ACŠ AVTOMOBILI D.O.O.
2201 ZG. KUNGOTA
id ZA ddv: SI47731109
1. General terms and conditions for the sale of goods by post
The General Terms and Conditions for the Sale of Goods by Post (hereinafter referred to as the General Terms and Conditions) are compiled in accordance with the applicable regulations of the Republic of Slovenia and apply to all users. These general terms and conditions set out the conditions for the sale of goods by post, the general terms and conditions of purchase by post, the protection of personal data and other rights and obligations of the buyer and the provider.
The buyer is bound by the general conditions in force at the time of purchase.
When placing an order, the customer is always reminded of the general terms and conditions and confirms his acquaintance with them by placing the order. The General Terms and Conditions are also available at the company’s headquarters.
The operator of the sale of goods by mail is the company ACŠ AVTOMOBILI D.O.O., Jedlovnik 1a,
2201 Zg. Kungota, Registration number: 2371162000, Tax number: SI 47731109, entered in the court register on 22 January 2008, entry number: 11388600 (hereinafter the bidder). Mail: firstname.lastname@example.org, telephone number: 041-623-850.
Both individuals and legal entities are able to buy. The buyer can order by phone any type of goods from the range of sales of the provider.
3. Availability of Information
The provider commits to always provide the buyer with the following information:
information about the company (company, registered office, tax, registration number and registration data),
- contact details, for fast and efficient communication,
- essential characteristics of the goods or services,
- the price of the goods or services, including all taxes and other charges,
- possible delivery costs,
- more detailed payment arrangements and the method and deadline of delivery or fulfillment,
- information to the consumer on the right to withdraw from the contract in accordance with Article 43. Articles of the Consumer Protection Act and conditions for resignation; in addition, if and how much it costs the buyer to withdraw from the contract,
- time validity of the offer and price,
- an explanation of the complaint procedure, including all details of the contact person or customer service.
The customer can choose between the following payment options:
– cash (on receipt),
– according to the pro forma invoice on the current account.
Cash – payment in cash is made upon receipt of the goods, when the delivery service delivers the package to the desired address.
Proforma invoice – payment by bank transfer is possible upon prior creation of a proforma invoice which is sent to the customer’s desired e-mail. It is desirable that the buyer informs the bidder about the settled pro forma invoice, to the e-mail address email@example.com.
If the user does not pay the amount according to the proforma invoice within 14 days, the order will be canceled and as such will no longer be considered.
5. Prices and Goods
When buying, the prices are valid at the time of order confirmation by phone. All prices include VAT. Prices do not have a predetermined validity. Prices are subject to change without notice.
The amount of postage is not included in the price of the products. The prices thus do not include the costs of delivery and packaging or postage. Shipping costs are charged by the distributor and are according to the distributor’s price list and are paid by the buyer.
The provider reserves the right to change technical descriptions and configurations without prior notice.
6. Delivery and delivery time
Products in stock will be delivered within 1-3 working days from the day of telephone order confirmation.
It is also possible to do a pick up in person at the headquarters of the company ACŠ AVTOMOBILI D.O.O., Jedlovnik 1a, 2201 Zg. Kungota.
Pick-up is possible every working day (Mon-Fri) between 8.00 and 12.00 and 13.00 and 17.00 and on Saturday between 8.00 and 12.00.
In the case of payment by proforma invoice, the goods are sent only after receiving the transfer to the provider’s bank account.
In the event that several products have been ordered and it is necessary to make several packages, in such a case the weight of the items is added up and taken into account in the total calculation of the postage.
If the bidder ships the ordered products in time, he is not responsible for the overdue delivery time of the contractor.
Delivery is possible in the EU, unless explicitly agreed otherwise. In the case of delivery outside the territory of the EU, the provider prepares an offer that includes the delivery time and the cost of delivery to the desired destination.
7. Right of withdrawal from the purchase, return of goods
The buyer has the right to notify the company (within 14 days) of withdrawing from the contract without having to give a reason for his decision. In this case, the buyer can only be charged the costs referred to in the seventh paragraph of Article 43.d of ZVPot – NPB10.
Notice of withdrawal may be made by the customer in accordance with b43d. Article ZVPot. It is submitted to the company in the following manner:
– on the form prescribed by the Rules on forms relating to the exercise of the right to withdraw from a contract concluded at a distance or off-premises (Official Gazette of the Republic of Slovenia, No. 43/2014), or
– by an unequivocal statement clearly stating that he is withdrawing from the contract (it may also be an oral one, eg a statement given by telephone), or
– via e-mail: firstname.lastname@example.org
In view of the above, only the return of the received goods within the deadline for withdrawal from the contract without a special notice / statement of withdrawal is not considered withdrawal from the contract. The same as withdrawal from the contract in accordance with ZVPot is not only the refusal to accept the goods in itself. In such a case, the buyer therefore has no rights arising from the withdrawal from the contract without stating the reason under ZVPot (refund of received payments).
With the exercise of the right to withdraw from the contract referred to in Article 43.č of this Act, the obligations of the parties regarding:
Performance of the contract, or
– the conclusion of a contract where the consumer has made an offer to conclude a contract.
In the event of withdrawal from the contract, the provider shall immediately or no later than 14 days after receipt of the notice of withdrawal from the contract return all payments received.
The provider returns the received payments to the buyer with the same means of payment as used by the buyer, unless the buyer has explicitly requested the use of another means of payment and if the buyer does not bear any costs as a result.
