1 / 5 GENERAL OPERATING TERMS AND CONDITIONS OF THE GOR Kolesa, d.o.o. ONLINE SHOP The General Terms and Conditions of the rogbikes.com online shop (hereinafter: Online Shop) set forth the terms and conditions for purchasing and selling products carried out by the company GOR Kolesa, proizvodnja koles, d.o.o., Partizanska cesta 12 (hereinafter: GOR Kolesa). The General Terms and Conditions of the rogbikes.com Online Shop have been composed pursuant to the Consumer Protection Act (ZVPoT) and international codes of e-business. The rogbikes.com Online Shop is an information system intended for presenting and selling products to users. It is managed by the company GOR Kolesa. The User shall be a person using our system, i.e. a Buyer in the rogbikes.com Online Shop. The company GOR Kolesa and the Buyer (User) shall use these Terms and Conditions to govern their mutual obligations related to purchases made in the Online Shop. Every User of the Online Shop services shall have a user name and a password that are used to identify themselves. The password shall be permanent and only known to the User who receives it via the registered e-mail address. The User shall be obliged to guarantee that only they or a person authorised to represent them on their behalf shall access the Online Shop on their behalf using their password. The General Operating Terms and Conditions shall deal with the operation of the Online Shop, the rights of the User, and the business relationship between the Provider and the Buyer. Information on the Provider Company name: GOR Kolesa d.o.o., proizvodnja koles Abbreviated company name: GOR Kolesa, d.o.o. Registered office: Velenje Address: Partizanska cesta 12 E-mail address: info@rogbikes.com Phone no.: (03) 899 7563 VAT ID no.: SI 77115066 Registration no.: 7069472000 Tax number: 77115066 Company register: Celje District Court Share capital: 150,000.00 Banks and corporate bank accounts: Nova Ljubljanska banka, d.d., Ljubljana: 0292 3026 1927 785 Payment methods Credit card The goods ordered in the Online Shop can be securely paid with a credit card. Payments can be transacted through the system. The payer shall be a person or an organisation that owns a credit card. In events when the card holder is not a citizen of Slovenia and in events when the recipient and the payer are not the same person, we shall reserve the right to additionally verify the identity of the payer and to receive a written statement via e-mail or fax which states that the payer agrees with the payment of the ordered goods. After an order has been submitted using this method of payment, the content of the order, the final amount, the delivery address, and other conditions agreed upon cannot be modified.
2 / 5 The company GOR Kolesa shall remain the owner of the ordered products until they have been paid in full, even if they have already been delivered to the Buyer. If a credit card is selected as the method of payment and the payment transaction fails for any reason whatsoever, the Buyer undertakes to fulfil their obligation to pay the purchase price of the ordered products using one of the other methods of payment available within five days after receiving a payment notice. In the event of non-payment or partial payment, the company GOR Kolesa shall have the right to demand the return of the product from the Buyer in perfect condition. The Provider shall issue an invoice on a permanent medium (paper) that shall serve, in addition to the warranty certificate, as proof required for making a complaint or for an after-service task performed within the valid warranty period. Prices in the Online Shop All prices shall be in EUR and shall include VAT. We reserve the right to modify prices, unless stated otherwise (in the event of special deals and discounts). The prices shall apply as of the moment of submitting an order and their validity period shall not be determined beforehand. The prices shall apply in the event that the payment was made using the above methods of payment under the above terms and conditions. The listed prices only apply to purchases made in the Online Shop and may differ from the prices in stores or in GOR Kolesa studios. The Provider endeavours to provide the latest and accurate information concerning the products on offer in the Online Shop. In the event that the information on the price of the product offered in the Online Shop is incorrect or in the event that the price of the product changes while the order is being processed, the Provider shall enable the Buyer to withdraw from the purchase, while offering the Buyer a solution that is to their mutual satisfaction. Validity of the special offer The validity periods of special offers, which can differ from one special offer to another, shall be stated when the special deal is published. Right to withdraw from purchase, return of goods A consumer shall have the right to notify the Provider in writing within 14 days of the delivery of goods that they are withdrawing from the sales agreement; the notification shall be e-mailed to info@rogbikes.com. The consumer shall then return the goods to the Provider within 14 days of the written notification, whereby the direct costs of the return shall be borne by the consumer. The products must be unused, undamaged, and in their original packaging. A copy of the invoice shall be enclosed. The costs of the refund of goods shall not be borne by the Buyer. The Provider shall refund the full purchase price (purchase price incl. delivery costs) as soon as possible, but at the latest within 15 days of receiving the notification on the withdrawal from the agreement. The Buyer shall return the goods to the following address: GOR Kolesa, d.o.o. Partizanska cesta 12 3320 Veljenje Warranty All products on sale in the Online Shop shall have a warranty for perfect functioning provided by the importer or the manufacturer of the product, and after-sales service and spare parts shall be provided in Slovenia. In order to enforce warranty claims and after-sales service, you can turn to your closest authorised after-sales service provider or the company ROG Kolesa. When enforcing warranty claims, the warranty conditions stated on the war-
