Terms and Conditions

Terms and Conditions

• In General
• Accessibility of Information
• Offer of Products
• Order
• Delivery
• Prices
• Method of Payment
• Warranty
• Returning and replacement the Goods
• Taking Delivery of Items after Completed (Warranty) Procedures
• Security
• Personal Data Protection
• Communication
• Complaints and Disputes
• Limitation of Liability
• Material Defect
• Changes to the Terms and Conditions



In General

These Terms and Conditions are drawn up in accordance with the Consumer Protection Act (ZVPot), General Data Protection Regulation, EU 2016/679 (GDPR), Personal Data Protection Act (ZVOP-1) and Electronic Communications Act (ZEKom-1), pursuant to the recommendation of Slovene Chamber of Commerce and international codes for internet and electronic commerce.

These Terms and Conditions govern the mode of operation of Online Shop www.lukadoncic.com (hereinafter as “Online Shop”), managed by

LD7, trgovina in storitve, d.o.o.
Ulica Metoda Mikuža 18
1000 Ljubljana

Identification no. 8320608000
Tax no. SI 25758934

Registered with Ljubljana District Court
Share capital: EUR 7,500

Contact: info@lukadoncic.com
(hereinafter as “Seller”),

the rights and obligations of the provider and visitors of this Online Shop and users who make purchasers via Online Shop (hereinafter as: “Buyer”).

These Terms and Conditions which apply at the time of purchase (when online order is submitted) are binding for the Buyer. Upon every submission of order, the Buyer is made aware of the Terms and Conditions. By submitting the order the Buyer confirms to have knowledge thereof.

Accessibility of Information

Seller undertakes that the Buyer shall have at all times available:

• Information about the identity of the Seller (name and seat of the company and number of register in which the company is entered);
• Contact information which enables the Buyer quick and efficient communication with the Seller (email, telephone, etc.);
• Information about essential characteristics of products or services offered by Online Shop, including after-sale services and warranties;
• Information about availability of products or services offered by Online Shop (each product offered by Online Shop should be available within a reasonable period of time);
• Manner and conditions of delivery of products and performance of services, especially place and delivery times;
• Prices must be determined in a clear and unambiguous way, it must be clearly indicated if taxes, shipping costs and other fees are included;
• Information about the method of payment;
• Information about the time frame of the validity of offer in Online Shop;
• Information about the period of time when it is still possible to withdraw from the contract, and conditions for withdrawal;
• Information about the possibility of returning the products, and if such return of the product incurs costs to the user;
• Information about the complaint procedure and information about Seller’s contact person for customer relations.

Offer of Products

The nature of ecommerce is such that causes frequent and quick updates and changes to the offer of products in Online Shop for which reason errors may occur. In order to eliminate errors as quickly as possible, the Seller requests the Buyer to report any such errors to the Seller on a form or by telephone (telephone number is available on the website).

Order

When the Buyer submits the order in Online Shop, the Seller confirms the receipt of that order by email and with subject: Order Receipt Confirmation. This email does not mean that the order has been confirmed (this means that at that moment the sale contract has not yet been concluded) and it does not mean that the product is in stock or that the order has begun to be dispatched. The email is only a notification for the Buyer that the Seller has received the order and that the procedure of checking the availability of product is in place. From that moment on, all prices and other conditions are fixed. The Buyer is deemed to be the person whose information was provided upon the submission of order. Any subsequent amendments to Buyer information shall not be possible.

After checking availability, the Seller shall email the Buyer a confirmation on accepting the order, together with information about the times of delivery. Contract of sale between the Seller and Buyer is concluded at the moment when the Seller sends to the Buyer email that the order is accepted. Contract of sale is stored in electronic form on the Seller’s server. The Seller will prepare in the agreed period of time the ordered goods and dispatch them and will notify the Buyer that the goods have been dispatched. In the email, the Seller instructs the Buyer also about the policy of returning the products, and informs the Buyer of the contact persons in the event of complaints or delayed delivery.

