General Operating Conditions of the Online Store “Hi!”

 

General terms and conditions of the hi-official.com provider are drawn up under the Consumer Protection Act (ZVPot, Official Gazette of the Republic of Slovenia, No. 98/2004-UPB2, 126/2007, 86/2009, 78/2011), Electronic Commerce Market Act (ZEPT, Official Gazette of the Republic of Slovenia, No. 96/2009-UPB2), Obligations code (OZ, 97/2007-UPB1) and international e-commerce codes. The Privacy Policy, which complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), is available at the following link.

The online store hi-official.com (hereinafter referred to as “the store”) is managed by Nina Mohorko, S. P., registration number: 8717168000, tax number: 96418443, Address: Loperšice 20, 2270 Ormož, who is also the e-commerce service provider.

General terms and conditions determine the operation of the online store hi-official.com, the store’s and customers’ rights and obligations and manage the business relationship between the HI-OFFICIAL and the customer.

All content in this online store is the property of the provider and is protected by copyright, which is granted by the Copyright and Related Rights Act. It is strictly prohibited to copy, replicate or otherwise reproduce the specified content for commercial purposes without the written consent of the provider. The content can be used for non-commercial purposes, but it is necessary to specify the provider’s copyright and add the absolute URL to the original content in the online store.

The customer is bound by the general terms and conditions that are valid at the time of purchase (online order submission). The customer is alerted to general operating conditions every time an order is submitted. Through a submitted order the customer acknowledges those terms and conditions.

Provider information:

Name: Nina Mohorko, S. P.

Head office: Loperšice 20, 2270 Ormož

Phone number: +386 31 500 907

E-mail: info@hi-official.com

Online store: www.hi-official.com

Tax number: 96418443

Registration number: 8717168000

Bank: NKBM, D. D.

Transaction account: SI56 0400 0027 6205 792

Subject to VAT: No

Legal organisational structure: sole proprietor (S. P.)

Company Desription

Nina Mohorko, S. P. comprises the following business activities: education and production of other clothing, covers and accessories sold under their own market brand “Hi!” The manufacturing process is carried out in the head office and includes the production and sale of original handmade handbags, backpacks and similar fashion accessories; a line of unique clothing is also planned in the near future.

Business security

The manager of this online store uses appropriate technological and software tools to protect the transfer and storage of personal data and payments. The online store uses the SSL certificate for protection. The Secure Sockets Layer (SSL) is a cryptographic protocol which enables secure communication over the computer network, e.g. during web browsing, e-mail correspondence, where the need for confidential data transfer normally appears (e.g. personal data and credit card numbers).

Methods of payment

In the online store hi-official.com, the provider offers the following payment methods:

  • Advance payment to the provider’s transactional account.
    You can settle the payment of the pro forma invoice through a money transfer to the provider’s transaction account. Prepayment for items is only possible by prior arrangement. A prepayment executed without prior arrangement, shall not be a purchase prerequisite.
  • Credit/Debit/Prepaid card payment.

Ordered goods can be paid with the following payment cards: MasterCard, Visa and Visa Electron.

NOTE: When paying with payment cards that have no CVV numbers, the input field is left blank. The system itself detects the type of payment card.

  • Payment via PayPal online payment system.

Information accessibility

The provider undertakes to always ensure access to information for the customer:

(a) Company identity (company name and address, registration number).

b) Contact address for rapid and effective communication (e-mail, telephone).

(c) Key features of goods or services (including after-sales service and warranties).

d) Availability of products (each product or service offered on the website should be accessible in a reasonable timeframe).

e) Conditions for product delivery or service performance (methods, time and place of delivery).

f) All prices should be determined clearly and unambiguously and should indicate whether they are inclusive of tax and delivery charges.

g) Payment and delivery methods.

h) Offer validity period.

(i) Agreement cancellation timeframe and cancellation conditions, including the possible cancelation fee.

j) Appeal procedure, including complete information on the contact person or customer service.

