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Conditions générales de vente
General Terms and Conditions of www.elanskis.com On-Line Store
The www.elanskis.com on-line store (hereinafter referred to as: “Elan On-line Store”) is operated and managed by the Elan, d.o.o. company, Begunje 1, 4275 Begunje na Gorenjskem, with registration number: 1304836, tax ID number: SI3032497 (hereinafter referred to as: “Provider”). The Elan On-line Store is an IT system designed to present and sell products to customers.
The Provider provides the operation of the Elan On-line Store in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP), the Electronic Business and Electronic Signature Act (ZEPT) and the Out-of-Court Settlement of Consumer Disputes Act (ZisRPS).
The Provider sells goods in the Elan On-line Store on its behalf and for its account.
The General Terms and Conditions determine the operation of the Elan On-line store, rights and obligations of the Provider and customers. Customers must comply with the General Terms and Conditions applicable at the moment of purchase (placement of an on-line order). Upon placing an order, users are notified of the General Terms and Conditions and confirm that they are familiarised with the respective General Terms and Conditions.
The Provider reserves the right to change the General Terms and Conditions through the Elan On-line Store without prior notice.
An On-line Store Customer
A user is a person who uses the Provider’s purchasing system, i.e. user is a customer of the Elan On-line Store. A customer makes a purchase without any registration. A customer is considered a person with data stated upon placing the order. Subsequent changes in customer information are not possible.
A customer is required to provide the following information: surname and name, address, telephone number and e-mail address, in order to receive a notification of order status. If the address for sending an invoice and the delivery address are not the same, delivery information is also required.
By placing an order, the customer confirms to agree with the Provider's General Terms and Conditions published on this web page.
Accessibility of Information
Before signing an agreement or submitting an offer, the Provider undertakes to provide to the customer the following information:
- Information of the Provider's company (name and registered office, registration number);
- Contact information that provide quick and efficient communication between the Provider and the customer (e-mail, telephone number);
- Essential characteristics of products (with aftersales services and guarantees), accessibility of products (each product offered on-line should be available within a reasonable period),
- Delivery and services performance (method, place and deadline of delivery),
- Prices that should be clearly and unambiguously set as well as information on taxes and transport costs and other duties included,
- Method of payment and delivery and validity of the offer,
- Period in which it is possible to withdraw from the contract and terms and conditions for termination, including costs of returning the goods (description of the right of withdrawal in accordance with Article 43 of ZVPot; in cases when the customer has no right of withdrawal, the customer must be expressly informed thereof in accordance with Article 43 of ZVPot).
- Explanation of the complaint procedure, including all information on a contact person or customer service.
The Provider shall seek to ensure that the information published on the Elan On-line Store is up to date and accurate. Nevertheless, all information (price, delivery date, characteristics of the product) is not always updated in time. In this case, the Provider shall inform the customer about the changes and enable a cancellation of the order or change in the order.
Photos of the products sold are for illustrative purposes only and do not provide characteristics and quality of products.
Choose a product, select desired characteristics of the product (colour, size etc.) and by clicking the button:
add it to the cart.
If the On-line Store shows: “Out of stock”, the product with desired characteristics cannot be ordered. The Elanskis.com On-line Store does not allow you to proceed with the respective purchase. In this case, choose another product or different characteristics of the product (SIZE, COLOUR etc.). You can repeat the same procedure many times and choose different products with different quantities. The top right corner of the Elanskis.com on-line store shows a green button “Cart”.
The green button “Cart” shows your total price of your purchase. If you move the mouse cursor to the green button “Cart”, the currently selected products, their quantity and price per piece are shown.
The bottom part of the same button shows the Proceed to checkout tab. By clicking the green button “Proceed to checkout”, a new menu opens indicating selected products, quantity and price. Here you can add the quantity of the chosen product or remove it from the cart. By clicking the black button you can continue shopping. All products added to the cart remain unchanged.
After you added products to the cart, click the “PROCEED TO CHECKOUT” button.
Next steps depend on the chosen method of payment:
- Advance payment – the Elanskis.com on-line store will thank you for your purchase after you have completed the order by sending you an e-mail. The pro forma invoice will be attached and sent to your e-mail address as soon as possible. After the Provider receives the payment on its bank account, the order will be shipped to the customer.
- Payment upon delivery – the Elanskis.com On-line Store will thank you for your purchase after you have completed the order by sending you an e-mail. The goods will be dispatched to the customer address within 2 to 7 days. The customer shall pay the ordered goods to the delivery service in cash.
