General business conditions - HIKOFI Specialty coffee

Company information

HIKOFI doo, Ulica Vita Kraigherja 8, Maribor, 2000 Maribor, Slovenia

Registration number: 8186081000
Tax number: 87849801
Taxpayer: YES
E-mail address: info@hikofi.com

GENERAL PART

General business conditions
1. General terms and conditions of business (hereinafter general conditions) of HIKOFI doo (hereinafter Society) are an integral part of all contracts between the Company and product buyers (hereinafter also: customers), who do business with the Company.
2. Provisions general conditions are also used for all offers, pre-invoices, pre-contracts, legal-business statements and other services arising from business between the Company and the customer.
3. The relevant general terms and conditions of business are drawn up in accordance with the Consumer Protection Act (ZVPot), the General Regulation on the Protection of Personal Data (GDPR), the Personal Data Protection Act in force and the Electronic Communications Act (ZEKom-1).
4. The subject general business conditions determine the operation of the Company's online store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.
5. Use of terms:
  - The customer is a natural or legal person who is in a legal-business relationship with the Company, regardless of its legal or status form.
  - The consumer is any customer who is a natural person and acquires or uses the Company's goods or services for personal purposes or for purposes outside of their professional or gainful activity.
  - Offer is a uniform term for an offer in various forms, a preliminary invoice or another form of proposal for concluding a contract, which the Company offers to the customer.
  - The contract is an agreement in written form concluded between the Company and the customer. The conclusion of the contract is also considered to be an offer or a preliminary invoice, which the Company sends to the customer and which the customer accepts or confirms. The subject general conditions are an integral part of every contract.
  - Object of the contract are goods from the Company's sales catalog.
6. Regarding the notification of the customer about the delivery, conclusion, withdrawal or modification of the contract and all other information, the broadcasting theory applies. This means that the date on which the Company sends the notification via the communication medium is considered the date of notification to the customer.
7. All notices to customers relating to the delivery of the subject of the contract, conclusion or withdrawal from the contract and other information are given by the Company via e-mail to the address provided by the customer. The company also informs via regular mail, telephone or in another way agreed with the customer.
8. The company undertakes to provide the following information at all times on its website:
  - information about the company's identity (company name, registered office, registration number and tax number, data on registration in the register with the indication of the register and registration number),
  - contact information (email address, phone number),
  - information about the basic features of products and services (including information about after-purchase services and guarantees),
  - information on product availability,
  - delivery conditions (method, location and date of delivery),
  - unambiguously stated prices, including information on additional tax and transport costs,
  - payment and delivery methods,
  - period of validity of the offer,
  - conditions and deadlines for withdrawing from the contract,
  - familiarization with responsibility for material errors and
  - information about the appeal procedure.
9. The company undertakes not to set any contractual conditions that would be unfair to the consumer, in accordance with the provisions of the ZVPot. Unfair contract terms are void.
10. The Company's working hours are: Monday-Friday: 9 a.m. to 7 p.m.; Saturday: 9 a.m. to 1 p.m.; Sundays and holidays closed.
Application of the general terms and conditions of business
1. The subject general terms and conditions take precedence, i.e. they fully replace missing, different and conflicting contractual provisions between the Company and the customer.
2. The subject general conditions replace any general conditions and other customer documents, unless the Company expressly excludes the use of the subject general conditions in writing.
3. The subject general conditions constitute an integral part of the contracts concluded between the customer and the Company. By signing the contract or otherwise entering into a contractual relationship, the customer fully agrees to the content of the subject general terms and conditions. The customer hereby expressly acknowledges that the Company's general terms and conditions apply exclusively to all mutual legal relationships. If the customer wants to do business with the Company and enter into contractual relations with it, he is obliged to accept the relevant general conditions in their entirety and in the form in which they are. The customer waives the possibility to influence the content, form and individual contractual provisions of the general terms and conditions.
4. The subject general conditions apply in addition to general legal regulations as an individual special act.
5. The relevant general conditions are available at the following link: https://www.hikofi.com/pravne-strani/splosni-pogoji-poslovanja-spletna-trgovina/
6. Familiarization with the general business conditions is also possible at the Company's business address.
7. By signing a contract or other legal act, it is considered that the customer is fully aware of the content of the subject general terms and conditions. The submission of a valid order in the Company's online store is also considered to be the signing of the contract.
