General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF WWW.GOBA.EU ONLINE SHOP

The General Terms and Conditions of the online shop www.goba.eu, operated by MycoMedica d.o.o. (hereinafter referred to as the provider), are drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-2), the Electronic Communications Act (ZEKom-1), the recommendations of the Chamber of Commerce and Industry, international codes and rules of good practice for e-commerce.

The General Terms and Conditions are publicly published and permanently available in a visible place on the website www.goba.eu. The Provider reserves the right to change the terms and conditions in the online shop www.goba.eu without prior notice. Any changes shall be binding on all stakeholders.

The General Terms and Conditions define the operation of the online shop, the rights, obligations and the business relationship between the provider and the user or customer.

By placing an order in the online shop www.goba.eu, the Buyer confirms his/her awareness of the General Terms and Conditions. He shall be bound by the terms and conditions in force at the time of placing the order.

GENERAL INFORMATION

1. Details of the provider:

MycoMedica d.o.o., Podkoren 72, 4280 Kranjska Gora, Slovenia,

registration number 6323731000

VAT identification number SI20865201,

is VAT-registered.

MycoMedica d.o.o. is the operator of the www.goba.eu website.

• Online shop details:

The online shop www.goba.eu is dedicated to the presentation and sale of food supplements, superfoods, tinctures, mushroom spawn, technical material and other products.

In addition, the website also features expert content and research for information and education.

• Definitions in the online shop www.goba.eu:

A user is any natural or legal person who uses the online shop.

A Buyer is any natural or legal person who makes a purchase on the Website as a registered user or guest.

A natural person is any user who acquires or uses goods and services for purposes outside his or her professional or gainful activity.

If the purchaser is a legal person, the personal data of the legal representative of the legal person shall be entered in the fields for entering the company details. Buyers who are legal persons are not subject to the provisions of the PPSA, but to the provisions of these General Terms and Conditions.

A product is any product or service available for purchase in the catalogue offer of an online shop.

REGISTRATION

You can create an account on www.goba.eu and make purchases as a registered user. Alternatively, you can make a purchase as a non-registered user or as a guest.

When purchasing or activating a user account, the user voluntarily provides the provider with the following personal data: first and last name, company name (only in the case of a legal entity), address, delivery address, telephone number, e-mail address, username and password (in the case of registration).

All data collected in this way is collected for the purpose of purchase, registration or possible communication with the user.

If the customer makes a purchase via a user account, the order and communication data is also stored in the “My Account” tab.

SUBSCRIBE TO THE NEWSLETTER

The user can subscribe to the newsletter on the website, through which the provider sends the user periodic and, if necessary (presumably no more than once every 14 days), up-to-date notifications, information about promotions, offers and news related to its activities.

The data collected in this way is obtained with the explicit consent of the user. The user may withdraw consent at any time by sending an unsubscribe request to the Controller’s address, to the e-mail address: orders@goba.eu or by clicking on the “UNSUBSCRIBE” link in the newsletter.

PURCHASE PROCEDURE

In the online shop, users can browse the content and offers and find out about the features and characteristics of the products on offer.

You can purchase products as a registered user or as a guest. The Buyer confirms that he/she accepts the General Terms and Conditions in force at the time of purchase.

The buyer can:

• place the selected products in the shopping basket, specify the desired quantity and check the prices of the individual items and the total price of the selected basket contents,
• add and delete products and the quantity of selected products in your basket,
• verify (registered user) or enter (guest) the requested personal data and the delivery address, if different from the address indicated in the customer’s personal data,
• choose the payment method (prepayment, cash on delivery, credit card or PayPal) and review the order and delivery charges,
• enter any promotional code to claim the discounts,
• modify, add or delete any information (products, quantity of products, personal details, delivery details, payment method) before the order is finalised,
• confirm and submit the order, thereby completing the purchase.

Upon receipt of the order placed, the supplier sends an acknowledgement of receipt of the order to the email address provided by the buyer. All orders shall be stored electronically with the tenderer.

The contract between the Seller and the Buyer is concluded upon the Buyer’s placing of an order and the Seller’s receipt of an electronic acknowledgement of receipt of the order and is binding on the Buyer and the Seller.

VALIDITY OF THE OFFER AND PRICE

Product prices are quoted in EUR and include VAT.

At the time of conclusion of the contract of sale, the prices and other terms and conditions in force at the time of placing the order by the Buyer shall apply.

