General Terms and Conditions

These general terms and conditions of use of serena.si online store are drafted in accordance with the Consumer Protection Act (ZVPot, Official Gazette RS, Nos. 98/2004-UPB2, 126/2007, 86/2009, 78/2011), the Electronic Commerce Market Act (ZEPT, Official Gazette RS, No. 96/2009-UPB2), the Obligations Code (OZ, 97/2007-UPB1) and international codes of conduct of e-commerce. Click this link… to read the privacy policy in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as GDPR).

Serena.si online store (hereinafter also referred to as the “store”) is operated by SERENA d. o. o., Cesta k Tamu 26, 2000 Maribor, Registration Number: 5702151000, VAT Identification Number: SI51780895, also an e-commerce service provider (hereinafter also referred to as the seller or Serena d.o.o.)

The general terms and conditions set out the operation of serena.si online store, the rights and obligations of users and the store and regulate the business relationship between serena.si and customers. Moreover, they lay down the rules relating to the purchase at the Serena d.o.o.’s collection point.

E-COMMERCE SECURITY

The operator of this online store uses appropriate technological and software tools for the protection of transfer and storage of personal data as well as payments. The online store is secured with an SSL certificate. Secure Sockets Layer (SSL) is a cryptographic protocol providing security over internet communications, e.g. web browsing and e-mail, where there is a need for the transfer of data of a confidential nature (e.g. personal data and credit card numbers).

Availability of Information

Serena d.o.o. undertakes to ensure the availability of the following information to customers before they become bound by a contract or a quotation:

1. Information about Serena d.o.o. (company name and head office, company registration number),
2. Contact details for fast and effective user communication (e-mail, phone),
3. Key properties of products and the validity of this information,
4. Availability of items (any item posted online should be available within a reasonable period or time),
5. Delivery conditions of goods (and delivery method, place and period),
6. Prices shall be stated clearly and unambiguously, with a clear indication of whether they include taxes, shipping costs and other charges, and an indication of the validity of this information,
7. Method of payment and delivery or execution, and date of validity of this information,
8. Duration of the offer,
9. Period in which it is possible to withdraw from the contract, the conditions of withdrawal (explanation of the right of withdrawal in accordance with Article 43č of the ZVPot; in cases where consumers are not entitled to withdraw pursuant to Article 43č of the ZVPot, they shall be expressly informed thereof),
10. Complaint procedure, including all relevant information on a contact person or customer service centre.

Ordering

A contract of sale between Serena d.o.o. and a customer shall be concluded at the serena.si online store when Serena d.o.o. sends the customer the first e-mail about the status of the order (i.e. order acknowledgement letter). From that point onward, all the prices and other terms and conditions shall be fixed and binding for Serena d.o.o. and the customer. A customer is a person in possession of data as indicated at the time of order placement. No subsequent change to the data on the customer is possible.

The contract of sale (i.e. the first e-mail about the status of the order) shall be stored in electronic form on serena.si server.

Invoicing

Serena d.o.o. will include the printed invoice for the purchase in the package of the items ordered. The invoice will comprise the price breakdown, all costs relating to the purchase, and a notice of the right of withdrawal from the contract.

The customer is obliged to check the correctness of the information prior to submitting the order. Any subsequent complaints about the correctness of the invoice will be disregarded.

Promotional Code

Promotional codes offer attractive benefits for customers and are limited in time. The current promotional code can be found in advertising messages and in other media.

A customer who has used a promotional code and has later cancelled the order, including the code used, shall no longer be entitled to a new benefit of this code.

How to use promotional codes:

• Select the items you wish to purchase and add them to your shopping basket. When you have finished, click on ‘Proceed to Checkout’. Select the method of delivery, state your shipping address and choose your preferred payment method.
• Then enter the promotional code in the ‘Promotional Codes’ box and click on ‘Apply Code’.
• Only one promotional code can be used against an order at any one time (for example, you can use just one promotional code for a single purchase of 2 items).
• The value of your order must exceed by at least EUR 1 the value of the discount promotional code.
• When you have entered the promotional code in the box, the value of the code is automatically deducted from the price of the order in the final step – ‘Order Summary’. The sum stated is the sum which is due for payment.
• It is impossible to use any combination of various types of benefits (discount code, promo code and bonus) in a single order.

