer can access the contract in advance by e-mail. The consumer may change the quantity, add or remove the product, or correct his errors until the order is confirmed.
Registration on the website is optional; you can also place your order as a guest. The buyer simply fills out the order form with his details. By pressing “CART,” you can choose any number of items from our wide selection. If desired, the user can at any time correct the quantity or remove a specific product and click the button forward, then determine the payment method and enter the delivery information. You can also add a comment as needed. All you have to do from here on is click on the confirm button to complete your order. After the order has been placed, the buyer receives an email about the order received. The contract for the purchase of the ordered items between the buyer and the provider is irrevocably concluded at this stage. The user is responsible for entering the correct information.
The contract award information is stored in an online store system for all users. Registered users can view all their orders after logging into the online store with a username and a password. You can place your order by phone, e-mail or the Internet through the online store, as well as add revisions or add-ons to your order.
The user can cancel the order within 2 hours after placing the order by e-mail or phone, and the cancellation is limited in time, as described in detail in the section GOODS ORDER. Please provide the required information in the content of the message: the order number, the first and last name of the buyer.
Additional notes on the purchase and use of all products.
Each product must be tested safely before use. If you are not completely sure how to test the product or you are not sure that the product is safe to use and can do property damage or damage to human health, please do not use the product, inform the seller and return the product. You use all products at your own discretion and AT YOUR OWN RISK.
We strive for a detailed and accurate description of products and images. However, we cannot guarantee that all product information provided and their images are completely accurate.
SUPPLY OF GOODS
Delivery is performed via contract partners, with Pošta Slovenije and GLS in Slovenia, and in the EU only with GLS Postal Service. Personal acceptance at the headquarters is not possible (postal delivery only).
In the online store, you have the option to choose a shipping address that is different from your payment address. This allows the user to order the goods to the address where he can be reached in the morning, as delivery is usually done in the morning. The user can also use this option when he wants to send products to another person but wants to make the payment himself. In the latter case, we allow the use of the prepayment option.
Within Slovenia, you will receive the ordered items with the delivery service selected by the provider. If there are shipping costs, they are already indicated on the order invoice received in the confirmation electronic report in the Postage box and the user does not incur any additional costs for this. For delivery outside Slovenia, the postage is calculated according to the valid pricelist of the delivery service. We reserve the right to change the delivery service and also to change the delivery price list.
When the goods are in stock, the provider shall ship them within the shortest possible time, mostly the following day and not later than three (3) to five (5) working days from the receipt of the goods order. In addition to the goods, the buyer also receives an invoice. All orders received on Friday, Saturday or Sunday are considered to be shipped no later than the next business day.
If an item is not in stock, it says next to the item “Product is available”. In this case, the product is available within five (5) to twenty-one (21) days, depending on the location of the supplier. In exceptional cases, when the goods will not be available within the prescribed time limit, the buyer will be notified by email or telephone.
The provider is not responsible for the delays by the delivery service.
At the moment when the provider delivers the ordered goods to the delivery service, the provider assumes no responsibility for the loss of the shipment or its damage during delivery. The provider also assumes no liability for loss or damage to the shipment during the return of the product by the delivery service.
If the buyer has withdrawn from the order or contract in accordance with the conditions for withdrawal, the seller is obliged to return the paid purchase price via the transaction account within 14 days after the receipt of the items. We do not make cash refunds. In the case of sales contracts, the store may refrain from refunding the received payments until the product is returned or until the buyer has provided evidence that the product has been sent back unless the store offers the opportunity to get the product back itself.
Products are warranted if so stated on the warranty card or on the invoice. The warranty is valid when the instructions on the warranty card are taken into account and when an invoice is submitted. The warranty information is also provided on the product presentation page. If there is no warranty information, the product has no warranty or information is not known at this time. In the latter case, the buyer may contact the seller to provide up-to-date information. The warranty applies only to “hidden” errors that occur without user influence. The warranty does not apply if the seller determines that mechanical damage or contact with liquid has occurred. The product is replaced with a new one in case the service or repair is not possible. The product will be forwarded to an authorized service centre, where the errors will be corrected accordingly.
RIGHT OF WITHDRAWAL FROM CONTRACT
For small traders, the buyer is not entitled under EU law to return the goods (exchange or refund) unless the product is defective. However, we allow you to return or exchange the purchased goods within a certain period of time if you have changed your mind and want another item or have decided on the purchase too quickly and do not really want the product.
