Terms and conditions

The general terms and conditions of the smigoc.si online store have been drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1) and the Electronic Communications Act (ZEKom-1). The smigoc.si online store (hereinafter the “store”) is operated by Šmigoc d.o.o., Spuhlja 79a, 2250 Ptuj (hereinafter the “provider”).

These general terms and conditions govern the operation of the smigoc.si online store, the rights and obligations of the user and the store, and the business relationship between the provider and the buyer. The buyer is bound by the general terms and conditions in force at the time of purchase (submission of the online order).

Each time an order is submitted, the user is reminded of the general terms and conditions and confirms acceptance of them by submitting the order. The information published on smigoc.si and all images are the property of Šmigoc d.o.o. and may not be used without the company's prior written consent.

You may register with the smigoc.si online store as a registered user (hereinafter a member), either personally or as a representative of a company or organisation, provided that you supply reliable information. The provider will protect all information received in accordance with its privacy rules and will not disclose it to third parties under any circumstances. By registering or making a purchase, every visitor to the smigoc.si online store also becomes a user or buyer. These general terms and conditions govern the operation of the smigoc.si online store, users' rights and the business relationship between the provider and the buyer.

Prices are displayed as Regular prices (the crossed-out prices) and Online prices. Regular prices are usually the manufacturer's or importer's recommended retail prices, or prices set by the provider itself.

The Online price applies to all members of the smigoc.si online store. A user becomes a member of smigoc.si by registering in the smigoc.si online store or by entering the store once as a smigoc.si guest. The smigoc.si mobile application only allows registration as a smigoc.si member.

The Regular price is the price for unregistered users who wish to purchase at our business unit at the company's registered office and are not smigoc.si members. Registration is also possible during the purchase process. All prices include VAT unless expressly stated otherwise. Prices apply at the time the order is submitted and have no predetermined validity period. Despite exceptional efforts to provide the most up-to-date and accurate information, a price may be incorrect. In this case, or if an item's price changes while the order is being processed, smigoc.si will allow the buyer to withdraw from the purchase. Discounts and promotional codes generally cannot be combined. Amounts paid for gift vouchers and pro forma invoices do not earn interest. Gift vouchers and discount bonus codes cannot be exchanged for cash. Prices apply when using the stated payment methods under the stated applicable conditions.

smigoc.si undertakes always to provide the buyer with the following information:

• company details (company name and registered office, registration number);
• contact details allowing quick and efficient communication (email, telephone);
• the essential characteristics of items and services (including after-sales services and warranties) and the period for which this information is valid;
• item availability (every item offered on the website should be available within a reasonable period);
• delivery conditions for items (including the method, place and delivery deadline);
• prices, which must be clear and unambiguous, clearly indicating whether they include taxes, shipping costs and other charges, and the period for which this information is valid;
• payment and delivery methods;
• the validity period of the offer;
• the period within which withdrawal from the contract is possible and the conditions for withdrawal (a description of the right of withdrawal under Article 43.č of ZVPot; where the consumer has no right of withdrawal under Article 43.č of ZVPot, this is expressly communicated);
• an explanation of the complaints procedure, including full details of the contact person or customer relations service;

The sales contract between smigoc.si and the buyer in the smigoc.si online store is concluded when smigoc.si sends the buyer the first email about the status of their order (with the subject: This message confirms receipt of your order.). From that moment, all prices and other conditions are fixed and apply to both smigoc.si and the buyer. The buyer is the person whose details are provided when the order is submitted. Subsequent changes to the buyer's details are not possible.

The sales contract (i.e. the first email about the order's status) is stored electronically on the smigoc.si server.

1. Submitting an order

The buyer selects the desired products by clicking “Add to cart”. The product is then saved in the “Cart”, where the buyer can review the selected products, change the quantity of an item or remove a product. Changes are updated by clicking “Update cart”.

Clicking “Proceed to payment” redirects the buyer to the “Checkout” page. Purchases can be made as a guest or a registered user. Buyers who already have an account can sign in by entering their email address and password and clicking “Sign in”.

To submit an order successfully, the buyer must enter all required information, or this information is filled in automatically when they sign in to their account. The required information includes the buyer's details and the delivery method.

Before completing the order, the buyer selects a payment method. The “Checkout” section allows the buyer to review all entered information, the selected payment method and the order summary. The order is completed by clicking “Place order”, confirming acceptance of the General terms and conditions and the obligation to pay.

2. Order received

After successfully submitting an order, the buyer receives confirmation of receipt at their email address. Registered users can also check the status and details of the order in their account on the provider's website at any time.

3. Order confirmed

If the buyer chooses payment by pro forma invoice, the provider sends the pro forma invoice to the buyer's email address no later than the next working day. Processing of the order begins after payment is received.

If instalment payment through NLB Buy&Go is selected, the order proceeds to further processing. After the NLB Buy&Go system confirms the transaction, the order proceeds to further processing. If necessary, additional verification of the buyer takes place after order confirmation.

The provider may contact the buyer at the supplied telephone number to verify information or ensure accurate delivery. After confirmation, the buyer also receives an email with the expected delivery date (see the Delivery and delivery times section for more information). At this stage, the sales contract between the buyer and the provider is irrevocably concluded.

4.1 Goods dispatched

If the buyer chooses delivery to an address, the provider prepares and dispatches the ordered goods within the agreed period and informs the buyer by email. The notice also contains information about returning goods, the procedure for delivery delays and a contact for complaints.

4.2 Goods ready for collection

If the buyer chooses personal collection, the provider informs them by email when the ordered goods are ready for collection.

The sales contract or order is stored electronically on the provider's server. A copy of the contract is emailed to the buyer after the order is successfully submitted. The consumer may subsequently request a copy of the contract at info@smigoc.si, and the provider will supply it in written or electronic form.

Removing a product from the cart – to remove a selected item, click the delete icon or the “x” beside the product. The item will be removed from the cart.

Changing the product quantity – you can change an item's quantity in the “quantity” field. After making the change, click “Update cart” to save it.

Entering a promotional code – click “Apply discount code”, enter the promotional code in the appropriate field and confirm.

Correcting delivery details – you can change the delivery address and other information during checkout before submitting the order. Edit the information in the relevant “Delivery address” fields.

Cancelling an order already submitted – if you have submitted an order and received the confirmation email, you can cancel it by sending an email to info@smigoc.si. After we receive your message, the order will be permanently cancelled.

For payment by debit or credit card, the payer (as specified in the user's account) must be the same person or organisation as the cardholder. After receipt of the order has been confirmed, the order contents or final amount cannot be changed (except in exceptional cases by agreement with smigoc.si).

A discount code provides various benefits for purchases through the smigoc.si online store and is valid for a limited period. An active discount code can be found on the front page of an advertising message, on an individual department's page, in our email newsletter or in other media.

How to use a discount code:

• Select the products you wish to buy and place them in the cart. The purchase value must exceed the discount amount. When you have finished adding items, continue by clicking the Cart button;
• In the same step, enter the discount code in the Apply discount code field and confirm by clicking Apply discount;
• Only one discount code can be applied to the purchase of a single item;
• When a discount code is entered, the discount is automatically deducted from the order price at the final step – Checkout;
• A discount code cannot be used more than once;
• It is a single-use code, which means you may use it only once;

You can find a discount code on an individual category's page or on the front page of a message, or receive it through our email newsletters or other media. If the buyer uses a discount code and later cancels the purchase, they are no longer entitled to a new code.

A promotional code provides various benefits for purchases through the smigoc.si online store and is valid for a limited period. An active discount code can be found on the front page of an advertising message, on an individual department's page, in our email newsletter or in other media.

How to use a promotional code:

• Select the products you wish to buy and place them in the cart. Your order value must exceed the discount code's value. When you have finished adding items, continue by clicking the Cart button;
• In the same step, enter the discount code in the Discount code, gift voucher, promotional code field and confirm by clicking Apply discount;
• Only one discount code can be applied to the purchase of a single item;
• When discount codes are entered, their value is automatically deducted from the order price at the final step – Checkout;
• A discount code cannot be used more than once;
• It is a single-use code, which means you may use it only once;

You can find a promotional code on an individual category's page or on the front page of a message, or receive it through our email newsletters or other media. If the buyer uses a discount code and later cancels the purchase, they are no longer entitled to a new code.

PURCHASE PROGRESS NOTIFICATIONS

1. Ordering procedure at smigoc.si

When the buyer submits an order, they receive an email: This message confirms receipt of your order. Members can always access information about their orders' status and contents. After a member submits an order, smigoc.si reviews it, checks the availability of the ordered products again and confirms it, or may reject it with a reason. To verify delivery, smigoc.si may also call the buyer at the telephone number supplied with the order. For items not held in its own warehouse, smigoc.si depends on delivery by its supplier or manufacturer and the time required for that supplier or manufacturer to deliver the item to smigoc.si. smigoc.si keeps the buyer informed by email about the progress and delivery of the order or items. If the delivery period is very long and the buyer does not wish to wait for an individual item, they may inform smigoc.si, which will remove the item from the order and refund any amounts already paid. The remaining items will either be delivered or the entire order cancelled, according to the buyer's choice.

Product unavailable

If an ordered product cannot be supplied because stock has sold out, the supplier cannot supply it or information on the website was displayed incorrectly, we will inform the buyer as soon as possible by email or telephone. If payment was made before order confirmation, the order will not be fulfilled and the entire amount paid will be refunded to the buyer's bank account or payment card as soon as possible.

2. Order ready for collection / your products have been dispatched

smigoc.si prepares and dispatches the items to the buyer within the agreed period, or prepares them for personal collection, and informs the buyer electronically or by telephone. If the buyer decides in time to cancel the order, they must immediately inform the seller at the telephone number listed in the contact details or by email at info@smigoc.si. If the order has already been dispatched, the buyer may refuse the parcel from the delivery service. For personal collection, the buyer may likewise communicate their wish to cancel the order by calling the stated number or sending an email.

The purchase process for legal entities is exactly the same as for individuals, except that you enter the company details under the delivery address at Checkout.

If you request an invoice issued to a company, you accept the terms and conditions applicable to companies. The main difference concerns withdrawal from the contract: companies, sole traders and other legal entities may return delivered items under the warranty conditions. These legal entities cannot withdraw from the contract without a reason within 14 days of receiving the item, as consumers (individuals) can. Refunds are not available for legal entities. The General terms and conditions of smigoc.si also apply to purchases by legal entities.

The smigoc.si online store offers legal entities the following payment methods:

• cash on collection at the company's registered office (cash payment limit of €420 including VAT);
• debit or credit card (Eurocard/Mastercard, Maestro, Visa, Visa Electron, BA Maestro);
• bank transfer to the account of Šmigoc d.o.o. (based on an offer/pro forma invoice);

For individual orders, we reserve the right to require payment by bank transfer to the smigoc.si account based on an offer/pro forma invoice, with the same price still applying. After payment under the offer/pro forma invoice is received, the order proceeds to processing.

Items carry a warranty if stated on the warranty certificate or invoice. The warranty is valid when the instructions on the warranty certificate are followed and the invoice is presented.

A consumer may make a material defect claim for any purchased product, whether or not it carries a warranty. Thus, for a defect in a product covered by a warranty, the consumer may exercise their material defect rights, including when they do not wish to claim under the warranty provided for that product.

The consumer may choose to request: rectification of the defect, a refund proportional to the defect, replacement of the goods or a refund of the amount paid.

How to make a material defect claim?

When exercising material defect rights, the consumer must notify the retailer within the statutory period, describe the defect in detail in the notice and allow the seller to inspect the product.

Notify us of a material defect claim at: info@smigoc.si

Checking an item's conformity when making a material defect claim:

The item subject to the claim is compared with a fault-free item of the same type and with the manufacturer's statements or the information on the item itself.

A defect is material:

1. if the item lacks the properties necessary for its normal use or for trade;

2. if the item lacks the properties necessary for a particular use for which the buyer purchases it and which was known or should have been known to the seller;

3. if the item lacks the properties and characteristics expressly or implicitly agreed upon or prescribed;

4. if the seller has delivered an item that does not match the sample or model, unless the sample or model was shown for information purposes only;

The right to make a material defect claim for an item is governed in more detail by the Consumer Protection Act.

In accordance with the law, smigoc.si undertakes to permanently protect all users' personal data in accordance with ZVOP-1.

smigoc.si will use personal data exclusively to fulfil the order (sending information materials, offers and invoices) and for other necessary communication with the member.

smigoc.si stores the following information about smigoc.si members:

• first name and surname;
• email address;
• contact telephone number;
• primary address and delivery addresses;
• country of residence;
• registration time and date;
• communication archive;

Buyers' personal data is used to process orders and deliveries and to inform them about news at smigoc.si. If you do not wish to receive these notices, you may unsubscribe at any time. In accordance with the Consumer Protection Act, users' data will not be disclosed to unauthorised persons under any circumstances. Users are also responsible for protecting their personal data by keeping their email address, username and password secure and ensuring appropriate software protection for their computer.

smigoc.si makes every effort to ensure that information published on our website is current and accurate. Nevertheless, item characteristics, delivery times or prices may change so quickly that smigoc.si cannot update the website information in time. In such cases, smigoc.si will inform the buyer of the changes and allow withdrawal from the contract or replacement of the ordered item.

smigoc.si strives to provide accurate and current product, price and availability information. Nevertheless, obvious publication errors may exceptionally occur. If an obvious error occurs in a product description or technical data, smigoc.si will immediately inform the buyer and allow them to withdraw from the order free of charge or choose another appropriate solution. If a published price contains an obvious and unambiguous error resulting from a technical or system fault and differs significantly from the product's usual market or selling price, smigoc.si reserves the right to inform the buyer of the error and propose withdrawal from the contract or conclusion of a contract under the correct conditions, in accordance with the applicable legislation of the Republic of Slovenia.

smigoc.si complies with applicable consumer protection legislation and strives to fulfil its duty to provide an effective complaints handling system.

In the event of problems, the buyer may contact the seller smigoc.si by telephone on 02 77 54 103 or by email at info@smigoc.si. Complaints are submitted to info@smigoc.si. The complaints procedure is confidential.

Out-of-court resolution of consumer disputes

In accordance with statutory provisions, Šmigoc d.o.o. does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a consumer may initiate under the Out-of-Court Resolution of Consumer Disputes Act.

smigoc.si, which as a provider of goods and services offers an online store in the Republic of Slovenia, publishes on its website an electronic link to the online dispute resolution platform (ODR). The platform is available to consumers at the link below:

Online dispute resolution

The above arrangement derives from the Out-of-Court Resolution 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