Terms & Conditions

General

Welcome to merchandfun.com, a website operated by PE, Ena Plus, Igor Milosov s.p., Cesta maršala Tita 8, 4270 Jesenice, SI (hereinafter referred to as the “Merchant”).

These General Terms and Conditions apply to all activities made possible by the online shop accessible on merchandfun.com (hereinafter referred to as the Site). The General Terms and Conditions are binding on all users. Please read the terms and conditions carefully. If you do not agree to the Terms and Conditions, in whole or in part, you may not use our Website. The Terms and Conditions constitute a contract between you and the trader.

The Website is provided “as is” and the Merchant makes no warranties or representations, express or implied, as to title, merchantability or fitness for any purpose whatsoever, for the products offered on the Website.

The Website Owner will use due diligence to ensure that the information on the Website is accurate and up-to-date. At the same time, the Website Owner reserves the right to modify or discontinue the content of the Website at any time, without any prior notice. The Website Owner may also change the services, products, prices or programmes described on this Website at any time and without any notice.

Definitions

˝ Merchant˝ is a sole trader PE, Ena Plus, Igor Milosov s.p., Cesta maršala Tita 8, 4270 Jesenice, SI, who owns and operates the merchandfun.com website.
˝Website˝ means the website, accessible at https://merchandfun.com/, operated by the trader, where the online shop operates.
A “User” is any natural person who uses the website.
A ˝Shopper˝, is any natural person who makes a purchase from an online shop.
A “Consumer” is a natural person who acquires or uses goods and services for purposes outside his or her trade or profession. For the purposes of these General Terms and Conditions, all Customers are also Consumers.
The Privacy Policy is the document where all the information about the processing of personal data that takes place on the Website is available.
The “Cookie Policy“ is a document that provides all the information on the use of cookies that takes place in the context of the website.

Online shop merchandfun.com

The General Terms and Conditions of Business govern the operation of the online shop, the rights and obligations of users in the online shop and the business relationship between the online shop and the buyer. The Buyer is bound by the General Terms and Conditions, which are valid at the time of purchase (placing an online order). The User is each time reminded of the General Terms and Conditions when placing an order and confirms his/her familiarity with them by placing the order.

Confirmation of the General Terms and Conditions when placing an order via our online shop constitutes a binding contract between you and the trader. We urge you to read the General Terms and Conditions in detail before confirming your order. Disagreement with our general terms and conditions means that you cannot use the services of our online shop. It is also not possible to partially agree to the general terms and conditions. In order to make a purchase, you are obliged to accept the general terms and conditions in full as they apply at the time of making the purchase.

Using the online shop

The trader shall operate the online shop in accordance with the General Terms and Conditions. The Online Shop shall be available to Customers at all times, provided that the Merchant reserves the right to suspend or close the Online Shop without prior notice.

Due to the maintenance and updating of the online shop, it is possible that the online shop may be temporarily unavailable or that payments may be temporarily prevented from being processed. The Merchant shall not be liable for any damages that you may incur during the maintenance and/or updating of the Online Shop.

Prices, payment methods and promotions

Prices

All prices on the website are quoted in EUR and are final, VAT is not charged pursuant to Article 94(1) of the Value Added Tax Act (we are not subject to VAT). Prices are valid at the time the order is placed. The offer is valid until cancellation. Discounts and other promotions are generally not cumulative, unless expressly stated at the time of the promotion.

Despite our best efforts to provide the most up-to-date and accurate information, it is possible that a price may be incorrect. In this case, or in the event that the price of the item changes during the processing of the order, the trader will inform the buyer as soon as possible and allow the buyer to withdraw from the purchase.

This online shop is an online retail shop aimed at the final consumer (B2C) and the legal entity (B2B).

Payment methods

The online shop allows the following forms of payment:

Payment to TRR by invoice;
Credit card payment;
Payment via PayPal;
Pay with Google Pay;
Pay with Apple Pay;
Payment in cash on collection in person;

The trader has the right to further verify the payment method by asking you to provide us with a receipt of payment.

You acknowledge that you are obliged to pay the full cost of the order (including any charges related to the transaction and delivery itself) in accordance with the payment method chosen. You warrant that you have the ability and the right to transact by credit card or any other payment method you have chosen.

Promotions

The Website also offers discounts and other promotions that reduce the price of products (“Promotions”). Each Promotion is offered at a discounted price for a specific (limited) period of time, which is selected on a Promotion-by-Promotion basis. The reduced price applies to purchases made during the Promotion Period.

Please note that certain store promotions are limited to new users who have not yet made a purchase on the website. In this case, this benefit does not apply to existing users. Any attempts to take advantage of such promotions will be blocked immediately and the email addresses used for such abuse will be deleted without prior warning. Discounts and other promotions are generally not cumulative, unless expressly stated at the time of the promotion.