8. The relevant general terms and conditions bind the consumer only if he was explicitly warned of their existence before concluding the contract, preliminary invoice, preliminary contract or offer. The consumer must be aware of all the possibilities to familiarize himself with the general terms and conditions in full, in an understandable and accessible way.
Changes to the general terms and conditions of business
1. The company undertakes that any changes to the general business conditions will be published on the website https://www.hikofi.com/ with the effective date of the change.
2. The general terms and conditions are binding in the form and content that was accessible to the parties on the day the contract was concluded.
3. In the event of a possible change to the general conditions, the changes become binding for the customer from the day they become familiar with them.
4. It is considered that the customer is aware of the changes at the moment of publication of the change on the website https://www.hikofi.com/ and by receiving notice of the change. With this, it is considered that the customer agrees to the change of the general terms and conditions.
5. If the customer declares that he does not agree with the changed terms of business, the Company has the right to withdraw from the contract.
6. In the event that an individual provision in the contract or general terms and conditions is invalid or unenforceable or if a legal gap arises, this does not affect the other provisions in the contract or general terms and conditions, whereby the contracting parties agree that instead of the invalid or unenforceable or non-existent provisions, the provision that is closest to the purpose or objective of the contract applies.
Conflict of Laws
1. In the event that the general terms and conditions in question conflict with other general terms and conditions of the Company, the provision that is more special in the specific case shall be applied.
2. The company and the customer can exclude the use of individual provisions of the subject general conditions if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.
3. Insofar as the subject general terms and conditions are in conflict with consumer protection regulations, the relevant consumer legislation shall be applied in this part.
General provisions
1. The customer is obliged to inform the Company of all information and facts that are important for the establishment and continuation of the legal business relationship, with particularly important information being the change of the customer's place of residence or headquarters, a change in the customer's ownership structure, a change in the legal organizational form of the customer, the occurrence of a situation that indicates to the insolvency (inability to pay) of the customer, regardless of whether the legal conditions for the introduction of bankruptcy or compulsory settlement are given and other data, events and conditions that may affect the legal business relationship between the Company and the customer.
2. The company collects some personal data from customers. The types of personal data, the purposes of their processing and the legal basis for processing are governed by the document Privacy Policy, which is an integral part of the general terms and conditions of business. Customers can familiarize themselves with the Privacy Policy on the Company's website https://www.hikofi.com/pravne-strani/politika-zasebnosti/.
3. The company strives to ensure that information and data within the online store are up-to-date. In the case of advertising messages and product descriptions in the Company's online store, there may be minor deviations regarding the actual characteristics of the product, which do not bind the Company. The company is bound by all statements regarding the characteristics of the goods that are included in the concrete offer or contract.
4. The company reserves the right to change the specifications or information from the previous point, without prior notice to the customer, and the specifications and information are binding only if they are specified in the contract.
5. When dealing with consumers, the company is bound by the information in advertising messages about prices, product features and warranty conditions. Prices in advertising messages are indicated in euros and include VAT.
Prices
1. The prices displayed on the Company's website may change without prior notice.
2. When dealing with consumers, the prices listed in the Company's price list shall include VAT.
3. The company will give the customer the final price, which will include VAT, before concluding the contract or before the offer becomes binding for the customer.
4. If, due to the nature of the goods or services, the final price cannot be calculated in advance, the Company will inform the customer of the method of calculating the final price.
5. In the case of concluding a contract for an indefinite period, the final price that the Company will give to the customer will contain the total costs for the individual billing period.
6. Prices are binding from the moment the Company sends the customer an e-mail regarding order confirmation. In the event that the price information is incorrect or the prices change during the processing of the order, the customer has the right to withdraw from the contract.
  The prices stated at the time of submitting the product to the shopping basket are valid, but not longer than 15 days, which is also the maximum time from submitting the product to the basket until order confirmation (hereinafter: "reserved price"). The seller reserves the right to arbitrarily shorten the time of the reserved price in the case of special promotional offers, introduction of new products or promotional campaigns, which he indicates at the promotional or promotional price of the individual product. The online store system receives an automatic message from the online store system to the registered user's e-mail address or GSM number before the reserved price expires, about the imminent expiration of the reserved price of the individual product that he has added to the basket.
7. After the successful submission of the order and its confirmation, the contract between the Company and the customer is stored electronically in the database and stored on the Company's server. The contract is available to the customer upon written request.
8. In the case of product delivery, the standard packaging is included in the price of the product, and additional transport packaging and the cost of transporting the goods are additionally charged by the Company at the price specified in the Company's price list or at the price agreed upon by the Company and the customer.
