General Terms and Conditions of the Online Shop

In connection with the visited online shop https://sirup-top7.si/ and the purchase of products in it, the following applies:

Online shop provider and seller

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.
Poslovna cona Žeje pri Komendi, Pod topoli 5
1218 Komenda
Company registration number: 8224790000
Tax number: SI 54529034

E-mail address: support@byrokko.com

The provider SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o. has been registered since 15.06.2018 with the District Court in Ljubljana under entry number SRG 2018/24173 as a limited liability company with paid-up share capital of 7.500,00 EUR. The company is liable for value added tax (VAT).

Introductory definitions of terms

• SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o. (hereinafter: the company): is the developer and provider of its own online shop -https://sirup-top7.si/ (hereinafter: the online shop) and the seller of the products in it.
• General Terms and Conditions of the online shop https://sirup-top7.si/ (hereinafter: the General Terms and Conditions): with these General Terms and Conditions the company governs the conclusion of distance contracts with consumers via the World Wide Web, which, in accordance with the Consumer Protection Act, the Electronic Commerce Market Act, the Electronic Communications Act, the Protection of Consumers against Unfair Commercial Practices Act and other statutory and implementing regulations, constitutes an information society service and requires the company to provide the consumer with the information contained herein. The latest version of these General Terms and Conditions is permanently published at the link: https://sirup-top7.si/terms,
• visitor to the online shop (hereinafter: user or visitor): is a person who has visited or is navigating the online shop and its subpages,
• purchase: the conclusion of a distance contract for the purchase of selected products by submitting an online order, at the published price and in accordance with the terms and provisions of the General Terms and Conditions in force at the time the order is placed,
• consumer: in accordance with the Consumer Protection Act, a consumer is a natural person who acquires or uses goods and services for purposes outside their professional or gainful activity,
• customer: is a user who has successfully completed a purchase in the online shop. If the customer does not meet the definition of a consumer (e.g. the purchase in the online shop is made by a legal entity), the company is not obliged to provide such a customer with those guarantees which these General Terms and Conditions grant to consumers in accordance with the Consumer Protection Act. In such cases the company reserves the right, after the purchase has been made, to inform the customer who is not a consumer which parts of these General Terms and Conditions apply to or govern their relationship.

Validity of these General Terms and Conditions and language of business

These General Terms and Conditions constitute a contract between the company and the customer, which the customer concludes with the company in respect of the selected products on the subpage of their cart at the moment they click the “Pay now” (or “Complete order”) button.

Customers are kindly requested to read the provisions contained herein carefully before making any purchase in the online shop.

The customer is always bound only by the latest version of these General Terms and Conditions which is valid at the moment of purchase and which, as such, was at all times accessible at the link https://sirup-top7.si/terms. Purchases already made will always be assessed in accordance with the General Terms and Conditions that were in force at the time of the individual purchase.

In the event of a conflict between the provisions of these General Terms and Conditions and any other rules of the company, the provisions that are more specific with regard to the subject matter shall apply.

If a competent court or other competent authority decides that any provision of these General Terms and Conditions is void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in force, insofar as this is possible.

No provision of these General Terms and Conditions creates a relationship of agency or partnership between the company and the user or customer.

The content of the online shop is available to consumers in English, and the company conducts its business in English and Slovenian; a contract with the company may be concluded in English or Slovenian.

These General Terms and Conditions do not govern the protection of personal data and the use of cookies in connection with the online shop, nor do they provide the information under Article 13 of the General Data Protection Regulation (GDPR); instead, this area is set out in the General Information on Personal Data Protection, published at the link:  https://sirup-top7.si/privacy

Amendments to these General Terms and Conditions

Upon the implementation of additional services and technologies, upon the occurrence of new circumstances and in all other cases that give rise to it, the company reserves the right to amend these General Terms and Conditions. If these General Terms and Conditions are amended, the company will do everything in its power to inform users or customers thereof via the usual electronic communication channels (e.g. an e-mail message sent to the e-mail address of the user or customer), or by means of a notice published in the online shop.

The publication of the above-mentioned notice and the fact that the customer has clicked the “Pay now” (or “Complete order”) button and placed a new order after the amendment of these General Terms and Conditions constitute the customer’s consent to the amendment in question of these General Terms and Conditions.

If the customer does not agree with an amendment to these General Terms and Conditions, they must notify the company thereof no later than the placing of a new order under the amended General Terms and Conditions, whereby in such cases the company has the right to refuse to do business with such a customer or to withdraw from the concluded contract within a withdrawal period previously agreed with the customer.