Making a purchase in the online shop

The buyer can order the goods exclusively through the online shop.

The purchase contract between the supplier and the buyer is concluded at the moment the buyer confirms the order. The Buyer receives it at the e-mail address indicated at the time of placing the order with the status Confirmation of Order. From that moment on, all prices and other conditions of purchase are fixed and apply to both the Provider and the Buyer. The Purchase Agreement is stored electronically on the Company’s server in the same form as the one received by the Buyer via e-mail. It may be retransmitted to the Buyer by the Trader by e-mail if necessary.

Step-by-step buying process:

Step – product selection:

The customer selects the desired items from the online shop offer and confirms the quantity by clicking on the “Add to basket” button. In the case of a purchase of several different items, the process is repeated for each item. Once the collection of items is complete, the customer can view a summary of the order in the basket. You can change the quantity of items in the basket, adding or removing items as you wish. After reviewing the contents of the order in the basket, confirm by clicking on the “Proceed to checkout” button.

Step – placing your order:

At the checkout, the customer fills in a form with the personal details required for the delivery of the desired order. After completing the form, the customer has the possibility to choose several different delivery methods and, in certain cases, to add additional products or services to the order. Before completing the purchase, the customer has the choice between different payment methods. Before completing the purchase, the final value of the order is recalculated for payment. The Buyer can complete the purchase process by clicking on the “Place Order” button.

If your order is successfully placed, you will receive a successful order notification with a summary of the products ordered and your details.

Step – Confirmation of order placement:

Once the purchase is complete, a confirmation message will be displayed on the website that the order has been successfully placed, together with details of the order placed. The buyer will also receive a confirmation email with a summary of the order to the email address entered in point 2. At this step, the buyer has the option to review the content of the order and the possibility of submitting delivery details. In the event of errors in the purchase, the Buyer shall also have the option of cancelling the order. The Buyer may cancel the order or change the submitted data within 2 hours after placing the order by e-mail or telephone. In the case of cancellation by e-mail, the following information must be included in the subject line of the message: ‘Cancellation of order’; and in the content of the message: a) the product name or order number b) the name and surname of the Buyer and c) the address of the Buyer.

All information provided by the Customer in the course of the order will be treated in accordance with the Datenschutzrichtlinie .

Upon confirmation of the order, the total amount of the selected purchase, including any additional charges or other costs included in the purchase, will be invoiced. The Buyer will be informed of any additional charges before the purchase is made. Additional charges are also related to the chosen payment method.

Step – order processing and delivery:

If the Buyer does not cancel the order, the order will go to the Seller for further processing. The Seller shall check the availability of the order, pack the order as soon as possible and notify the Buyer by e-mail once the order has been dispatched.

If the selected item is in stock in our warehouse, it will be packaged and dispatched to the recipient, usually the same day, but within 3 working days at the latest. Should the selected product be out of stock, the buyer will be informed by e-mail after the order has been placed. The delivery time for out-of-stock products is between 5 and 30 working days.

Deliveries are possible every working day, usually in the morning.

Upon receipt of the goods ordered, the Buyer shall receive an invoice by e-mail to the e-mail address provided at the time of ordering.

Postage and delivery costs

The price of the product does not include any delivery charges. If the ordered products are not subject to a free shipping campaign or if not otherwise agreed between the buyer and the seller, the shipping cost is € 4.90 (delivery to Slovenia), € 7.90 (delivery to the EU), € 25.00 (delivery to other countries). The shipping cost is visible at the checkout of the online store. Before placing an order, the Customer has a guaranteed overview of all selected products and services. A summary of the order is given, clearly divided into purchase cost, delivery cost and total cost.

The Buyer is liable for the shipping costs, except:

when ordering individual items that have a note next to the description saying

“postage included” or “free delivery”,

if otherwise previously agreed between the Buyer and the Seller, in case of personal collection at the dealer’s address (Cesta Maršala Tita 8, 4270 Jesenice), click to see the map ,

if the total amount of the order is more than € 85 (only for delivery to Slovenia),

if the total amount of the order is more than € 149 (only for delivery to other EU countries),

We use the delivery service of the Post of Slovenia to deliver your orders. Please deliver the ordered products to the address indicated as the delivery address. Deliveries take place mostly in the morning.

All products are used at the Buyer’s own risk

Every product must be tested in a safe way before use. If you are not sure how to test the product, please do not use the product, notify us by email info@merchandfun.com or return the product.

Use from our online shop may be associated with certain risks to health and life. The Buyer acknowledges and expressly agrees that he understands that the use of such products poses such risks, which he fully accepts.