Payment methods
1. The company enables payment for products and services in the following ways:
  - payment according to the UPN form to the Company's bank account,
  - payment by payment (bank or credit) cards (MasterCard, Visa, American Express).
2. The security of personal data and payments is the domain of payment service providers. For everything else, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
Invoicing
1. The Company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the e-mail address that the customer specifies when placing the order on the Company's website. At the customer's request, recorded under the notes when placing the order, the Company attaches a printed copy of the invoice to the ordered products.
2. It is the customer's duty to review all order information and specifications before placing an order. Objections made later regarding the irregularity of issued invoices are not relevant.
Ownership
1. All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued written permission to use this material. In the event that the Company issues consent for the use of this documentation, the customer undertakes to use the aforementioned documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation are prohibited without the written consent of the Company. The customer agrees and is expressly aware that the aforementioned documentation constitutes a business secret of the Company.
2. Unless otherwise agreed in the contract between the Company and the customer, the Company acquires ownership, copyright and related rights on all documents that are necessary or provided in connection with the conclusion and/or execution of the contract.
Trade secret
1. Contracts concluded between the Company and the customer are a business secret. All information that the Company provides to the customer before the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc., is also a trade secret. The customer undertakes to preserve the Company's trade secrets throughout the duration of the contractual relationship.
2. The customer must keep information, the disclosure of which could seriously harm the Company, as a business secret for 5 years after the end of the contractual relationship. In case of breach of trade secrets, the customer is liable for damages and criminal charges. The contracting parties can agree on exceptions to these provisions in the contract.
Limitation of liability
1. The company tries to ensure the correctness of the data published in the online store. Product features, delivery time or price can change so quickly that the Company is unable to correct the data in the online store. In this case, the Company will notify the customer of the changes and allow him to withdraw from the order or exchange the ordered goods.
2. The photos do not guarantee the characteristics of the goods. The company strives to provide accurate photos of the products for sale, but all photos should be taken as symbolic.
3. The company reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all orders placed during the period of technical problems. In such cases, the Company will immediately inform the customer about technical problems and provide instructions regarding further procedures. Before visiting the Company's website, the customer must, at his own risk, ensure the security of his technical means for accessing the website and the security of usernames and passwords on the website.
4. The company reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer deliverable, if an increased payment risk of the buyer is established or if there is an obvious error in the price list. In all such and similar cases, the customer will be immediately informed of a possible withdrawal from the contract by the Company.
5. The company reserves the right to withdraw from the contract if a significant mistake is found in accordance with Article 46 of the Code of Obligations. A mistake in the essential properties of the goods and all mistakes which are considered to be essential according to the customs of the trade or according to the intention of the parties, and the Company would not have entered into the contract if it had been known, are considered essential mistakes. This also includes obvious pricing errors.
Complaint handling and dispute resolution
1. The law of the Republic of Slovenia shall be used exclusively for the interpretation of these sales conditions or contracts concluded between the Company and the customer. The parties to the contract undertake to resolve all disputes in a peaceful manner, and in case of exhaustion of all out-of-court ways to reach an agreement, the local competent court in the Republic of Slovenia with regard to the headquarters of the Company is responsible for resolving the dispute.
2. In accordance with the legal regulation, the Company does not recognize any provider of out-of-court resolution of consumer disputes as competent for the resolution of a consumer dispute that the consumer could initiate in accordance with the Act on out-of-court resolution of consumer disputes.
3. The provider, which, as a provider of goods and services, enables online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for the online resolution of consumer disputes (SRPS). The platform is available to consumers at the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL
  The aforementioned regulation comes from the Act on the Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes and the amendment of Regulation (EC) no. 2016/2004 and Directive 2009/22/EC.
4. The company complies with applicable consumer protection legislation. The company provides an efficient and confidential complaint handling system. The complaint must be sent to the e-mail address trgovina.siska@rifuzl.si.
5. The company will confirm receipt of the complaint to the customer within 5 working days and inform the customer about the progress and duration of the appeal procedure.
The Company's withdrawal from the contract
1. In case of violation of the terms of the contract or these general conditions by the customer, the Company has the right to withdraw from the contract without further notice to the customer. In such a case, the Company will return any paid amounts to the customer's transaction account.
2. The Company also has the right to withdraw from the contract in the event that the customer, who is not a consumer, becomes insolvent or unable to pay, or if funds have been blocked on the business account for more than 15 days, if a forced settlement or bankruptcy procedure is initiated or merely proposed.
