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Terms & Conditions

General Terms and Conditions of the Fotomedia Online Store

The general terms and conditions of the Fotomedia Online store are drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1), and the Electronic Communications Act (ZEKom-1).

Fotomedia Online is an online store (hereinafter referred to as the store), owned and operated by Mihael Laznik s.p., Radvanjska cesta 43, 2000 Maribor, registration number: 9583700000, tax number: SI74192744 (hereinafter referred to as the merchant).

The general terms and conditions define the operation of the online store, the rights and obligations of the user and the store, and govern the business relationship between the merchant and the consumer (hereinafter referred to as the buyer, user, consumer).

The buyer is bound by the general terms and conditions that are in effect at the time of purchase (submission of an online order). The user (buyer) is informed of the general terms and conditions each time an order is placed and confirms their awareness by submitting the order. The general terms and conditions are also available for review at the pick-up location (Mihael Laznik s.p., Radvanjska cesta 43, Maribor).

Types of Users

By registering on the online store via email, a visitor becomes a guest. By confirming registration in the online store, a visitor becomes a member. Both guests and members (hereinafter referred to as users) acquire the right to purchase in the online store.

Upon registration in the online store system, the visitor obtains a username and password, which they use to access their account and make purchases each time they visit the online store. The username and password uniquely identify and link the user to the entered data.

Information Accessibility

The merchant undertakes to provide the user with the following information before the user is bound by a contract or offer:

  • Company Information: The name and registered office of the company, and the company registration number.
  • Contact Information: Contact details that allow the user to communicate quickly and efficiently (email, telephone).
  • Key Features of Goods: Including after-sales services and guarantees, and the validity period of this information.
  • Product Availability: Each product offered on the website should be available within a reasonable time frame.
  • Delivery Conditions: Terms of delivery (method, place, and time of delivery).
  • Prices: Prices must be clearly and unambiguously determined, and it must be clear whether they include taxes, shipping costs, and other charges, and the validity period of this information.
  • Payment and Delivery Methods: Or fulfillment, and the validity period of this information.
  • Offer Validity: The duration of the offer.
  • Right to Withdraw: The period within which it is possible to withdraw from the contract and the conditions for withdrawal (description of the right to withdraw in accordance with Article 43.č of the Consumer Protection Act; in cases where the consumer does not have the right to withdraw in accordance with Article 43.č, they are explicitly informed of this).
  • Complaint Procedure: An explanation of the complaint procedure, including all contact details of the person or customer service department responsible for handling complaints.

Prices and Data Accuracy

All prices include VAT unless explicitly stated otherwise. An exception is the "Used Items and Equipment" section, where items without the note "excluding VAT" are subject to a special arrangement under Articles 102 and 104 of the Slovenian VAT Act (ZDDV-1), and the tax is not displayed according to Article 110 of ZDDV-1.

VAT payers must also provide their tax number upon registration.

The merchant strives to ensure the accuracy and up-to-dateness of the data provided online. However, the characteristics of products, delivery times, and prices can change, meaning the merchant may not be able to update the information on the website simultaneously.

If you find a price significantly higher compared to competitors, please notify us, as there is a possibility we have not yet updated the product price following general price reductions.

If the product price changes during the order processing period, the merchant will inform the customer. The merchant will make every effort to offer the customer the lower price or an appropriate solution that ensures mutual satisfaction.

The sale price or discounted price applies to the quantity of products in stock unless otherwise stated.

All product photos are symbolic and do not guarantee the product's properties. Errors in published descriptions and product features are possible.

Ordering

Orders can be placed online 24 hours a day, every day of the year. Consumers select and order products available in the online store, which are categorized into different product categories.

After placing an order, the buyer receives an email notification confirming that the order has been received. This email includes the products and quantities selected by the buyer. Comprehensive information about the status and content of the order is always accessible to the buyer in the online store under the "My Account" section.

The buyer must inform the provider of any changes to the order or cancellation by emailing trgovina@fotomedia.si, including the purchase number mentioned in the electronic purchase confirmation.

The merchant will pack and dispatch the goods within the promised timeframe and notify the buyer of the shipment via email.