After the delivery of ordered products, the Seller shall send the Buyer invoice in pdf format to the Buyer’s email address or by enclosing a printed invoice to the products delivered.

In the invoice, the price and all costs related to the purchase must be broken down; a notice about the right to withdraw from the contract must be also stated on the invoice.

Before submitting the order, the Buyer must verify if the information is correct. Any subsequent objections regarding the accuracy of issued invoices shall not be taken into consideration.

Delivery

Contractual partner for the delivery of packages in Slovenia is GENERAL LOGISTICS SYSTEMS, logistične storitve d.o.o. (GLS) according to the price list on our website. However, the Seller reserves the right to choose another delivery service if it believes that the order could be delivered more efficiently that way.

Time for the delivery of products which are in stock is usually from 3 to 7 business days for deliveries in Slovenia, unless the delivery services makes later deliveries to a particular delivery address. The time for delivery of other products to delivery addresses in Slovenia is written next to the product or in the shopping basket of Online Shop. All products in Online Shop can be delivered within a reasonable time; however, the Seller will not dispatch the products on Saturdays, Sundays and during holidays if the delivery service does not make deliveries on those days. When this is the case, such notification will be expressly written next to the product or in the shopping basket.

The Buyer or addressee must inspect the quantity and quality of goods upon the receipt of the package.

Contractual partner for the delivery of packages for the rest of the world is Deutsche Post AG (DHL).

Prices

Online prices apply for all users registered in the Seller’s Online Shop who provide the Seller their information. In order to become a registered user of Seller’s Online Shop you must register in Online Shop as member, you can also register as guest by using the single sign-on option.

All prices in Online Shop are in Euros and include VAT, unless expressly stated otherwise. A special price is reduced regular price of a product for a limited or unlimited time. Prices are in force at the time when the order is submitted, their validity is not determined in advance. Wholesale prices in Online Shop are without VAT, unless this information is expressly stated. All prices in Online Shop are prices for products and exclude shipping costs. All prices apply only for electronic orders of products via Online Shop. Prices as determined apply when purchase is made in one of the ways specified below.

All prices apply at the moment when the order is submitted; their validity is not determined in advance, therefore they are in force until their change as may occur from time to time. Despite the Seller’s efforts to ensure that data are updated and correct, it may occur that the information about the price is incorrect. In the event set out in the previous sentence and in the event when the price of a product changes during the processing of the order, i.e. from the moment when order is submitted until the moment the order is confirmed, the Seller shall a) inform the Buyer of this and notify it about the new prices; when this is the case, the Buyer may choose to change its order or cancel it, in full or in part, or confirm the order at the new price, all without any additional costs; and b) enable the Buyer to withdraw from the purchase and offer a solution which shall be to their mutual benefit and satisfaction.

Method of Payment

The Buyer can choose among the following methods of payment for the products in Online Shop:

• With cash upon the receipt of package;
• With bank card or credit card (Activa, BA Maestro, Eurocard/Mastercard, Visa, Karanta, American Express, Diners club);
• By making payment to the Seller’s bank account on the basis of offer/quotation.

Payment by debit or credit card is only possible if the data in the buyer's profile for the payer is the same as the data on the debit or credit card holder.

When paying with a credit card online, in the event of cancellation of the order or change of payment method by the buyer, the latter must notify the merchant by e-mail in order to credit the card or refund the purchase price.

 

Warranty

Products are under warranty when so stated in the invoice or in the warranty booklet. Warranty is valid subject to fulfilment of instructions and conditions stated in the warranty booklet, and submission of invoice. Warranty period is specified in the warranty booklet or on the invoice. Information about the warranty is provided also in the product description in Online Shop. If there is no warranty information in Online Shop, then the product has no warranty. In this case, the Buyer may contact the Seller and receive up-to-date information. The Buyer may claim the warranty with the Seller or directly with the manufacturer of the product or at its authorised repairer. The Buyer may claim the warranty subject to the warranty booklet and invoice. The manufacturer or its authorised repairer must carry out the warranty repair within 45 days from the receipt of the product for repair or replace the product with another one that is equal to the product in impeccable conditions.