3. The Company has the right to withdraw from the contract if the customer does not fulfill his obligations, if the customer provides false information to the Company that makes it difficult or impossible to fulfill the contract and if he does not pay his obligations in accordance with the contract and these general conditions.

ONLINE SALE OF PRODUCTS

User registration
1. Customers without registration can purchase products online. Customers are allowed to create their user account with a password at the same time when placing an order. The username is the same as the e-mail address that the user provided during the order submission process.
Order submission process
1. In the "store" section on the website, the user can select the "add to cart" option by clicking. The system then issues a notification about the successful addition of the product to the basket of desired goods. When the system registers the added product in the basket, the user can continue with the payment process or continue visiting the store by clicking on the corresponding "Show basket" button.
2. If the user wants to remove a particular product or service from the shopping cart, he can do so by clicking on the icon × with the selected product. If the user wants to add new products to the cart, he does so by clicking on the "Rifuzl Online Store" link and repeating the procedure from the transition article.
3. After confirming the shopping basket with the selected products, the system redirects the user to the form with the customer's or customer's data. To execute the order, the user must fill in all fields correctly. The system allows the user to save the data from the form in the user's profile for future orders.
4. The user can choose between the payment methods listed above.
5. The user can indicate that he wants to pick up the item of the order at the Company's business address, or he can choose delivery by the delivery service of Pošta Slovenije or DPD.
6. Before submitting the order, the user can check and, if necessary, correct all the entered data related to the order, which the system displays after successful confirmation of all the previous stages of the process. The user confirms the order by clicking on the "COMPLETE PURCHASE" button, thereby committing to fulfilling the contract and confirming that he is obligated to pay. If the order is successfully submitted, the system displays the order number.
7. The purchase agreement (order) is stored in electronic form on the Company's server, and the customer can obtain a copy by requesting it by email to: trgovina.siska@rifuzl.si.
8. After the successful submission of the order, the user receives a confirmation of receipt and confirmation of the order to his e-mail address.
9. The registered user can access information about the content of the contract and the status of the order in his user profile at any time.
10. In order to verify the user's data and the accuracy of the order, the Company may contact the user on his phone number.
Delivery conditions
1. For orders, the cost of transport packaging and delivery is EUR 3.90. There are no costs for transport packaging and delivery in the case of taking over the item of the order at the company's headquarters or in the case of ordering the product in electronic form.
2. In the case of cash on delivery when the order is delivered by Pošta Slovenije, the Customer also pays the commission of Pošta Slovenije. The commission amount for the order amount up to EUR 98.00 is EUR 1.05, for order amounts above EUR 98.00 to EUR 501.00 the commission is 1.07% of the order value, and for the order amount above EUR 501.00 the commission is 5.36 EUR.
3. Delivery is possible only in the territory of Slovenia.
4. The ordered goods, for which the order was placed on a weekday by 11 a.m., will be shipped on the same day, if the payment method was a payment card. In the case of the payment method of payment by proforma invoice or bank transfer, the goods will be shipped after receipt of funds to the Company's bank account. Goods ordered for which the order was placed on a holiday or holiday will be shipped on the first following business day. Products for which a longer delivery period is explicitly stated on the website will be delivered within the latter period.
5. In the event that, due to unforeseen reasons, the Company cannot ship the goods within the promised period, it will notify the customer of the new delivery period via the provided contact information.
6. In no case is the company responsible for non-delivery of goods for reasons beyond its control. The company will endeavor to do everything necessary to ensure that the goods are delivered as quickly as possible and that the customer is regularly and regularly informed of possible delivery delays by the supplier.
7. In the event that the customer does not receive the ordered goods within the agreed deadline, he must call on the Company to fulfill the obligations and set an additional deadline for fulfilling the obligations. If the Company does not deliver or fulfill its obligations even within the additional period, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of the goods.
8. The Company is not responsible for the delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fire, floods and other natural disasters, import or export embargoes or any other similar reasons or reasons of force majeure beyond the Company's control.
9. In the case of all the above-mentioned reasons for delay, the delivery time is interrupted for the duration of the influence of the mentioned conditions from the previous article, and after the end of the influence of such conditions, the deadlines run forward.
Receipt of goods
1. The subject of the contract must be fulfilled in the place agreed in the contract or offer. If the place of performance is not specified in the contract or offer, the Company and the customer may agree on this subsequently.
2. The customer is obliged to take over the object of the contract no later than 14 days after receiving a written request from the Company, in accordance with the previous points regarding the place of delivery/performance.