Prices

All product prices are in Euro (€), are valid at the time of the order submission and are without predetermined validity. We reserve the right to change the prices without prior notice. If the listed selling price in the online store is lower than the actual price of the item, the provider must immediately inform the customer about it and notify him/her about the actual price. To our mutual – in this case, the customer’s – satisfaction, we enable the customer to withdraw from the purchase or replace the ordered item.

The purchase agreement between the provider and the customer (customer) is concluded at the moment the provider confirms the order by clicking on the Purchase button and receives an e-mail with the order contents. From that moment on, all prices and other terms of purchase are fixed. In exceptional circumstances, we reserve the right to partially or completely withdraw from the contract, i.e. if the ordered products run out, cannot be shipped within a reasonable period of time or if the online price is lower than the actual price.

Regular prices are prices, set by the provider herself or are specified by the supplier. Published item prices do not include shipping or shipping costs. Any special offers or promotions, published on the store website, are valid within restriction limits or until stock clearance. The customer can employ special promotional codes which modify the price and are to be entered, when the customer is located in the Cart section, before clicking on the Checkout button.

Regular prices are valid if paying with the abovementioned payment methods, under the conditions stated above. Despite the exceptional efforts to provide most current and accurate data, it can occur that the listed price is not correct.  In this case or if the price of the item changes while processing the order, the provider shall allow the customer to withdraw from the purchase while offering a solution to mutual satisfaction.

The order of goods

The order can be processed through the official website of the store hi-official.com with the help of a pre-established form. In case you change your mind, let us know by 11. a. m. on the day of the order submission, – or in case the order is submitted after 12. a.m., the following working day after the order by 11. a. m. is still considered a timely withdrawal. Company NINA MOHORKO, S. P. stores the complete order information, in accordance with the legislation. The customer can gain access to the contract after a prior query per e-mail. The costumer can change the quantity, add or remove a product, or correct possible errors, until the order is confirmed.

Purchase order procedure

Registration on the website is optional; you can also submit your order as a guest. The customer simply fills out the order form with his/her data. Pressing the CART button, you can select any number of items from our offer. If required, the customer can adjust the quantity or remove an individual product at any time, then clicking the Next button, he/she specifies the payment method and enters the delivery data. If needed, you can add a comment. Now, you only have to complete the purchase by clicking on the Confirm Order button. After the order has been submitted, the customer receives an e-mail regarding the received purchase order. The purchase contract between the customer and the provider is irrevocably sealed. It is the customer’s sole responsibility to enter the correct data.

The submitted order information is stored in the online store system for all customers. Registered customers can review all their orders after logging in to the online store with a customer name and password. You can place an order by phone, e-mail, or internet via the online store, and submit corrections or additions to the order.

Order cancellation

The customer can cancel the order within two hours after the order has been submitted by e-mail or telephone and the cancellation is time-limited, as described in the section THE ORDER OF GOODS in great detail. In the message content, specify the required information: the order number, the customer’s name and surname.

Further clarification on the purchase and use of all products.

Each product has to be safely tested before use. If you are not absolutely sure how to test the product or if the product is safe to use, and if you fear it could cause significant property damage or damage to human health, please do not use the product, inform the provider and send it back. All products are used at YOUR OWN RISK and discretion.

We strive for as detailed and accurate description of products and images as possible. Nevertheless, we cannot guarantee for all specified data and images to be perfectly accurate.

The delivery of goods

The contractual partners Pošta Slovenije and DHL Express carry out the delivery of goods.

In the online store, you have the option to choose a different delivery address, such as the payment address. This way, we allow the customer to have goods sent to the address where he/she can be reached in the morning, as delivery is usually carried out at that time of day. Also, the customer can apply this option when he/she wants to send products to another person, but pay for them him/herself. In the latter case, we offer the use of advance payment.

In Slovenia, you shall receive the ordered goods by the delivery service called Pošta Slovenije, in accordance to the price list of the delivery service provider. The intra-Slovenian deliveries are free of charge for all orders. Outside Slovenia, you shall receive the ordered items by the DHL Express delivery service. In the European community is charged EUR 10.00, for delivery to the US and Canada EUR 20.00, and to all other countries EUR 25.00. We reserve the right to change the delivery service and the price list of the delivery. The average delivery time is 1 or 2 working days after the item has been handed to the delivery provider.