By clicking the “PLACE ORDER” button, you complete the purchase. Order and delivery information cannot be changed any more. The order is placed and the customer is thus bound to pay the price indicated on the order.
The Provider confirms the receipt of the order by sending a notification on the receipt of the order and a print-out of the order to the e-mail address provided by the customer. If the order is placed using the advance payment method, the customer receives the pro forma invoice in the second e-mail.
If you deem there has been an error or would like to replace, remove or add products to your order, send us an e-mail with the respective request (on the same day you have placed your order) to the e-mail address email@example.com. We will try to arrange a change of the order to our mutual satisfaction and within the scope of given possibilities.
Prices in On-line Store
All prices provided in the Elan On-line Store are in EUR (euro) and include VAT (Value Added Tax).
The regular price of a product is a price recommended by suppliers, discount in % indicates the amount of discount in the on-line store, on-line price of a product is a regular price reduced by the discount for the particular product paid by the customers (it is the same for all customers).
The on-line price applies if the payment is made in cash (upon delivery of goods) and/or by transfer to the bank account of the Provider (payment of the pro forma invoice issued).
Prices apply at the moment the order is placed and have no predetermined validity. If the information on the price is incorrect or if the price of a product changes during the order processing, the Provider enables the customer to cancel the purchase or proposes a solution agreeable to both parties.
Methods of payment in the on-line store
- In cash upon delivery (delivery performed by Pošta Slovenije),
- By transfer to the bank account of the Provider (according to the offer/pro forma invoice)*
(*after the payment of the pro forma invoice, the order proceeds to be processed).
The Provider issues an invoice to the customer using a permanent medium with price and costs breakdown for products ordered and an instruction on how to cancel the purchase and return the products, if necessary and possible.
Issuing an Invoice
Upon delivery of products ordered, the Provider submits to the customer a printed invoice.
The invoice includes the breakdown of prices of products and costs related to the purchase and a notification on the right of withdrawal from the contract.
The Buyer must verify the accuracy of the information before placing an order. After the order is placed, complaints regarding the correctness of the invoices issued are not considered.
Delivery Period and Delivery of Products Ordered Via On-Line Store
Delivery period for ordered products on stock is two to seven business days. Products that are out of stock are delivered within 30 days or within a period which has been mutually agreed by the customer and the Provider.
Delivery period for goods paid according to the pro forma invoice to the bank account of the Provider starts on the first business day after the purchase price is received on the bank account. Delivery period for goods paid upon delivery starts on the day the order is confirmed.
Through Pošta Slovenije or other delivery service, the Provider delivers the ordered products to the customer’s address or other delivery address provided by the customer.
The Provider reserves the right to divide the order into several shipments due to different delivery periods of the products contained in the order. The customer will receive the ordered products in several shipments without any additional delivery costs. The information on the delivery is available on the telephone number 00386 (0)4 53 51 532 or e-mail address firstname.lastname@example.org.
Delivery Costs and Delivery of Products Ordered via On-Line Store
The Provider performs delivery of goods with the payment upon delivery through UPS. To deliver goods in the amount up to EUR 74.99, the Provider charges delivery costs of EUR 10, and to deliver goods in the amount exceeding EUR 75, the delivery is free-of-charge.
Right of Withdrawal from Purchase and Return of Goods
The customer has the right to withdraw from the purchase contract and return the goods purchased without any compensation. The customer must notify the Provider in writing about the intended return no later than in 14 days from the delivery of goods to the e-mail address email@example.com and return the goods in the next 30 days.
The customer shall return the goods to the address Elan, d.o.o., Športna prodajalna Elan Begunje, Begunje 1, 4275 Begunje, or make a personal delivery to the same address. Upon return delivery, the goods must be unused, undamaged, and must contain a copy of the invoice and a completed return form.
The costs borne by the customer in regard with the withdrawal from the contract are the costs of the return of goods. The customer itself covers the respective costs that are charged according to the price list of a delivery service and depend on the size and weight of the product. Shipments including postal services that require the payment of goods upon delivery are not received. We recommend a delivery service that enables the shipment to be tracked and to return the products in their original packaging or in other adequate packaging.
If the customer returns the goods in accordance with the procedure for returning goods, the Provider repays the purchase price no later than in 14 days after the withdrawal from the contract or returned goods are received. The Provider transfers the purchase price to the customer's bank account.