In any event, only the General Terms and Conditions in force at the relevant time will be published on the subpage https://sirup-top7.si/ of the online shop.

The “Mandatory information provided by the company to consumers before the distance purchase of products” contained in these General Terms and Conditions forms an integral part of the contract between the company and the customer and, as such, may be amended subsequently (i.e. after the purchase has been made) only with the express consent of both contracting parties.

Storage of and access to the text of these General Terms and Conditions

The company permanently stores this (latest) and previous versions of these General Terms and Conditions. Each customer may at any time request the company to send them the General Terms and Conditions that were in force at the time of their purchase. The company will send them free of charge on a durable medium, and the General Terms and Conditions in question constitute a valid contract between the customer and the company.

In the above case, you may contact the company at any time by sending in that regard:

- an e-mail to the address: support@byrokko.com

- or a written request by post to the address:

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.
Poslovna cona Žeje pri Komendi, Pod topoli 5
1218 Komenda

Liability for the operation of the online shop

The company endeavours to ensure that access to and use of the online shop via customary means of communication are available to all users in an uninterrupted, undisturbed and secure form; however, this may be hindered by numerous factors which the company cannot influence.

Consequently, the company is not liable to users of the online shop in connection with delayed operation of the online shop and any inability to access the associated content and products offered in the online shop, nor with regard to downloaded data, photographs, video and audio content and other published content, to which the user agrees by using the online shop.

In the event of major serious outages of the online shop, the company reserves the right to cancel all orders made during the partial or complete non-operation of the online shop, whereby in such cases the company will always inform all users who validly placed their orders at that time and will agree with each of them individually on any refund of the purchase price or delivery of the products.

The company enables users to access the online shop by means of communication and free of charge, whereby the use of and access to the online shop may involve costs outside the company’s control (e.g. the cost of electricity, payment for an internet connection, payment to the operator for mobile data transfer, etc.).

A competent court may order the company to stop or prevent an infringement that a user would commit in the online shop, or to remove unlawful content or disable access to it for the purpose of detecting and preventing criminal offences, protecting privacy, protecting classified information and trade secrets. Such a proposal may also be submitted to the court in the public interest by the administrative authorities competent for supervision, in accordance with sector-specific legislation, and in all such cases, insofar as this does not conflict with the order or applicable regulations, the company will inform the user concerned thereof by e-mail.

The security of the technical and communication means used, the network, the e-mail inbox or address used, passwords and the user account is the responsibility of the individual user or customer.

Product descriptions and photographs

The company provides product information, product images and other information regarding products to visitors with the greatest possible care and up-to-dateness, although there may be shortcomings as regards their accuracy. When entering product data into the online shop, there is always the possibility of typographical and other errors in the information provided. All mandatory and prescribed data are always stated on the product or its label or packaging.

All product photographs are for illustrative purposes only and do not reflect or guarantee the characteristics of the actual product. On receipt of the product and before using it, the instructions for use and other important information from the manufacturer must be read carefully. In the event of any discrepancy between the published data and the actual characteristics of the product, you may notify the company thereof at the address support@byrokko.com and withdraw from the contract in accordance with the chapter “Withdrawal from the contract” or “Claims for material defects and complaints” of these General Terms and Conditions.

Use of the online shop by minors and persons with limited or no legal capacity

By visiting, navigating and making a purchase in the online shop, the visitor always warrants to the company that they are at least 16 years of age and have the appropriate legal capacity to conclude a contract.

The company does not accept orders from persons under the age of 16 or from persons with limited or no legal capacity. All such persons must leave the online shop immediately, before navigating the online shop, confirming the installation of cookies, making a purchase or any other interaction.

The purchasing process in the online shop was designed in line with the principle of personal data minimisation. Consequently, the company collects neither users’ years of birth nor information on whether the user or customer has full legal capacity to make a purchase in the online shop.

Consequently, the company does not knowingly offer products from the online shop’s range to minors or to persons with limited or no legal capacity, does not knowingly process any personal data relating to them, and does not offer free access to products that could be harmful to children.

If the company itself subsequently discovers that it is processing personal data of a minor or of a person with limited or no legal capacity without the consent of a parent or guardian, it will do everything necessary to have all personal data submitted by such persons erased and any concluded contracts terminated.

