General Terms and Conditions of Business

The following general terms and conditions of business apply in connection with the visited website and store https://kajtvajb.com/ and the purchase of products on it.

Seller or provider of the website and store:

Mojca Kalčič s.p.

Smast 15

5222 Kobarid

(hereinafter: “the company or organization or Kajtvajb”)

Kajtvajb is not liable to pay value added tax (VAT).

Introductory definitions of terms

- Kajtvajb.com online store (hereinafter: online store): means the online store accessible at the link https://Kajtvajb.com/ together with associated subdomains and server and other infrastructure, on which the buyer has access to the online store’s offer,
- KAJTVAJB is the developer and provider of the online store and the seller of related products and services listed on various parts of the online store.
- General Terms and Conditions of the online store https://Kajtvajb/ (hereinafter: General Terms and Conditions): with these General Terms and Conditions, the company regulates the conclusion of distance contracts with consumers via the World Wide Web in connection with the purchase of goods or services from the online store’s offer, which, in accordance with the Consumer Protection Act, the Electronic Commerce Market Act, and the Electronic Communications Act, as well as other laws and secondary legislation, constitutes an information society service and requires the company to provide the consumer with the information contained herein.
- online store offer: encompasses the offer of goods, goods with digital elements, digital content offers, and service offers that the company itself or with the help of its partners provides to consumers for distance purchase in the online store. The online store offer always represents the offer that was available to the consumer in the online store on the day of purchase and included the main characteristics of the goods, content, or services to an extent appropriate to the data medium and the goods, content, or services;
- functionality: is the ability of goods, digital content, or a digital service to perform its functions according to its purpose,
- interoperability: is the ability of goods, digital content, or a digital service to work with hardware or software different from that with which digital content or digital services of the same type are usually used,
- visitor to the online store (hereinafter: user or visitor): is a person who has visited or navigates through the online store and its subpages,
- purchase: conclusion of a distance contract for the purchase of selected products, services, or digital content or services by placing an online order at the published price, with descriptions and specifications from the online store’s offer and in accordance with the terms and conditions of the General Terms and Conditions valid at the time the order was 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 income-generating activity,
- buyer: is a visitor or consumer who has successfully completed a purchase in the online store. If the buyer does not meet the definition of a consumer (e.g. the purchase in the online store is made by a legal entity), the company is not obliged to provide such a buyer with the guarantees that 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 order has been placed, to inform such a buyer which parts of these General Terms and Conditions apply or govern their relationship, and such a buyer can then decide whether to insist on the order,
- product / item / goods: any movable item in the online store’s offer, which includes the quantity, specification, functionality, and other characteristics contained in the accompanying description,
- service: if the consumer purchases (i.e. orders) the performance of a service from the online store’s offer, the company undertakes, on the basis of these General Terms and Conditions, to perform the relevant service for the consumer (within the deadlines, quantity, or specifications, or while respecting other characteristics contained in the accompanying description of the service in the online store’s offer), and the consumer pays the stated price for this,
- serious service outages: are outages that result in the non-functioning of the online store and related subdomains or the dedicated part of the online store, causing the unavailability of the online store and thus a potentially longer outage in the availability of or access to digital content or services, which, according to their description, can be offered to the buyer continuously or on the dedicated part of the online store,
- Consumer Protection Act: means the Consumer Protection Act (ZVPot-1) (Official Gazette of the Republic of Slovenia, No. 130/22 along with any subsequent amendments).

Copyright and intellectual property protection

The text of these General Terms and Conditions and other legal documents of the online store, as well as its accompanying software and all databases (including their selection, arrangement, and composition), and all content, including all texts, graphics, logos, trademarks, images, audio and video recordings, are the exclusive property of the company or its partners.

The license terms for the use of digital content and services from the online store’s offer, developed by the company or by third parties, are regulated in more detail by the license terms stated in the individual digital content or service, or via dedicated links.

Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the online store’s software or content is strictly prohibited.Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the online store’s software or content is strictly prohibited.

Access to the online store and responsibility for uninterrupted operation of the online store

To visit and use the online store, the visitor needs their own communication device with suitable hardware and software that enables the transfer, display, and exchange of data and information via the internet.

Visiting and using the online store are free of charge (with the exception of the usual and predictable costs incurred by the visitor when using the communication device, such as payment for the electrical connection, internet connection, mobile data plan, etc.).

Responsibility for the proper functioning, use, and protection of one’s own communication device (e.g. password security, security of the email inbox through which the visitor exchanges key messages with the company regarding the purchase, installing updates to the browser and other software, etc.) lies with the visitor.

Despite the company’s persistent efforts to offer the possibility of access to and operation of the online store in the expected, secure, unobstructed, and correct form, outages may occur in terms of delayed functioning and inability to access the online store, which are beyond the company’s sphere of influence and for which the company assumes no responsibility.

Consequently, the company is not liable to visitors in connection with limited or discontinued availability of the online store or in connection with any consequences of outages in its operation (except as expressly defined in the section “Access to digital content or services and permitted and serious service outages” in the case of possible unavailability of digital content or services), which the visitor agrees to by visiting and using the online store.

In the event of outages in the operation of the online store, the company reserves the right to cancel all orders placed during a period of partial or complete non-operation of the online store, whereby in such cases the company will always notify all visitors who validly placed their orders at that time, and will individually arrange with them, as soon as possible, for a refund of the purchase price or the delivery of the products.

Age restriction regarding the use of the online store and placing an order

The company does not accept orders from persons under the age of 15 or from persons with limited or revoked legal capacity.

In compliance with the principle of minimizing collected personal data, the company does not condition access to the online store or the completion of a purchase on entering the individual buyer’s year of birth, nor does it verify the age of visitors or buyers in other ways.

Consequently, by visiting the online store, navigating through it, and placing an order, the visitor always guarantees to the company that they are older than the above-stated age limit and that they have full legal capacity or have obtained the appropriate consent of their parent or guardian in connection with the purchase they wish to make in the online store.

If the company itself subsequently determines that it is processing the personal data of a person who has not reached the above-stated age, the company reserves the right to withdraw from the fulfillment of a not-yet-executed order and delete the personal data of such a person.

In carrying out its advertising and other promotional activities, the company knowingly does not advertise goods, services, digital content, or services from the online store’s offer in a way that would contain elements that cause or could cause physical, mental, or other harm to children, or elements that would exploit or could exploit their trust or lack of experience.

Language versions of the online store and language of business

The content of the online store is available to Slovenian consumers in the Slovenian language, and the company also conducts its business with them in this language.

The company follows and implements the general principle of complete and equal access for every consumer to the online store and strives to treat all consumers equally, regardless of their citizenship or place of residence. A possible exception to the above may occur in connection with special sales conditions (e.g. regarding license restrictions on the purchase of digital content, objective reasons regarding the availability of payment methods, etc.) or regarding the limited range of countries to which the company delivers its goods (or in which the company offers its services), as more precisely defined in the relevant sections of these General Terms and Conditions.

If a visitor wishes to voluntarily access another available language version of the online store, and such a version is already validly published online, the visitor can do so by changing the extension of the online store link in their browser from “.si” to the extension of the other selected language version of the online store, or in another generally accepted and expected way (e.g. by clicking on the image of a foreign flag, if available on the relevant part of the online store).

The visitor can freely and at their own discretion switch to another available language version of the online store and make a purchase there.

Purchases made in connection with the offer on any other language versions of the online store will usually be assessed on the basis of the general terms and conditions published on the relevant language version of the online store, if the consumer is a resident of the relevant country and the company has actively advertised its goods or services to them.

