Operating terms and conditions of PS Moj paket d. o. o.
The company PS Moj paket, direktna prodaja d.o.o. (hereinafter: the seller or Moj paket), Tržaška cesta 43A, 2000 Maribor, registration number 6318983000, VAT ID number SI23059419, registration authority Maribor District Court, is the administrator of the online store and the supplier of the items on the online store accessible at www.mojpaket.si.
On the basis of business cooperation with its parent company Pošta Slovenije d.o.o., Slomškov trg 10, 2500 Maribor, Moj paket provides online purchasing of products for interested natural persons (hereinafter: user or buyer) also at Pošta Slovenije post offices, in the manner and under the conditions set out below in these operating terms and conditions.
These terms and conditions set out the operations of the online store, i.e. the purchasing of items on the online store, and the rights and obligations of the user deriving from the business relationship between the user, as the buyer of the item, and the seller.
The legal relationships between the users of the online store i.e. buyers of items and the seller, which are regulated by these general terms and conditions, are in line with the regulations of the Republic of Slovenia in the area of consumer protection, personal data protection, electronic operations and electronic signatures.
Communication with users i.e. buyers
Buyers may communicate with the seller in several ways:
• by telephone: +386 (0)2 450 21 89,
• by email: firstname.lastname@example.org
• by post to: PS Moj paket d. o. o., Tržaška cesta 43A, 2000 Maribor.
Communication by email shall be considered equivalent to communication by post.
What you should know
By sending an order, the buyer agrees to these conditions of operation. Orders may be submitted:
• in person online with a username and password on the website www.mojpaket.si on the basis of prior registration (registration is also possible during online shopping and is not compulsory), or
• at the post office through the intermediation of a post office clerk, or
• through a phone call.
Upon submitting each order, the buyer is reminded of the operating terms and conditions and by sending an order confirms that they are familiar with the content of the terms and conditions.
Users of the online store i.e. buyers of items can access the seller’s currently applicable operating terms and conditions on its website www.mojpaket.si and at all Pošta Slovenije post offices.
Orders may be submitted only by adults with means of communication set out in detail below in these terms and conditions. Persons who are older than 15 and younger than 18 must have the written permission of a parent or guardian.
Order by phone
In accordance with these terms and conditions, the buyer can submit an order via the seller's phone no. +386 (0)2 450 21 89.
Orders can be submitted from Monday to Friday 8 am to 8 pm.
Upon delivery buyers receive a declaration of acceptance of the offer to be signed. Buyers can also receive answers to all questions regarding products, delivery and payment via that number.
The cost of calls to the landline network via +386 (0)2 450 21 89 shall be charged according to the price list of the buyer's telephone operator.
The MojPaket online store is open 24 hours a day, seven days a week.
Buyers can select from a wide assortment of items, and a fast and secure transaction is provided with or without registration. Registration of the buyer is therefore not a condition for making purchases on the online store.
Special sales and offers are presented to buyers online or via other forms of seller advertising in paper or electronic form.
Buyers who accept these terms and conditions will receive free email notifications about new products, sales and discounts.
Order by email
The buyer can send their order to the seller's email address email@example.com with all the required information (address, requested items/products and product code/number, payment method).
Order in writing by post
Buyers can also send orders by post to the following address: PS Moj paket d. o. o., Tržaška cesta 43A, 2000 Maribor.
Submission of orders at the postal counter of post offices
Buyers can also order items at post offices. In doing so, they can select from a wide range of items that are listed in the seller's advertising flyers. The current flyer is available at Pošta Slovenije post offices. The item selected from the advertising flyer is ordered by the buyer with a postal employee who registers the buyer online, or if the buyer is already registered the postal employee places the order with the seller on behalf of and for the account of the buyer. The postal employee uses the seller's web application to submit the order. Prior to the final submission of an order online, the postal employee obtains a signed order in paper form from the buyer. One copy of the order is received by the buyer, while another copy is retained by the postal employee for seller needs.
The registration of a buyer is created by a postal employee at a post office on the basis of prior buyer identification by copying the personal data from the buyer's personal ID document, as required by the seller's online registration, as follows: first name and surname (mandatory), address (mandatory), telephone number (mandatory) and email (optional).
During this order submission process the postal employee asks the buyer whether they wish to also receive offers and other advertising messages of the parent company Pošta Slovenije and of its other subsidiaries, EPPS d. o. o. and PS Zavarovalno zastopništvo d. o. o. If the buyer's consent is gained, the box in the clerk's interface during order submission will be ticked. The buyer's personal details from the submitted order will thus be submitted for processing to the aforementioned companies as managers of personal data for direct marketing in accordance with the Personal Data Protection Act.
Conclusion of sales contract and cancellation of order
Remote conclusion of contract
Upon the submission of the order, the seller and buyer enter into a remote sales contract for the purchase of the item. The remote contract shall be deemed concluded:
• for phone orders, by signing the buyer's declaration of acceptance of the offer upon the acceptance of the delivered item or package;
• for written orders, by submitting a signed written order form at the post office;
• for online orders, when the buyer confirms the last step in the order submission procedure and the seller confirms receipt of the order via an email message sent to the user’s email address.