If the parents or guardians of a minor or of a person with limited or no legal capacity discover that their child or ward is using the online shop, or discover that such a person has made a purchase with the company despite the above prohibition of use, they may notify the company thereof at the address support@byrokko.com, and the company will withdraw from the concluded contract and erase all personal data of such a person. In such cases, the chapter “Withdrawal from the contract by the company” or the chapter “Withdrawal from the contract” of these General Terms and Conditions shall apply mutatis mutandis.

The company will not knowingly communicate with or advertise to individuals regarding whom it has been informed, or has itself established, that they are under the age of 16 or that they have limited or no legal capacity.

Purchasing process in the online shop (technical steps for concluding the contract)

The user makes a purchase in the online shop by carrying out the steps described below using a means of communication:

• navigating to the online shop via a browser that the user opens on their own device;
• searching for and viewing products in the online shop’s range by clicking on the illustrative product images or by navigating to the menu (the symbol of three horizontal lines in the upper right-hand corner of the online shop) and selecting product categories from the drop-down menu;
• viewing an individual product by clicking on the illustrative product image and selecting the quantity to be purchased by clicking on the relevant pack;
• adding the selected pack or product to the cart by clicking the “Add to cart” button and proceeding to checkout;
• before completing the purchase, the products in the cart, their quantities, prices and discounts and any gifts to which the user is entitled if they complete the purchase are reviewed on the cart subpage. At this point, the quantities of products in the cart can also be changed by entering the quantity in the appropriate input field, or an individual product can be removed by changing the quantity to “0”, and the total price including VAT and shipping costs (“Total to pay”) is reviewed and the payment method is reviewed and selected (cash on delivery, PayPal, payment by bank card). The customer can also follow in real time the amount still missing to qualify for free shipping (i.e. the amount stated on the subpage of the final payment step) and at this point has the option of adding new products or gift packs to the cart;
• to complete the purchase, the user must enter, on the left-hand side of the cart subpage, the data required to process the order (first name, surname, name on the doorbell/company name, e-mail address for delivery, postcode and town, country or region, and telephone number for notifications regarding the order and any delivery instructions), or data about their company, select the payment method (cash on delivery, PayPal, payment by bank card) and, if they agree with all provisions of these General Terms and Conditions and wish to complete the purchase, click the “Pay now” (or “Complete order”) button, thereby placing their order;
• by clicking the “Pay now” (or “Complete order”) button and upon successful placement of the order – i.e. receipt of the order confirmation at the e-mail address entered, the contract between the customer and the company for the purchase of the selected products is concluded,
• the above-mentioned order confirmation contains a summary of the entire order together with the order number, the order status, a list of the products ordered, their quantities and prices, and the total price of all products charged to the customer in connection with the purchase, including all delivery costs, taxes and any other charges;
• upon confirmation of the order, the company may also inform the customer by e-mail of the expected delivery period if it differs from the one published in the online shop at the time of the customer’s purchase, whereby, where these two periods differ, the customer may in that case withdraw from the contract (order) without any consequences, and the company will refund the payment made (see the chapter “Withdrawal from the contract” of these General Terms and Conditions). The customer also receives, in a separate message, a code for tracking the order once the order has been dispatched to their address.

Withdrawal from the contract by the company

The company reserves the right, for a justified reason, to withdraw from the concluded contract at any time despite having received and confirmed the order, where:

- despite the company’s continuous efforts to ensure that the quantities offered in the published product range of the online shop reflect their actual stock, the products ordered in a confirmed order are no longer available;

- an obvious error or material mistake is detected in the description or price of a product;

- the customer has knowingly provided the company with incorrect or untrue data, in particular for the purpose of circumventing any age restriction regarding the purchase of products or the use of the online shop, or for any other purpose that is clearly misleading;

- the payment has been declined or cannot be carried out, of which the company is notified by the relevant provider of payment services or of the payment method;

- the company receives from a competent public authority or from the provider of payment services or of the payment method a notification of misuse of a bank card, or of any other misuse or the existence of a criminal offence, which requires the annulment of the contract or payment;

- it can be inferred from previous dealings between the company and the customer that the customer will abuse the right to return products to which they are entitled as a consumer under the Consumer Protection Act;

- in the case of a customer who is not a consumer but a legal entity, the commencement or existence of bankruptcy proceedings or other liquidation proceedings is detected which could hinder the execution of the payment;

whereby in this regard the provisions of “Refund of payments to the customer in the event of withdrawal from the contract” of these General Terms and Conditions shall apply mutatis mutandis.