Delivery of goods

If the selected item is in stock in our warehouse, it will be packaged and shipped by the retailer to the addressee for delivery within 1-3 working days. If the selected product should happen to be out of stock, the buyer will be informed by e-mail after placing the order. The delivery time for out-of-stock products is between 5 and 30 working days. The buyer will receive an invoice electronically to the email address provided when placing the order.

In exceptional cases where the goods are not delivered within the specified time limit, the Buyer will be informed by e-mail or telephone.

Delivery is made through the contractual partner of Post Slovenije.

Order cancellation

The user can cancel the order within 2 hours after placing the order by email or phone.

The following information must be included in the email:

In the message body: order cancellation

In the content of the message: a) product name or order number b) customer’s name and surname c) customer’s address

Right of withdrawal

The buyer has the right to notify the trader within 14 days of receipt of the product that he/she withdraws from the contract, without having to give a reason for his/her decision. The date of delivery of the order shall be recorded by the delivery service and shall be clearly accessible to both the buyer and the seller by means of a parcel tracking number. If the Buyer returns goods which are damaged or altered in quantity, the Buyer shall be liable for the diminution in value of the goods, since the diminution in value is the result of handling which is not strictly necessary to establish the nature, characteristics and functioning of the goods. Withdrawal from the contract applies only to buyers who are natural persons acquiring or using goods and services for purposes outside their trade or profession. The possibility of withdrawal does NOT apply to legal persons.

A withdrawal declaration shall be deemed to be made in time if it is submitted within the time limit set for withdrawal.

The form for exercising the consumer’s right to withdraw from a distance contract is available on request from the seller. The Buyer may submit the withdrawal declaration by e-mail to info@merchandfun.com.

The burden of proving the exercise of the right of withdrawal provided for in this Article shall be on the consumer.

In the event of withdrawal from the Contract, the Buyer shall be entitled to a refund, but not to a credit or exchange.

After the declaration of withdrawal has been made, the Buyer must return the goods within 14 days from the date on which the Buyer made the declaration of withdrawal.

The Buyer shall be deemed to have returned the Goods in due time if the Buyer has sent the Goods before the expiry of the 14 day return period. Products shall be returned as a parcel and not as a letter and must be accompanied by a printed withdrawal form, which shall be sent to the Buyer’s email address during the returns process. In the event that the package is not properly labelled (package sent without the form attached), the time for resolving the complaint may be extended. In the event of withdrawal from the contract, the Buyer shall only be liable for the costs of returning the goods, which shall not be refunded by us.

If the Buyer has already paid for the goods ordered, we will refund the purchase price, excluding shipping costs, no later than 14 days after notification of the return of the goods to our address. A shipment is returned to our address when it is recorded as a returned shipment by the warehouse. We reserve the right to withhold payment received until the return of the products subject to withdrawal.

We will refund payments received to the Buyer using the same means of payment used at the time of purchase.

The Buyer shall not have the right to withdraw from the Contract if the Goods have been used, unless the Goods are returned in their original undamaged condition and in unchanged quantity.

Complaint procedure

The buyer should contact us at info@merchandfun.com, where our consultants will help them with the necessary clarifications. In this way, the buyer will be able to avoid possible misuse of the product and damage to the same product and possible damage to other things.

In the event of product damage, malfunction or mis-shipment, the customer will receive an online product replacement or refund form with full instructions on how to make a claim and return the product claimed.

Once the online form has been filled in, the customer receives a pdf of the completed form to their email address. The form must be printed and included in the return package.

We will not be able to apply claims to products that we determine have been damaged by improper or inappropriate use or handling, which is not necessary to establish the nature, characteristics and performance of the goods. If the Buyer wishes to retrieve such a product after the conclusion of the claim, we will send it to the Buyer and charge the costs associated with the delivery of such a product, or you may collect such a product from our address.

Delivery guarantee

If the Buyer has received a product that has been damaged in transit, the Buyer must report this defect by email to info@merchandfun.com within 48 hours of delivery. The Buyer should provide photographs of the package and the product received, clearly showing the location of the damage.

We will prioritise your request as soon as possible and arrange for the product to be replaced.

The Supplier undertakes to provide the following information to the Buyer at all times:

the identity of the company (name and registered office, registration number),
the contact details you need to communicate quickly and efficiently (email, answering machine),
the essential characteristics of the goods or services (including sales services),
the final price of the good or service, including taxes, or the way the price is calculated if it cannot be calculated in advance because of the nature of the good or service,
product accessibility (every product or service offered on the website should be accessible within a reasonable time),
payment terms, terms of delivery of the product or performance service (method, place and time of delivery),
information on any additional transport, delivery or shipping costs, or a warning that such costs may arise if they cannot be calculated in advance,
the time validity of the offer,
the terms, conditions, deadlines and procedures in the event of withdrawal from the contract; in addition, if and how much the goods are returned,
an explanation of the complaints procedure, including details of any contact person or customer service,
after-sales service options, when needed,
errors may occur in the preparation of the website which are beyond our control and for which we cannot be held responsible. In the event of a significant variation in price or product features, we will notify you at the time of your order.