3. In the case of delivery of goods via partner delivery services, the customer is obliged to accept the goods in accordance with the terms and conditions of the delivery service.
Rights and obligations of consumers - the consumer's right to withdraw from the contract
1. In accordance with the Consumer Protection Act, the consumer has the right to notify the Company within 14 days of taking over the goods that he withdraws from the contract, without having to give a reason for his decision. The deadline begins one day after the date of receipt of the goods.
2. Withdrawal from the contract is sent by the consumer to the e-mail address of the seller trgovina.siska@rifuzl.si or in another way, which is made possible by the other contact information of the Company, or with the help of the form in the appendix to these general terms and conditions of business. The consumer must clearly and unequivocally indicate his will to withdraw from the contract. If the consumer decides to use the withdrawal form, the Company immediately sends the consumer by e-mail a confirmation of receipt of such withdrawal form on a permanent data carrier.
3. In case of withdrawal from the contract, the consumer either returns the received goods or sends them to the address of the Company Celovška cesta 111, Ljubljana. The buyer must return the goods to the company no later than 14 days after notifying the company of withdrawal from the order.
4. 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.
5. If the consumer withdraws from the contract, the company will return the received payments without undue delay with the same means of payment as was used in the execution of the original transaction, unless the consumer has expressly requested the use of a different means of payment and if the Company does not incur any additional costs as a result.
6. The consumer provides his personal information (personal name and contact information) together with the resignation statement. The Company returns the purchase price and all other payments no later than 14 days after receiving the notice of withdrawal, but the Company may withhold the refund until receipt of the returned goods or until the consumer provides proof that he actually sent the goods.
7. The only cost charged to the consumer in connection with withdrawal from the contract is the cost of returning the goods.
8. The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43 of the Consumer Protection Act, for contracts:
  - about goods that are manufactured according to the exact instructions of the consumer and adapted to his personal needs;
  - on goods that are perishable or expire quickly;
9. In the event that a coupon was used to pay for the order (or for part of the value of the order), in the event of withdrawal from the contract, the coupon will be returned to the consumer in the same value as the coupon had when the order was placed.
10. If a promotional discount code was used when placing the order, the discount will be returned to the consumer in the form of a new promotional code in the event of withdrawal from the contract.
Liability for factual and legal errors
1. The company is responsible for material defects that the goods had when the risk of accidental destruction or damage passed to the customer. As a rule, this moment occurs with the acceptance of the goods.
2. The error is real:
  - if the thing does not have the properties necessary for its normal use or for traffic;
  - if the item does not have the properties necessary for the specific use for which the buyer is buying it, but which the seller was aware of or should have been aware of;
  - if the thing does not have the characteristics and features that have been explicitly or tacitly agreed or prescribed;
  - if the seller has delivered a thing which does not correspond to the sample or model, unless the sample or model has been shown only for notice.
3. The customer is obliged to immediately or inspect the subject of the contract as soon as possible, identify any errors and record them. Otherwise, the Company does not take into account factual errors that are not hidden and were known or should have been known when inspecting the subject of the contract.
4. The customer is obliged to notify the Company of obvious material defects immediately or at the latest within eight days after the due inspection, and of hidden material defects immediately or at the latest within eight days of discovery, otherwise he is not entitled to remedy the material defect.
5. The consumer is obliged to notify the Company of a material defect within two months from the day the material defect was discovered.
6. The company is liable for material defects that become apparent within six months of delivery of the goods, and in the case of consumer contracts within two years from the date of delivery of the goods, or within one year of delivery in the case of the sale of used goods. The company guarantees that a third party does not have ownership or copyright rights or industrial property rights on the object of the contract that would exclude, reduce or limit the customer's rights, or it guarantees that it has these rights regulated with its contractual partners.
7. After notifying the Company of a material defect, the Consumer must allow the Company to inspect the goods and describe the defect in more detail in the notice of material defect.
8. The Company does not take into account insignificant factual errors.
9. If the Company establishes the existence of a material defect in accordance with the timely and correct notification of the consumer, the consumer has the right to request from the Company:
  - error correction or
  - refund of part of the amount paid in proportion to the error or
  - replacement of defective goods with new faultless goods or
  - refund of the amount paid.
10. In any case, the consumer also has the right to demand compensation from the seller for damages, and in particular reimbursement for the costs of materials, spare parts, work, transfer and transportation of products, which arise as a result of fulfilling the obligations from the previous paragraph.