Technical means for identifying and correcting errors before placing an order

Before placing an order, the user is able, via the graphical user interface, with immediate effect, easily and without difficulty, to:

• see and review the products they have selected and added to the shopping cart;
• see and review the description of each individual product, its price and the total price of the entire selected quantity of products;
• change the selected quantity of an individual product and calculate the new price of the quantity so changed or the new total price of the order (by entering the new number of the selected quantity in the appropriate input field on the cart subpage);
• remove selected products they do not wish to buy (by entering a reduced quantity in the appropriate input field on the cart subpage), thereby automatically reducing the total amount of the order.

Before confirming the order, the user is able, via the graphical user interface, with immediate effect, easily and without difficulty, to;

• change the selected quantity of the selected product;
• change the data entered (e.g. for delivery of the products, for payment, etc.)
• change the selected payment method and;
• review and confirm individual changes to the order;

whereby at each step of the purchase the customer has the option of going back one step (e.g. clicking the “Back” button in the browser, clicking on a new field of the drop-down menu that opens by clicking on the symbol of three horizontal lines in the upper left-hand corner of the shop, clicking on the company logo, etc.).

Product prices

All stated product prices apply at the moment the order is placed and remain valid until the adoption of a new price list or an individual update of the prices of products in the online shop’s product range. The product offer is valid for as long as the products of the sales range are in stock or on offer.

All prices in the online shop are retail prices of the products and, as such, are stated in euros and include VAT. Product prices are valid while stocks last.

The prices in the online shop are retail prices of the products which do not include delivery costs; these are displayed and taken into account when the user selects the delivery method at checkout, whereby upon selection of an individual method the corresponding delivery price is added to the final purchase price, as set out in more detail in the chapter “Delivery” of these General Terms and Conditions.

In the case of discounts and other promotions affecting the final price of an individual product, these will always be published in a manner that allows the user to distinguish between the price before and after the reduction, with the exception of any promotional codes or discount codes, which are always applied when they are entered at the relevant checkout step.

The unit price of an individual product is not indicated where the unit price is identical to the published retail price of the product, or where it would not otherwise assist in comparing prices, or where different products are sold in the same packaging, all of which follows from the very nature or purpose of the products.

Payment methods

Purchases in the online shop can be made in the following ways:

• payment by the bank cards listed on the cart subpage,
• cash on delivery,
• Payment via the PayPal service

After receipt of payment by means of the above payment methods, the company will hand the order over to its delivery partners as soon as possible, as stated in the chapter “Delivery” of these General Terms and Conditions.

Sending of the invoice

Upon the purchase of products, the company sends the relevant invoice to the customer’s e-mail address. The invoice shows an itemised price including VAT and any other costs associated with the purchase.

The customer is obliged to check the correctness of the data submitted before placing the order. The company does not accept subsequent objections regarding the correctness of issued invoices.

Delivery

The company works with various delivery partners, which it selects at its own discretion. :

• General Logistics Systems, logistične storitve d.o.o., Cesta v Prod 84 1129 Ljubljana Slovenia,
• DHL Express (Slovenija), hitra dostava širom Sveta d.o.o., Špruha 19, 1236 Trzin, Slovenia.

The company and its delivery partners deliver products within the territory of the Republic of Slovenia and within the European Union.

Expected delivery time

The hours during which delivery partners make deliveries are, as a rule, between 08:00 and 20:00 (Monday to Friday) or 08:00-14:00 (on Saturday).

The expected delivery time, which is for information purposes only, is usually 2-5 working days, whereby the delivery time from the moment the company hands the product over to the delivery service is outside its control.

The company therefore reserves the right to extend the expected delivery time by 48 hours and is not liable for any damage that the customer or a third party may incur because the delivery partner has exceeded the expected delivery time, or due to the occurrence of other circumstances that are likewise outside the company’s control (e.g. natural disasters).

Delivery price

The price of delivery to all countries we deliver to is 3,90 €, except where the total amount of the order exceeds the amount for free shipping, which is stated on the subpage of the final payment step, in which cases shipping is consequently free of charge.

If the customer collects the ordered parcel at a Petrol service station, Petrol d.d. will charge you for the service of handing the parcel over to the customer in the amount of 0,45€ for parcels without cash on delivery, and 1,50€ for cash-on-delivery parcels. The amount applies to each individual parcel handed over.