Returning and replacement the Goods

“Products Returned” are products that were returned to the website www.lukadoncic.com and have defects (damaged packaging, damaged clothing or footwear, etc.). The type of defect or condition of product is described next to each product and also in the invoice. We inspect all the Products Returned in order to ensure their proper functioning. For this reason, the warranty period is different (this applies to products for which the warranty is issued) and is written next to each product from the category “Products Returned” and specified in the invoice, and begins with the day of purchase of the ‘Product Returned‘. 

As we are extremely careful when packing shipments and have strict protocols, it is very rare to find that a shipment is not complete. In order to avoid exploitation, we have secured ourselves by weighing the contents of the parcel together with the packaging very carefully. Therefore we kindly ask you to send us a photo of the sticker on the parcel which shows the exact weight of the parcel.

According to the information provided we will resolve your case as soon as possible. All returned items should be sent in their original condition and packaging where possible, including tags. If you return an unwanted item and an item requesting a refund within 28 days of the item being delivered to you or available for collection, we'll give you a full refund by way of the original payment method. We aim to refund you within 14 days of receiving the returned item.

Products categorised as ‘Products Returned’ cannot be returned or exchanged for the same or new item without extra payment; it is possible, however, to exchange them for the same or another product of equal value (or by paying the difference). If the product is not functioning, the customer shall be entitled to withdraw from the contract within the same period of time as it applies for all other products or warranty repairs.

Your return label will require you to return the item at your own expense. If you return a defective, damaged or incorrect item, you’ll be refunded the full postage cost, as well as your Import Fees Deposit, once your return is processed. Address for returning packages is LD7 d.o.o., Prusnikova ulica 104, 1000 Ljubljana, Slovenia.

 

Taking Delivery of Items after Completed (Warranty) Procedure

When the procedure is completed, the Buyer must take delivery of the product handed over to the Seller for warranty or any other treatment. The Buyer must take delivery of the product at the collection point where he personally handed it over to the Seller; if the Buyer sent the product by mail, the said product shall be returned to him to his delivery address. The Seller shall send a notice to the Buyer that the product came back from being processed and shall ask him to take delivery of the product. The Buyer must take delivery of the product within 14 days form the day of notification.

If the Buyer fails to take delivery of the product within the said time limit, the product shall be stored in the Seller warehouse until the expiry of 6 months from the date of the notification. During that period, the Seller shall have the right to have any and all costs related to the warehousing reimbursed as well as any and all costs necessary for the maintenance of the product.

After the expiry of 6 months from the date of the notification, the Seller may sell the product in Online Shop and may remit the purchase price to the Buyer, after having deducted the costs of sale and other costs. If the product’s value is insignificant, the Seller may give it away for charity; when this is the case, the Buyer is not be entitled to any reimbursement. The Seller shall inform the Buyer 15 days before the expiry of 6-month period of storage of his intent to sell or donate the product, and after the sale also of the price achieved and the amount of costs and remittance of the remaining amount of purchase price to the Buyer’s bank account.

Security

The Seller uses all appropriate technological and organizational means for the protection of transfer and storage of personal data and payments. For this purpose the Seller uses 128-bit SSL certificate issued by the authorized organization.

Credit cards authorization is carried out in real time with immediate verification of data with the bank. Information on credit card is not stored on the Seller’s server. The Buyer is also responsible for the security, by taking the right measures to protect his user account and password and for using appropriate software and anti-virus protection on his computer.

This Online Shop is not intended for persons younger than 15 years. The Seller shall not accept order in Online Shop from persons for which the Seller suspects or knows that they are younger than 15, without the permission of their parents or guardians. Online Shop does not offer free access to products or services which are harmful for children.

