General terms and conditions of Špica šport online store

General operating conditions of Špica šport online store are drawn up in accordance with the Consumer Protection Act (ZVPot), recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for e-business. Spica sport online store is an information system, intended for the presentation and sale of products to the user. It is managed by the company Spica sport, Ales Leben, s. p. – bellow: the provider. A user is a person who uses the provider’s system – a customer in an online store. When registering in the online store, the visitor obtains a username (that is the same as his email address, which he specifies in his profile) and a password. The username and password unambiguously determine and associate the user with the entered data. After registration, the visitor becomes a user and acquires the right to purchase. The general terms and conditions deals with the operation of the Spica sport online store, user rights and the business relationship between the provider and the customer.

Information availability

The provider commits to provide the customer the following information at all times:

  • Basic information about the identity of the company (name and headquarters of the company, tax number);
  • contact information that enables the user to communicate quickly and efficiently (e-mail, telephone);
  • description of the essential characteristics of products or services (including after-sales services and guarantees);
  • information about product availability (every product and every service offered on the website should be available within a reasonable time); deadlines may be extended due to the situation relation to covid-19;
  • conditions of product delivery or service performance (option, place and deadline of delivery);
  • all prices (these must be clearly and unambiguously determined and it must be clear whether they already include tax and delivery costs);
  • payment and delivery options information
  • information on the time validity of the offer;
  • the period that still allows contract withdrawal and conditions for that, including how much (if any) it costs the customer to return the product;
  • explanation of the procedure in case of a possible complaint, including all information about the contact person or customer service department.

Prices and validity of the offer

All prices include VAT and are expressed in euros (EUR), unless it is explicitly stated otherwise. Prices are valid at the time of placing the order and are valid only when ordering online, so for some products there may be a discrepancy between price in online store and price in provider’s store.
All prices and other information are informative and may change without prior notice. Price may also change due to changes in the exchange rate or due to market conditions.

Despite the extreme care to provide the most up-to-date and accurate information, it may happen that the price information is incorrect In this case, or in case that the price changes during the processing of the order, the Spica sport online store will allow the customer to withdraw from the purchase, while offering him a solution that will ensure mutual satisfaction. Gift vouchers cannot be exchanged for cash.


Promotional offer validity

Validity periods of the promotions are indicated next to the promotional offer itself and may be different from each other.


Advertising messages

Advertising online messages must be clearly and unambiguously marked as advertising messages. The sender must be clearly recognizable. The provider will unconditionally consider the user’s wish not to receive advertising messages.

Disclaimer

The provider makes every effort to ensure that the information published on its pages is up-to-date and correct. Nevertheless, product properties, availability and price can change so quickly that the provider fails to correct the data in the online store in time. In such a case, the provider will inform the customer about changes and enable him to cancel the order or replace the ordered product. All product photos are symbolic and do not necessarily represent product features. The provider assumes no responsibility for typing errors. If the product is not in stock, the price may change with the new delivery – the provider will inform the customer about that.

Complaints and disputes

The provider works according to the applicable consumer protection legislation. The user can send any complaints and claims to the e-mail address prodaja@spica-sport.si or by regular mail to the address:
Spica sport, Ales Leben, s. p., Ljubljanska cesta 4 a, 1241 Kamnik, Slovenia.

Within eight days, the provider must confirm that it has received the complaint, inform the user how long it will take to process it, and keep him informed about the progress of the procedure. The provider makes every effort to resolve any disputes consensual.

Out-of-court consumer disputes solving

In accordance with legal norms, the company Spica sport, Ales Leben, s. p., does not recognize any provider of out-of-court solving of consumer disputes as competent to resolve a consumer dispute that a consumer could initiate in accordance with the act on out-of-court resolution of consumer disputes.

In accordance with regulation (EU) no. 524/2013 of the European Parliament and the Council on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2016/2004 and directives 2009/22/EC company Spica sport, Ales Leben, s. p., publishes an electronic link to the platform for the online resolution of consumer disputes (SRPS). The platform is available to consumers here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

Payment options

The Spica sport online store enables the user the following payment options:

  • By C.O.D. (cash on delivery). You pay the amount to the carrier directly on receipt of the goods. The maximum allowed cash on delivery amount is 250 €;
  • by credit card / PayPal;
  • when picking up articles at the Spica sport store (Ljubljanska cesta 4 a, 1241 Kamnik) during working hours (for legal entities, the limit of cash payment up to 420 € including VAT applies);
  • by payment in advance to bank account of the company Spica sport according to the proforma invoice; when ordering, the buyer receives a proforma invoice by e-mail, the ordered products are sent to the buyer after receiving the money to the provider’s bank account;
  • installment purchase with bank cards is only possible in our store; the minimum installment amount is 50 € (in case of installment payment with credit cards, the amount of the discount is reduced by 3 %);
  • purchase in installments with the Leanpay service is also possible online; the terms of use of the Leanpay service are published on the website www.leanpay.si and may change without prior notice.