In accordance with the Consumer Protection Act (ZVPot), within 14 days of accepting the product, you can notify the seller by contacting us at: firstname.lastname@example.org to notify us that you are withdrawing from the contract or order without giving any reason for your decision, but only if the product is unopened, sealed in its original packaging, which is not damaged and, of course, unused. If you give us your reason for the refund, we will be grateful to you since we strive for our commitment to business and wish to rectify any errors immediately. The only cost that is borne by the buyer in connection with the cancellation of the contract is the direct cost of returning the goods (postage is paid by the buyer). The consumer must return the goods to the seller within 14 days of receiving the ordered goods. We recommend that you notify us by email before returning the goods or call us by phone to arrange the best method of return.
Shipments with cash payment are not accepted.
If the consumer has already received the goods and withdraws from the contract, he shall return them or deliver them to the company or the person authorized by the company to accept the goods immediately or within 14 days of the receipt of the goods, unless the company offers to accept the returned goods itself. A consumer shall be deemed to return the goods in good time if he or she sends them before the expiry of the 14-day return period, if the goods are eligible for return (unused, undamaged, unopened).
The buyer who withdraws from the contract or order must return the goods undamaged in their original packaging and in the same quantity. In the event that it is determined that a physical injury has occurred on the goods and that the quantity does not match, the buyer is obliged to compensate for the damage caused.
The company may withhold the refund of received payments until the goods returned are returned or until the consumer provides proof that the goods have been sent back, unless the company offers the ability to accept the returned goods itself.
CAUTION! The possibility of withdrawal does NOT apply to legal entities.
The return of goods is executed by regular mail to MTOOL d.o.o., Holcerjeva 45, 2204 Miklavž na Dravskem polju. The returned goods must be in the original packaging, unused and undamaged. Returns are valid when the original invoice or a copy thereof and any product certificates are enclosed. When returning a product, the user must indicate their bank or transaction account to which we will pay the purchase price within 14 days of the return of the goods.
The buyer cannot withdraw from the contract in the following cases:
- if the goods are damaged, dirty or if traces of use are visible (physical damage, contact with liquid, visible traces of use, presence),
- if the buyer has ordered an item, which was not in stock or in the seller’s regular offer;
- to the extent that additional equipment, instructions, related software are destroyed, dirty or missing (or the security seal is broken),
- without the warranty card.
The procedure for claiming a material defect is specified in detail in Article 37 ZVPot. The seller must deliver the goods to the consumer in accordance with the contract and is liable for material defects of the performance.
A defect is material when:
– the item does not have the characteristics necessary for its normal use or for its circulation;
– the product does not have the characteristics necessary for the particular use for which the buyer buys it, which the seller was or should have been familiar with;
– the product does not have the characteristics and qualities that were explicitly or tacitly agreed upon or prescribed;
– the seller has delivered a product that does not match the sample or model unless the sample or model was shown only for notification.
The suitability of goods for normal use shall be judged in the light of ordinary goods of the same type and in the light of any seller’s statements concerning the characteristics of the goods made by the seller or manufacturer, in particular by advertising, presenting the product or quoting on the goods themselves.
Liability for material defects shall be governed by the provisions of the law governing obligations unless otherwise provided by this Act.
Consumers may exercise their rights resulting from a material defect on the condition that they notify the seller of the defect within two months of the discovery of the defect.
In the notification of a defect, the consumer shall precisely describe the defect and enable the seller to inspect the product.
The notification of the defect can be communicated to the seller personally by the consumer, at which point the seller must issue a certificate, or it can be sent it to the store where the item was purchased, or to the seller’s agent with whom the seller has contracted.
The seller shall not be liable for material defects that appear more than two years after the item was delivered.
If the contract between the seller and the consumers concerns a used item, the seller shall not be liable for material defects on goods that appear more than one year after the item was delivered.
When a defect appears within six months of the item being delivered, the defect shall be deemed to have existed at the time of delivery.
– Article 37c
– A consumer who has correctly informed the seller of a defect has the right to require from the seller to:
– rectify the defect on the goods or return part of the amount paid in proportion to the defect; or – replace the defective goods with new flawless goods; or – return the amount paid.
– In each case, the consumer has the right to require from the seller to reimburse them for any damage, in particular, to reimburse the costs of the material, spare parts, labour, transfer and transport of products incurred in relation to the fulfilment of obligations referred to in the preceding paragraph.
– The consumer’s rights from the first paragraph shall expire two years from the day the consumer informed the seller of the material defect.
The parties will primarily seek to resolve any disputes by mutual agreement by sending a complaint to the company e-mail address or by telephone and the company will decide about the dispute within three working days. In the event that the parties cannot resolve the dispute by mutual agreement, they may bring proceedings before the court. If no mutual agreement can be reached, the Maribor District Court has jurisdiction to settle the dispute.
We do not acknowledge any contractor for out-of-court consumer dispute resolution.
The provider respects the applicable consumer protection legislation. The provider shall endeavour to fulfil his duty to establish an effective system for handling complaints and to identify the person whom the buyer can contact via the telephone or e-mail if any problem arises.
