Terms of service

NOTICE: You must be of legal age to make a purchase in the online store. These are persons who have reached the age of 18. By visiting the online store, using the services of the online store and purchasing goods, you confirm that you are of legal age and that you meet all the conditions for purchasing in the online store, and that you fully accept and confirm these general terms and conditions of business and use of the online store. The seller reserves the right to refuse sales to persons who do not meet the conditions for purchase.
Excessive alcohol consumption is harmful to health!

General Terms and Conditions of Business and Use
The General Terms and Conditions of Business and Use determine the manner and conditions of operation of the online store on the website: www.malnercider.com (hereinafter: "online store"), the rights and obligations of users and the manager of the online store govern the legal relationship between the seller and to buyers. The general terms and conditions of business and use are also governed by individual rules for the purchase and delivery of goods. The general conditions of business and use of the Malner Cider online store are drawn up in accordance with  the Consumer Protection Act (ZVPot)  
 based on the recommendations of the Chamber of Commerce and International Business Codes, the Code of Obligations (OZ), the Personal Data Protection Act (ZVOP-1), the Electronic Communications Act (ZEKom-1), the Electronic Business Act (ZEPT), the Act on Outsourced Resolution of Consumer Disputes disputes (ZisPRS), the Account Verification Act (ZDavPR), and other related regulations.
Users of the online store are bound by the version of the general conditions that is valid at the time of placing the online order (purchase). The user has access to the General Terms and Conditions of Business and Use before starting the purchase. The general terms and conditions of business and use are available throughout the shopping period (when the user is in the online "basket") and are located at the bottom of the "basket". By placing an order, you confirm your familiarity with them.
The buyer can save and print the general terms and conditions at any time by clicking on the "General terms and conditions" link and pressing Ctrl+P.

Provider
The provider of products on the website and operator of the website www.malnercider.com is: Company  Malner doo , Prešnica 71, 6240 Kozina info@malnercider.com registration number: 7252854000 tax number: SI41709373 The company is a taxpayer.  
 

Content of the website www.malnercider.com

Information about the products found on the website www.malnercider.com is valid at the time of entry on the website. The provider makes every effort to express the actual and correct situation.

User registration / membership
Users can have one of the following statuses within the online store:
- buyer (legal or natural person who purchases goods in the online store but does not register as part of visiting the online store or purchasing goods), -
user with an account ( a visitor who registers in the process of visiting an online store or purchasing goods).
Users with an account and customers are collectively referred to as "users" in the following general terms and conditions.
Registration is not required to purchase in the online store. A visitor to the online store can make a purchase without registration.
Visitors who complete the registration process by entering their information become users with an account. When registering in the online store, the visitor obtains a user name, which is the same as his e-mail address, and a password. The user name and password unambiguously determine and associate the user with the entered data.

Availability of information
The seller undertakes to provide the user with the following information, even before he is bound by the contract or offer:

1. information about the seller's company (company name and registered office, registration number),
2. contact information that enables the user to communicate quickly and efficiently (e-mail, online form),
3. the essential characteristics of the items (including after-sales services and guarantees) and the validity period of this information,
4. availability of items,
5. terms of delivery of items (and method, place and deadline of delivery),
6. prices,
7. method of payment and delivery or fulfillment, and the validity period of this information,
8. time validity of the offer,
9. the term within which it is possible to withdraw from the contract and the conditions for withdrawal (description of the right to withdraw in accordance with Article 43 of the ZVPot; in cases where the consumer does not have the right to withdraw in accordance with Article 43 of the ZVPot, he is expressly informed of this) ,
10. an explanation of the complaint procedure, including all information about the contact person or customer service department.

Orders via the website
The sales contract between the seller and the buyer is concluded in the online store at the moment when the seller receives a valid completed and confirmed purchase order from the buyer in the online form. From this moment, all prices and other conditions are fixed and apply to both the seller and the buyer. The person with the information specified when placing the order is considered a buyer. It is not possible to change customer data later. The buyer is responsible for the information provided during the order execution process. The buyer can change the data and content of the purchase until the last step, when he confirms the data by clicking on the "Submit my order" button. 
The provider is not responsible for possible delivery errors due to an incorrect address. After submitting the order, the buyer receives an order confirmation via e-mail. When entering the website and placing an order, the buyer confirms that he is of legal age and that he will not pass on the ordered goods to minors.
The sales contract between the seller and the buyer is concluded in the online store at the moment when the seller receives a valid completed and confirmed purchase order from the buyer. From this moment, all prices and other conditions are final and apply to both the seller and the buyer. The archive of the placed order is stored electronically on the seller's server and the Shopify server where the online store is hosted and is considered as an archive of the purchase contract. 

Prices
Product prices apply to purchases in the online store www.malnercider.com. All prices include VAT, unless explicitly stated otherwise. The stated price does not include shipping costs and/or costs of other carrier services. The provider reserves the right to change prices. The price that is published at the moment of completion and submission of the order is valid. Any benefits, promotions and discounts listed on the website www.malnercider.com apply to purchases via the online store only if this is specifically stated. The price in the online store is displayed as a regular price without discounts, unless otherwise indicated, and applies to all users of the online store.
The prices of items in the online store may differ from the prices of the same items at other points of sale and are not related to each other.
Discounted prices and prices at other points of sale outside the online store do not apply to the online store, except when this is specifically indicated in the context of an individual promotion.
Discounts, promotional codes, etc. they do not add up. Gift vouchers and discount bonus codes cannot be exchanged for cash.
Delivery prices are charged according to the weight of the order and are calculated automatically before the order is placed.

