In accordance with the provisions of the Consumer Protection Act, the consumer has the right to notify the provider of withdrawal from the contract within 14 days of taking over the goods, without having to provide a reason for such a decision. The deadline begins one day after the date of receipt of the item. The above applies exclusively to natural persons who do not purchase the item for the purpose of their gainful activity. The consumer can exercise the right to withdraw from the contract by sending an unequivocal statement clearly stating that he is withdrawing from the contract to the email address info@olia.si. The statement should also contain information from which it is clear which order it is.
The only cost charged to the consumer in connection with withdrawal from the contract is the cost of returning the goods. The goods must be returned to the provider at his address - Olia doo, Stari trg 30, 1000 Ljubljana - no later than 14 days after the notification of withdrawal from the contract (purchase). It is considered that the consumer returns the goods on time if they are sent before the expiry of the 14 day return period.
The consumer must return the received goods undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or their quantity has decreased through no fault of the consumer.
The provider returns the received payments to the buyer with the same means of payment that the consumer used, unless the consumer has explicitly requested the use of another means of payment and the provider bears no costs as a result. The provider can withhold the refund of the received payments until the returned goods are accepted or until the consumer provides proof that he sent the goods back.
The consumer may not use the goods unimpeded until withdrawal from the contract, but may perform a basic inspection and test of the goods only to the extent that this is absolutely necessary to determine the actual condition and as is usually the case in stores. Any testing that deviates from this can be considered as using the product, which means that the consumer loses the right to withdraw from the contract. The product subject to return must be unused, undamaged and in its original condition. The buyer is responsible for the reduction in the value of the goods, if the reduction is the result of actions that are not absolutely necessary to determine the condition of the goods.
The consumer does not have the right to withdraw from the contract in the following cases (unless the contracting parties have agreed otherwise):
In the case of contracts, the subject of which is an article that has been manufactured according to the precise instructions of the consumer, that has been adapted to his needs, that due to its nature is not suitable for return, that is perishable or whose use-by date has expired;
In contracts for the supply of audio or video recordings or computer programs, if the consumer has opened the security seal. If there is no seal, it is valid if the buyer has opened the original packaging;
In contracts for the supply of newspapers, magazines and periodicals;
If you want a business account, you accept the terms of business that apply to businesses. The main difference is in the possibility of withdrawing from the contract: we allow companies, independent entrepreneurs and other legal entities to return the delivered items within the warranty conditions. The listed legal entities do not have the option of withdrawing from the contract within 14 days of receiving the item without reason, as is the case for consumers (natural persons). Refunds for legal entities are not possible. Purchases by legal entities are also subject to the General Terms and Conditions.
KEY ARTICLES OF THE CONSUMER PROTECTION ACT (ZVPot):
Article 43 of the ZVPot
In the case of contracts concluded at a distance or outside business premises, the consumer has the right to notify the company within 14 days that he withdraws from the contract without having to give a reason for his decision. In this case, the consumer can only be charged for the costs referred to in the seventh paragraph of Article 43.d of this Act.
In the case of a sales contract, the termination period from the previous paragraph begins on the day when:
the consumer or a third party other than the carrier named by the consumer acquires actual possession of the goods,
the consumer or a third party other than the carrier named by the consumer acquires actual possession of the last piece of goods if the subject of the contract is several pieces of goods ordered by the consumer in one order,
the consumer or a third party other than the carrier named by the consumer acquires actual possession of the last shipment or piece of goods, if the delivery of goods consists of several shipments or pieces,
the consumer or a third party other than the carrier named by the consumer acquires actual possession of the first piece of goods if the delivery of the goods is regular during a certain period.
In the case of a contract for the provision of services, the withdrawal period from the first paragraph of this article begins on the date of conclusion of the contract.
In the case of contracts for the supply of water, gas or electricity, if these are not sold in a limited volume or a certain quantity, remote heating or digital content that is not recorded on a tangible medium, the withdrawal period from the first paragraph of this article begins on the date of conclusion of the contract.