The goods can be also returned in person to the address ELAN, d.o.o., Športna prodajalna Elan Begunje, Begunje 1, 4275 Begunje, every business day from 8.00 to 19.00 and on Saturdays from 8.00 to 13.00. Upon the return, the goods must be in the same (original) state as they were sent to the customer, unused and undamaged, and must include a copy of the invoice and a completed return form. The Provider can replace the goods for any other goods of the same value or return the purchase price to the customer at the customer’s request.
Absence of Right of Withdrawal
The customer does not have the right of withdrawal in contracts where the subject thereof is the product which has been produced according to the customer’s instructions, adjusted to its personal needs, is not suitable for return due to its nature, is highly perishable or its shelf-life has already expired. You cannot withdraw from the contract when purchasing software and audio or video media if the customer has already broken the security seal.
It is not possible to withdraw from the contract:
- For goods or services the price of which depends on the market fluctuations that are out control of the company and can occur during the period of the withdrawal from the contract;
- For goods produced according to the customer's instructions and adjusted to their personal needs;
- For goods which due to their nature are not suitable for return, are highly perishable or have short shelf-life;
- For the performed service if the company performs the contract in full and the performance of the service started on the basis of the customer's explicit prior consent and with the consent that it loses the right of withdrawal after the service is fully performed by the company;
- If it refers to the return of clothing or footwear that has been used or washed or its original labels or other signs have been removed (cut off, unstitched etc.).
Handling of Damaged Shipments (compensations)
If the shipment is damaged in any way, lacks content or shows signs of potential opening, the customer must initiate the complaint procedure with the delivery service (Pošta Slovenije).
Photos of damaged goods must be taken to clearly show a damaged parcel or packaging and the label of delivery service with legible number of the parcel. If you are complaining about the delivery, send us an e-mail to firstname.lastname@example.org and we will gladly help you.
Guarantee and Material Defects
If you have used the purchased product and are not satisfied with it or its characteristics or if you think that the product is not as it should be, you can deliver it in person or send it together with the invoice to the Provider’s address:
Elanskis.com – Reklamacijska služba (Complaints Department)
There are two ways to file a complaint about the product:
A. Enforcing Guarantee Claims
This item applies for products under the guarantee (products with characteristics of a mechanism – bicycles, skis, sport watches etc.). Information on the guarantee for the product is provided on the presentation page. If there is no information on the guarantee, the product is not under the guarantee. Products are under the guarantee, if this is indicated on the guarantee certificate or invoice. The supplier of the product guarantees to the Provider the quality of the product or its faultless operation during the guarantee period if the product is used in compliance with its purpose and instructions attached. The guarantee period is provided on the guarantee certificate. The customer can file the guarantee claim with the Provider or supplier.
The customer will be notified on the method of processing the claim within 8 days from the receipt of goods. The Provider or supplier must perform the repair of the product no later than in 45 days from the receipt of the goods. If this is not possible, it must replace the product with a new faultless product or return a part of the purchase price proportionally to the defect or return the total purchase price of the product.
Contact for filing complaints
Reklamacijska služba (Complaints Department)
e-mail address: email@example.com
If the goods are sent by mail, the customer covers all costs of shipment. If the right from the guarantee is substantiated, the customer receives the costs of shipment in addition to the respective purchase price.
The right to claim the guarantee for the product is governed by the Consumer Protection Act.
B. Enforcing rights arising under material defect
You can enforce claims arising under material defect for all products for which you believe that they do not comply with characteristics required for their standard use or characteristics required for their special use, for which products have been purchased. The material defect can be claimed within two months from the identification of the alleged defect or within two years after you received the goods. It is deemed that a defect existed on the product already during the handover, if it occurs within six months from the handover. The customer will be notified on the method of processing the claim within 8 days from the receipt of goods.
The customer must describe the defect in detail in the notification of defect and enable the Provider to examine the product. If the defect is indisputable, the Provider must give useful effect of the consumer's claim as soon as possible and no later than in eight days. If the defect is disputable, the Provider must provide to the costumer a written reply in the same time period.
The customer who has correctly notified the Provider on the defect has the right to claim from the Provider:
- To eliminate the defect on goods, or
- To return a part of the paid purchase price proportionally to the defect, or
- To replace the defected product with a new faultless product, or
- Repay the purchase price for the product.
The customer sends or delivers the product together with the form and invoice to the Provider's address:
Reklamacijska služba (Complaints Department)
e-mail address: firstname.lastname@example.org
If the goods are sent by mail, the customer covers all costs of shipment. If the material defect is substantiated, the customer is repaid the costs of shipment in addition to the respective purchase price.
The right to claim the material defect for the product is governed by the Consumer Protection Act.
