Consumer Protection

The general terms and conditions of the Bionicvillage.com online store have been compiled in accordance with the Consumer Protection Act (ZVPot), with the recommendations of the Chamber of Commerce and Industry of Slovenia. By using the Bionicvillage.com website, you are deemed to have accepted the stated terms. MIEB Ltd. reserves the right to change the terms and conditions on the Bionicvillage.com website at any time.

Bionicvillage.com is an online store operated by MIEB Ltd., Kolodvorska ulica 9, 2331 Pragersko and is an e-commerce service provider, hereinafter referred to as the provider. Upon completion of the purchase, or correctly completed form for ordering goods, each visitor to the online store Bionicvillage.com also becomes a user or customer.

The General Terms and Conditions deal with the operation of Bionicvillage.si, user rights and the business relationship between the provider and the customer.

Availability of information (summarized by law)

The provider undertakes to always provide the buyer with the following information:

• company identity (company name and registered office, register number)
• contact addresses that enable fast and efficient communication (e-mail, telephone)
• essential characteristics of the goods or services (including after-sales services and warranties) availability of products (any product or service offered on the website should be available within a reasonable time)
• conditions of delivery of the product or execution of the service (method, place and deadline of delivery)
• all prices must be clearly and unambiguously set and it must be clearly shown whether they already include taxes and transport costs
• method of payment and delivery
• time validity of the offer
• the period within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, also about if and how much it costs the customer to return the product
• The complaint procedure must be clarified, including all details of the contact person or customer service

Methods of payment – payment terms

In the online store Bionicvillage.com, the provider allows the following payment methods:

1. Payment on delivery

In case you want to pay for your order upon delivery to your address (after collection), please indicate this separately on the order form. You pay the amount of the order to the delivery person in cash when the delivery person delivers the ordered goods to your address. When paying by cash on delivery, the cost of the commission for the payment of the amount with the UPN order according to the price list of Pošta Slovenije is also calculated. The amount is displayed and billed in the final order form. To avoid the amount of the commission, we recommend that you choose the method of payment by proforma invoice.

2. Payment according to the offer – by prior transfer

In case you want to pay for your order via offer / proforma invoice, please indicate this on the order form, which is located in the online shopping cart. We will check how quickly the ordered goods are delivered and send you an offer as soon as possible together with this information. With this offer you then pay for the ordered goods. Once the payment is visible on our bank acount, we will ship the goods via the delivery service to your address within the promised delivery time.

Prices and delivery times

All prices in the online store Bionicvillage.com are listed in EUR and already include value added tax (VAT). The prices published at the time of placing the order are valid.

Delivery times, which are published for individual products, are estimated based on logistics data and data on stocks from our issuing warehouses. Due to various factors over which we have no direct influence, deviations are possible. The delivery time may also change in the period from the order being placed to the start of order processing, of which we will, of course, inform you immediately.

The price is valid for all registered customers of the online store Bionicvillage.com and also for those customers who make a purchase in a different way (telephone order). You become a registered customer when placing an order via the online shopping cart on the Bionicvillage.com website.

Purchase process

1. Ordering and placing an order

The customer selects the desired product and by clicking on the “Add to cart” button accesses the order form for this product. The customer enters all the necessary information in the form and places an order by clicking on the place an order link. After placing the order, the buyer receives a notification / contract (the contract is in Slovenian) by e-mail, thus the order is accepted in the queue. At this stage, the customer has the option to cancel the order via email or phone. You can also conclude a contract or order by phone, e-mail or the Internet via the online store using the procedure described above. Errors, corrections or additions to the order can be reported to us by e-mail anja.kostevsek@energy-bionics.com or phone +386(0)41 579 765, we will take into account all your comments, errors or corrections. In the case of a successfully placed order, a confirmation text will also be displayed after the submission. If you do not see this text and at the same time do not receive a confirmation e-mail to your e-mail address, it means that there has been either a technical error or incorrectly entered data. You can repeat the procedure, or contact us for help on tel. +386(0)41 579 765 or email anja.kostevsek@energy-bionics.com.

2. Order confirmed

After the expiration of two hours from the acceptance of the order in the queue, but no later than 72 hours, the bidder reviews the order, checks the availability and confirms the order or rejects it with a reason. The provider reserves the right to call the customer on his contact telephone number if necessary. Upon confirmation of the order, the provider notifies the buyer by e-mail or telephone of the estimated delivery time. The contract for the purchase of ordered items between the buyer and the provider is concluded at this stage.