Method of payment
The provider accepts payment by proforma invoice by transfer to TRR of the company Malner doo and via Paypal. If the provider receives the payment later than within 2 working days of the confirmation of the payment, he can refuse the purchase and refund the money to the customer's account (in the event that he cannot complete the order due to missing goods).

Issuance of invoice
After delivery of the ordered items, the seller also sends the invoice to the buyer in pdf format to the e-mail address of the buyer.
The invoice contains a breakdown of the price and all costs related to the purchase, as well as a notification of the right to withdraw from the contract.
The buyer is obliged to check the correctness of the data before submitting the order or before payment. We do not take into account objections made later regarding the correctness of the issued invoices.

The prices are valid in the case of payment with the above-mentioned payment methods, under the above-mentioned conditions.

The shipment of goods ordered via the Dostavo po Slovenija website
is carried out by the company DPD doo, but the seller reserves the right to choose another delivery service if this order can be fulfilled more efficiently. All shipments are insured during transport. We do not offer cash on delivery delivery.
The buyer undertakes to take care of the collection of the goods on the day of the scheduled delivery. The buyer undertakes to collect the goods himself or an authorized adult. The carrier is responsible for the loss or damage of the shipment. The buyer must notify the carrier or provider of damage or loss of the shipment. 

The seller endeavors to hand over the ordered goods to the delivery service on the same or the next working day after receiving the buyer's payment, except in cases of force majeure. The goods will be delivered within the delivery times provided by the delivery service.

Purchase procedure on the website
The customer makes the purchase with the following steps:

1. chooses a product in the online store,
2. add any number of products to the online "basket",
3. clicks on the "completion of purchase" button,
4. enter customer contact information, delivery information and redeem the coupon (if available) on the "information" page,
5. confirm by clicking on "continue to select delivery",
6. chooses the method of delivery of the goods,
7. confirm by clicking "continue to select payment",
8. choose a payment method,
9. confirm the selection by clicking on the "review order" button,
10. the buyer can review the submitted data and the content of the purchase again and for the last time,
11. complete the purchase by clicking on the "submit my order" button.

The buyer has the option of returning to previously confirmed steps until he confirms the purchase by clicking on the button "submit my order". 

Order
Information on the status and content of the order is always available to the customer on the website. The seller reviews the order, checks the availability of the ordered items and confirms the order or rejects it with a reason. If the supplier does not confirm the availability of the ordered items to the seller no later than two weeks from the date of placing the order, the seller can reject the buyer's order for the reason that the item is not available. On the day of rejection, the customer's order ceases to be valid. The seller does not assume any responsibility for damage caused by longer delivery times or non-delivery of items that the seller does not have in stock. 


The seller prepares and ships the item within the agreed period and informs the buyer about this by e-mail with a notification about the delivery of the shipment and the tracking number of the package. In an e-mail, the seller also informs the buyer about the policy of withdrawal from the contract, where he can turn in the event of a delivery delay and where he can turn in the event of a complaint. In the event that the buyer decides to cancel the order in time, he must notify the seller immediately by e-mail to the address  info@malnercider.com  or do so via the user account he created on the website. If it happens that the order has already been shipped, the buyer rejects the shipment to the delivery service.

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:  info@malnercider.com .
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 of the company 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.

Material defects
- 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.

Warranty
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)

Notification
The seller will contact the user via means of remote communication only if the user does not expressly object to this, and in accordance with the provisions of ZEKom-1. The user expresses his will by explicitly ticking that he wants to receive commercial messages when submitting data when submitting a purchase.
The seller's advertising electronic messages will contain the following components:
- they will be clearly and unequivocally marked as advertising messages,
- the sender will be clearly visible,
- various actions, promotions and other marketing techniques will be marked as such. The terms of participation in them will also be clearly defined,
- the method of unsubscribing from receiving advertising messages will be clearly presented,
- the seller will explicitly respect the user's wish not to receive advertising messages.

Security
The seller uses appropriate technological and organizational means to protect the transfer and storage of personal data and payments. Secure authorizations and credit card transactions are handled by Paypal. Credit card authorizations are carried out in real time with immediate verification of data from banks. Card information is not recorded on the provider's server.

Protection of personal data
The seller undertakes to permanently protect all personal data of the user in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR) and the Personal Data Protection Act. The user must be aware that he is obliged to provide the seller with his personal data in a correct and true form, and he is also obliged to inform the seller of any change in his data. By accepting these terms and conditions, the user confirms that the personal data he has provided is correct.

Limitation of liability
The seller makes every effort to ensure that the information published on its website is up-to-date and correct. Nevertheless, the characteristics of the items, the delivery time or the price can change so quickly that the seller is unable to correct the information on the websites. In such a case, the seller will inform the buyer about the changes and allow him to withdraw from the contract or exchange the ordered item.

Complaints and Disputes
The Seller makes every effort to fulfill its duty to provide an effective complaint handling system.
The seller does not recognize any provider of out-of-court resolution of consumer disputes as competent to resolve a consumer dispute that a private user could initiate in accordance with the Act on out-of-court resolution of consumer disputes.
The platform for the online resolution of consumer disputes (SRPS) is available at the electronic link  http://ec.europa.eu/odr .
In case of problems, the buyer can contact the feeder by e-mail at  info@malnercider.com .

Changes to the general terms and conditions and 
the Seller may amend and supplement these general terms and conditions. For legal relations between users and the seller, the versions of the general conditions valid at the time of submitting the online order for the purchase of goods are taken into account.

General terms and conditions of business and use version 2023-01 from 26.4.2023.