The provider issues an invoice to the customer with itemized costs and instructions, how to withdraw from the purchase and return the products, if necessary and possible.
The sales contract (order) is stored in electronic form on the provider’s server and is accessible to the customer at any time in his user profile (My account).

Delivery

The provider must deliver the products within the promised time. Delivery for the Spica sport online store is carried out by the GLS delivery service.

Delivery is free for all orders (except bicycles for adults) over 80 €, for orders under 80 €, the delivery cost is 5 € and is uniform for the whole of Slovenia.

Right to withdraw from the purchase, return the products

The consumer has the right to notify the provider in writing that he withdraws from the contract within 14 days of receiving the products, to the contact e-mail address prodaja@spica-sport.si. He must then return the products to the provider within 30 days of the written notice of withdrawal from the purchase, bearing the direct costs of the return himself. Products must be unused and undamaged, stored in undamaged original packaging.
If the product is damaged or the packaging is damaged, the provider has the right to refuse to return the product or to refund only a part of the purchase price.
An electronic device (clocks, counters) that was turned on is considered used and cannot be returned!
When returning the product, a copy of the order or account must be attached. Cost of returning the products must be payed by the buyer. When returning products, the provider enables the package prepared for return to be picked up by the GLS delivery service (if buyer wants to use this option, he must notify it when withdrawing from the contract).
If the refund is approved, the provider will refund the buyer the entire purchase price (purchase price with possible delivery costs) as soon as possible, but no later than thirty days after receiving the consumer’s cancellation of the purchase.

43.č ZVPot https://zakonodaja.com/zakon/zvpot/43c-clen1

Products that are not in the regular offer of the online store (and are clearly marked as such) cannot be returned. (The possibility of a complaint or asserting a material error nevertheless applies.)

Packages that the GLS contractual partner accepts for the provider must not exceed the following dimensions:

  • length: 200 cm
  • width: 80 cm
  • height: 60 cm
  • total length and girth: 300 cm

Calculation of total length and girth: 2x height + 2x width + 1x longest side. The maximum allowed weight of a single package is 31.5 kg.

Damaged shipments return

If the package is damaged, part of the contents is missing or shows signs of being opened, the buyer must initiate a complaint procedure with the goods delivery company (GLS). Together with the provider, he will ensure that the complaint will be resolve in the shortest possible time.

Complaint

The buyer can (within the warranty period) claim the product if:

  • the product does not correspond to the description presented by the provider in the online store;
  • the seller sent the wrong product, the product in the wrong quantity or color, or if the products deviate from the buyer’s order in any other way;
  • the product does not fit its purpose;
  • the quality and performance of the product does not correspond to the usual products of this type.

After prior agreement with the provider, the product can also be returned via delivery company, otherwise the return can be made in person in the store.

If the seller informs the buyer in advance that the product has a defect or is not of adequate quality, the buyer cannot make a claim for this defect.

A completed warranty form is required for a successful claim, which is available HERE.
The Špica šport online store undertakes to resolve the complaint within 30 days. Otherwise, the buyer can request an identical or similar product or a refund.

A factual error

It is a factual error when:

  • the product does not have the properties necessary for its normal use;
  • the product does not have properties that are necessary for the specific use for which the buyer is purchasing it and which the seller is aware of or should be aware of;
  • the product does not have the agreed or prescribed properties and features;
  • the product does not match the sample or model.

How to enforce the factual error?

The buyer must notify the provider of a potential factual error within the statutory deadline – within two months of the discovery of the defect, provide a precise description of the defect, and allow the provider to inspect the product at the same time. The online store will inform the customer about the solution to the factual error within 8 days of receiving the form.

The form for reporting a factual error is available HERE.

The right to enforce a factual error in the product is more precisely regulated by the Consumer Protection Act.

Purchase for legal entities

The purchase process for legal entities is exactly the same as for regular buyers, except that in the first step, the buyer selects the Company account option and confirms agreement with the terms and conditions.

If the buyer wants an account for a company, he accepts the business conditions that apply to companies. The main difference is in the possibility of withdrawing from the contract: the provider allows companies, independent entrepreneurs and other legal entities to return the delivered products within the warranty conditions. The listed legal entities do not have the option of withdrawing from the contract within 14 days of taking over the product without reason, as is the case for consumers (regular buyers).

Delivery time

Delivery time is expressed in number of working days. Products in stock will be sent to the customer’s address on the same day or the next working day at the latest. The delivery time for products that the provider does not have in stock is 10-14 days, except in the case that the supplier also does not have the products. In this case, the provider will notify the customer about the delivery date of the product at a later date.

Terms and conditions are valid from 1st March 2022. 3. 2022.