GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND ONLINE PURCHASES
Mestni trg 21, 1000 Ljubljana,
registration no. 1319728000, ID no. for VAT SI72016175,
These general terms and conditions define the contractual relationship between:
1) the user and the company Malalan d.o.o., Mestni trg 21, 1000 Ljubljana, Slovenia (hereinafter also “Malalan”), in connection with the use and operation of the website www.malalan.eu and
2) the user as the buyer and the company Malalan as the provider or seller in connection with the purchase of products through the Malalan online store.
These general terms and conditions apply to all website users. By entering the website, the user confirms that they are familiar with these general terms and conditions and that they agree with them. If these general terms and conditions are violated in any way, Malalan reserves the right to use all legal remedies to remedy the violation.
(definition of terms and abbreviations)
Terms and abbreviations have the following meaning:
• STI: the website or the Malalan online store on the domain www.malalan.eu;
• SPP: the general rules and conditions of use of the website and the sale (purchase) of products via STI, the content that is valid when visiting STI. The SPP are available and can be saved and reproduced in PDF format by clicking on the link HERE. Malalan has the right to change the SPP at its own discretion at any time (occasionally). (The change is evident from the version date). Users are notified of a change of the SPP by e-mail sent to the e-mail address specified in the user account or by prior posts on the website. Changes to the SPP shall become effective after notification. Any further use of the website constitutes acceptance of the latest version of the SPP;
• user: a person who visits or uses STI, regardless of registration;
• buyer: a natural or legal person who places an order and purchases products through the STI;
• operator STI and/or provider and/or Malalan: company Malalan d.o.o., Mestni trg 21, 1000 Ljubljana registration no. 1319728000, ID no. for VAT SI72016175, registered at the District Court in Ljubljana, amount of share capital EUR 62,594.00;
• personal data: data as defined by regulations governing the protection of personal data.
2. Use of the website
You use the website at your own risk.
The content of the website and any materials provided on the website are provided “as is” (“as they are”), without any warranty, express or implied (except in the case of purchases of products via STI).
In no event shall Malalan be liable for any damages, including, but not limited to, any special, punitive, indirect, incidental or any consequential damages arising out of or in connection with:
• any use or inability to use (occasional inactivity) STI or any content found here or posted on the website or by the user.
• Malalan does not guarantee and is not responsible for the accuracy, completeness or reliability of any content or data or that the content or data (information) are up to date.
• for links contained in STI to third party websites, or for links provided by any user to third-party websites.
• Malalan has no control over the content of third-party websites, services or products available on third-party websites. Malalan shall not be liable for any direct or indirect damage or loss resulting from the use of third-party websites. You take full responsibility when you decide to follow the redirects or links to third-party websites.
• by the actions of any other registered or unregistered users.
• any damage or viruses that may infect your computer, phone, tablet, equipment or other property due to access to, use or browsing this website or downloading any material, data, text, images, videos or sound from the website. Malalan is also not responsible for the loss of these that would result from the use of STI.
As a condition for using the website, the user declares and confirms that they will not use the websites for any purpose that is illegal or prohibited by these SPP. STI may not be used in any way that would damage, disable, overload or restrict the operation of the websites or interfere with the use of the websites by other users. Any retrieval or attempt to retrieve content or data that is not explicitly made available by the websites is not permitted.
STI is copyrighted, all rights reserved. All STI content, including agreements, disclosures, online text, layout and images, is the property of Malalan or used by Malalan on the basis of obtained licences. You may not reproduce, republish or distribute the STI content without the permission of Malalan or the original copyright holder.
USE OF STI
You can use STI services (website use and online purchases) as a registered STI member or without registration. Registration is not a condition for using the website or making an online purchase.
REGISTRATION AND USER ACCOUNT
You may register to use STI services. Natural persons over the age of 16 may register.
When applying for registration, the user provides the following personal data:
• name and surname,
• email address (username),
• telephone number,
The password will be assigned to the user automatically upon registration, and the user can change it later if desired.