Personal Data Protection

Seller shall process the Buyer’s personal data in compliance with the Personal Data Protection and Cookies Policy, which is accessible here. You are invited to read it in order to understand how our website collects, uses and protects your personal data.

Complaints and Disputes

The Seller complies with applicable regulations in the field of consumer protection, and has in place an efficient system of complaint handling and has appointed a person whom the Buyer may contact via telephone or email. The Buyer may send a complaint to Seller’s email info@lukadoncic.com. The procedure of handling the complaint shall be confidential. The Seller shall confirm the receipt of the complaint within 5 days and shall notify the Buyer of the time necessary for handling the complaint and will keep the Buyer informed throughout the procedure. The Seller shall make every effort to solve disputes, if any, amicably. If amicable resolution of the dispute is not possible, the competent court shall have the jurisdiction over the solution of all disputes between the vendor and customer. As parties to ecommerce, the Seller and Buyer acknowledge the validity of emails in the court.

Slovene substantive law shall apply to these Terms and Conditions and to all disputes between the seller and buyer; rules of international private law referring to recourse to any other law shall not apply. All relationships and rights and obligations not regulated herein shall be subject to the provisions of the Code of Obligations, Electronic Communications Act, Personal Data Protection Act and Consumer Protection Act.

On Seller’s website there is a link to online dispute resolution platform for consumer disputes: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL.

The said regulation is governed in the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) no. 2016/2004 and Directive 2009/22/EC.

Limitation of Liability

The Seller shall not be responsible for consequences resulting from the use of a product, purchased in Online Shop, which is not in compliance with the instructions for use for that product. The content of Seller’s website is of informative nature only and may be used as a general source of information and cannot replace a consultation with an expert.

The Seller shall not be held liable for the disruption of service which is a consequence of the Buyer’s acts or that of the providers of infrastructure used by Online Shop. The Seller acts in compliance with applicable legislation and offers customer support at all times. In any litigation the Seller shall strive for an amicable solution. The Buyer may address each complaint to contact persons provided.

The Seller applies continuous effort to ensure suitable image material, descriptions and instructions for the products. Nevertheless, the photographs of products in Online Shop are of illustrative nature, and texts are of informative nature. Before using the product, the Buyer or user must always read and follow the instructions enclosed to a product. Buyers may at any time warn the Seller of possible errors.

Material Defect

A defect shall be deemed material when:

• The product does not have the attributes necessary for the customary use or marketing of the product;
• The product does not have the attributes necessary for the special use for which the buyer bought it, and this was or should have been known to the seller;
• The product does not have the attributes and features that were expressly or tacitly agreed upon or prescribed;
• The seller delivered a product that does not match the sample or model, unless the sample or model was only shown for information purposes.

The suitability of product is inspected by comparing it to another flawless product with identical characteristics or listed specifications.

The Buyer must notify the Seller of potential material defect, including detail description of the defect, within the legally defined deadline, and must make the Seller available to inspect the product.

The right to claim a material defect on the product is defined in detail by the provisions of the Consumer Protection Act.

Changes to the Terms and Conditions

In the event of changes in rules governing the operation of online shops, data protection and other areas related to the operations of Seller’s Online Shop, and in the event of changes of the Seller’s own business policy, the Seller may change and/or amend these Terms and Conditions, whereby it must inform the users of that in the most appropriate way. Any change or amendment to these Terms and Conditions shall enter into force and start to apply with the expiry of 8-day period from the publication of such change and/or amendment. When the said changes and/or amendments to the Terms and Conditions are essential because of alignment with regulations, the said changes and/or amendments may enter into force and start to apply sooner.

The Seller operates in compliance with the Electronic Commerce Market Act (ZEPT) and with its implementing regulations.

 

These Terms and Conditions are in force from February 2020.