Details of registration in the register, indicating the register and the registration number:

Company name: PE, Ena Plus, Igor Milosov s.p.,
Registered office: Cesta maršala Tita 8, 4270 Jesenice, SI
Registration number: 9426302000
Tax ID: 72609753
Taxable: NO
Main activity: 69.200 (Accounting, bookkeeping and auditing; tax consultancy)
Other activities : 47.910 (Trade in other services by post or via the Internet)
Registration authority: AJPES
Date of entry: 01.07.2023

Contact: (We are available between 9 am and 2 pm on weekdays.)

E-mail address: info@merchandfun.com

Out-of-court settlements and other legal remedies

The trader shall use its best endeavours to resolve any disputes amicably, but if this is not possible, the court in Jesenice shall have jurisdiction to settle such disputes.

Dispute resolution platform

The trader does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that a consumer may bring under the Act on Out-of-Court Settlement of Consumer Disputes, in accordance with the legal norms.

The Dispute Resolution Platform is available at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=SL

For more information on the Dispute Resolution Platform, please visit http://europa.eu/rapid/press –release_MEMO –13 –193_sl.htm

Communication

The trader will contact the user by means of long distance communication only when this is necessary for the execution of the order.

The trader offers support to users at info@merchandfun.com

However, for commercial purposes, we may contact users if the user consents to this or if the user has made a purchase from an online shop, in which case the communication will:

clearly and unambiguously identified as an advertising message, the sender will be clearly visible, various campaigns, promotions and other marketing techniques will be labelled as such. For more information on communication, please refer to our Privacy Policy and Cookie Policy.

Intellectual property

The information, images, text and any other materials (e.g. video content, graphics, sketches, etc.) contained on the Website, so as to constitute a work of authorship and as such protected by copyright and/or intellectual property law.

By purchasing the Products or using the Website, the User does not acquire any copyright, proprietary rights or intellectual property rights in the Products and/or the Website. The User may only use the materials for his/her own personal, noncommercial purposes.

Responsibility

The trader shall not be held liable for any complications or problems arising from any improper use of the goods/services.

The Merchant is not responsible for any intermittent problems with the merchandfun.com website, any inaccuracy of the information, or any damage caused by the use of inaccurate or incomplete information.

The trader reserves the right to withdraw from the contract or from the execution of the order in the event of a material defect in the offer. A material defect includes elements on the basis of which the trader would not have agreed to the conclusion of the contract. Such defects include manifest errors in price, which may be the result of technical or other problems. Communication shall take place exclusively via the website and by e-mail info@merchandfun.com.

Final provisions

Contract concluded:

The General Terms and Conditions, together with the order for services made through the Website and all subpages of this Website, are the natural contracts concluded between the Customer and the Merchant.

Independence of provisions:

If any provision of these Terms and Conditions is found to be unlawful, void or otherwise invalid (in whole or in part), such provision shall be deemed deleted (in whole or in part) and the remainder of these Terms and Conditions shall remain in full force and effect.

Full business capacity:

The User warrants that he/she has the full capacity to assume the rights and obligations arising from the General Terms and Conditions. He warrants that he does not require the consent or approval of any third party to perform his obligations under the General Terms and Conditions.

Familiarity with the terms and conditions:

He warrants that he has read and fully understood these General Terms and Conditions, in particular the limitations of liability thus established, before accepting them.

The law of the deal:

These General Terms and Conditions are governed by the law of the Republic of Slovenia. The courts of the Republic of Slovenia shall have jurisdiction in all disputes arising out of these General Terms and Conditions.

Changes to the terms and conditions:

The Buyer shall not have the right to modify or waive in any way, in whole or in part, the validity of any of the provisions of the General Terms and Conditions. The Merchant shall have the right to modify these Conditions at any time. Any amendment will be published on the Website. The Buyer shall be deemed to have accepted any changes to the extent that the Buyer continues to use the Website. If the Buyer does not agree with the changes, the Buyer has the right to withdraw.

The full deal:

These General Terms and Conditions constitute the entire agreement between the parties. Any prior agreements or negotiations, whether written or oral, are hereby superseded in their entirety by these terms and conditions.

Language versions:

These General Terms and Conditions are drafted in the Slovenian language. Any version of these General Terms and Conditions in another language is created in order to offer easier access to these General Terms and Conditions. The Buyer agrees and fully understands that in the event of any dispute, the Slovenian version shall prevail.

Meaning of terms:

Terms used in these Terms shall have the meanings set out at the top of the merchandfun.com General Terms and Conditions.

Terms & amp; Bedingungen