Registration means entering and submitting the data listed above for the purpose of creating a user account (profile), which enables and verifies identity. Identity is verified by a confirmation message to the provided e-mail address. By registering, a username is created (the same as the provided e-mail) and a password is generated. The password is secret and may not be disclosed by the user to third parties. The username and password unambiguously identify the user and connect them with the entered data. The user is obliged to ensure that they act alone with the username and the password or that a person authorised to act on their account acts with the username and password and is responsible for orders placed under their username. In case of suspicion of misuse, the user is obliged to immediately notify the provider by calling the telephone number +386 (0) 40 316 426 (“Purchase Assistance”). The user account is subsequently accessed by logging in. Login means that entering is possible only by entering the username and password.
The user is obliged to provide accurate and complete information. A registered user is obliged to immediately enter all changes made to the data in the user account (“ACCOUNT SETTINGS”).
The user account may be closed by the user at any time in accordance with the instructions on the website, which are updated occasionally (“CLOSING OF THE ACCOUNT”), or by sending a request to cancel the user account to email@example.com. The proof and identity and address must be attached to the written request. After Malalan confirms the closing of the account, the user's account is deleted.
3. Purchase of products
Prices are quoted in EUR and include value added tax (VAT). Prices do not include costs associated with product delivery. Prices apply to online purchases via the STI.
Prices are not pre-determined and are subject to change at any time without prior notice. Valid prices are those prices that were valid at the time when the submitted order was received by the provider’s information system.
Promotional prices are specially marked and are valid for the time of publication on the STI.
The payment methods are:
• with payment cards or Visa, Maestro and EuroCard/MasterCard credit cards (the transaction takes place on the day the invoice is issued);
• with Paypal;
• with a proforma invoice;
• at the provider's sale outlets (payment also possible with payment or credit cards).
If the payment is made by a proforma invoice in the purchase process, select the option of payment by cash on delivery, and after placing an order from the online store by e-mail, you will receive a proforma invoice with all the necessary information.
The delivery methods in the territory of the European Union are:
• collecting the product at outlets – free of charge; the goods are waiting for the buyer in the outlet seven (7) days from the day of receipt of the notification;
• home delivery made by the provider on their own or through contractual partners. In the case of home delivery, the costs of transport, postage or any other related costs are not included in the price of the product. If the purchase value exceeds the amount of EUR 100.00 (including VAT), postage (shipping cost) is free of charge for the buyer, except in the case of products which, due to their dimensions, weight and other special characteristics, require special treatment, i.e.:
The buyer is informed about the amount of costs before confirming the order with a separate disclosure of the amount of these costs. Delivery may be free of charge for all purchases during special promotions. In such cases, this will also be specifically indicated.
For delivery outside the territory of the European Union, the user may send a request to the provider to prepare a quote for such delivery, including the delivery time and the cost of this delivery.
For the products of certain brands delivery is limited to a certain area:
Fope: delivery is limited to the territory of Slovenia and Croatia.
The products are delivered within 3–5 working days from the date of receipt of the “order confirmation”, except in special cases, of which Malalan notifies the buyer via e-mail (of the estimated delivery time). For the duration of the Decree on the Temporary Prohibition of Offering and Selling Goods and Services to Consumers in the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 25/2020) and consequent preventive measures applicable to the operation of the online store and supplier, the delivery deadline is extended to 7–12 working days or in exceptional cases also longer, if there is an exceptional increase in the number of orders.
Malalan does not assume any liability for damages that may result from a longer delivery time.
MORE DETAILS ABOUT DELIVERY
The products are delivered to the address specified in the order as the “delivery address”. In order to deliver the order to the address, the delivery vehicle must have direct access to the location specified in the order and the possibility of parking the delivery vehicle at this location must be provided.