The complaint procedure is confidential.
The provider uses appropriate technological and organizational means to protect the transfer and storage of personal data, orders and payments. The provider assumes no responsibility and cannot be held liable for any damage to the computer / hardware or other property and any virus entries that could affect user equipment due to website visit, text downloads, images, data. The user is also responsible for the protection of personal data by ensuring the security of his/her username and password and adequate software (antivirus) protection of his/her computer. The user guarantees the accuracy and truthfulness of all the information provided and is liable to the provider for any damage caused by inaccurate and untrue information.
The provider will contact the user via means of distant communication only if the user does not explicitly object to it.
The company’s advertising e-mails will contain the following elements:
- they will be clearly and unambiguously labelled as advertising messages,
- the sender will be clearly visible,
- various discount, promotions and other marketing techniques will be marked as such. Also, the conditions for participation in them will be clearly defined,
- the way to unsubscribe from receiving advertising messages will be clearly presented,
- the user’s wish not to receive advertising messages anymore will be explicitly respected by the provider.
User reviews and comments, as well as product reviews that customers write, are part of the store’s functionality intended for the user community. They are reviewed by the provider before the final publication. The provider will not publish reviews or comments that he deems in any way offensive, obscene or if the provider finds they provide no benefits to other users and visitors.
EXCLUSION OF LIABILITY
The Provider assumes no responsibility for any consequences of the use of the online store and its contents, including any material or non-material damage. It is the responsibility of the user to use the content in the online store to his / her best advantage.
Even though the online store is protected by SSL, there exists the potential for abuse of the online store, which cannot be influenced by the provider. For this reason, the provider disclaims any responsibility for downloading malware that could be installed on the device with which the user is accessing the online store. The provider advises that users be properly educated on the subject against the risk of infection and protect their devices from malicious software download.
Although the provider endeavours to provide accurate and up-to-date information in the online store with the utmost care, there is a possibility that due to the variety of products or rapid changes to the information, the product information, delivery time, prices, or any other information may be different from that stated on the web or the information may be incomplete. It is the user’s responsibility to verify the information if false and incomplete information is suspected. We reserve the right to change the product information, including pictures and any other related information without notice.
The provider is not responsible for the occasional failure in the operation of the online store, any inaccuracy of information in the online store, nor for any damage caused by inaccessibility, use or inability to use the information in the online store.
In the event that the user has ordered an item that contains incorrect or incomplete information, the provider will inform the user about this and enable the cancellation of the order. If the user, upon placing the order and before receiving the item finds out that the item has wrong information, he is obliged to report the error to the online store and the provider allows him to cancel or change the order.
The provider is actively working on updating photos in the online store, so all images should be regarded as symbolic. Some of the features of the items in the pictures do not reflect the actual condition of the items (e.g. item size in the picture).
The provider is not responsible for the content of the comments in the online store provided by the users. The provider may refuse comments that contain blatant falsehoods, misleading facts or content that is offensive to other users as well as to the provider himself.
The provider reserves the right to make substantive and other changes to the General Terms and Conditions and to make changes at any time and in any way, regardless of the reason and without prior notice.
The provider reserves the right to change the sales offer in the online store without prior notice. The provider does his best to ensure that the information published on the website is up-to-date and correct. However, in some cases, it may not be possible for the provider to ship the item to you because it is sold out and out of stock. Nevertheless, the properties of the items, the delivery period or the price may change so quickly that the provider fails to correct the information on the web pages. In this case, the provider will inform the buyer of the changes and allow him to cancel the order or to change the ordered goods.
The provider reserves the right to change the terms of business at any time and in any way, regardless of the reason and without prior notice.
ADDITIONAL EXPLANATION REGARDING THE PURCHASE
According to the Code of Obligations, the buyer is obliged to accept and pay cash payment for the ordered package. If the buyer of the ordered goods that have been shipped via payment after goods received does not accept those goods in any case and the package returns to the address of the company after the expiration of the waiting period at the post office (15 days), this is NOT considered a withdrawal from the contract, as the latter is still validly concluded and this is, therefore, a unilateral unannounced withdrawal from the contract. If the buyer fails to accept the package, such action causes financial damage to the company. In case of non-acceptance, the buyer is thus responsible for paying the costs of sending and sending / returning the products to the company, for which the seller will issue an invoice, which the buyer is obliged to pay since the buyer has not terminated the contract. In case of non-payment of the invoice, the matter is settled with a claim. Claims are regulated by an external company. In the case of fraudulent orders, we will submit the IP address to be further treated as abuse. The cost of non-acceptance is 10,00 EUR and includes administrative costs, packing, shipping and return costs.