The Provider reserves the right to make daily changes to the prices of products in the online shop without prior notice.

SPECIAL OFFER

The online shop www.goba.eu may from time to time publish promotions or special terms of purchase, which may be expressed in terms of amounts, percentages or free products.

Discounts are not cumulative, except where otherwise stated.

Promotional codes cannot be redeemed on already discounted products.

The first time you sign up for the newsletter, you will receive a promotional code that you can redeem on your first purchase. This promotional code is subject to the same conditions as stated in the above provisions.

The validity periods of the promotional prices are indicated in the online shop. Special prices or discounts valid at the time of purchase are automatically taken into account when the order is placed and do not need to be claimed separately.

If for any reason the promotional price or discount is not taken into account in the final billing, the user must inform the provider and request a correction of the billing or correction of the price error.

If the Buyer pays the final amount invoiced without the specified discount, the Buyer shall be deemed to have tacitly accepted the final price. The Provider may nevertheless decide, at its sole discretion, to refund the price difference to the Customer or issue a credit for future purchases in the Online Shop.

The Provider reserves the right to make daily changes to the prices of products in the online shop without prior notice.

PAYMENT

There are 4 payment methods available to customers in the online shop:

• Payment by invoice: the invoice is sent to the customer’s e-mail address. The deadline for payment of the invoice is 8 days. In case the buyer defaults on payment within the time limit, he must first check with the supplier whether he can still pay the invoice or whether he must place a new order. When making payment, the Buyer shall provide the payment details shown on the invoice.
• Cash on delivery: the buyer pays the purchase price in cash or by card to the delivery service when collecting the goods.
• Payment by credit card via Stripe: the following credit cards are accepted: Visa, MasterCard and Maestro. After placing the order, the customer is redirected to the Bankart payment system.
• Paypal payment: after placing the order, the customer is redirected to the Paypal payment system.

Products ordered will be dispatched once payment has been received. Until final payment is received, the goods are the property of MycoMedica d.o.o..

DELIVERY

Delivery is made by GLS or another carrier of the supplier’s choice, to the customer’s address or to a parcel machine.

The products will be delivered to the delivery address indicated by the customer when placing the order.

Postage costs are displayed and calculated before the purchase of the selected products in the shopping basket is completed and depend on the value of the order:

• for orders up to EUR 75, postage is EUR 5.00 (in Slovenia),
• for orders over EUR 75, postage is free (in Slovenia).

For products in stock, the order is usually dispatched within 2 – 7 working days after receipt of payment.

The stock of products can be found on the website. In the event of any incorrect stock information, the Supplier shall inform the Buyer by e-mail or telephone of the estimated delivery date. In the event that the supplier is unable to deliver to the buyer within 14 working days, the buyer may withdraw from the contract free of charge.

WITHDRAWAL FROM THE CONTRACT

In accordance with the Consumer Protection Act, the buyer (a natural person) has the right to withdraw from the contract within 14 days of taking delivery of the ordered item, without giving any reason for his/her decision.

The withdrawal from the Contract shall be communicated by an unequivocal statement to the following email address: orders@goba.eu.

The withdrawal declaration must be accompanied by a copy of the (pre-)invoice and proof of payment of the contract and the details of the TRR number to which the tenderer is to make the reimbursement.

EXCEPT

According to Article 135 of the PPSA, withdrawal from the contract is not possible in cases where sealed products have been ordered which are not suitable for return for health or hygiene reasons (food supplements and other special products), or where the product has been manufactured and adapted to the buyer’s personal needs according to the buyer’s instructions, or where the product is not suitable for return due to its nature, is perishable, or has already expired beyond its expiry date.

REFUND PROCEDURE ON WITHDRAWAL

The Buyer may withdraw from the contract after the invoice has been paid, but before the products ordered have been finally dispatched by the Supplier. In this case, the Provider shall suspend the dispatch of the order and shall refund the amount of the payment made to the account specified in the cancellation message as soon as possible.

In the event that the buyer withdraws from the contract in due time (14 days) after the payment of the invoice and has already received the ordered products, the buyer must send them undamaged and in unchanged quantity to the supplier within 30 days of receipt of the shipment at the address MycoMedica d.o.o., Podkoren 72, 4280 Kranjska Gora, no later than 30 days after the receipt of the shipment.The buyer must send the ordered products to the following address.