Product deliveries are usually carried out in the morning. The buyer is obliged to collect the ordered products at the defined time and day at the delivery address. If the buyer is unable to collect the shipment at the time of delivery, re-delivery is required. If the buyer does not collect the goods at the agreed time, the buyer will be charged double the cost of re-delivery. The provider or their contractual delivery contractor reserves the right to verify the identity of the product’s recipient (buyer) in an appropriate manner – e.g. by sight of personal documents. Upon receipt, the buyer confirms the quantity and quality of the ordered product by signature.
If upon receipt of the shipment it is established that the shipment (package) or product is damaged, or that its content is missing or the package shows signs of opening, the buyer is obliged to immediately, and no later than within 30 days of receipt, initiate a complaint procedure directly with the delivery person (DHL) and in the case of delivery by the provider via e-mail to firstname.lastname@example.org.
PROVISION OF INFORMATION BEFORE CONTRACT CONCLUSION
The provider undertakes to always provide the user with the following information before concluding the sales contract:
• data about the provider (company, registered office, business address, registration and tax number) and contact data for fast and efficient communication (e-mail, telephone),
• essential characteristics of products or services,
• prices of products or services that include taxes or any other duties,
• payment terms and methods,
• delivery conditions, method, place and deadline and possible costs of delivery of products or deadline for the fulfilment of services,
• the deadline and conditions for exercising the right to withdraw from the contract; including costs borne by the buyer in connection with the return of the product (Article 43.č ZVPot (Consumer Protection Act)) or the absence of the right to withdraw from the contract,
• an explanation of the appeal procedure with contact details.
Malalan undertakes to deliver the item when it is confirmed in writing to the buyer together with the estimated time of delivery. If the product is not currently in stock, delivery is delayed until the supplier has the item in stock. The transaction is performed upon order confirmation.
Ordering is in Slovenian, Croatian or English. Products are selected and ordered from the list of products available on the STI. All products are available until stocks last.
The user selects the desired product by clicking on the “add to cart” icon.
Before completing the purchase, the user is redirected to register or is requested to provide the information necessary for the execution of the contract, namely:
• address of residence (street, street number, postcode, place, country);
• delivery address (street, street number, postcode, place, country);
• telephone number;
• other data related to the purchase (hereinafter all the indicated data is uniformly also called “buyer data”).
Before placing an order, a draft order is displayed, ready for submission, so that the user may check the correctness of the entered data or identify possible errors and correct or change the information related to the order (quantity and type of products, buyer information, delivery method and place and payment method).
2. “CONFIRM ORDER”
By clicking on the “confirm order” icon (order with payment obligation), the user declares that they fully understand and agree with the SPP and that they have the appropriate business capacity to conclude a sales contract (or that it has not been limited or revoked). By clicking on “confirm order”, the order is forwarded to the provider's information system.
3. “ORDER RECEIVED/ORDER IN PROCESSING”
After confirming the order, the buyer receives the notification “confirmation of order receipt/order in processing” to the provided e-mail address, i.e. that the order has been successfully submitted – accepted into the provider's information system. The legal status of the received order is a “pre-order” and does not oblige the provide or deliver the ordered products until the order is confirmed by the provider.
The provider reviews the received order and checks the possibility of delivery of the ordered products and informs the buyer about the further status of the order and the estimated delivery time (order processing). Received orders are processed during working hours from Monday to Friday in the order in which orders have been placed or according to the planned dates for collecting the product.
The provider may call the buyer on their contact telephone number in order to ensure the accuracy of delivery (e.g. to agree on an appropriate solution if the product cannot be delivered) or in order to verify the data provided in the order.
In cases of orders that deviate from typical orders or commercially normal quantities requested from the provider, the provider reserves the right to contact the buyer and request another method of payment from the set of planned payment methods or require adequate payment security.
The provider can confirm the received order or reject it with a reason (e.g. the product is not in stock, the requirement for appropriate payment is not met, due to the entry and publication of a clearly incorrect price due to automated data transfer etc.). The provider reserves the right to reject the order if the buyer has outstanding obligations to the provider from previous orders, if they are in dispute with the provider regarding the purchase through STI or if they abuse the right to withdraw from the contract.