Unless the contracting parties have agreed otherwise, the consumer does not have the right to withdraw from the contract referred to in the first paragraph of this article in the case of these contracts:
on goods or services, the price of which depends on fluctuations in the markets, which the company has no influence on and which may occur during the withdrawal period from the contract;
about goods that are manufactured according to the exact instructions of the consumer and adapted to his personal needs;
on goods that are perishable or expire quickly;
on the provision of services, if the company fulfills the contract in full and the provision of the service began on the basis of the consumer's express prior consent and with the consent to lose the right to withdraw from the contract when the company fully fulfills it;
on the delivery of sealed audio or video clips and computer programs, if the consumer has opened the security seal after delivery;
on the supply of newspapers, periodicals or magazines, except for subscription contracts for the supply of such publications;
on the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons, if the consumer has opened the seal after delivery;
on the delivery of goods which, due to their nature, are inseparably mixed with other items;
on the supply of alcoholic beverages, the price of which is agreed at the time of the conclusion of the sales contract and which can be delivered after 30 days, and their actual value depends on market fluctuations over which the company has no influence;
concluded at public auctions;
in which the consumer specifically requested a visit to the company's home in order to carry out an urgent repair or maintenance. If, during such a visit, the company provides additional services that the consumer did not explicitly request, or delivers goods that do not represent replacement parts that are absolutely necessary for maintenance or repair, the consumer has the right to withdraw from the contract for the said additional services and goods;
about accommodation that is not intended for permanent residence, transport of goods, vehicle rental, food preparation and delivery, or leisure services, where the company undertakes to fulfill its obligation on a specific date or within a specific period;
on the supply of digital content that is not delivered on a tangible data carrier, if the provision of the service began based on the consumer's express prior consent and with the consent that he thereby loses the right to withdraw from the contract.
Article 43.d of the ZVPot
With the enforcement of the right to withdraw from the contract referred to in Article 43 of this Act, the obligations of the parties regarding:
performance of the contract or
conclusion of the contract, when the consumer has made an offer to conclude the contract.
In case of withdrawal from the contract, the company shall return all payments received immediately, or at the latest within 14 days after receiving the notice of withdrawal from the contract.
The company returns the received payments to the consumer with the same means of payment that the consumer used, unless the consumer has explicitly requested the use of another means of payment and the consumer bears no costs as a result.
The consumer cannot claim reimbursement of additional costs incurred if he has explicitly decided on a different type of shipment than the most affordable standard shipment offered by the company.
In the case of sales contracts, the company may withhold the refund of payments received until the return of the goods has been received or until the consumer provides proof that he has sent the goods back, unless the company offers the option of accepting the returned goods.
If the consumer has already received the goods and withdraws from the contract, he returns or hands them over to the company or to a person authorized by the company to accept the goods, immediately or at the latest within 14 days after the notification from the first paragraph of Article 43.č of this law, unless the company offers, to only accept the returned goods. It is considered that the consumer returns the goods on time if they are sent before the expiry of the 14 day return period.
In connection with withdrawal from the contract, the consumer only bears the costs of returning the goods, unless these costs are covered by the company or if the company does not inform the consumer in advance that this cost is borne by him.
When, in the case of a contract concluded off-premises, the goods are delivered to the home upon conclusion of the contract, the company takes them over at its own expense if, due to the nature of the goods, it is not possible to return them in the normal way by post.
The consumer is responsible for the decrease in the value of the goods, if the decrease in value is the result of conduct that is not absolutely necessary to determine the nature, properties and functioning of the goods. The consumer is not responsible for the reduction in the value of the goods if the company does not inform him of the right to withdraw from the contract in accordance with point 4 of the first paragraph of Article 43b.
By exercising the right to withdraw from the contract, the consumer does not assume any obligations other than the obligations from this article and the fourth paragraph of article 43.d and a43.e of this law.