Consumer Right to Withdraw from the Contract

A consumer (this applies exclusively to individuals who acquire goods for purposes outside of their gainful activity) has the right to notify the seller within 14 days of receiving the goods that they are withdrawing from the contract, without having to provide a reason for their decision. The period begins to count one day after the date of receipt of the goods.

The consumer must notify the seller of the withdrawal from the contract by emailing: trgovina@fotomedia.si.

The withdrawal form is available to the consumer here.

In the event of a contract withdrawal, the buyer must return the received goods to the merchant's address: Mihael Laznik s.p., Radvanjska cesta 43, 2000 Maribor (either by post or delivered in person).

Returning the received goods to the company within the withdrawal period is considered a notification of contract withdrawal.

The consumer must return the goods to the seller undamaged and in the same quantity unless the goods have been destroyed, spoiled, lost, or their quantity has decreased through no fault of the consumer. The consumer must not use the products freely until the withdrawal from the contract. The consumer may inspect and test the products to the extent necessary to ascertain the actual condition. The consumer is responsible for any reduction in the value of the goods if it results from handling beyond what is necessary to determine the nature, characteristics, and functionality of the goods.

The only cost to the consumer in connection with the withdrawal from the contract is the cost of returning the goods (which, in the case of shipping, is charged according to the delivery service's price list and depends on whether it is a shipment/package/freight). The goods (product) must be returned to the merchant no later than 30 days from the date of the contract withdrawal notification (purchase).

The consumer does not have the right to withdraw from the contract for goods made according to the consumer's precise instructions, customized to their personal needs, not suitable for return due to their nature, perishable, or which have expired. There is no option to withdraw from the contract for the purchase of software or audio and video carriers if the consumer has opened the security seal.

Withdrawal from the Contract is Not Possible for Goods:

  • Goods or services whose price depends on fluctuations in the market, which the company cannot influence, and which may occur within the withdrawal period;
  • Goods made according to the consumer's precise instructions and customized to their personal needs;
  • Goods that, due to their nature, are not suitable for return, are perishable, or quickly expire;
  • Services performed if the company fully fulfills the contract, and the service began with the consumer's explicit prior consent and acknowledgment that they lose the right to withdraw once the contract is fully performed;
  • Sealed audio or video recordings and computer software, if the consumer unseals them after delivery;
  • Sealed goods that are not suitable for return for health or hygiene reasons, if the consumer unseals them after delivery;
  • Goods that, due to their nature, are inseparably mixed with other items;
  • Digital content not delivered on a tangible medium, if the service began with the consumer's explicit prior consent and acknowledgment.

Refunds for payments made, including delivery costs (excluding additional costs due to a delivery method chosen that is not the most economical standard delivery option offered by the seller), will be processed as soon as possible, but no later than 14 days from the receipt of the notice of withdrawal from the contract. The seller will return the received payments to the consumer using the same payment method that the consumer used (most commonly by payment to a transaction account), unless the consumer explicitly requests the use of a different payment method and if the consumer does not incur any costs as a result.

In the case of withdrawal from the contract where a bonus, discount code, or promotional code was used, these funds are considered a discount and will not be refunded to the user. Only the amount paid will be refunded to the user. A gift voucher is considered a payment method in the event of withdrawal from the contract and will be returned to the user as a gift voucher.

The right to a refund in the event of warranty claims and material defects is more precisely governed by the provisions of the Consumer Protection Act (unofficial consolidated text).

Consumer Withdrawal from the Contract for Items in a SetConsumer Withdrawal from the Contract for Items in a Set

If a buyer decides to withdraw from the contract for products that form a set, they can request a replacement for the entire set with an identical set or a refund for the entire set. The buyer can exchange an item from the set in the case of a material defect or damage to the product but cannot request a refund for that item alone. The manufacturer's warranty period applies when claiming the warranty for a product from the set.

Product Returns for Legal Entities

If you request an invoice issued to a company, you accept the business terms applicable to companies. We allow companies, sole proprietors, and other legal entities to return goods within the warranty conditions. Legal entities do not have the option to withdraw from the contract within 14 days or receive a refund, as is the case for other consumers (individuals).