3 / 5 ranty certificate enclosed with each product shall apply. Generally, the warranty does not apply to consumable materials. The warranty shall be enforced using a copy of the invoice and the warranty certificate. All manufacturing defects and deficiencies that occur within the warranty period shall be eliminated free of charge at the authorised after-sales service. The after-sale service for products, the warranty of which has already expired, shall be provided within a five-year period following the expiration of the warranty, unless otherwise determined by law. The warranty shall cease to be in force in the following cases: failure to observe the instructions for use, repair performed by an unauthorised person, installation of unoriginal parts of the product, negligent handling of the product, damages incurred due to mechanical blows at the fault of the Buyer or a third person, the use of the product for professional and profitable activities. If you wish to receive additional information related to the warranty and authorised after-sale services, please contact the provider at the following e-mail address: info@rogbikes.com. A 2-year warranty period as of the date of delivery shall apply for bikes of the ROG brand, and a 3-year warranty period as of the date of delivery shall apply for the bike frame. Term of delivery Desiring to meet the wishes of the Buyers, the Provider offers free delivery of products purchased in the Online Shop to the address of Buyers in the Republic of Slovenia. The specific time of delivery shall be provided to Buyers by means of a prior notification by the authorised delivery service. The delivery of products shall only be carried out on working days. If a product is in stock, the term of delivery shall be at the most two business days after receiving an e-mail notification to your e-mail address stating that your order has been dispatched, otherwise the term of delivery shall be suitably longer. The Provider shall deliver the purchased goods free of charge to a yard accessible to lorries. The delivery of the goods inside your residence shall not be provided. In the event that, upon delivery, the Buyer is not present at the agreed upon address, a valid acceptance of the product can be performed by an adult (who has reached the age of majority) living in the same household as the Buyer or any other person who is authorised to receive the product. The person accepting the delivered product shall confirm the acceptance of the product and the acceptance of all accompanying documents by signing the delivery note and stating their name, surname, the date of receipt, and their relationship to the person who placed the order. The Provider s responsibility in the event of a delay in the handover of items The Provider shall not be held responsible for any delays in the fulfilment of their contractual obligations that are a result of exceptional natural conditions (earthquake, hail, floods, drought, etc.), strikes (at the seller s company, in other companies, government offices, etc.), exceptional social conditions (war, acts of terrorism, etc.), and of other reasons and circumstances that the seller was unable to prevent, eliminate, or avoid. In such cases, the delivery term shall be extended accordingly, i.e. taking into consideration the period in which such conditions occur.
4 / 5 Late payment by the Buyer If the Buyer fails to secure the agreed upon payment of the purchase price in a timely manner, it shall be deemed that they are in default with regard to the acceptance of goods. In the event of a late payment, the Seller shall have the right to receive statutory interest on late payment. If the Buyer fails to accept the goods prepared for acceptance by the Seller, they shall risk the random destruction of the goods and they shall be obliged to reimburse the Seller for any damages incurred due to the default. Security The Provider shall use technological and organisational means for protecting the transfer and storage of personal data, orders, and payments. The company GOR Kolesa is a trader certified by banks, which is in a contractual relationship with a bank. GOR Kolesa have an agreement with Telemach for the Transact-Eon service, which is an interface for the secure acceptance of payments via the internet. Through the Transact-Eon system, the best security measures are established, so private and financial data (debit and credit card numbers and methods of payment) are protected even in the phase of being sent via the internet. A 128bit SSL security protocol of the company Verisign shall be used for providing data security and coding through the Transact-EON system. The Buyer shall be responsible to access their system and they alone shall secure user data and passwords. The Buyer shall guarantee the accuracy and truthfulness of all submitted data, and the Buyer shall also be held liable by the company GOR Kolesa for any damages incurred due to inaccurate or false data. Right to privacy The Provider undertakes to continuously protect all personal data pursuant to the Personal Data Protection Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 86/2004). All data obtained through the website shall be used exclusively for sending informational materials, offers (quotes), invoices, and other required forms of communication. Communication Notifications concerning monthly deals and promotional e-mails shall be clearly and unambiguously marked as promotional messages. The sender shall be clearly visible. The Provider shall unconditionally take into consideration the desire of the User not to receive promotional messages and notifications on monthly deals. Waiver The Provider shall make their best effort to ensure that the data published on their website is in compliance and up to date. However, the characteristics of products, their stock, and price can change so quickly that the Provider fails to correct the data on the website in a timely manner. In this case, the Provider shall inform the Buyer concerning any changes and enable them to cancel their order or replace the ordered item. All product photographs are symbolic and do not guarantee the characteristics of the product. Complaints and disputes The Provider shall observe the applicable legislation concerning consumer protection. Users can e-mail any objections and complaints to info@rogbikes.com or send them by mail to:
5 / 5 GOR Kolesa, proizvodnja koles, d.o.o. Partizanska 12 3320 Velenje The Provider shall confirm within five business days that they have received the complaint, they shall inform the User/Buyer how long it will take to process it, and they shall provide ongoing information regarding the progress of the procedure. The Provider shall make all reasonable efforts to find an amicable solution to any disputes. Considering that the company GOR Kolesa, d.o.o. has established an effective system for processing complaints, it shall not recognise pursuant to the provisions of the Out-of-Court Resolution of Consumer Disputes Act any provider of out-of-court resolution procedures for consumer disputes as competent to resolve a consumer dispute. The company GOR Kolesa, d.o.o., as a provider of goods and services that enables online shopping in the area of the Republic of Slovenia, shall publish a link on its website to a platform for online consumer dispute resolution (SRPS). Amendments to the General Terms and Conditions of online sale In accordance with their business decisions, the Provider shall reserve the right to amend these General Terms and Conditions of sale. Applicable law Slovenian law shall be exclusively applied for issues not regulated by means of these General Terms and Conditions of Sale. Validity In the event that some of the adopted sales terms and conditions cannot be applied for any reason whatsoever, or they are not valid for any reason whatsoever, the remaining terms and conditions shall remain valid. Velenje, January 1st, 2017 Managing Director: Rok Lesjak GOR Kolesa proizvodnja koles, d.o.o. Partizanska cesta 12 3320 Velenje T +386 (0)3 89 97 563 info@rogbikes.com rogbikes.com #rogbikes