Prize Competition Rules

Definitions

The organiser of the prize competition is the seller, Serena d.o.o., Cesta k Tamu 26, 2000 Maribor. A participant in the prize competition is every natural person who participates in any of the advertised games.

The winners shall be determined by random computer selection or by the organiser’s committee.

Right to Participate in a Prize Competition (and Other Giveaways of Items or Coupons)

Participants in a prize competition may be individuals who are nationals of the Republic of Slovenia. Participation is not available to the persons employed by the organiser of the prize competition and their immediate family members or the persons employed by other legal entities associated with the organisation of this prize competition. Legal entities may not participate in the prize competition and neither may the persons who do not accept the rules of the game. It shall be deemed that each participant has accepted the rules of the game by the very fact of participating in an announced prize competition.

Rules of Participation in a Prize Competition

Participation in a prize competition is not subject to purchase of services or products sold by its organiser.

Electronic Draw

The entrants for the electronic draw are all participants in the prize competition. One participant can only enter the electronic draw once. The result of the draw is final. No complaints will be considered. Winners will be notified by e-mail of their prizes and methods to collect them.

Obligations of the Winner

The prizes cannot be paid out in cash or exchanged for another item.

Each winner shall submit to the organiser of the prize competition in writing (by e-mail) his or her personal information – name, surname, address, e-mail address, telephone number and tax number – no later than two days of the receipt of the notification.

The organiser shall be liable for the payment of all taxes on prizes (including VAT). Prize winners will receive a certificate from the organiser in accordance with the Personal Income Tax Act and the Rules on Submitting Data for Personal Income Tax Assessment. The winner shall be obliged to report the value of the prize in his/her tax return form. Upon receipt of the prize, the winner shall fill out a confirmation acknowledging the receipt of the prize. The organiser shall not be liable for any taxes that may arise in connection with any other prizes. If the winner does not meet all obligations, it shall be deemed that he/she does not wish to accept the prize, which means that the organiser is free of all obligations he might have towards the winner under this prize competition, and shall be entitled to use the rejected prize for any other purposes. Prizes are not transferrable.

If the organiser of the prize competition does not receive, for any reason whatsoever (e.g. the winner renounces the prize, or the winner’s address or e-mail address is incorrect or incomplete etc.), all the needed information from the winner and his or her declaration that they are willing to collect the prize within a period of three (3) business days from the date of notifying the winner that he or she was drawn, it shall be deemed that the winner does not wish to collect the prize and the organiser shall be considered free of any and all obligations against the winner arising from this prize competition and shall acquire the right to use the prize for any other purpose.

Privacy Statement

The organiser of the prize competition shall protect all personal data received from the participants in accordance with the regulations governing protection of personal data. The organiser may use the personal data obtained this way solely for the purposes for which they were obtained. Each participant in the prize competition agrees that the organiser may send them notifications regarding his products. Each participant, his or her guardian or legal representative, may at any time revoke their consent for the use of personal data, obtained in a prize competition, for the purpose of direct marketing. The organiser of the prize competition reserves the right to organise the award ceremony as a public event. By participating in the prize competition, each participant agrees to having his or her name and address used in the organiser’s video, audio and photographic material. The winner authorises the organiser to publish his or her personal data in the media and on the internet in order to inform the public about the results of the draw or the prize.

Publication of the Rules of the Prize Competition

By submitting their data via an entry form on this page, the participants confirm that they have been made familiar with the rules of the prize competition and undertake to abide by them. In the event of any dispute or ambiguity, these rules shall supersede any other publications, whether printed, electronic or in any other form.

Personal Data Protection

Serena d.o.o. undertakes to permanently protect all user personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and the ZVOP-1.

You can access all detailed information on personal data processing on the Personal Settings tab. Users need to be aware that they are obliged to submit to the online seller all their personal data and that such data shall be true and correct. Moreover, users shall notify the online seller of any changes to their data. By accepting these terms and conditions, users confirm that the personal data they indicated is correct.

Complaints and Disputes

Serena d.o.o. complies with the applicable consumer protection legislation. Serena d.o.o. undertakes its best endeavours to meet its obligation to provide an effective complaint handling system.

In the event of problems, customers may contact Serena d.o.o. by phone (02 651 1100) or e-mail (info@serena.si). Complaints are to be submitted by e-mail to info@serena.si. The complaint handling procedure is confidential.