For part of the amount (1,00 €), General Logistics Systems, logistične storitve,d.o.o.. Cesta v Prod 84 1129 Ljubljana Slovenia has prepared credit notes in the form of a discount code for sending parcels, for each parcel that the customer collects at a Petrol service station. The discount code is the GLS parcel number. The customer can redeem it in the GLS online shop: www.posljipaket.si . The code is valid for one order and expires within one month of collection.

Discounts, promotional codes, discount codes and vouchers

Promotional codes, discount codes and vouchers can be redeemed by the customer entering the code in the appropriate field at the relevant purchase step, as described in more detail in the chapter “Purchasing process in the online shop (technical steps for concluding the contract)”.

Discounts and other benefits affecting the price of products, as well as discounts on products that are specially marked as stated in the chapter “Special product labels”, cannot be combined with one another.

Promotional codes, discount codes and vouchers can be combined with the discount on an individual product, but only one such code or voucher can be applied to each product.

Promotional codes, discount codes and vouchers cannot be exchanged for cash or any other form of benefit from the company.

Special product labels:

•    the label "New" marks a product which, before being placed among the products offered in the online shop, had not yet been available for purchase. A product will carry this label for a minimum of 14 days and a maximum of 2 months.
•    the label "Discount" or “Sale” marks a product whose price has been reduced to a significant extent compared with the price it had before receiving this label. The percentage of the reduction is stated next to the product (i.e. the sale price shown next to the struck-through regular price). Products on sale are also always available in the “Products on sale” section of the online shop.
•    the label "Currently out of stock" or “Currently unavailable” may mark a product which the online shop currently does not have in stock and will not be able to obtain from the supplier within the time otherwise envisaged for delivery of the product in question. In individual cases, it may happen that, owing to products being sold out at sale prices, they are no longer in stock and thus available to order, in which case we will remove the “Discount” or “Sale” label from such products as soon as possible and add the “Currently out of stock” label.

Withdrawal from the contract

When is withdrawal from the contract not possible?

In accordance with Article 43.č of the Consumer Protection Act, the customer, among other things, does not have the right to withdraw from the contract in the case of contracts:

• for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if the consumer has unsealed them after delivery;

Since the online shop is primarily intended for the sale of creams, sprays and other toiletries, the majority of the products sold are a type of goods in respect of which, unfortunately, it is not always possible to withdraw from a concluded distance contract for the supply of goods, if you have already opened the goods.

Withdrawal is likewise not possible for other types of products or contracts that are also set out in Article 43.č of the Consumer Protection Act.

When is withdrawal from the contract nevertheless possible and how is it exercised?

Notwithstanding the above, in all other cases of products you purchase via the online shop, withdrawal from the contract is always possible in accordance with the provisions of these General Terms and Conditions and the Consumer Protection Act.

Every customer (this applies exclusively to natural persons) who acquires a product for purposes outside their gainful activity has the right to notify the company, within 30 days of receipt of the products, that they are withdrawing from the contract (order), without having to give a reason.

The said 30-day period begins on the day the customer acquires the right of possession of the goods (e.g. takes delivery of the parcel from the courier, an authorised person takes delivery of the parcel on their behalf, etc.).

The customer may notify the company of their wish to withdraw from the contract within the above period by sending the completed form provided for by the Consumer Protection Act, which is available to the customer at this link , or by sending an unequivocal statement clearly indicating that they are withdrawing from the contract and which order or products it concerns, to:

• the company’s e-mail address: support@byrokko.com
• the company’s postal address:

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.
Poslovna cona Žeje pri Komendi, Pod topoli 5
1218 Komenda

The notice of withdrawal is deemed to have been submitted in time if the customer sent it to the company within the 30-day period referred to in the first or second paragraph of this chapter. In accordance with the Consumer Protection Act, the burden of proof regarding the exercise of the right of withdrawal lies with the customer.

Returning the products received to the company within the above withdrawal period is also deemed to be notice of withdrawal from the contract (a separate message or form is not required in this case).

In the event of withdrawal from the contract, the customer must always return the products received. Consequently, the only cost borne by the customer in connection with withdrawal from the contract is the cost of returning the products, which, if sent by post or courier, is charged according to the price list of the delivery service chosen by the customer.

Return of products in the event of withdrawal from the contract

In the event of withdrawal from the contract, the customer must always return the products received.

The products must be returned to the company no later than 14 days from the day on which the consumer sent the company the notice of their withdrawal from the contract.

