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Purchases can only be made if before placing the order the buyer accepts the
general terms and conditions of this site, any other site-specific terms and conditions,
and agrees to any future changes made by the site administrator. The mutual
obligations of Top izbira d.o.o. and the buyer are governed by these General Terms
and Conditions, and the Slovenian Consumer Protection Act.
WEBSITE INFO
We reserve the right to make changes to the content and possibly implement other
changes. Despite our every endeavor to keep the published materials up to date and
accurate, occasional errors on the website may occur, for which we assume no
liability. Moreover, while we strive to put up high-quality photographs of the items, all
images should be regarded as for illustration purposes only rather than exact
representations.
Material defects
The procedure for claiming a material defect:
Article 37 of the Consumer Protection Act (ZVPot):
- The seller shall deliver goods to the consumer in accordance with the contract and
shall remain responsible for material defects relating to the fulfilment of the contract.
- A defect shall be deemed material if:
- 1. the item does not have the characteristics necessary for its regular use or placing
in circulation;
- 2. the item does not have the characteristics necessary for the special use for which
the buyer bought it, and this was or should have been known to the seller;
- 3. the item does not have the characteristics and features that were expressly or
tacitly agreed upon or prescribed;
- 4. the seller delivered an item that does not match the sample or model, unless the
sample or model was only shown for information purposes.
- The adequacy of goods for normal use shall be assessed in relation to usual goods
of the same kind and by having regard to any declarations of the seller as to the
characteristics of goods, provided by the seller or the producer through, in particular,
advertising, presentation of the product or indications on the goods.
- The responsibility for material defects shall be subject to the provisions of the act
governing obligations unless otherwise provided by this Act.
- Article 37a
- Consumers may exercise their rights resulting from a material defect on the
condition that they notify the seller of the defect within two months of the discovery of
the defect.
- In the notification of a defect the consumer shall precisely describe the defect and
enable the seller to inspect the item.
- The consumer may notify the seller of the defect in person, and the seller shall
either give the consumer a receipt or refer them to the shop where the item was
purchased, or to the representative of the seller with whom they concluded the
contract.
- Article 37b
- The seller shall not be liable for material defects that appear more than two years
after the item was delivered.
- If the contract between the seller and the consumers concerns a used item, the
seller shall not be liable for material defects on goods that appear more than one
year after the item was delivered.
- When a defect appears within six months of the item being delivered, the defect
shall be deemed to have existed at the time of delivery.
- Article 37c
- A consumer who has informed a seller of a defect in the prescribed manner, shall
have the right to request that the seller:
- eliminate the defect in the goods, or reimburse part of the amount paid in proportion
to the defect, or - replace the defective goods with new flawless goods, or -
reimburse the entire payment.
- In all cases, the consumer has the right to require the seller to reimburse them for
any damage, in particular reimbursement of costs of material, spare parts, labour,
transfer and transport of products incurred in relation to the fulfilment of obligations
referred to in the preceding paragraph.
- The consumer's rights shall expire two years from the day the consumer informed
the seller of the material defect.
GUARANTEE
Article 16
For goods covered by a guarantee the seller shall, upon concluding a sales contract,
give to the consumer a guarantee certificate of the guarantor. The guarantee
certificate shall include the following data:
company name and registered office of the guarantor;
seller's company name and registered office, unless it is also the guarantor;
date of delivery of goods;
product identification data;
statement by the guarantor to the effect that he guarantees the characteristics
or the perfect working order of the goods during the guarantee period, which
begins with the delivery of the goods to the consumer;
territorial validity of the guarantee;
duration of the guarantee period;
the period following the expiry of the guarantee period, during which the
guarantor guarantees the consumer maintenance, replacement parts and
attachment devices, if the goods are subject to obligatory guarantee;
a note that the guarantee does not exclude the consumer's rights arising from
the seller's liability for defects in goods.
Article 17 The guarantor shall be legally bound by a guarantee under the terms and
conditions specified in the guarantee certificate or in the relevant advertising
message.
The guarantee period shall be 1 year from invoice receipt.