Conclusion of the sales contract and validity and application of these General Terms and Conditions

These General Terms and Conditions constitute a sales contract between the company and the buyer, which the buyer concludes with the company in connection with the selected products on the shopping cart subpage at the moment of purchase, i.e. when they click the “Pay now” button or a comparable button for purchasing products or placing an order, marked as such at the final step of the purchase (as described in more detail in the section “Purchase process in the online store and technical procedures for concluding the contract”), and thereby receives an order confirmation at the entered email address (or at the email address associated with their registered user account, when they make the purchase as a registered user of the online store).

We kindly ask buyers to carefully read the provisions contained herein before making any purchase in the online store.

The buyer is always bound only by the latest version of these General Terms and Conditions, valid at the time of purchase, which was as such always available at the link https://kajtvajb.com/splosni-pogoji-poslovanja/.

Already completed purchases will always be assessed in accordance with the General Terms and Conditions valid at the time of the individual purchase.

If there is a discrepancy between the provisions of these General Terms and Conditions and any other provisions that may have been published on subpages of the online store or elsewhere, the provisions contained in these General Terms and Conditions shall apply.

If a competent court or other competent authority decides that any provision of these General Terms and Conditions, in the sense of an individual distance purchase (i.e. a contractual relationship with a consumer who, through the purchase, entered into a contractual relationship with the company governed by these General Terms and Conditions), is void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in effect, insofar as this is possible.

No provision in these General Terms and Conditions creates a relationship of representation or partnership between the company and the visitor to the online store or the buyer.

These General Terms and Conditions do not regulate the protection of personal data or the use of cookies in connection with the online store, and do not provide information under Article 13 of the General Data Protection Regulation (GDPR); rather, this area is defined in the General Information on the Protection of Personal Data, published at the link: https://kajtvajb.com/obvestilo-o-obdelavi-podatkov.

Amendments to these General Terms and Conditions

Changes to the functionality of the online store, the emergence of new legal requirements, or all other justifiable cases may give rise to the need to amend these General Terms and Conditions.

If these General Terms and Conditions are changed, the company will notify visitors or buyers of this via the usual electronic communication channels or by means of a notice that it will publish in a timely manner on the online store or on its official social media profiles.

The publication of the above notice and the fact that the buyer has placed a new order after the change to these General Terms and Conditions constitute the buyer’s consent to the relevant change to these General Terms and Conditions.

If the buyer does not agree with a change to these General Terms and Conditions, they are obliged to notify the company of this no later than the placing of their next order under the changed terms, whereby in such cases the company has the right to refuse to do business with such a buyer or to withdraw from the concluded contract within a withdrawal period previously agreed with the buyer.

Only those General Terms and Conditions that are valid at the time of purchase will always be published on the subpage https://Kajtvajb.com/splosni-pogoji-poslovanja/ of the online store.

The information stated in the section “Preliminary information and information provided by the company as a provider of information society services” forms, in the case of a purchase, an integral part of the contract between the company and the buyer, and as such may subsequently (i.e. after the purchase has been made) be changed only with the express consent of both the company and the buyer.

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

The company undertakes to permanently store these General Terms and Conditions and their past versions. Any buyer can request at any time that the company provide them with the General Terms and Conditions that were valid at the time of their purchase, and the company will provide them free of charge within a reasonable period on a durable medium.

In the above case, the buyer can contact the company at any time by sending their request in this regard via the company’s official email address, stated at the beginning of these General Terms and Conditions, or a physical request to the address:

Mojca Kalčič s.p.