In case of rejection of the order, the buyer receives the notification “order rejected”, and in case part of the products from the order cannot be delivered, “order partially rejected”.
Any changes to the submitted order for the product (e.g. numbers or sizes, colours, quantities, etc.) may be submitted by the buyer by sending a request for change to the e-mail address email@example.com or by calling +386 (0) 40 316 426.
4. “ORDER CONFIRMED AND READY FOR COLLECTION”
In the case of order confirmation, the buyer receives a “order confirmed” notification. The contract on the purchase of the ordered product between the provider and the buyer is concluded at the moment when the provider confirms the order or sends an order confirmation email. From this moment on, all prices and other conditions of sale are fixed and apply to both the provider and the buyer. A purchase made through STI websites is considered a purchase made in accordance with the legislation of the Republic of Slovenia, without taking into account the conflict rules.
The contract for the purchase of products or the submitted order with confirmation is stored in electronic form on the provider's server and is accessible to the buyer at any time in their user account (profile). The buyer (unregistered user) may obtain a copy of the order on the basis of a request stating the data regarding the completed order, which they send by e-mail to firstname.lastname@example.org; the provider sends a copy of the contract to the e-mail address that was valid at the time of purchase or by mail to the buyer’s address provided at the time of purchase. The contract is kept for the time required for the storage of such documents in accordance with the law or accounting standards of the Republic of Slovenia.
The buyer receives an invoice for their purchase in STI in printed form, which is attached to the package or issued by the Malalan outlet in the event of a takeover at the outlet.
5. “INVOICE ISSUE”
The seller must issue an invoice for the supply of goods or services and hand it over to the buyer. STI issues an invoice after receiving the purchase price and sends the invoice in printed form to the buyer upon sending or shipment of goods; in case of payment and collection at the outlet, the invoice is issued by the Malalan outlet. The buyer must take the invoice and keep it immediately after leaving the business premises.
WITHDRAWAL FROM CONTRACT
The buyer, who is a consumer, has the option to withdraw from the contract within 14 days of receiving the product without specifying the reason and return the product. To withdraw from the contract, a declaration may be used, which can be downloaded HERE, or the buyer can make their own, unambiguous declaration, which clearly indicates that they are withdrawing from the contract (indicates the order number). A withdrawal declaration is considered timely if it is sent within deadline set for withdrawal from the contract (in the case of sending by post, the date on which the letter is dated by the postal service provider applies).
The withdrawal declaration shall be forwarded to:
• via e-mail email@example.com;
• by post to the address Malalan d.o.o., Spletna trgovina, Mestni trg 21, 1000 Ljubljana, Slovenia.
The buyer, who is a consumer, has no right to withdraw from the contract in cases where the security stamp on any of the items is not in good condition (visible damage, major scratches, damaged or glued element for attachment to the item, etc.).
• The buyer is charged the cost of returning the goods in case of withdrawal from the contract.
• The buyer is obliged to return the product within 14 days of the withdrawal from the contract:
o by delivery by post to the address of the outlet which sent (sold) the goods. The address is stated on the invoice (you can find the addresses of the outlets also at www.Malalan.eu/about-us). It is considered that the buyer has returned the goods on time if they are sent before the expiry of the 14-day return period. The date of dispatch is the date on which the mail is dated by the postal service provider.
o with a personal delivery to the Malalan Ljubljana outlet.
• The buyer is obliged to return the product unused, undamaged and in the unchanged quantity. If the subject of the return is a product purchased as a kit, all kit pieces must be returned.
• The buyer cannot and must not use the received product unhindered until the withdrawal from the contract, but may inspect and test the received product only to the extent strictly necessary to establish the actual condition (nature, properties, operation of the product) and as usual in stores.
• The buyer is liable for a decrease in the value of the goods if the decrease in value is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods. In this case, the buyer is obliged to pay for the product in full.
• The buyer is not entitled to return the product if the product was made to order or if any changes or refinements were made to it (engravings, personalisations, resizing, etc.).