The customer does this by sending the products:

• by post to the company’s postal address:

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.
Poslovna cona Žeje pri Komendi, Pod topoli 5
1218 Komenda

Consequently, the only cost borne by the customer in connection with withdrawal from the contract is the cost of returning the products, which, if sent by post or courier, is charged according to the price list of the delivery service chosen by the customer.

The costs of returning goods which, by their nature, cannot be returned by post shall be borne by the company.

The customer must return the product to the company undamaged and in an unchanged quantity, unless the product has been destroyed, spoiled, lost or its quantity has decreased through no fault of the customer.

The company will not accept returns of products whose packaging or safety seal has been opened where the product belongs to the category of sealed products that are not suitable for return due to health protection or hygiene reasons (e.g. creams, ointments, etc.).

The customer may not freely use the products until withdrawal from the contract. The customer may inspect and test the products to the extent strictly necessary to establish the actual condition of the products. The customer is liable for any diminished value of the goods if the diminution results from handling that is not strictly necessary to establish the nature, characteristics and functioning of the product.

Refund of payments to the customer in the event of withdrawal from the contract

If the company agrees that the customer is entitled to withdraw from the contract, the refund of the payments made, including delivery costs, except for additional delivery costs in cases where the customer chose a form of delivery other than the least expensive standard form of delivery offered (e.g. express delivery), will be made as soon as possible, and no later than 14 days of receipt of the notice of withdrawal from the contract referred to in the chapter “Withdrawal from the contract” of these General Terms and Conditions.

In cases where the company does not agree that the customer’s withdrawal from the contract is justified, it will inform the customer thereof within 5 days of receipt of the notice of withdrawal from the contract, and the customer has the right to initiate a complaint procedure, as stated in the chapter “Claims for material defects and complaints” of these General Terms and Conditions.

The company refunds the payments received to the customer using the same means of payment as the customer used for the purchase in the online shop (usually by payment to the customer’s current account), unless the customer has expressly requested the use of a different means of payment and provided the customer does not incur any additional costs as a result.

In the case of withdrawal from a contract where a voucher, discount code or promotional code was redeemed, these promotional instruments are taken into account as if a discount in the amount of the promotional instrument had applied to the product ordered, and the promotional instruments used are not returned to the customer. Only the amount of the purchase actually paid is ever refunded to the customer. In the case of withdrawal from the contract, a gift voucher is treated as a means of payment and is returned to the user in the form of a new gift voucher, while the amount paid is transferred or otherwise refunded to the customer.

If the customer decides to withdraw from the contract in respect of products forming a set, they may request, for the entire set, an exchange for an identical set or a refund of the purchase price. The customer may exchange a product from the set in the event of a material defect or damage to the product, but may not request a refund of the purchase price for it (rather, a refund is made only in the context of the entire set). When claiming under the guarantee for a product from a set, the manufacturer’s guarantee period applies.

In exceptional cases, the company may also offer the customer to buy back the product with appropriate compensation, which the company determines in a written record upon return. The buy-back at a reduced value is taken into account upon the customer’s confirmation by e-mail. The customer may use the said buy-back amount exclusively when ordering another product of equal or higher value (credit note) from the product range of the company’s online shop.

The right to a refund of the purchase price when claiming under the guarantee and for material defects is governed in more detail by the provisions of the applicable Consumer Protection Act.

Material defects in the product

A product has a material defect if it does not have:

• the characteristics necessary for its normal use;
• the characteristics necessary for the particular use for which the customer is buying it, which was known or should have been known to the seller;
• the characteristics and qualities that were expressly or tacitly agreed or prescribed;
• if the seller has delivered to the customer a product that does not conform to the sample or model.

The customer may claim a material defect in a purchased product when purchasing any product in the online shop if, for example, the product does not work, does not have the characteristics it should have, or is otherwise not in conformity with the offer published in respect of it in the online shop.

When claiming a material defect in a product, the customer may choose between the four rights laid down by the Consumer Protection Act, and may request:

• rectification of the defect,
• replacement of the product with a new, defect-free product,
• refund of part of the amount paid in proportion to the defect,
• refund of the amount paid.

The customer may exercise their rights in respect of a material defect if they notify the company of the defect within two months of the day on which the defect was discovered.

The company is not liable for material defects in the goods that become apparent after two years have elapsed since the item was delivered.