Material Defect

A consumer can exercise their rights regarding a material defect if they notify the seller of the defect within two months from the day the defect was discovered. The consumer must precisely describe the defect in the notification and allow the seller to inspect the item.

The seller is not responsible for material defects that appear after two years from the date the item was delivered. It is presumed that the defect existed at the time of delivery if it appears within six months of delivery.

A consumer who has properly informed the seller of a defect has the right to request the seller to:

  • Repair the defect: Fix the issue with the product.
  • Refund part of the purchase price: Return a portion of the amount paid, proportional to the defect.
  • Replace the defective product: Exchange the faulty product for a new, faultless one.
  • Refund the purchase price: Return the full amount paid for the product.

When is a Defect Considered Material? When:

  • The product lacks the properties necessary for its normal use or for marketability.
  • The product lacks the properties necessary for the specific use for which the buyer purchased it, which was known or should have been known to the seller.
  • The product lacks the qualities and features that were explicitly or implicitly agreed upon or prescribed.
  • The seller has delivered a product that does not match the sample or model, unless the sample or model was shown for informational purposes only.

How to Check Product Suitability

Product suitability is verified by comparing it with another faultless product of the same type and by considering the manufacturer’s statements or the information provided on the product itself.

How to Claim a Material Defect?

The buyer must inform us of any potential material defect, providing a detailed description, within the legally specified time frame, and must allow us to inspect the product. The form for reporting a material defect can be found here.

The right to claim a material defect on a product is more precisely governed by the provisions of the Consumer Protection Act.

Payment Methods

The provider reserves the right to require prepayment for goods regardless of the order value.

Cash on Delivery (COD)

Currently Unavailable: Payment upon delivery is currently NOT possible.

Prepayment (Bank Transfer)

Procedure: When selecting this payment method, a proforma invoice with all necessary details for making a bank transfer will be sent to your email upon completion of your purchase (the system automatically sends the invoice). You can pay the invoice via online banking or in person at any bank or post office in Slovenia.
After Payment: Once the payment is received, we will notify you and dispatch the package. Since the purchase amount has already been paid via bank transfer, there is no payment required upon package delivery.

Cash Payment upon Personal Pickup

Options: When picking up in person, you can pay in cash (no value limit) or with payment cards including Activa, Mastercard, Maestro, Visa, Visa Electron, American Express, and Diners.

PayPal (Credit Cards)

Additional Cost: The total amount increases by 4% for PayPal payments. The PayPal fee is displayed when completing the order under the payment method. The total will include other costs (e.g., shipping, gift wrapping). The invoice will itemize all charges (product, shipping, PayPal fee, other services).

SumUp or Mollie Card Payment Systems (Credit Cards)

Procedure: Payments are made with a credit card. The system automatically redirects you to the card payment system.

FLIK Payment System

Procedure: Payments are made using the FLIK system (mDenarnica, etc.).

Warranty

Products come with a warranty if stated on the warranty card or invoice. The warranty is valid under the conditions specified on the warranty card and upon presenting the invoice. Warranty periods are indicated on the warranty cards or invoices.

Warranty information is also provided on the product presentation page. If there is no warranty information, the product does not have a warranty, or the information is currently unknown. In such cases, customers can contact us for the latest information. Upon receipt, the customer must check the goods and immediately report any discrepancies or damages to the product or packaging at the place of delivery to the delivery person or (in the case of personal pickup) to the store staff, then arrange with the company for a replacement or a refund. Subsequent claims outside of warranty defects or damages are not obliged to be addressed by the company, as it is not possible to determine later whether the defects or damages occurred before or after receipt of the goods.

For warranty claims and service maintenance, you can contact the nearest authorized service center. Warranty conditions, as specified on the warranty card included with each product or on the invoice, apply when claiming the warranty.

Generally, the warranty does not apply to consumables, batteries, Ni-Cd and NiMH batteries and accumulators, light bulbs, diskettes, optical media, video and audio tapes, fuses, electronic components, etc.

Advice for Warranty Claims

For the fastest service when claiming a warranty, we advise you to contact the manufacturer or their authorized service center directly.

