CONDITIONS, DEADLINES AND PROCEDURE FOR EXERCISE THE RIGHT TO WITHDRAW FROM THE CONTRACT IN THE CASE OF DISTANCE CONTRACTS
In the case of contracts concluded at a distance or outside the business premises, the consumer has the right to notify the company within 14 days that he withdraws from the contract, without having to give a reason for his decision, in accordance with Article 134 ZVPot-1.
In the case of a sales contract, the withdrawal period for contracts concluded at a distance begins on the day when:
- the consumer or a third party other than the carrier named by the consumer acquires actual possession of the goods;
- the consumer or a third party other than the carrier named by the consumer acquires actual possession of the last piece of goods, if the subject of the contract is several pieces of goods ordered by the consumer in one order;
- the consumer or a third party other than the carrier named by the consumer acquires actual possession of the last shipment or piece of goods, if the delivery of goods consists of several shipments or pieces;
- the consumer or a third party, who is not the carrier and named by the consumer, acquires actual possession of the first piece of goods, if the delivery of the goods is regular during a certain period (paragraph 1 of Article 136 ZVPot-1).
The buyer must notify the provider unequivocally of the withdrawal from the contract at the address UNIKA TTI d.o.o., Volaričeva ulica 1, 6230 Postojna, Slovenia phone number +386 5 700 00 30, email address info@unikashop.si about his decision to withdraw from this contract (e.g. with letters sent by post or e-mail).
The consumer can submit the notice of withdrawal from the contract to the company on the form for withdrawal from the contract, which can be found here or with an unambiguous statement from which it is clear that he is withdrawing from the contract. The form with information regarding the exercise of the consumer’s right to withdraw from the contract (Form IOP) can be found here.
It is considered that the consumer has submitted a withdrawal statement in time if it is sent within the deadline set for withdrawal from the contract.
In connection with withdrawal from the contract, the consumer only covers the costs of returning the goods. (Paragraph 2 of Article 141 ZVPot-1).
The consumer is only responsible for the reduction in the value of the goods, if the reduction in value is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods. (Paragraph 1 of Article 142 ZVPot-1). In case of return of damaged or used goods or if there are other similar circumstances from paragraph 1 of Article 142 ZVPot-1, the company will assert a claim against the consumer for reimbursement of the reduced value of the goods.
The provider is obliged to return all payments received, including delivery costs, immediately or at the latest within 14 days after receiving the notice of withdrawal from the contract (except for additional costs due to the choice of a type of delivery that is not the most affordable standard form of delivery offered by the company).
The provider returns the received payments to the consumer with the same means of payment that the consumer used, unless the consumer has expressly agreed to the use of another means of payment and the consumer bears no costs as a result.
The provider may withhold the refund of the received payments until the returned goods have been accepted or until the consumer provides proof that he sent the goods back, unless the provider offers the possibility to collect the returned goods himself. (Article 143 ZVPot-1).
Unless the contracting parties have agreed otherwise, the consumer does not have the right to withdraw from the contract in the following cases of contracts: on the supply of sealed audio or video recordings and computer programs, if the consumer has opened the security seal after delivery (item 5 of Article 135 of the ZVPot- 1), on the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if the consumer has opened the seal after delivery (item 7 of Article 135 ZVPot-1), on the supply of goods that, due to their nature, are inseparably mixed with other objects (point 8 of Article 135 of ZVPot-1) and in other cases of contracts, as specified in Article 135 of ZVPot-1.
For more detailed information on the product return procedure, you can call the provider’s phone number 05 700 00 30.
MANDATORY WARRANTY FOR THE COMPLIANCE OF THE GOODS
I) COMPLIANCE REQUIREMENTS
The seller is responsible for the non-conformity of the goods, in accordance with the provisions of ZVPot-1. (See Article 71 ZVPot-1 et seq.)
The seller supplies the consumer with goods that meet the subjective and objective requirements for the conformity of goods from Articles 72, 73 and 74 of ZVPot-1 (Official Gazette of the Republic of Slovenia, No. 130/22), when appropriate, and is responsible for non-conformities that the goods had at the time of delivery.
II) WARRANTY PERIOD
The seller is responsible for any non-conformity of the goods that exists at the time of delivery of the goods and that becomes apparent within two years of the delivery of the goods. (Paragraph 1 of Article 78 ZVPot-1).
It is assumed that the non-conformity already existed at the time of delivery if it appears within one year of the delivery of the goods, unless the seller proves otherwise or if this presumption is incompatible with the nature of the goods or the nature of the non-conformity. (Paragraph 1 of Article 80 ZVPot-1).
III) WARRANTY CLAIMS IN CASE OF NON-CONFORMITY
In the case of non-conformity of the goods, the consumer, who has notified the seller of the non-conformity under the conditions and in the order specified by ZVPot-1, is entitled to:
requires the seller to establish the conformity of the goods free of charge;
requests a reduction of the purchase price in proportion to the non-compliance or withdraws from the sales contract and requests a refund of the amount paid.
In any case, the consumer also has the right to demand compensation for damages from the seller, and in particular reimbursement of the costs of materials, spare parts, work, transfer and transportation of goods, which arise due to the assertion of a warranty claim, as stated in the previous paragraph. (See Article 81 ZVPot-1).
The consumer can request the seller to establish conformity free of charge, namely by notifying the seller of the non-conformity and requesting that the latter, within a reasonable period not exceeding 30 days, establish the conformity of the goods free of charge without significant inconvenience to the consumer, taking into account in particular the nature goods and the purpose for which the consumer needs the goods. The 30-day period may be extended to the shortest time necessary to complete the repair or replacement, but for a maximum of 15 days. (See Article 82 ZVPot-1).
The consumer can exercise his rights due to non-conformity only if he informs the seller about the non-conformity within two months from the date on which the non-conformity was established. The consumer must accurately describe the non-conformity in the notice of non-conformity. The consumer can notify the seller of non-conformity in person, for which the seller issues a receipt or sends it to the store where the goods were purchased, or communicates it to the seller’s representative with whom he concluded the sales contract. The consumer must allow the seller to inspect the goods that the consumer claims are non-compliant (Article 84 ZVPot-1).
In case of non-conformity of the goods, the consumer can also notify the seller by filling out and sending to the seller’s address info@unikashop.si. or UNIKA TTI d.o.o., Volaričeva ulica 1, 6230 Postojna, a completed form for returning non-conforming goods.
The form for returning non-conforming goods can be found here.
In order to establish the conformity of the goods, the consumer can choose between the repair of the goods and the replacement of the goods with a new one, unless the fulfillment of the selected warranty claim is impossible or the fulfillment of the selected warranty claim represents disproportionate costs for the seller compared to another warranty claim, taking into account all the circumstances (4. paragraph 82 of Article ZVPot-1).
The consumer may request a proportional reduction of the purchase price or withdraw from the sales contract in any of the following cases:
– the seller did not repair or replace the goods or, when applicable, did not complete the repair or replace the goods in accordance with the law, or rejected the consumer’s warranty claim to establish the conformity of the goods;
– the non-conformity exists, even though the seller tried to establish conformity;
– the nature of the non-compliance is so serious that it justifies an immediate proportional reduction of the purchase price or withdrawal from the sales contract;
– the seller has stated, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer.
In any case, the consumer may withdraw from the sales contract and request a refund of the amount paid, if the non-conformity occurs within less than 30 days of the delivery of the goods (paragraphs 1 and 2 of Article 83 ZVPot-1).
