Terms of Service

Welcome to my online store.

These Terms of Service are compiled in accordance with the Slovenian Consumer Protection Act (ZVPot-1), the Electronic Commerce on the Market Act (ZEPT), the Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS), and other applicable regulations of the Republic of Slovenia and the European Union governing online sales and consumer protection.

The online store is operated by:

• Business Name: Založništvo, Neža Štremfelj s.p.

• Registered Address: Cirilova ulica 5, 4000 Kranj, Slovenia

• Registration Number (Matična številka): 9235230000

• Tax Number (Davčna številka): 16119835

• Registration Authority: Registered in the Business Register of Slovenia at AJPES

• Email Address: shop@nezastremfelj.si

• Telephone Number: +386 40 704 579

Prior to using the online store and placing an order, please read these Terms of Service carefully. By placing an order, the buyer confirms that they are fully aware of and agree to these Terms of Service in their entirety.

1. Product Offerings, Prices, and Payment

My online store offers original artistic products: art prints, stickers, postcards, and greeting cards.

• Prices: All prices in the online store are listed in Euros (€). Prices are final. The seller is not registered for VAT, therefore VAT is not charged in accordance with Paragraph 1 of Article 94 of the Slovenian Value Added Tax Act (ZDDV-1). Shipping and delivery costs are not included in the product price and are clearly displayed to the buyer before the final confirmation of the order. Prices are fixed at the moment the order is placed.

• Payment Methods: We accept payment by credit/debit cards (via the Stripe system) and PayPal. All payments are executed at the time the order is placed.

• Prepayment Interest Disclaimer: Since online transactions are paid in advance (prepayment), the seller hereby informs the buyer that our prices are formulated to incorporate any potential price benefits and discounts. Therefore, any prepayment interest under Article 34 of ZVPot-1 is deemed fully settled and compensated in favor of the buyer.

• Prevention of Geoblocking: In compliance with EU Geoblocking Regulation 2018/302, we deliver to Slovenia and other EU countries available during the checkout process. We do not block website access based on IP address, nor do we discriminate against payment cards based on the country of issue or nationality of the customer.

2. Technical Steps for the Conclusion of the Contract and Storage

The purchasing process in our online store follows these technical steps:

1. Product Selection: The customer selects the desired item, determines the quantity, and adds it to the shopping cart.

2. Shopping Cart Review: The customer can review the contents of their cart, adjust quantities, or remove items at any time.

3. Customer and Shipping Details: The customer enters their contact details, delivery address, and selects the preferred shipping and payment methods.

4. Preview and Error Correction: Directly before concluding the purchase, the system displays the complete order summary (items, quantity, prices, address, and shipping cost). At this stage, the customer can verify all details, go back, and correct any input errors.

5. Order Placement: The customer places the order by clicking the final button labeled "Kupi in plačaj" (or "Buy and Pay" / equivalent unambiguous phrasing indicating a payment obligation).

6. Confirmation of Receipt: Upon successful order placement and payment, the customer receives an automated confirmation email with the order details.

The sales contract is concluded in the English and Slovenian languages. All contract provisions and invoices are stored in electronic form on the seller's server, are securely managed through our billing partner Čebelica.biz, and remain accessible to the customer at any time, free of charge, upon written request via email.

3. Shipping, Fulfilling Orders, and International Customs Disclaimer

• Fulfillment & Shipping Times: Orders are prepared and shipped within 1–5 business days. The actual delivery time after shipment depends on the selected shipping method and the destination country, and is estimated during the checkout process.

• Delivery Delays: In accordance with Article 26 of ZVPot-1, the seller must fulfill the order within 30 days of contract conclusion unless a different timeframe is agreed. If we fail to deliver within this period, the buyer shall grant a reasonable grace period. If we fail to deliver within the grace period, the buyer may withdraw from the contract, and we will issue an immediate refund.