Serena d.o.o. is aware that the main feature of consumer disputes is the disproportion between the economic value of the claim and the time needed and costs that may arise in resolving the dispute. This is also the main obstacle that prevents the consumer from taking the dispute to the court. Therefore Serena d.o.o. shall strive to resolve any dispute amicably.

Exclusion of Liability

The provider assumes no liability for possible consequences of using the online store and its content, including any material or non-material damage. Users shall bear sole responsibility for using the content in the online store to the best of their ability.

Even though the online store is secured with the SSL protocol, there is a risk of abuse of the online store, which is out of the provider’s control. Therefore, the provider excludes its liability in the event of any downloading of malicious software that can be installed on the user’s device used to access the online store. The provider advises the users to properly educate themselves about the risk of malware infection and protect their devices against potential malware downloading.

In spite of the provider’s best effort to ensure accurate and updated information in the online store, there is a risk that due to the multiplicity of products or rapid changes to information, such information on items, delivery terms, prices or any other information may differ from that indicated in the online store or may be incomplete. Users shall be the sole responsible for verifying the information when there is a suspicion that the information is incorrect and incomplete. We reserve the right to change the product information, including any images and all other related information, without prior notice.

The provider shall not be responsible for occasional online store disruptions, any inaccuracy of information in the online store as well as any damage caused as a result of inaccessibility, use or impossibility of using the information in the online store.

If a user has ordered an item having incorrect or incomplete information displayed, the provider shall notify the user thereof and enable the user to withdraw from the purchase. If a user establishes, after placing an order and prior to receiving the item, that the information indicated for the item is wrong, the user shall report the online shop error and the provider shall enable the user to cancel or change the order.

The provider updates the product images in the online store on a regular basis. Nevertheless, all product images are of illustrative nature. Some properties of an item in the image do not reflect the actual state of items (e.g. size of the item in the image).

The provider shall not be held liable for the content of the online shop user-generated comments. The provider may reject the comments containing blatant falsehoods, misleading facts or offensive language to other users as well as to the provider.

The provider reserves the right to make substantive and other changes to the general terms and conditions any time and in any way whatsoever, irrespective of the reason and without prior notice.

The provider reserves the right to modify the items offered online without prior notice. The provider makes every effort to ensure that the data published on the website is updated and accurate. It may happen, though, that the provider is unable to deliver an item to a customer because the item is sold out and not in stock. Nonetheless, the properties of an item, its delivery term or price may change so quickly that the provider is unable to update the information on the website. In such a case, the provider shall notify customers of changes and enable them to cancel the order or get a replacement for the ordered item.

The provider reserves the right to change these terms and conditions at any time and in any way whatsoever, regardless of the reason and without prior notice.

Out-of-Court Settlement of Consumer Disputes

In accordance with the legal norms, Serena d.o.o. does not recognise any provider of the out-of-court resolution of consumer disputes as competent to resolve any consumer disputes initiated by consumers in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

Serena d.o.o., as a provider of goods and services, offering online shopping in the territory of the Republic of Slovenia, displays a link on its website to the online dispute resolution platform for consumer disputes (“SRPS”). The platform is available to the consumers here.

The above arrangement is based on the Out-of-Court Resolution of the Consumer Disputes Act, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

Additional Information on Online Shopping

In accordance with the Obligations Codes, a customer shall collect a parcel and pay the COD amount. If a customer fails to collect the goods ordered according to the cash on delivery principle and they are returned to the company’s address after the expiry of the waiting period of fifteen (15) days at the post office, this shall NOT be considered a withdrawal from the contract, since the latter is still validly concluded and involves a unilateral unannounced customer’s withdrawal from the contract. If a customer fails to collect a parcel, this causes financial damage to the company. Therefore, the customer shall be held liable for payment of delivery costs and costs of delivery/return of items to the company and the seller shall issue an invoice to be settled by the customer since the contract has not been terminated. In the event of non-payment of an invoice, a debt recovery procedure is conducted by an outsourced service provider. In the event of fake orders, the IP will be submitted for further processing as fraud. The costs of non-acceptance amount to EUR 10.00 and include administrative costs, packaging costs, costs of delivery and return.

The customer is bound by the general terms and conditions, which become effective at the moment of the purchase (online order submission). The user is notified of the general terms and conditions before every order submission and confirms his or her familiarity with the terms and conditions by placing the order.