The consumer's right to withdraw from the contract
The consumer (natural person) has the right to inform the seller that he withdraws from the contract within 14 days of taking over the items, without having to give him a reason for such a decision. Withdrawal from the contract is sent by the consumer to the seller's e-mail address: firstname.lastname@example.org.
Withdrawal from the contract is not possible if the buyer is a legal entity.
In case of withdrawal from the contract, the consumer returns the received items by post to the address of the company: Malner doo, Prešnica 71, Kozina. The buyer can also return the items in person, namely to the address Malner doo.
The return of the received items to the company within the withdrawal period is considered a notice of withdrawal from the contract. The consumer must return the item to the seller undamaged and in the same quantity, unless the item is destroyed, damaged, lost or its quantity has decreased through no fault of the consumer. The consumer may not use/enjoy the items until withdrawal from the contract. The consumer may inspect and test the items to the extent necessary to determine the actual condition. The consumer is responsible for a decrease in the value of the goods if the decrease is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods.
The only cost charged to the consumer in connection with withdrawal from the contract is the cost of returning the items (which, in the case of shipping, is charged according to the price list of the delivery service and depends on whether it is a shipment/package/cargo). The item must be returned to the seller no later than 30 days after the notification of withdrawal from the contract (purchase) was sent.
The consumer does not have the right to withdraw from the contract in the case of contracts, the subject of which is an article:
- which was manufactured according to the precise instructions of the consumer,
- which was adapted to his personal needs,
- which due to its nature is not suitable for return,
- which is perishable,
- which has already expired.
Withdrawal from the contract is not possible:
- for goods or services, the price of which depends on market fluctuations, over which the company has no influence and which can occur within the deadline for withdrawal from the contract;
- for goods that are manufactured according to the exact instructions of the consumer and adapted to his personal needs;
- for goods that, due to their nature, are not suitable for return, are perishable or expire quickly;
- for a service provided, if the company fulfills the contract in full and the provision of the service began based on the consumer's express prior consent and consent to lose the right to withdraw from the contract when the company fully fulfills it;
- sealed goods that are not suitable for return due to health protection or hygiene reasons, if the consumer has opened the seal after delivery;
- goods which, due to their nature, are inseparably mixed with other objects.
The refund of payments made, including delivery costs (except for additional costs due to the choice of a type of delivery that is not the most affordable standard form of delivery offered by the company) will be made as soon as possible, but no later than within 14 days of receiving the notice of withdrawal from the contract . The company returns the received payments to the consumer with the same means of payment that the consumer used, unless the consumer has explicitly requested the use of a different means of payment and the consumer bears no costs as a result.
In case of withdrawal from the contract where a bonus, discount code or promotional code was used, these funds are considered as a discount and are not returned to the user. Only the paid amount is returned to the user. When withdrawing from the contract, the gift voucher is considered as a means of payment and is returned to the user as a gift voucher, and the amount paid is returned to the user.
In exceptional cases, when the items are not returned in accordance with the ZVPot, we can offer the consumer the purchase of the item with appropriate compensation, which is determined in the minutes upon return. The purchase with a reduced value is taken into account upon confirmation of the consumer by e-mail. The consumer benefits from the aforementioned redemption fee only when ordering another item of the same or higher value.
The right to a refund of the purchase price in the case of warranty claims and material defects is more precisely regulated by the provisions of the Consumer Protection Act (ZVPot-1).
Defects in the goods / damaged goods
The consumer can exercise his rights from a material defect if he informs the seller about the defect within two months from the day the defect was discovered. The consumer must accurately describe the defect in the defect notification and allow the seller to inspect the item. The seller is not responsible for material defects in the goods that become apparent after a year has passed since the item was delivered. A defect in the goods is considered to have already existed at the time of delivery if it appears within six months of delivery.
The consumer, who correctly informed the seller about the defect, has the right to request the seller to:
- eliminate the defect in the goods or return a part of the amount paid in proportion to the defect, or
- replace the defective goods with a new, flawless one, or
- return the amount paid.
- the article does not have the properties that are necessary for its normal use or for sale
- the article does not have the properties that are necessary for the special use for which the buyer buys it, but which the seller knew or should have known
- the article does not properties and features that have been explicitly or tacitly agreed or prescribed
- the seller has delivered an article that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.
Assertion of material defect
The buyer must inform us of a possible material defect together with a precise description of it within the statutory deadline and at the same time allow us to inspect the item. The right to assert a material defect in an item is more precisely regulated by the provisions of the Consumer Protection Act (ZVPot-1).
Receipt of items returned for warranty or material defect processing
The buyer is obliged to pick up the item, which he handed over to the seller for warranty or other processing, after the processing has been completed. The buyer collects the item at the pick-up point where he personally handed it over to the seller, and if he sent it by post, it will be returned to him at the delivery address.
The seller sends a notification to the buyer about the return of the item from consideration and invites him to pick up the item. The buyer is obliged to collect the article within 14 days from the date of notification.
If the buyer does not collect the item within the specified period, the item is handed over to the seller for safekeeping at the address of his warehouse. The seller keeps the article in its own warehouse until the expiration of 6 months from the date of notification. For this period, the seller has the right to reimbursement of all storage costs (€1/day) and the right to reimbursement of all costs necessary to preserve the item.
After 6 months from the date of notification, the seller can sell the item via the online store and transfer the purchase price to the buyer, after deducting sales and other costs of the seller. In the event that the value of the item is insignificant, the seller may donate it to charity and in this case no refund is owed to the buyer. 15 days before the expiration of the 6-month retention period, the seller informs the buyer of the intended sale or donation of the item, as well as, after the sale, of the achieved price and amount of costs, and of the transfer of the remaining purchase price to the buyer's transaction account.
The articles have a warranty if it is stated so on the warranty card or on the invoice. The guarantee is valid if the instructions on the guarantee sheet are followed and upon presentation of the invoice. The warranty periods are indicated on the warranty sheets or on the invoice. Warranty information is also provided on the article presentation page. If there is no warranty information, the item does not have a warranty or the information is currently unknown. In the latter case, the buyer can contact the seller, who will provide up-to-date information.
Items with open packaging
Items with open packaging have been returned and may have minor defects (damaged packaging/item, open packaging, etc.) and are being resold. The type of defect or the condition of the item is stated in writing for each item (both in the item description and on the invoice).
We inspect the returned items, so despite the return, open packaging, etc. still allow normal operation. For this reason, a new warranty period has also been duly determined, which is stated in writing next to each item. In the event of non-functioning of the returned item, the customer is entitled to warranty repair and to withdraw from the contract within the same time limits as apply to other items.
Annex 1: Form with information related to the exercise of the consumer's right to withdraw from the contract (Obr. IOP)
Annex 2: Form for the exercise of the consumer's right to withdraw from the contract (Obr. OP)