Returned products in their original, undamaged packaging must be accompanied by the product documentation, a copy of the invoice and the customer’s TRR number.

Upon inspection of the returned products, the Provider will credit the Buyer with the purchase price less the shipping costs.

If the Buyer has redeemed the discount code at the time of purchase, only the amount of the purchase price actually paid will be refunded to the Buyer upon withdrawal from the contract.

If, after inspecting the returned products, the Provider finds that they do not meet the return conditions, it will send the package back to the Buyer. In this case, the Buyer shall bear the costs of reshipment.

If the buyer starts to use the product or otherwise damages it, the buyer loses the right to withdraw from the contract.

In the event of a properly executed withdrawal procedure and fulfilment of all the conditions for the return of products, the provider will make a refund of the payment, in the amount as stated in the above rules, no later than 30 days from the receipt of the rejected product to MycoMedica d.o.o., Podkoren 72, 4280 Kranjska Gora, at the address MycoMedica d.o.o., Podkoren 72, 4280 Kranjska Gora.

In the case of an order placed by a legal entity or a natural person engaged in a gainful activity, and in cases where the purchase is not made on the basis of an order placed, any refund claims will be dealt with on an individual basis.

DAMAGE, DESTRUCTION OR LOSS OF THE CONSIGNMENT

Before taking delivery of the consignment, the Buyer is obliged to inspect it to ensure that it is not damaged or destroyed and that it shows no visible signs of opening or missing contents. If he/she finds that the consignment is damaged (parcel, packaging, products), he/she must reject the consignment and immediately inform the carrier and the supplier of the damage.

Upon acceptance of the consignment, liability for loss, destruction or damage to the consigned goods passes from the supplier to the buyer.

COMPLAINING ABOUT NON-CONFORMING PRODUCTS

The Supplier shall deliver the Products ordered to the Buyer in accordance with the Contract and shall be responsible for the conformity of its performance.

The product complies with the sales contract when:

1. corresponds to the description, type, quantity and quality specified in the sales contract;
2. it is suitable for the specific purpose for which the buyer needs it and which the buyer has informed the offerer of at the latest at the time of conclusion of the contract of sale and the offerer has agreed to;
3. is delivered with all accessories and instructions as specified in the sales contract;
4. it is of a quantity and has the characteristics and other properties, including those relating to durability, compatibility and safety, which are usual for products of the same kind and which the buyer may reasonably expect in the light of the nature of the product and having regard to the publicity given to it in the advertising of the supplier or of other persons, unless the supplier proves that:
5. he had no knowledge of the public statement and could not reasonably be expected to have had knowledge of it,
6. the public statement has been revised in the same or a comparable manner to that in which it was made by the time of the conclusion of the contract of sale; or
7. the public statement could not have influenced the decision to buy the product.

The suitability of the product for normal use shall be assessed by reference to normal products of the same type and taking into account any representations made by the supplier or the manufacturer concerning the characteristics of the product, in particular by means of advertising, the presentation of the product or indications on the product itself.

The Buyer may exercise its rights under the product’s conformity if it notifies the Supplier of the non-conformity within two months of the date on which the non-conformity was discovered. In the notification of non-conformity, the buyer must describe the defect in more detail and give the supplier the opportunity to inspect the item.

The supplier shall not be liable for any non-conformity of the product which becomes apparent after two years have elapsed since it was delivered to the buyer.

In the event of confirmed non-conformity of the goods, the Buyer shall be entitled to:

1. the non-compliance is rectified by the tenderer;

2. request a reduction in the purchase price in proportion to the non-compliance

3. request a replacement product; or

4. withdraw from the contract of sale and ask for a refund.

The buyer’s rights are extinguished at the end of two years from the date on which the buyer notifies the supplier of the non-compliance.

The customer should report the complaint to orders@goba.si, attaching a copy of the original invoice or other proof (e.g. a bank statement) showing the date and time of purchase to the returned product. The Provider will acknowledge receipt of the complaint within 5 days of the Buyer’s written communication and inform the Buyer how the complaint will be dealt with.

If the existence of a defect in the product is not disputed, the supplier must comply with the buyer’s request as soon as possible, but at the latest within eight days.

If the existence of a defect in the product is disputed, the supplier must reply in writing to the buyer’s request no later than eight days after receipt of the request, informing the buyer of the further procedure to be followed.

In the event of a replacement of the product, other than as a result of a complaint, which is approved by the Supplier, the Buyer shall bear all costs related thereto, i.e. the costs of return, the costs of re-shipment and any difference in price.