Purchase Contract and Order Storage

The merchant issues a written invoice to the user who purchases a product from the online store. The sales contract in the form of a purchase order is stored electronically on the Fotomedia Online store server and is accessible to the user (buyer) at any time in their user profile (My Account).

The sales contract is concluded in the Slovenian language. Slovenian law is applied for the interpretation of the provisions of the sales contract. If the buyer has trouble logging in or upon their request, the online store will send the sales contract to the buyer's email address.

Disclaimer

The Fotomedia Online store operates on a catalog sales model, and the delivery information is based on data provided by product suppliers and is for informational purposes only. Despite our efforts to maintain constant updates to the store and delivery times, there may be instances where product details, prices, or delivery information change so quickly that we are unable to update the information in time, and the product descriptions on the online store remain unchanged. In such cases, we will inform the customer of the changes and offer them the option to cancel the order, replace the ordered product, or arrange for another solution. Upon the product's return to availability, we cannot always guarantee the same price it had before being withdrawn from sale, as prices largely depend on supplier pricing.

All product photographs are symbolic and do not always guarantee the actual characteristics of the goods. We reserve the right to typographical and system errors. If such errors inadvertently occur, we will promptly notify the customer.

The merchant is not responsible for the content of product reviews written by visitors. The merchant reviews and rejects reviews containing obvious falsehoods, inappropriate, misleading, or offensive content before publication. The merchant is not responsible for the information contained in the reviews and disclaims any liability arising from the information provided in the reviews.

The merchant has the right to withdraw from the contract only if an obvious error is detected (Article 46 of the Obligations Code). An obvious error is considered an error in the essential characteristics of the product and all mistakes that are deemed decisive by commercial standards or the intention of the parties and which the merchant would not have confirmed or concluded the contract if aware. This also includes obvious price errors.

Security

The merchant uses appropriate technological and organizational measures to protect the transmission and storage of personal data and payments. Fotomedia Online uses a 128-bit SSL certificate issued by an authorized organization for this purpose.

Data Protection

The merchant is committed to permanently protecting all personal data of users in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Slovenian Personal Data Protection Act (ZVOP-1).

Detailed information on the processing of personal data can be found in the Privacy and Data Protection Policy section. The user must be aware that they are obliged to provide the online merchant with their personal data in a correct and truthful manner and must inform the online merchant of any changes to their data. By accepting these terms and conditions, the user confirms that the personal data provided is accurate.

User data is processed and protected by us in accordance with all applicable regulations. The online store Fotomedia Online commits to never sharing your contact and personal information with third parties or clients without prior notice and obtaining written consent from the individual, unless required by law. When registering in the online store, the user indicates whether they agree to occasionally receive newsletters or informational material. The user can change the status of receiving newsletters at any time in the My Account section. If the user does not agree to receive newsletters, they will only receive notifications related to their orders at their email address.

Copyright

All photographs and articles are the property of their respective authors and may not be reproduced without permission.


Complaints and Disputes

Out-of-Court Resolution of Consumer Disputes

Fotomedia respects the applicable consumer protection legislation. Fotomedia strives to fulfill its duty to provide an efficient complaint handling system.
This regulation stems from the Consumer Protection 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 2016/2004 and Directive 2009/22/EC.

In case of any issues, the customer can contact the trader by phone at 080 88 72 or via email at trgovina@fotomedia.si. Complaints can be submitted via the email address trgovina@fotomedia.si. The complaint handling procedure is confidential.

Fotomedia acknowledges that a key characteristic of consumer disputes is the disproportion between the economic value of the claim and the time and costs required to resolve the dispute, which is the main barrier for consumers not to initiate a dispute in court. Therefore, Fotomedia strives to resolve any disputes amicably to the best of its ability.

In accordance with legal norms, Mihael Laznik s.p. does not recognize any provider of out-of-court resolution of consumer disputes as competent for resolving consumer disputes that a consumer could initiate in accordance with the Out-of-Court Consumer Dispute Resolution Act.

Fotomedia Online, as a provider of goods and services, enables online trading in the territory of the RS and publishes an electronic link to the online dispute resolution (ODR) platform on its website. The platform is available to consumers at the following electronic link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL