General Terms and Conditions of the INOTHERM d.o.o. online store

Introductory provisions

The General terms and conditions of the INOTHERM d.o.o. online store (hereinafter: “GT&Cs”) are drawn up in accordance with the Consumer Protection Act (hereinafter:“ZVPot-1”), the Personal Data Protection Act (hereinafter:“ZVOP-2”) and the Electronic Communications Act (hereinafter:“ZEKom-2”).

The INOTHERM d.o.o online store (hereinafter: “online store”) is operated by INOTHERM d.o.o., proizvodno in trgovsko podjetje, Prigorica 98, SI-1331 Dolenja vas, company registration number: 5490839000, VAT ID number: SI40972437, which is also an e-commerce service provider (hereinafter: “seller” or “INOTHERM”).

These GT&Cs set out the operation of the online store, as well as the rights and obligations of the user and of the online store, and regulate the business relationship between the seller and the buyer.

The buyer is bound by the version of the GT&Cs that is valid at the time of their purchase (placement of an online order). When placing an order, the user is always specifically reminded of the GT&Cs, and confirms that, by placing their order, they are familiar with these GT&Cs. The GT&Cs are also available as a PDF at https://shop.inotherm.si/.

Types of users

When a visitor logs into the online store once via e-mail, they become a guest in the online store (hereinafter: “guest”); when they confirm their registration, they become a member of the online store (hereinafter: “member”). Guests and members of the online store (hereinafter jointly: “users”) acquire the right to make a purchase in the online store.

Both member registration and one-time guest log-in are carried out on the online store’s website.

When registering in the online store, the user receives a username and password. The member’s username and password uniquely identify the member and link them with the information entered.

Accessibility of information

INOTHERM undertakes to provide the user with the following information before they are bound by a contract or offer:

  • information about INOTHERM (name and registered office of the company, company registration number);
  • contact information that allows the user to communicate quickly and efficiently (e-mail, telephone);
  • the main characteristics of the item and its final price, including taxes, or the method used to calculate the price if it cannot be calculated in advance due to the nature of the item;
  • information about any additional transportation, delivery or shipping costs, or a warning that such costs may be incurred if they cannot be calculated in advance;
  • payment terms, delivery conditions and delivery deadline for goods;
  • information about the seller’s complaints procedure;
  • familiarisation with the legal guarantee of conformity of goods;
  • information about the possibility and conditions of after-sales services and voluntary guarantees (market guarantees), if necessary;
  • functionality, including applicable measures for technical protection of goods with digital elements, where applicable;
  • information about the compatibility and interoperability of goods with digital elements, or digital content or digital services of which the company is aware or of which it should be aware.

Available items

Due to the nature of online business transactions, the items available in the online store are frequently and quickly updated and changed.

Items in the online store may bear the following codes:

  • “Currently out of stock“: the item is currently not available;
  • “Sold out“: the item is no longer available;

Order

The sales contract between the seller and the buyer is concluded in the online store at the moment when the buyer receives the first e-mail from the seller regarding the status of their order (with the subject: Order Receipt Confirmation). The sales contract is concluded subject to the suspensive condition that the seller receives the full payment of the purchase price. By concluding a sales contract, all prices and other conditions, as derived from the placed order, become final and binding for both the seller and the buyer. The buyer is the person whose information was provided when placing the order. Buyer information cannot be changed at a later point in time. The sales contract (the first e-mail regarding the status of the order) is stored electronically on the seller’s server.

Payment methods

The online store accepts the following payment methods:

  • using a payment card or a credit card (MasterCard, Visa, Visa Electron, BA Maestro, Diners Club);
  • Paypal;
  • via bank transfer to the seller’s account, as per the offer/proforma invoice.

For certain orders, the seller reserves the right to request payment via bank transfer to the seller’s account, as per the offer/proforma invoice.

The seller will begin processing the order only after receiving the full payment.

Invoicing

After delivering the ordered items, the seller shall send an invoice in PDF format to the buyer’s email address. The buyer shall receive an invoice for each separate order or for each separate shipment within an order.

The invoice shall detail the price and all costs related to the purchase, and also provide information about the right to withdraw from the contract.

The buyer must check the correctness of the information before placing an order. The seller will not accept any objections regarding the correctness of the issued invoices if raised at a later time.

Prices

All prices shall include VAT unless explicitly stated otherwise.

Prices are applicable at the time of placing the order and are not valid for a predetermined period.

Prices apply when paying with the provided payment methods, under the conditions stated above.

Personal data protection

The seller shall protect all personal data obtained from users for the purpose of conducting the sales process in its online store, in accordance with personal data protection regulations. The seller may only use personal data obtained from users for the purposes for which it was obtained. The user agrees that the seller may send them individual notifications regarding the seller’s offer. At any time, the user may withdraw their consent to the use of personal data for direct marketing purposes.

Purchase notification process

After placing an order, the buyer shall receive an e-mail notification confirming that their order has been received. Members shall have continuous access to detailed information about the status and content of their order on the online store’s website. The seller shall review the order, verify the availability of the items ordered, and either confirm the order or reject it, providing the reason for the rejection. The seller may call the buyer using their contact telephone number to verify any information or to ensure the accuracy of delivery. The seller shall keep the buyer informed via e-mail with up-to-date information regarding the delivery of the items ordered. If the delivery time is excessively long and the buyer does not wish to wait, the buyer may notify the seller who shall then remove the item in question from the order, refund any money already paid, and, at the buyer’s discretion, either ship deliver the remaining items or cancel the entire order. The seller shall accept no liability for any damage resulting from longer delivery times or a failure to deliver the items that the seller does not have in stock, unless the damage was caused intentionally or through gross negligence by the seller or a person for whom the seller is responsible.

Upon receiving payment for the purchase price within the agreed time frame, the seller shall prepare and ship the item, notifying the buyer via e-mail and SMS. In the e-mail, the seller shall also provide information about the withdrawal policy, contact details for any delivery delays, and contact details for filing a complaint. The seller shall not receive any SMS responses to SMS messages sent by them; therefore the buyer must contact the seller using the published contact methods (e-mail address and telephone number).

If the buyer, as a consumer, decides to withdraw from the contract in a timely manner, they must immediately notify the seller by phone at +386 (0)1 8350 812 or via e-mail at shop@inotherm.si  If the order has already been shipped, the buyer shall refuse to accept the shipment from the delivery service.

Consumer right to withdraw from the contract

The buyer, as a consumer, shall be entitled to notify the seller, within 14 days of receiving the items that they are withdrawing from the contract, without having to provide a reason for their decision. The deadline begins the day after the items are received. The consumer shall notify the seller of their withdrawal from the contract by sending an e-mail to shop@inotherm.si. The form for withdrawing from the contract for items is available to users at https://shop.inotherm.si/.

In the event of withdrawal from the contract, the consumer must return the received item(s) by post to Prigorica 98, SI-1331 Dolenja vas. If the consumer returns the received items to the seller within the withdrawal period, it shall be considered as notification of withdrawal from the contract.

The consumer must return the items to the seller in their original condition and quantity, unless the item has been destroyed, damaged, lost, or its quantity has decreased through no fault of the consumer. The consumer may inspect and test the items to the extent which is strictly necessary to assess their actual condition. The consumer shall be held liable for any reduction in the value of the goods if it results from any conduct that has not been strictly necessary to establish the nature, properties, and functioning of the goods.

The only cost borne by the consumer when withdrawing from the contract is the cost of returning the items, which, in the case of shipping, is charged according to the applicable price list of the delivery service used. The item must be returned to the seller within 14 days from the date the buyer sends a notice of withdrawal from the contract.

In certain cases, including but not limited to situations described below, withdrawal from the contract is not possible:

  • goods or services whose price depends on market fluctuations beyond the seller’s control, which may occur during the contract withdrawal period;
  • goods that are manufactured according to the consumer’s specific instructions and tailored to their personal needs;
  • goods that are perishable or have a short shelf life;
  • for services that the consumer is liable to pay for, if the seller has fully performed the contract and the service began with the consumer’s express prior consent, in the framework of which the consumer also agreed to forfeit their right to withdraw from the contract once the seller has fully performed it;
  • sealed goods that are not suitable for return due to health or hygiene reasons if the consumer has broken the seal after delivery;
  • goods which, by their nature, are inseparably combined with other items;
  • a contract under which the consumer has explicitly requested a home visit from the seller to carry out urgent repairs or maintenance. If, during such a visit, the seller provides any additional services not explicitly requested by the consumer or delivers goods that are not essential spare parts for the maintenance or repair, the consumer shall be entitled to withdraw from the contract for those additional services and goods.

The right to a refund in the event of a warranty claim or non-conformity of goods is governed in detail by the provisions of the Consumer Protection Act.

Warranty

Items are covered by a warranty if this is stated on the warranty certificate or the invoice. The warranty shall apply if the instructions on the warranty certificate are followed and the invoice for the purchase is presented. Warranty periods are stated on warranty certificates or the invoice.

Conformity of goods

The seller shall be liable to the consumer for any lack of conformity of the goods that exists at the time of delivery of the goods and becomes apparent within two years of delivery. It is presumed that the lack of conformity of the goods already existed at the time of delivery if it becomes apparent within one year of the delivery, unless the seller proves otherwise or if this presumption is inconsistent with the nature of the goods or the specific lack of conformity in question.

The consumer may exercise their rights arising from non-conformity if they notify the seller of said non-conformity within two months from the date when the non-conformity was discovered. The consumer’s rights under the guarantee for the conformity of goods shall expire two years from the date the consumer notifies the seller of the non-conformity.

A consumer who has properly notified the seller of a defect shall be entitled to utilise the following remedies (in the order listed):

  • request the seller to bring the goods into conformity free of charge;
  • request a reduction in the purchase price in proportion to the non-conformity, or withdraw from the sales contract and request a refund of the amount paid.

The non-conformity of the goods arises:

  • if the goods do not match the description, type, quantity and quality, and do not possess the functionality, compatibility, interoperability and other features, as required by the sales contract;
  • if the goods are not fit for the particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance;
  • if the goods are not delivered with all accessories and instructions, including on installation, as stipulated by the sales contract, and
  • if the goods are not supplied with updates, as stipulated by the sales contract.

For the goods to be compliant, they must also comply with the following requirements:

  • be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, other regulations, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;
  • where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the sales contract;
  • where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and
  • be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling, unless the seller can show that:
  • the seller was not, and could not reasonably have been, aware of the public statement in question;
  • by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or
  • the decision to buy the goods could not have been influenced by the public statement.

The consumer must inform the seller of any possible non-conformity of the goods, along with a detailed description of said non-conformity, within the legally prescribed period, while at the same time allowing the seller to inspect the item in question. The form for exercising rights due to non-conformity of goods can be found at https://shop.inotherm.si/. The right to assert guarantee claims arising from any non-conformities is further detailed by the provisions of the Consumer Protection Act.

Collection of items returned under the guarantee or non-conformity assessment process

After the assessment process, the buyer must collect any items furnished to the seller for guarantee assessment process or for any other reason. The item shall be returned to the buyer’s delivery address. If the buyer does not collect the item within the specified period, the item shall be handed over to the seller for safekeeping. The seller shall store the item in their own warehouse for 6 months from the date of notification. The seller shall be entitled to receive reimbursement for any storage costs incurred during this period and has the right to be reimbursed for all costs necessary to preserve the item. After 6 months from the date of notification, the seller may sell the item and transfer the purchase price to the buyer, minus their sales and other costs. If the item’s value is negligible, the seller may donate it to charity; in this case, the seller shall not be required to provide a refund to the buyer. The seller shall notify the buyer 15 days before the end of the 6-month storage period about the planned sale or donation of the item; after the sale, the seller shall notify the buyer of the price achieved, the associated costs, and the transfer of the remaining purchase price to the buyer’s transaction account.

Return due to damage in transit

The buyer shall be required to inspect the ordered items upon receipt and to notify the seller as soon as possible of any irregularities, as the seller must comply with the delivery service’s deadlines and conditions when dealing with damage in transit.

Delivery

The seller’s contractual partners for shipment delivery in Slovenia are Pošta Slovenije and TNT; however, the seller reserves the right to choose another delivery service.

Communication

The seller shall only contact the user through distance communication means if the user does not expressly object to this, and in accordance with the provisions of the ZEKom-2 and the ZEPT.

The seller’s promotional emails shall contain the following components:

  • they will be clearly and unambiguously marked as advertising messages;
  • the sender (INOTHERM) will be clearly marked;
  • various campaigns, promotions and other marketing techniques will be marked as such, with the participation conditions also clearly defined;
  • the method for opting out of receiving advertising messages will be clearly presented;
  • the seller shall fully respect the user’s wish to not receive advertising messages.

Limitation of liability

INOTHERM shall make every effort to ensure that the information published on company websites is up-to-date and accurate. However, item features, delivery times, or prices may change so quickly that INOTHERM may not be able to correct the information on the website in time. In this case, INOTHERM will inform the buyer of any changes and offer them the option to withdraw from the contract or replace the ordered item.

Complaints and disputes

The seller complies with applicable consumer protection legislation and strives to discharge its duty to provide an effective complaints handling system. If any issues arise, the buyer may contact the seller by phone at +386 (0)1 8350 812 or via email at shop@inotherm.si. Any complaints should be submitted via email to shop@inotherm.si. The complaint handling process is confidential.

Out-of-court settlement of consumer disputes

The seller does not recognise any out-of-court consumer dispute resolution provider as an authority competent to hear a consumer dispute that may be initiated by the consumer under the Out-of-Court Consumer Dispute Resolution Act.

As a provider of goods and services facilitating online shopping in the Republic of Slovenia, the seller shall publish an electronic link to the online consumer dispute resolution platform (SRPS) on its website. The platform is available to consumers at https://www.gov.si/teme/resevanje-potrosniskih-sporov/.

The aforementioned regulation stems from the Out-of-Court Consumer Dispute Resolution Act and the Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

These GT&Cs are in effect from 17 October 2024.

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