If the subject of the contract between the company and the customer is a used item, the company is not liable for material defects in the goods that become apparent after one year has elapsed since the item was delivered.

A defect in an item is deemed to have existed at the time of delivery if it appears within six months of delivery.

Claims for material defects and complaints

The customer may claim a material defect in a product with the company by sending to:

• the company’s e-mail address: support@byrokko.com
• the company’s postal address:

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.
Poslovna cona Žeje pri Komendi, Pod topoli 5
1218 Komenda

a message stating which products they purchased from the company and when, and what material defect they have detected; it is recommended that the message also include the invoice issued by the company in connection with the purchase of the product in question or other evidence proving that the product was purchased from the company (e.g. an e-mail containing the order confirmation). It is recommended that the message also include images, a video recording or other material explaining the alleged material defect. If necessary, we will ask you for the opportunity to inspect the product with the material defect (e.g. we will arrange, at our own expense, for the product to be sent or collected for inspection).

The customer may also notify the company of the existence of a material defect in person, in which case the company will issue them with a confirmation thereof.

When the company receives the customer’s notice claiming the existence of a material defect (complaint) and if the company agrees that the material defect exists, the company will grant the customer’s proposed claim (rectification of the defect, replacement of the product, refund of a proportionate part of the purchase price, refund of the amount paid) no later than eight days after receipt of the claim for a material defect (complaint), whereby in any cases where fulfilling the customer’s claim would take longer (e.g. a longer time to carry out a repair), the company will notify the customer thereof within the said eight-day period and agree with them on how to proceed further.

Even if the company does not agree with the alleged existence of a material defect, the company will likewise respond to the customer within eight days.

If the customer does not receive a response from the company in this regard within the said period, they may file a report with the Market Inspectorate of the Republic of Slovenia, Dunajska cesta 160 1000 Ljubljana, T: 01 280 87 00 , e-mail address: gp.tirs@gov.si.

The company has also established a system for handling other complaints in connection with products or purchases in the online shop. With regard to any complaint, the user or customer may contact the company via:

• the company’s e-mail address: support@byrokko.com

The company will confirm within five working days that it has received the complaint and will inform the user or customer within a further eight days of the progress of the complaint procedure. The company will make its best efforts to resolve any disputes amicably. If an amicable settlement of the dispute is not reached, the court with subject-matter jurisdiction in Ljubljana shall have exclusive territorial jurisdiction to resolve all disputes between the company and the user or customer. 

These General Terms and Conditions and all disputes between the company and the user or customer are governed by and subject to Slovenian substantive and procedural law.

For all relationships and for rights and obligations not governed by these General Terms and Conditions, the applicable provisions of the Obligations Code, the Electronic Commerce Market Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis.

Out-of-court resolution of consumer disputes

In accordance with the regulations, the company does not recognise any provider of out-of-court consumer dispute resolution as competent to resolve a consumer dispute which the customer could initiate under the Out-of-Court Resolution of Consumer Disputes Act regarding products purchased in the online shop.

The company offers the online shop in the territory of the Republic of Slovenia, i.e. within the European Economic Area, and consequently publishes on its website an electronic link to the online dispute resolution (ODR) platform for consumer disputes. The platform is available to consumers at this link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

Copyright and ownership of intellectual property

The associated software and content of the online shop, including all texts, graphics, logos, buttons, images, audio recordings and computer programs, are the exclusive property of the company or its partners.

All databases (including their selection, arrangement and compilation) that you can access in the online shop are also protected by copyright.

Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance of the software or content in the online shop is strictly prohibited.

Permitted use

The online shop may not be used other than for the following private and non-commercial purposes: (i) viewing the online shop; (ii) interacting with buttons, contact forms and other aspects of the online shop in order to make a purchase, (iii) sharing and publishing a link to the online shop.

The use of automated systems or software to extract data from the online shop site for commercial purposes (“screen scraping”) is strictly prohibited.

Mandatory information provided by the company to users as a provider of an information society service

The company provides easy, direct and simple access to information about its company and registered office, a valid e-mail address for quick and effective communication, and its company registration number and tax number, information on its entry in the register stating the register and the entry number, and the fact that the company is liable for value added tax, at the bottom of the online shop and at the beginning of these General Terms and Conditions. On the date these General Terms and Conditions enter into force, the company does not require any special permits to carry out its activity, does not practise a regulated profession and is not a member of any such professional chambers.