The order items are not in stock, they are made by order. The provider sends them in the shortest possible time, mostly within three (3) working days or no later that ten (10) working days from the date of receipt of the order. Saturdays, Sundays, and holidays are not listed as working days. In addition to the goods, the customer also receives an invoice.

The maximum quantity of products is 10 PCS per individual order.

The provider is not responsible for any delays from the delivery service.

At the moment the provider submits ordered goods to the delivery service, he/she stops being held liable for the possible loss of shipment or its damage during delivery. The provider also assumes no responsibility for possible loss or damage of the shipment, when returning an item via delivery service.

Refunds

If the customer terminated the contract according to the terms of withdrawal, the provider is obligated to repay the purchase price via the customer’s transaction account within 14 days of the item delivery. We do not deliver cash refunds. In accordance to purchase contracts, the company can detain a refund of received payments until the goods are returned or until the costumer submits proof that the goods have been sent back, unless the company offers a possibility to simply accept the returned goods with no additional proof necessary.

Warranty

The item is warranted if it is stated on the invoice or the warranty certificate. The warranty is valid, if the instructions on the warranty certificate are strictly followed and if the invoice is properly submitted to the provider. Warranty information is also listed in the Item description page section. If the warranty information is missing, the item has no warranty, or the data is not available at this particular time. In the latter case, the customer can contact the provider who shall provide up-to-date information. The warranty applies only to “hidden” errors that arise without the customer’s influence. The warranty does not apply, if the provider determines that mechanical damage or contact with the liquid has occurred. In case service or repair is not possible, the product is replaced with a new one. Defective parts shall be repaired after the product is returned to the company.

Right of withdrawal

In the case of small traders, the customer under EU Law does not have the right to return the goods (replacement or refund) unless the product is defective. However, we allow you to return or replace purchased goods within a certain period of time, in case you have changed your mind and want another item, or you have decided to purchase the items too quickly, and you do not actually want the product.

Within 14 days of the receipt of goods, you can contact the provider in accordance with the Consumer Protection Act (ZVPot) via the following e-mail: info@hi-official.com to withdraw from the contract or purchase order, without specifying the reason for such decision; but only if the product is unsealed, enclosed in the original packaging, which is not damaged and – of course – not used. If you were to share the reason of your withdrawal, we would be extremely grateful, as we strive to resolve any possible errors immediately. The only cost charged to the customer in relation to the withdrawal of the contract, is the direct cost of returning the goods (the cost of the postage is paid by the customer). The goods must be returned to the provider no later than 14 days from the receipt of the ordered goods. We recommend you notify us via e-mail address or call our phone number before returning the goods so we can discuss the proper repayment method.

We do not accept shipments with ransom.

If the consumer has already received the goods and later withdraws from the contract, he/she must return or deliver the goods to the company or the person authorised by the company to receive the goods, without delay or at the latest 14 days after the receipt of the goods, unless the company officials offer to retrieve the goods themselves. The consumer shall be deemed to have returned the goods in a timely manner if they are sent within the 14-day refund period, and if the goods are properly recovered (unused, undamaged, intact).

The customer that withdrew from the contract or the order, must return the goods undamaged, in the original packaging and in unchanged quantities. If the merchandise has been subjected to physical damage or the quantity to invoice does not match the delivered quantity, the customer is obliged to pay for the resulting damage.

The company is entitled to delay the refund of the received payments until the goods are returned, or until the consumer has submitted proof that the goods have been sent back; unless the company officials offer to retrieve the goods themselves.

Attention! The possibility of withdrawal from the contract shall NOT apply to legal persons.

The return of goods shall be executed through ordinary mail to the following address: Nina Mohorko, S. P., Loperšice 20, 2270 Ormož. The returned goods must be in the original packaging, unused and undamaged. The return of the goods is valid, only if the original invoice, its copy, and any accompanying product certificates are attached. When returning the product, the customer must clearly state his/her bank or transaction account, to which the money shall be transferred at the latest 14 days after initiating the refund process.