Smast 15

5222 Kobarid

E-pošta: info@kajtvajb.com

Technical means enabling the identification and correction of errors before placing the order

Before placing the order, the visitor is enabled, via the graphical interface, to easily and without difficulty, with immediate effect:

sees and reviews the goods, services, digital content, digital services, or goods with digital elements that they have selected and added to the shopping cart;
sees and reviews the description of the goods, service, digital content, digital service, or goods with digital elements, its price, and the total price of the entire cart;
changes the selected quantity of individual goods, services, digital content, digital services, or goods with digital elements on the fly, whereby a new price for the changed quantity or a new price for the entire order is automatically calculated (whereby the visitor can achieve the same result by entering a new quantity number in the appropriate input field on the shopping cart subpage);
removes goods, services, digital content, digital services, or goods with digital elements that they do not wish to purchase (whereby the visitor can achieve the same result by entering a reduced quantity in the appropriate input field on the shopping cart subpage), thereby reducing the total order amount.Delivery

Before confirming the order, the visitor is enabled, via the graphical interface, to easily and without difficulty, with immediate effect:

changes the selected quantity of the selected goods, service, digital content, digital service, or goods with digital elements;
changes already entered data (e.g. regarding delivery, notifications, etc.);
changes the selected payment method; and
reviews and confirms individual changes to the order;

whereby at each purchase step the visitor has the option to go back one step (e.g. click the “Back” button in the browser, click a new field in the drop-down menu, click a section in the top menu, or click on the company logo).

Product prices

All stated product prices are valid at the time of purchase and remain valid until the adoption of a new price list (i.e. the mass introduction of new prices into the online store’s offer) or the individual update of product prices in the online store’s offer.

The offer of products is valid as long as the products are in stock in the online store’s offer or in the offer, and as such they are valid until stocks are sold out.

Prices in the online store are the products’ selling prices, which do not include delivery costs. These are shown and taken into account when the visitor selects the delivery method or location at checkout, whereby the corresponding delivery price is added to the final purchase price once a particular method is selected, as more precisely defined in the “Delivery” section 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 way 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 calculated upon their entry at the relevant checkout step.

The unit price for an individual product is not indicated if the unit price is the same as the published selling price of the product, or when this would not otherwise contribute to price comparison, or when different products are sold in the same packaging, all of which arises from the very nature or purpose of the products.

All prices in the online store are stated in euros.

Product prices are not adjusted based on automated decision-making.

Payment methods

Purchases in the online store can be made in the following ways, which are available for the buyer to choose at the final step of the purchase:

payment by bank transfer to the company’s account (details sent to the buyer by email after placing the order). The company will not ship or deliver the product until it receives the funds in its account;
cash on delivery.

Any costs associated with the choice of a particular payment method are stated at the final step of the purchase.

After receiving payment based on the selected payment method, the company will hand over the order to delivery partners as soon as possible, as stated in the “Delivery” section of these General Terms and Conditions.

In case of the “cash on delivery” option, the company will contact the buyer at the entered email address (or exceptionally via the entered phone number) and coordinate with them regarding the place and time of collection, and provide information on whether the purchase price can be settled in cash, by card payment, or via a UPN payment form.

In cases where the option of cash-on-delivery payment is available to the buyer, which will be visible and selectable at the relevant step of the purchase, the company reserves the right, in the event of an uncollected pending shipment (or multiple uncollected pending shipments related to the same buyer), to bring claims against the buyer for damages incurred by the company in this connection, to which it is entitled under the provisions of civil law.

Invoice delivery

The company issues the consumer an invoice for the goods sold, the service performed, or the digital content delivered, either as a physical document included in the ordered package, or in the form of a .pdf document, whereby such an invoice is sent to the buyer’s email address.

The company issues the invoice free of charge, regardless of the format and method of delivery.

The invoice states the itemized price and any indication of the VAT amount (if relevant), as well as a specification of all other costs related to the purchase.

The company enables the buyer to check the accuracy of the invoiced amount in relation to the agreed characteristics and quantity of the purchased goods, the service performed, or the digital content delivered.

The buyer is obliged to check the accuracy of the submitted data before placing the order.

The buyer can contact the company regarding the correction of an already issued invoice via the company’s official email address, which is stated at the beginning of these General Terms and Conditions.

The company reserves the right to disregard subsequent objections regarding the accuracy of issued invoices if the errors on the invoice arise from actions or deficiencies on the part of the buyer.