3. Goods shipped

The bidder packs the goods and sends them within the promised deadline.

Right of withdrawal from the purchase, return of goods

In the case of distance contracts, the consumer has the right to inform the company within 14 days of receiving the goods that he is withdrawing from the contract, without having to give a reason for his decision. The only cost borne by the consumer in connection with the withdrawal is the direct cost of returning the goods. Please inform us in writing about the intended return to the address of the company MIEB Ltd., Kolodvorska ulica 9, 2331 Pragersko and, in addition, to anja.kostevsek@energy-bionics.com. The consumer must return the goods within 30 days of the notified intention to withdraw from the contract. Refunds must be made by the company as soon as possible and no later than thirty days after receipt of the notice of withdrawal.

The received goods must be returned by the buyer undamaged and in the same quantity in the original packaging and all associated accessories (instructions for use, transparent foils…), unless the goods are destroyed, damaged, lost or their quantity has decreased without any fault of consumer.

To facilitate the understanding of the rights to return products, we provide an explanation from the Market Inspectorate (source: Information – Bulletin of the Chamber of Commerce of Slovenia, January 20, 2012, No. 3):

In the case of the right to withdraw from a distance contract, it should be noted that it is a withdrawal from the contract, without there being anything wrong with the thing, but this right goes to the consumer because of the very nature of the contract – the distance contract. The right to withdraw from the contract is not that the consumer does not know what he is buying (in principle, the consumer also knows what he is ordering in other things), but only that he reconsiders his decision within the legally prescribed period and in case, that this decision was hasty, changes his decision and withdraws from the contract.

It should also be noted that the conclusion of a distance contract does not give the consumer more rights than the conclusion of a contract in the traditional way (ie by visiting the store). Thus, the consumer cannot and must not use the received goods without hindrance until the withdrawal from the contract, as this is not a purchase on trial, where the examination of the goods would be a condition for maintaining the contract in force. The consumer may therefore inspect and test the goods received only to the extent strictly necessary to establish the facts and, as is customary in shops. Any “testing” that deviates from the above can be considered as the use of the goods, which means that the consumer loses the right to withdraw from the contract.

The right to withdraw from the contract no longer gives the consumer any right, but only the possibility to reconsider his purchase decision even after receiving the goods and, if that decision was hasty, to change his decision and withdraw from contract, but does not give him the right to use the goods.

Unless the parties to the agreement have agreed otherwise, the consumer has no right to withdraw from the contract:

• in the case of contracts having as their object goods which have been manufactured according to the precise instructions of the consumer and which have been adapted to his personal needs and which, by their nature, are not eligible for repayment, perishable or expired

If the contract is performed by a legal or natural person performing a gainful activity, regardless of its legal organizational form or ownership affiliation, the provisions of this Chapter shall not apply to it. In these cases, we will process your claims for the return of goods individually, taking into account as much as possible all the reasons and circumstances and the possibilities provided to us by our suppliers.

What to do in case you received damaged goods?

In the event of visible damage to the packaging or goods, the customer’s complaint to the provider or delivery service must be submitted immediately upon receipt of the goods. The buyer is not obliged to accept such goods and may refuse the shipment.

In the event that the package is physically damaged, lacks content or shows signs of opening, or the products in the package are damaged, but the customer nevertheless took over such a package because these signs were not immediately noticed on the packaging or on the products themselves or were hidden, the buyer must then initiate a complaint procedure with the supplier or the provider. If you suspect that the damage occurred during the delivery of the product and was caused by the transport service, you manage this situation by bringing the package to the nearest delivery service unit in the same condition as you received it (without adding or removing anything, necessarily packed in or at least with the enclosed original packaging, which is at the same time most often an indicator of the cause of the damage) and fill in the report on the damaged shipment. However, with the delivery unit that delivered the product to you, you can arrange for their employee to visit you at home, who in your presence fills in the report on the damaged shipment, then the buyer takes care of the necessary replacement or arrangement of the matter. The bidder agrees with the buyer on an appropriate solution. In the event of damage that is acceptable to the buyer and the buyer would retain such a product, the bidder may issue a financial credit to assess the damage. However, if the damage is too great and unacceptable to the customer, the customer is of course entitled to replace the product. Together with the delivery service, we will make sure that the complaint is resolved in the shortest possible time.