Information on Signed Contracts or Performed Orders in On-Line Store
The purchase contract between the Provider and the customer is deemed concluded at the moment the Provider confirms the order (it sends an e-mail notification to the customer’s e-mail address confirming the order). From that moment on, all prices and other conditions are agreed and applicable for both, the Provider and the customer.
The purchase contract is concluded in the Slovenian language and is in electronic form saved on the Provider’s on-line store server, and submitted to the customer in electronic form at the request of the customer.
Transfer Security and Personal Data Confidentiality in On-Line Store
The Provider provides the security of purchases in the Elan On-line Store Information on customers which are acquired by the Provider on the web page www.elanskis.com is carefully kept. The Provider shall use the collected data exclusively for realisation of purchases and providing information on the offer for the e-newsletter subscribers. The Provider shall not submit the information to unauthorised persons.
Customer service of the on-line store
Information regarding the order and its delivery is provided on the telephone number +386 (0)4 53 51 532. The service is available from Monday to Friday from 8.00 to 19.00, on Saturdays from 8.00 to 13.00 or on e-mail address: email@example.com
General information on the use of the on-line store is available on the telephone number: +386 (0)4 53 51 532 every business day from 8 a.m. to 3 p.m. or on the e-mail address: firstname.lastname@example.org.
Complaints and Disputes
The Provider complies with the applicable legislation and strives to resolve all disputes amicably. The customer can submit complaints to the Provider's e-mail address: email@example.com or to the company address: ELAN, d.o.o., Begunje 1, 4275 Begunje by including the wording “Complaint”. The Provider will try to address the received complaints as soon as possible and find a favourable solution together with the customer. If the solution cannot be found, the competent court of the place of the registered office of the Provider shall have jurisdiction to resolve disputes.
The Provider informs the visitors of the web page and prospect and existing customers which have the status of the consumer within the meaning of the first paragraph of Article 4 of the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), in accordance with the third paragraph of Article 32 of the Out-of-Court Settlement of Consumer Disputes Act that it does not recognise any provider of the out-of-the-court settlement of disputes as competent for resolving a consumer dispute which may be initiated by the consumer in accordance with the respective Act, meaning that any potential disputes not resolved in agreement between the parties are resolved in front of the competent court of the Provider.
The Elan, d.o.o. company as the Provider of goods and services provides an on-line store in the territory of the Republic of Slovenia, and publishes an electronic link to the platform for on-line settlement of consumer disputes (SRPS). The platform is available on this link.
The above-stated arrangement stems from the Out-of-Court Resolution of Consumer Disputes Act, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on on-line dispute resolution and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC
The content published on web pages of the on-line store is permitted to be used and reproduced only for non-commercial purposes, whereby all the stated copyright notifications must be preserved. The Provider or any other legal or natural persons that have participated in the establishment and creation of the on-line store shall not be held responsible for any damage that could arise from the access to the use or inapplicability of information on web pages of the on-line store, defects or deficiencies in their content.
All users use the published content under their own responsibility. By using the web page of the Provider they agree with the published terms and conditions. The Provider reserves the right to change the General Terms and Conditions at any time through the Elan On-line Store without prior notice.
The Article referring to cookies and similar technologies that enable storage or acquisition of information stored on the user's terminal equipment (e.g. computer, mobile device) has been amended in the respective Directive. The use of such technologies is now allowed only with the user’s consent.
A cookie is a small text file which is transferred to the user’s computer upon the user’s visit of an on-line store and usually comprises:
Name of the server from which the cookie has been sent;
Life time of the cookie;
Value – usually randomly generated unique number.
Cookies do not contain or collect information. If a cookie is read by a server together with a web browser, it can help the web site to provide more user friendly solutions – e.g. by remembering previous purchases or data on the user’s account. Only the server which has sent the cookie can read and use it. Cookies can enrich the experience only on reliable web sites. Cookies can be also used in ways that mean an invasion into individual's privacy. Cookies can be stored for different periods of time, only for the duration of browsing session or much longer.
What are the cookies used by the respective web page?
_elan_session – Cookies that store the session
datr,lu,c_user,csm,fr,s,xs,43,x-src,presence,act – Cookies providing Facebook functionalities
__utma,__utmb,__utmc,__utmz – Cookies used by the Google Analytics on-line service
remarketing_on – Cookies that memorise whether a visitor has already made a purchase in the on-line store
favorites – Cookies memorising favourite products of a visitor
rating_token – Cookies memorising whether a visitor has already cast a vote for the product