PURCHASE PRICE REFUND
The provider returns the purchase price within 30 working days of receiving notice of withdrawal from the contract, reserving the right to withhold the refund until receipt and inspection of the returned product.
The provider returns the payment to the buyer with the same payment method used by the buyer, unless the consumer has explicitly requested the use of another payment method and if the seller does not bear any costs as a result.
If the gift certificate is purchased on-line, the buyer has the right to a refund exclusively with the same payment method as the purchase was paid for. The refund is possible only directly to the buyer and is made within the period of the gift certificate’s validity.
The buyer may lodge a complaint about the product directly upon delivery (to the delivery person) or upon collection at the outlet, if the product does not have the properties explicitly promised by the provider, if the wrong product is sent or in the wrong quantity or colour, or the product otherwise deviates from the buyer's order.
A complaint report is written next to the complaint. The buyer's findings and the required right of choice regarding the resolution of the complaint are recorded in the complaint report. The buyer has the right to choose the solution; their request (replacement of goods, credit or refund) is recorded in the complaint report. The complaint report is written in two copies, of which one copy is sent to the buyer.
Subsequent complaints regarding the product are considered as assertion of warranty claims arising from the warranty or material defects and the buyer addresses them to the provider by:
• email to the address firstname.lastname@example.org,
• by calling +386 (0) 40 316 426,
• with a written declaration, which can be found HERE, sent by mail to the provider’s address
Malalan d.o.o., Spletna trgovina,
Mestni trg 21,
In case of justified claims, the buyer is entitled to reimbursement of reasonable shipping costs at publicly announced tariffs of carriers offering services to the public.
The provider is responsible for material defects of the product. The defect is material, if: 1. the product does not have the properties which are necessary for its normal use; 2. the product does not have the features necessary for the specific use for which the buyer bought it, but which was known to the provider or should have been known to them; 3. the product does not have the characteristics and features that have been explicitly or tacitly agreed or prescribed; 4. the provider has delivered a product that does not match the sample or model, unless the sample or model was shown only for the purpose of notification.
The suitability of a product for normal use shall be checked against normal goods of the same type and taking into account the tenderer's declarations on the characteristics of the product made by the provider or manufacturer by advertising, product presentation or indications on the product.
If the product has a material defect, the buyer is obliged to inform the provider in writing about the defect, to describe the defect in detail and enable the provider to inspect the product. The buyer can fill out the form HERE to report a material defect.
The buyer may report a material defect in Malalan outlets or send an e-mail to email@example.com and attach a completed form for claiming a material defect and enable product inspection. If the product is sent by mail, the shipping costs are borne by the buyer. If the material error is substantiated, the shipping costs will be reimbursed to the buyer in addition to the purchase price. The provider replies in writing to the consumer about resolving the claim within 30 days of receiving the product at the outlet. This deadline may be longer due to the specifics of the products and the possible need to send the product to the supplier, but not longer than the statutory deadline for resolving complaints. The buyer can fill out the form HERE to report a material defect.
Liability for material defects of the provider is not given in cases arising from the buyer’s side (or third parties), and in particular due to improper use, mechanical damage or unauthorised interventions (e.g. repairs).
The provisions of the Code of Obligations and/or the law governing consumer protection apply to the legal relations of the parties in relation to material defects.
Products have a warranty if stated on the warranty certificate or invoice. The warranty is valid subject to the instructions on the warranty certificate and upon submission of the provider's invoice within the warranty period, which is stated on the warranty certificate or invoice. If there is no warranty information, the product does not have a warranty or the information about the warranty is not known – in this case, the user/buyer may contact the provider to provide information.
The warranty may be enforced by the buyer directly from the manufacturer or its authorised service agent, which is obliged to perform warranty repair within 45 days of receipt of the product, or otherwise replace the product with another, equivalent and flawless item. The buyer can also enforce the warranty from the provider, but even in this case the provision from the first paragraph applies.
The return of the product under warranty is made in accordance with the conditions specified by the manufacturer on the warranty certificate, the buyer does not bear the costs of returning the product under warranty.