We recommend the customer to review and check the contents in the presence of the delivery person before receiving the package.

Complaints (actual error and warranty)

Actual error

A consumer complaint can be made for any purchased product that has a warranty, as well as those without it. Thus, due to a defect in the product for which the warranty has been given, the consumer can enforce the rights arising from a material defect. However, in this case, he cannot also enforce the rights under the warranty if the product has one. The consumer must make this clear when enforcing the rights arising from material errors. We recommend in writing.

Due to a material defect, the consumer can complain about the defect to the seller within 2 months from the discovery of the material defect, and at the latest within 2 years when the goods were taken over by the buyer.

The consumer may request at his own discretion: Elimination of the defect, refund of the amount paid in proportion to the defect, exchange of goods or refund of the amount paid.

When enforcing the rights under this title, the consumer must describe the defect in more detail to the trader in the defect notice and allow the seller to inspect the product. If the defect is not disputed, the trader must comply with the consumer’s claim as soon as possible, but no later than within 8 days. However, if there is a dispute about the defect, the trader must give the consumer a written answer within 8 days.

The error is real:

1. if the thing does not have the properties necessary for its normal use or for marketing;
2. if the thing does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;
3. if the thing does not have properties and qualities that have been explicitly or tacitly agreed or prescribed;
4. if the seller has handed over a thing which does not match the pattern or model, unless the pattern or model was shown only for the purpose of notification.

Warranty

The guarantee can be claimed by the consumer for products for which a guarantee is obligatory as determined by the Rules on Goods, for which a guarantee for faultless operation is issued (OJ RS, No. 14/12). Of course, it is possible that the guarantee is also offered voluntarily for additional products or services.

During the warranty period, the consumer may request from the guarantor: free rectification of the defect, if rectification is not possible within a total of 45 days, the consumer may request a replacement for a new identical or equivalent product or a refund if the product cannot be replaced.

Delivery and personal collection

The bidder must deliver the goods or services within the promised time. The contractual partner for the delivery of shipments is Pošta Slovenije, but the provider reserves the right to choose another delivery service if it will be able to fulfill the order more efficiently.

Shipping cost

The cost of delivery is listed in the table with information in the online catalogue / publication for each product and is always displayed for information, and also added to the online shopping cart, before and when placing the order.

The cost of delivery is the same for the whole of Slovenia.

Delivery time

Delivery is made during the week until 4 pm and on Saturday in the morning (if delivered by Pošta Slovenije) to the address you enter when placing the order. If you want to add an additional delivery address, enter it in any field of the order form. If you selected cash on delivery as the method of payment at the time of purchase, please make sure that the recipient of the shipment has enough cash with him to pay the ransom. In some cases, delivery outside the working hours of the delivery service is also possible, deliveries at agreed hours or deliveries via faster delivery routes are also possible. Consult the commercialists of the online store Bionicvillage.com about these options, the cost of such agreed deliveries with special wishes may differ from the above conditions of normal delivery.

If you are not at home at the time of delivery, the courier / delivery person will leave a message on the basis of which you will agree on re-delivery or collection, and in the event that Pošta Slovenije delivers, the goods are waiting for you at the nearest post office. To make it easier to deliver the ordered mail, we recommend that you leave your telephone contact when ordering, where they could be reached at the scheduled delivery time.

Delivery speed

How quickly the goods will be delivered to you depends on many factors. If the ordered goods are in stock in our warehouse and you place the order by 12 noon, the goods will be shipped by us on the same day. If we do not have any of the ordered items in stock, your shipment will be shipped the same day we receive the items in stock. Our sales representatives will inform you by e-mail or by phone about the stock status and the estimated delivery time. Delivery is made by the delivery service, usually the next working day from the day of dispatch, but no later than within three working days.

Security and the right to privacy

According to the privacy policy, we carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration or destruction. The data is stored on password-protected and restricted servers. The Bionicvillage.com online store takes good care of the security of your personal data and respects your choices for their intended use. Under no circumstances will the user’s data be passed on to a third party.

Communication

The provider may contact the user via means of distance communication only if the user does not explicitly object to this.

• Advertising emails must contain the following components:
• They must be clearly and unambiguously marked as advertising messages
• The sender must be clearly visible
• Various campaigns, promotions and other marketing techniques must be marked as such. The conditions for participation in them must also be clearly defined.
• The user’s wish not to receive advertising messages must be respected