The customer cannot withdraw from the contract in the following cases:
− if the goods are damaged, dirty or there are visible traces of use (physical damage, contact with fluid, visible traces of use, presence of dirt);
− the customer ordered an item which was not in stock or not a part of the provider’s regular offer;
− if the equipment, instructions or software, are destroyed, dirty or missing (or the security seal is broken);
− if the warranty certificate is missing.

Contract Withdrawal Form

MATERIAL DEFECTS

The procedure for enforcing material defects is prescribed in detail in the Article 37 (ZVPot). The provider must deliver the goods to the customer in accordance with the contract and shall be held liable for any substantive errors which are impeding the fulfilment of the contract.

The material is considered defected, if:
– the item does not possess the characteristics necessary for its normal use or transport;
– the item does not possess the characteristics necessary for the specific use it was meant for, but the faults were or should have been known to the provider;
– the item does not possess characteristics and merits, which have been explicitly or discreetly  agreed upon or prescribed;
– the provider has delivered an item that does not correspond to the pattern or the model, unless the sample or model has only been shown for notification purposes.

The product suitability shall be assessed in relation to the standard products of the same type, and by taking into account any of the provider’s or manufacturer’s declarations on the characteristics of the goods provided, conveyed specifically by advertising or presenting specified products or through the list of specifications on the merchandise.

In the event of a material defect, the consumer may exercise his/her rights if he/she manages to notify the provider within two months of the date on which the defect was detected.

The consumer must accurately describe the material defect in the error notice and allow the provider to inspect the item.

The costumer can communicate the error notification to the provider personally and the provider must issue a proper certificate, or send the customer to the store where the item was purchased or to the provider’s representative with whom the customer entered into contract.

The provider assumes responsibility only for defective goods which appear not later than two years since they were delivered.

If a second-hand item is the subject matter of the contract between the provider and the costumer, the provider only assumes responsibility for the material defects on the goods, which appear no later than one year since they were delivered. The material defect is considered to have already existed at the time of delivery, if it occurs within six months of delivery. Article 37 C

A consumer who has informed a provider of a defect in the prescribed manner, shall have the right to request that the provider:
– eliminate the defect in the goods, or
– reimburse part of the amount paid in proportion to the defect, or
– replace the defective goods with new flawless goods, or
– reimburse the entire payment.

In all cases, the consumer has the right to require the provider to reimburse them for any damage, in particular reimbursement of costs of material, spare parts, labour, transfer and transport of products incurred in relation to the fulfilment of obligations referred to in the preceding paragraph.

The consumer’s rights shall expire two years from the day the consumer informed the provider of the material defect.

DISPUTE RESOLUTION

The parties shall primarily seek to resolve any potential disputes by mutual agreement, with the customer sending a complaint to the company via e-mail address or telephone, and the company deciding on the dispute within three working days. If the parties cannot resolve the dispute by mutual agreement, they can initiate proceedings before the court. If no mutual agreement can be reached, the District Court of Ormož has the jurisdiction for settling disputes. We do not acknowledge any contractor regarding the extrajudicial settlement of consumer disputes. The provider complies with the applicable consumer protection legislation. The provider makes every effort to fulfil his/her duty to establish an effective complaint handling system and to designate a specific person, which shall be available by telephone or e-mail in the event of any difficulties.

The procedure for handling the complaint is confidential.

SECURITY

The provider uses the appropriate technological and organisational means to protect the transfer and storage of personal data, orders and payments. The provider assumes no responsibility and cannot be held liable for any damage to the computer hardware or other property, and any virus entries that could affect the customer’s equipment, due to the visit of a website or the download of texts, images, various data. The customer is also personally responsible for the protection of any personal data by providing the security of his/her customer name and password and the adequate software (antivirus) protection of his/her computer. The customer warrants the accuracy and authenticity of all the provided data and is held liable to the provider for any damage caused by inaccurate and false data.