Withdrawal from the contract
Pursuant to the Consumer Protection Act (ZVPot), the consumer shall have the right
to inform us (at: info@topizbira.si or by phone at 031 609 390) of their decision to
withdraw from the contract without giving any reason for such decision. In this case,
the only cost incurred to the consumer associated with the withdrawal from the
contract is the direct cost of returning the items (the shipping costs are borne by the
buyer). The consumer shall return the goods to the seller within a maximum of 14
days after submitting the withdrawal notice. We suggest getting in touch with us via
e-mail or dialing our phone number to agree on the best course of action regarding
the return.
Description of the right of withdrawal pursuant to Article 43č, i.e. notice if no such
right exists - In the event of withdrawal the company shall immediately, or not later
than 14 days from the day on which it receives the consumer’s decision to withdraw
from the contract, reimburse all payments received from the consumer. Unless the
company has offered to collect the goods itself, the consumer shall send back the
goods or hand them over to the company or to a person authorised by the company
to receive the goods, without undue delay and in any event not later than 14 days
from the date of the communication. The deadline shall be deemed met if the
consumer sends back the goods before the period of 14 days has expired.
Unless the company has offered to collect the goods itself, with regard to sales
contracts the company may withhold the reimbursement until it has received the
goods back, or until the consumer has supplied evidence of having sent back the
goods.
The consumer shall not have the right to withdraw from the contract in the following
cases:
- if the items are damaged, dirty, or show signs of use (physical damage, contact with
fluids),
- if the device or software contains user data, images, settings,
- if the accessories, instructions, related software (or the tamper evident security seal
is broken), guarantee certificate is destroyed, dirty, or missing.
Withdrawal form available at:
http://www.pisrs.si/Pis.web/npbDocPdf?idPredpisa=PRAV11915&type=pdf
Pursuant to the Consumer Protection Act (ZVPot), the consumer may notify the
company within 14 days of receipt of the product (rook.tomazic@gmail.com or +386
68 633 274).
COPYRIGHT
Top izbira d.o.o. designs its own unique phone cases. With regard to any images
you’d like to have on your phone case, please make sure that you have the
appropriate copyright permissions. The Topizbira.si online shop shall assume no
responsibility for copyrighted phone cases.
ACCESS TO INFORMATION
The vendor undertakes to provide the following information.
Company identification (name and registered office of the company and company
ID), information that facilitates fast and efficient communication (e-mail and phone);
availability of items (each item that is on the website is available within 6-12 days for
out-of-stock products and 1-3 days for in-stock products); the terms and conditions
governing the delivery of the items or rendering of the service (method, place and
time of delivery); all prices are clearly and unambiguously displayed, explicitly
indicating whether they include taxes and shipping costs; the method of payment and
delivery; the validity of the offer; the timeframe within which the contract may be
withdrawn. In addition, we inform the buyer of the cost of returning the goods, provide
a step-by-step guide to the complaints handling procedure, provide full details of the
relevant contact person, and customer service contact details.
SHIPPING
The transport of parcels is provided by the national mail service Pošta Slovenije. The
shipping fee is €2.90, except in instances where we offer free shipping.
PAYMENT METHODS
The vendor offers the following payment methods:
1. wire transfer to the business account of Top izbira d.o.o.
2. by cash on delivery via Pošta Slovenije
3. advance payment based on a quote/proforma invoice
PRICES
Prices are valid at the moment of the order. The prices apply if payment is made via
one of the above-mentioned payment methods. While we make every effort to
publish the most up-to-date and accurate information, there might be instances of
incorrect pricing. If that’s the case, or if the price of the item changes as the order is
being processed, the vendor shall give the buyer the option to withdraw from the
purchase, whilst also suggesting a compromise solution to the buyer to the mutual
satisfaction of both parties. The purchase is confirmed when the buyer receives an
email confirmation of the purchase.
COMPLAINTS AND DISPUTES
We operate in compliance with the relevant consumer laws and endeavor to offer
extensive support to the customer in case of disagreements or complaints. The
complaints procedure is confidential. Customer complaints can be submitted by email
(info@balistic.eu or by telephone at +386 31 609 390. Subject to legal regulations,
we do not recognize any provider of out-of-court consumer disputes as being
competent to resolve a consumer dispute that a consumer may initiate under the Out-
of-Court Settlement of Consumer Disputes Act. Purchases can be made via the
website http://www.topizbira.si/ across Slovenia. In the event of a dispute, consumers
can use the dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL.