The buyer cannot claim reimbursement of additional costs incurred, if he has explicitly opted for a different type of shipment than the most affordable standard shipment offered by the company.
The bidder may withhold the refund of payments received until the return of the returned goods or until the buyer provides proof that the goods have been returned, unless the bidder offers the option to only accept the returned goods.
The buyer is liable for a decrease in the value of the goods if the decrease in value is the result of conduct that is not necessary to determine the nature, properties and functioning of the goods.
The buyer is not responsible for the reduction of the value of the goods if the bidder does not inform him of the right to withdraw from the contract in accordance with point 4 of the first paragraph of Article 43.b.
Return of goods is also possible at the headquarters of the company ACŠ AVTOMOBILI D.O.O., Jedlovnik 1a,
2201 Zg. Kungota.
The cost of return is borne by the sender himself, unless otherwise agreed in writing in advance. Shipments with a ransom are not accepted by the provider. In the case of delivery at the provider’s expense, the buyer will be charged the cost of return according to the valid price list of Pošta Slovenije.
The provider is not responsible for costs incurred due to handling outside the business conditions. Products must be adequately protected when shipped. A copy of the invoice must be attached. A return letter is also desirable to expedite the return of the exchange process.
The form should also contain a bank account to which the money will be transferred in the event of a refund.
Refunds will be made as soon as possible and no later than 30 days after receipt of the notice of withdrawal.
8. Defective goods
If the product has material defects, the buyer must notify the provider of the defect within the legal deadline and describe the defect in more detail as well as allow the provider to inspect the product. In this regard, the legal provisions of the Code of Obligations and the Consumer Protection Act apply.
9. Protection of personal data
By ordering goods, the buyer confirms that the company ACŠ AVTOMOBILI D.O.O., Jedlovik 1a, 2201 Zg. Kungota, as the controller of the personal data collection, shall use and process the transmitted personal data in accordance with the provisions of the Personal Data Protection Act and for the purpose set out below.
The controller processes the personal data of the buyer, which he communicated when ordering the goods
natural person: name, surname, address, postal code, place, telephone or GSM – optional, e-mail address;
legal entity: name, surname, address, tax number, telephone or GSM electronic – optional address.
The following data is also collected: date of purchase, content of purchase, value of purchase, method of payment.
The bidder will use personal data for the purposes of fulfilling the order (execution of the transaction, invoicing, delivery of the product, everything related to the order) and other communication related to the order and necessary.
The additional purpose of the processing for which the customer gives his consent on the basis of the order and the acceptance of these general terms and conditions is:
– statistical processing,
– marketing research,
– customer segmentation,
– processing of past purchasing behavior,
– notification of innovations in the offer and operations,
Sending advertising material, and
– invitations to events
– and for notifications about prize games organized by ACŠ Avtomobili d.o.o.
The buyer specified in the previous article expressly agrees that the provider may provide certain personal data (name, surname, telephone number, e-mail address, postal code) to the contractual processors of the personal data controller with whom the latter has or will have contracts for personal data processing and who process or will process the data in his name and on his behalf.
By accepting the general terms and conditions of business published on the website, the customer is considered to give explicit personal consent to the use and processing of personal data. With his personal consent, the controller may process personal data for the purposes described in these general terms and conditions and pass it on to companies and contractual processors.
The customer may at any time in writing or in another agreed manner (e.g. via e-mail) request that the personal data controller permanently or temporarily cease to use his personal data for the purpose of direct marketing. The controller will properly prevent the use of personal data for the purpose of direct marketing within 15 (fifteen) days.
The transmitted personal data will be stored and used only for as long as it is necessary to achieve the purpose for which they were collected or processed.
By accepting these general terms and conditions, the customer also confirms that he is aware of the right to view, transcribe, copy, supplement, correct, block and delete personal data relating to him, in accordance with the provisions of the applicable law governing the protection of personal data .
In case of any questions regarding the protection of personal data, the user can forward the latter to the address Jedlovnik 1a, 2201 Zg. Kungota or via e-mail to email@example.com
10. Contract and contract archivingt
The contract is concluded when the provider confirms the receipt of the order by telephone. The contract is concluded in the Slovenian language.
Copies of invoices are archived at the provider’s headquarters. The client can obtain a copy with a request by e-mail: firstname.lastname@example.org
11. Final Provisions
The provider reserves the right to change the general terms and conditions at any time, without prior notice.
The provider will inform the users in an appropriate manner about any changes in the general terms and conditions. The publication of the general terms and conditions on the provider’s website is considered an appropriate method. The user is considered to agree to the change of the general terms and conditions of business if he continues to use the portal in question.
The provider makes every effort to ensure the up-to-dateness and correctness of the information published on its pages. Nevertheless, the characteristics of the items, the delivery time or the price may change so quickly that the provider may fail to correct the information on the website. In such a case, the provider will notify the customer of the changes and allow him to withdraw from the order or replace the ordered item.
Objections, remarks, claims, statements and complaints can be sent by the buyer using:
– e-mail to the e-mail address email@example.com or
– in writing to the address: Jedlovnik 1a, 2201 Zg. Kungota.
The resolution of objections, comments, claims and complaints will be carried out in accordance with the provisions of applicable law.
The Maribor District Court has jurisdiction over all disputes arising from the use of the web portal and from these general terms and conditions, which the provider and the user would not be able to reach by agreement.
These conditions enter into force on 01.12.2016
Zg. Kungota, November 30, 2016
ACŠ Avtomobili d.o.o.