PRIVACY POLICY

The Privacy Policy, which complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”) can be accessed at …  All information obtained from the website: hi-official.com shall be used exclusively for the purpose of sending information materials, offers, invoices and other necessary communication

COMMUNICATION

The provider shall contact the customer through the means of distance communication only if the customer does not explicitly object to it.
E-mail advertisements shall contain the following elements:
− they shall be clearly and unequivocally marked as advertising messages,
− the sender shall be clearly visible,
− diverse campaigns, promotions and other marketing techniques shall be marked as such; The terms of participation shall be clearly defined,
− a clearly described way to unsubscribe from receiving promotional messages.
− Customer’s wish not to receive promotional messages, shall be explicitly respected by the provider.

CUSTOMER REVIEWS/OPINIONS

Customer reviews and comments, as well as product reviews that customers write, are part of the store’s functionality meant for the customer community. They are reviewed by the provider before the final publication. The provider shall not post any opinions or postings that are in any way offensive, obscene, or in the provider’s opinion, of no benefit to other customers and visitors.

By submitting an opinion or comment, the customer explicitly agrees to the terms of use and allows the provider to publish all or part of the text he/she wrote in all electronic and other media. The provider has the right to use the content for an unlimited period of time and for any purpose that is in the business interest of the provider, including publication in advertisements or other marketing means of communication. At the same time, the author of the opinion declares and warrants to be the owner of the material and moral copyrights for the written opinions and comments, and that these rights are exclusively and indefinitely transferred to the provider.

EXCLUSION OF LIABILITY

The provider assumes no liability for any possible consequences after using the online store and its contents, including any material or non-material damage. The customer is responsible for the optimal use of the content in the online store to his/her best advantage.

Even though the online store is protected by the SSL protocol, the possibility always exists for the misuse of the online store, which the provider has no influence on. For this reason, the provider disclaims any responsibility downloading potentially dangerous malware that could be installed on the customer’s device from which he is accessing the online store. The provider advises that the customers be properly educated on the subject of virus protection and protect their devices from malicious software downloads.

Although the provider aims to provide accurate and up-to-date information in the online store with all due diligence, there is a possibility that due to the variety of products or rapid changes considering information the product information, delivery time, purchase price or any other information can be different than stated in the online store, or the information is incomplete. It is the customer’s responsibility to verify information if there is suspicion of false and incomplete information. We reserve the right to change the product information, including images and any other related information without prior notice.

The provider is not responsible for the occasional failure of the online store, the possible inaccuracy of the information in the online store, nor for any damages caused by the inaccessibility, use or inability to use the information in the online store.

In the event that the customer has ordered an item that contains incorrect or incomplete information, the provider shall notify the customer about this and enable the cancellation of the order. If the customer finds out that the item has the wrong information listed after placing the order and before receiving the item at home, he/she is obliged to report the error in the online store, and the provider allows him/her to cancel or change the order.

The provider is actively involved in updating photos in the online store, so all images should be considered symbolic. Some item features in the picture do not reflect the actual condition of the items (e.g. the size of the item in the picture), and there may be minimal differences between the product in the photo and the finished product due to the handmade production.

The provider is not responsible for the content of the comments in the online store provided by individual customers. The provider may refuse comments that contain blatant falsehoods, misleading facts or offensive content to other customers as well as to the provider him/herself.

The provider reserves the right to substantive and other changes to the General Terms and Conditions, and to make changes at any time and in any way, regardless of the reason and without prior notice.

The provider reserves the right to change the sales offer in the online store without notice. The provider does his best to ensure that the information published on the website is up-to-date and correct. However, in some cases, the product provider may not be able to deliver the item you because it is sold out and out of stock. However, the properties of the items, delivery time or price can change so quickly that the provider fails to correct the information on the website. In such a case, the provider shall informs the customer of the changes and allows him to cancel the order or replace the ordered item. The products are made on demand, so they shall be sent to the customer within five working days after the order has been confirmed and processed.

The provider reserves the right to change the terms of business at any time and in any way, regardless of the reason and without prior warning.