Mandatory information provided by the company to consumers before the distance purchase of products:

• the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services (

including any after-sales services): are always shown in writing and graphically with the description of each relevant product that the user views when navigating the online shop, whereby all product images are for illustrative purposes only,

• information on the company name, the company’s registered office and the company’s telephone number, where available: is stated at the beginning of these General Terms and Conditions and at the bottom of the online shop,

• information on the final price of the goods or service, including taxes, or the manner in which the price is calculated if, owing to the nature of the goods or service, it cannot be calculated in advance: is stated with each individual description of the relevant product and on the cart subpage, which the user accesses by clicking the “Add to cart” button, whereby the manner of calculating the price and the validity of this information are set out in more detail in the chapter “Product prices” of these General Terms and Conditions,

• any additional freight, delivery or postal charges, or a notice that such charges may be payable where they cannot be calculated in advance: are stated on the cart subpage, which the user accesses by clicking the “Add to cart” button, whereby this information is set out in more detail in the chapter “Delivery” of these General Terms and Conditions,

• the terms of payment and the terms of delivery and performance of the service, and the time by which the goods will be delivered or the service performed: are stated on the cart subpage, which the user accesses by clicking the “Add to cart” button, and in the chapters “Delivery” and “Payment methods” of these General Terms and Conditions,

• the company’s complaint-handling procedure: is set out in the chapter “Claims for material defects and complaints” of these General Terms and Conditions,

• notice of liability for material defects: is set out in the chapter “Material defects in the product” of these General Terms and Conditions,

• the existence and conditions of after-sales services and voluntary guarantees / the duration of the contract, where applicable, and the conditions for terminating contracts of indeterminate duration or automatically extended contracts / the functionality, including applicable technical protection measures, of digital content / the interoperability of digital content with hardware and software of which the company is aware or should reasonably have been aware: are not specifically provided to the consumer, as they are not relevant to the products or activity of the online shop.

Other information provided by the company to consumers before a purchase is made regarding:

• the address at which the company actually carries out its activity, the telephone number, fax number and e-mail address of the company, where available, and, where applicable, the name and registered office of the company on whose behalf it is acting and to which the consumer may address any complaint: are stated at the bottom of the online shop and at the beginning of these General Terms and Conditions,
• the conditions, time limits and procedures for exercising the right of withdrawal in accordance with Articles 43.č and b43.d of the Consumer Protection Act, together with the withdrawal form referred to in the fifth paragraph of Article b43.d of the same Act: are set out in the chapter “Withdrawal from the contract” of these General Terms and Conditions,
• a statement that the consumer will bear the cost of returning the goods in the event of withdrawal, where applicable: is set out in the chapter “Return of products in the event of withdrawal from the contract” of these General Terms and Conditions,
• the cost of returning the goods if, in the case of distance contracts, by their nature they cannot be returned by post: is set out in the chapter “Return of products in the event of withdrawal from the contract” of these General Terms and Conditions,
• the costs which the consumer must pay to the business in accordance with the first paragraph of Article a43.e of the Consumer Protection Act if they withdraw from the contract after having made a request in accordance with the seventh paragraph of Article 43.c or the third paragraph of Article a43.č of that Act: are set out in the chapter “Return of products in the event of withdrawal from the contract” of these General Terms and Conditions,
• the non-existence of a right of withdrawal where, in accordance with the fifth paragraph of Article 43.č of the Consumer Protection Act, the consumer does not have a right of withdrawal, or, where applicable, the circumstances in which the consumer loses the right of withdrawal: are set out in the chapter “Withdrawal from the contract” of these General Terms and Conditions,
• the possibility of out-of-court dispute resolution and other legal remedies applicable to businesses, and their accessibility: are set out in the chapter “Out-of-court resolution of consumer disputes” of these General Terms and Conditions,
• the address of the business’s registered office, if different from the address referred to in the previous point, and, where applicable, the address of the company on whose behalf it is acting and to which the consumer may address a complaint / the costs of using the means of communication, if they differ from the basic rate / the existence of codes of conduct and the availability of any codes of conduct / the minimum duration of the consumer’s obligations under the contract / the existence of deposits or other financial guarantees to be paid or provided by the consumer at the request of the business, and the conditions relating thereto: are not specifically provided to the user, as they are not relevant to the products or activity of the online shop.

Entry into force of these General Terms and Conditions

These General Terms and Conditions are valid and apply from 1. 4. 2021 onwards.

SHINE BROWN, proizvodnja, trgovina in storitve, d.o.o.