LIMITATION OF THE LIABILITY OF THE PROVIDER

The online shop operates on the catalogue sales principle and the stock and delivery information is for information purposes only. Despite the efforts made to keep the information published in the online shop up-to-date, it may happen that the information on product characteristics, price or delivery changes so quickly that the supplier is unable to correct the information in time. In such cases, the supplier will inform the customer of the changes and give the customer the opportunity to withdraw from the contract, exchange the product ordered or agree on an individual basis on another option.

Photos are for illustrative purposes only and may not reflect the actual condition at the time of purchase.

The Supplier shall not be liable for damages resulting from force majeure, manufacturer’s defects, improper use of the product by the Customer or other circumstances beyond the Supplier’s control.

LIMITATION OF THE RIGHT TO USE COPYRIGHT CONTENT

Statements, photographs, videos, articles, and other texts published on the website www.goba.eu are copyrighted and owned by MycoMedica d.o.o..

They may only be used for personal, non-commercial purposes.

Copying, distribution and other similar acts for commercial purposes are prohibited without the written consent of MycoMedica d.o.o..

Under current copyright legislation, the use or reproduction of copyright works is exceptionally permitted under the right of publicity, for educational purposes, and for purposes of illustration, confrontation and reference in quotation form, but the source and authorship of the work must be acknowledged.

COLLECTION, PROCESSING AND STORAGE OF DATA WHEN VISITING THE WEBSITE WWW.GOBA.EU

The website logs information about visits to the website on a web server. This information includes the IP number, time of visit, content of the request, http status code, amount of data downloaded, the web page from which the request came, the browser, and so on.

We collect certain data using cookies, which the user consents to, and certain data on the basis of legitimate interest. For more information on our cookie policy, please refer to our Privacy Notice, which can be found HERE.

Data is collected to ensure information security, to prevent unauthorised access, and to ensure the availability, integrity and confidentiality of stored and transmitted personal data and the security of related services.

By giving his/her consent, the user authorises MycoMedica d.o.o., as the controller of the collection of personal data collected through the online shop www.goba.eu, to process the data for the purposes of sampling, surveys and statistical processing, to determine the use of the services, to tailor the offer and segmentation, for market research, to inform about the offer, news and benefits, to send e-newsletters and other advertising material of MycoMedica d.o.o. and related entities.

The (personal) data collected will not be disclosed to third parties. The above data may be processed by MycoMedica d.o.o. and its contractual processor for their own purposes until the consent is withdrawn by the provider with a request for the removal of the personal data from the database, otherwise only for as long as is strictly necessary to achieve the purpose for which the data were collected. During the period of management of the personal data, the data subject shall have the possibility to consult and update the data in the database upon request.

PRIVACY AND DATA PROTECTION

The data provided by the user through the online shop – when using, registering, in the shopping cart, via contact forms, by signing up for the newsletter or otherwise (via e-mail, telephone, etc.) are confidential and are treated in accordance with the applicable Slovenian legislation and the EU General Data Protection Regulation (GDPR). The provider will treat the data in a lawful and transparent manner and will protect and prevent their misuse. Personal data will only be used for the purposes for which the user has given his/her consent. The user is also responsible for the protection of personal data by ensuring the security of his/her username and password.

For more information on privacy, data protection and the processing of personal data, please refer to the Privacy Notice, which can be found HERE.

RESOLVING COMPLAINTS

Parties may submit comments and complaints:

• by email to: orders@goba.eu
• in writing to MycoMedica d.o.o., Podkoren 72, 4280 Kranjska Gora, or
• by phone on 030 666 969

The provider will conduct the complaint handling process in accordance with the principles of professionalism, independence, impartiality and transparency.

The provider must acknowledge receipt of the complaint within 5 working days and inform the customer of the estimated timeframe for dealing with the complaint.

The Parties undertake to resolve disputes amicably to the best of their ability.

In accordance with Article 32 of the Act on Out-of-Court Dispute Resolution (ZLsRPS), MycoMedica d.o.o. does not recognise the competence of IRPS providers to resolve a consumer dispute that a customer may initiate under this Act.

The customer can also lodge a complaint on the Online Consumer Dispute Resolution Platform (ODRP). The link to the ODRP can be found HERE.

If no agreement is reached, the Jesenice District Court is responsible for disputes.