• Damage in Transit: The risk of loss or damage to the shipped goods passes to the consumer (buyer) only when they (or a third party other than the carrier indicated by them) acquire physical possession of the goods. The seller is fully liable for any damage occurring during transit until delivery is completed.

• Customs, Duties, and Taxes (International Buyers Outside the EU): If you order products for delivery outside of the European Union (EU), your shipment may be subject to local import duties, clearance fees, and taxes, which are levied once the package reaches your country. All such additional customs clearance fees, import duties, and local taxes are the sole responsibility of the customer (the buyer). We have no control over these charges and cannot predict their amount.

4. Statutory Legal Warranty of Conformity (Neskladnost blaga)

The seller is liable for any lack of conformity of the goods that exists at the time of delivery and becomes apparent within two (2) years of delivery (Articles 71 and 78 of ZVPot-1).

• 1-Year Presumption of Defect: Any lack of conformity which becomes apparent within one (1) year of delivery is legally presumed to have existed at the time of delivery, unless the seller proves otherwise or this presumption is incompatible with the nature of the goods or the defect (Article 80 of ZVPot-1).

• Filing a Claim (Article 81 of ZVPot-1): The buyer must notify the seller of the non-conformity within two (2) months of the day the defect was detected (Article 84 of ZVPot-1), describe the defect in detail, and allow the seller to inspect the goods.

• Order of Claims (Articles 82 and 83 of ZVPot-1):

1. The buyer may first request free rectification of non-conformity (repair or replacement of the product) within a reasonable timeframe not exceeding 30 days (extendable by a maximum of 15 days under exceptional circumstances).

2. If the seller fails to repair or replace the product, if the defect persists, or if the defect is too severe, the buyer may request a proportional reduction in price or withdraw from the contract and demand a full refund.

3. Immediate Right to Reject: Notwithstanding the order of claims, the consumer has the immediate right to withdraw from the contract and demand a full refund if the non-conformity becomes apparent within 30 days of delivery, without first being required to request repair or replacement (Paragraph 2 of Article 83 of ZVPot-1).

• Settle of Claims & Deadlines: If the non-conformity of the goods is disputed, the seller will respond to the customer in writing within eight (8) days of receiving the claim (Article 85 of ZVPot-1). Any refunds resulting from an accepted withdrawal from the contract will be issued within eight (8) days of receiving the returned goods or proof of shipping (Article 86 of ZVPot-1).

5. Complaints, Governing Law, and Dispute Resolution

We strive to resolve any complaints and disputes amicably. Complaints can be submitted to our email address: shop@nezastremfelj.com. We will acknowledge receipt of the complaint within 8 days and propose a resolution process.

• Governing Law: These Terms of Service and any sales contracts are governed by and construed in accordance with the laws of the Republic of Slovenia.

• Rome I Regulation Protection: If you are a consumer residing in another Member State of the European Union, this choice of Slovenian law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your habitual residence (EU Regulation 593/2008).

• Out-of-Court Dispute Resolution (IRPS): In accordance with Paragraph 3 of Article 32 of the Slovenian Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS), we explicitly state that we do not recognize any out-of-court consumer dispute resolution provider as competent to resolve consumer disputes.

• Online Dispute Resolution (ODR): The European Commission provides an online platform for amicable cross-border dispute resolution, which you can access here: https://ec.europa.eu/consumers/odr.

6. Mandatory Tax and Invoice Notice (Slovenian Law ZDavPR)

In accordance with Slovenian tax legislation, please take note of the following mandatory warning regarding cash-equivalent transactions (credit card/PayPal purchases):

CASH RECEIPT NOTICE / OBVESTILO O OBVEZNOSTI IZDAJE IN PREVZEMA RAČUNA:

• The seller must issue an invoice for the sale of goods or services and hand it over to the customer.

• The customer must accept the invoice and retain it immediately after leaving the business premises / completing the transaction.

• Prodajalec mora za opravljeno storitev ali dobavljeno blago izdati račun in ga izročiti kupcu. Kupec mora prevzeti račun in ga zadržati neposredno po prejemu.