The buyer is obliged to collect the products returned to the provider due to a complaint, factual error or warranty at the delivery address or at the outlet within 7 days of receiving the notification.
PURCHASE FOR LEGAL ENTITIES OR COMPANIES
The SPP in question also apply in the case of purchase for companies and other legal entities (hereinafter uniformly: “Company”), which have their registered office in the Republic of Slovenia, unless otherwise provided in this Article.
In the case of a purchase for companies, it is necessary to select the method of payment “according to proforma invoice” and to provide the following information about the company: company name, business address, company registered office, ID number and VAT ID number or tax number if the company is not liable for VAT. The user is obliged to provide accurate and complete company data.
If the user requests the issuance of an invoice to the company, it is considered that the party to the contract is the company listed as the recipient of the invoice, or that the purchase contract is concluded between the provider and the company.
By requesting the issuance of an invoice to the company (order with a payment obligation), the user at the same time declares that they are the legal representative or that they are authorised to conclude the purchase contract in question on behalf of the company and on behalf of the company; to guarantee to the provider that the company will correctly, timely and fully fulfil all its obligations under the concluded purchase contract and irrevocably and unconditionally undertakes that as a joint and several guarantor and payer it will fulfil any obligation or pay any amount at the provider’s first request which will not be settled by the company as the buyer arising from the obligations under the concluded purchase contract they concluded in the name and on behalf of the company.
Based on the given data, the provider prepares a pro-forma invoice and sends it to the company. Once the proforma invoice has been paid, the purchase and delivery process continues according to the prescribed protocol.
If, upon receipt of the order, the provider is not able, on the basis of publicly available records or registers to establish the existence of the company, the provider is entitled to contact the user with a request to provide them within a reasonable period of time with appropriate evidence of its existence or may, at their discretion, reject the order received. In this case, the user (buyer) receives the notification “order rejected”.
If the company listed as the invoice recipient no longer exists (for any reason) at the time of receipt of the confirmation (“order confirmed”), or if insolvency proceedings have been proposed or instituted against the company, or regular or judicial liquidation proceedings have been instituted against the company, the user is obliged to immediately inform the provider thereof.
Notwithstanding the notice, the provider may withdraw from the contract in writing.
A buyer who is an entrepreneur, company or another legal entity (is not a consumer) does not have the right to withdraw from the contract without reason (Article 16 of the GTC), unless this is explicitly stipulated by the SPP.
The company is entitled to assert warranty and guarantee claims arising from material defects of the product in accordance with the Code of Obligations.
If the company is entitled to withdraw from the contract and refund the purchase price under these SPP or by law, the purchase price is returned with the same payment method as used in the purchase. However, the provider reserves the right to withhold the refund of the received payment until they receive a credit signed by an authorised person of the company.
Due to the nature of business on the internet, the offer of products via STI is updated and changed frequently and quickly. The provider strives to provide clear and thorough information to present the basic characteristics (properties) of sales products obtained from suppliers, so the provider is not responsible for any errors (inaccuracies, imperfections) in the data for any damage that may result. They also reserve the right to change the information without special prior notice.
Images (photos) of products posted in STI are symbolic. Any differences between the image and the actual product (colour deviations, etc.) do not affect the specification of the product itself.
The provider undertakes to provide accurate information on the price of products. If the price of the product changes during shipping or placing an order and receipt or confirmation of the order in the provider’s information system, the buyer (regardless of whether they are a consumer) is allowed to withdraw from the contract (purchase) under the conditions set out in Article 16 of the SPP.
The provider is not responsible for occasional non-operation of STI.
Not all sales activities carried out in the provider’s retail outlets apply in STI.
In the case of delivery outside the Republic of Slovenia, the provider also does not assume any responsibility that the product complies with technical and /or safety requirements or that it is marked in accordance with the requirements or the regulations of the country to which the delivery is made to the delivery address. In such a case, the provider also does not guarantee that any instructions for use ('user manual') or other documentation related to the purchased product are in the language of the buyer.