The buyer’s submitted order is stored on the seller’s server.
Prices and payment terms
All selling prices are inclusive of Slovenian VAT. As of 1 July 2021, the new European rules for e-commerce have entered into force. From this day forward, Pošta Slovenije is now required to charge EU consumers (from abroad) value-added tax on all stamps and philatelic products at the rate that applies in their own country. The tax is not charged for exports of goods to third countries.
The selling prices have already been adjusted to the tax rate and country from where a particular customer is from for all registered and signed-in customers in the Dežela znamk (Land of Stamps) online store.
The validity of the price of an individual item or service shall apply on the date of purchase, i.e. the day that the buyer submits an order and concludes a purchase in accordance with these terms and conditions.
Gift vouchers and discount bonus codes cannot be exchanged for cash.
The seller will issue the buyer an invoice, which it will send in pdf format to the buyer’s email address or enclose it in the package with the purchased item. The price and all costs associated with the purchase will be itemised on the invoice, along with other notifications about the buyer’s rights and obligations, such as the right to withdraw from the contract, etc.
The buyer may effect payment using the following means:
• cash on delivery (payment of items is made to the deliveryman upon delivery, with an additional commission for payment using UPO in accordance with Pošta Slovenije's valid price list)
• by using a pro forma invoice (upon submitting an order the buyer will receive an email with the pro forma invoice attached. After payment is received, the items are dispatched without further charges)
• with an Activa, Maestro, Mastercard or Visa card (credit card payments will be subject to a 3.5% surcharge from the value of the order. The costs are given in purchase step 3 and in the invoice)
Prodajalec mora za dobavo blaga ali storitev izdati račun in ga izročiti kupcu.
Sellers must issue a receipt for any goods or services supplied, handing it over to the buyer.
Kupec mora prevzeti račun in ga zadržati neposredno po odhodu iz poslovnega prostora.
Buyers must accept the receipt, and should retain it until they have left the business premises.
Vklopi razum, zahtevaj račun!
Be smart, ask for a receipt!
The sales contract (i.e. the first email regarding the status of the order) is stored in electronic form on the service provider's server and also accessible for users at their request at firstname.lastname@example.org.
Right to withdraw from a contract or cancel an order
The buyer may cancel an order of items at any time before delivery within 14 days of submitting the order, by sending a notice of cancellation or a cancelled order to the seller’s email address email@example.com or by post. The notice/message must contain the order number, and the word Cancellation must be entered in the Subject line.
The form for withdrawing from a contract can be downloaded HERE.
Cancellation shall not create any costs or other obligations for the buyer.
The buyer may also refuse to accept items that the seller has already sent to the deliverer Pošta Slovenije at the delivery address.
In the event that the buyer, despite receiving a notice of delivery of the item, fails to pick up the item at the delivery post office within 15 days, the item will be returned to the seller on the 16th day. In such case the seller shall consider the order to have been cancelled.
In the event that the buyer cancels the order after acceptance of the item, they may withdraw from the sales contract, but may not use the item unrestrictedly after acceptance. It such case, the seller reserves the right to judge whether the buyer improperly used the item. In the event that the item is established to have been used improperly, the buyer will lose their right to withdraw from the contract. In the event of withdrawal from the contract, after acceptance the buyer must return the item to the seller with the appropriate indication on the return form, no later than 14 days from the submission of the order cancellation by post in the form of a parcel sent to the seller’s address, which is stated on the return form, at the seller's expense.
Returned items must be undamaged, in the same quantity as was delivered and in the original packaging.
The withdrawal from contract option shall not apply to:
- software, audio and video carriers if the buyer has broken the safety seal;
- the delivery of food products where the original packaging has been opened or damaged;
- the delivery of hygiene and personal care products;
- already used, washed or otherwise damaged products;
- technical products (e.g. when purchasing software or audio and video carriers), if the buyer has opened or assembled individual components.
The right to a full refund in the event of the exercising of warranty rights or material defects is set out in greater detail in the Consumer Protection Act (hereinafter: ZVPot).
Procedure of returning items
The buyer receives a return form upon delivery that contains a pre-completed waybill to return the accepted item. The buyer fills out the return form and attaches it to the parcel, and brings it to the post office.
The cost of the return is calculated in accordance with these terms and conditions with respect to the type of withdrawal exercised by the buyer pursuant to these terms and conditions.
Payments shall be refunded as soon as possible and no later than 14 days after receipt of the notice of withdrawal from the contract. The service provider reimburses the payments to the buyer using the same means of payment as the buyer used, unless the buyer has expressly requested the use of another means of payment and provided the buyer does not incur any costs as a result of such reimbursement.
The seller reserves the right to suspend the reimbursement of received payments until receipt of the returned merchandise or until the buyer submits proof that they sent the received item back in accordance with these terms and conditions and the ZVPot.
Exchange of items
The buyer can exchange the items for an item in another colour, size or model. The exchange (swap) option is not possible for personal care products. The exchange of an item for the same item of a different colour or size excludes any shipping costs for the buyer.
The seller will deliver the ordered items in their entirety or in partial deliveries in the form of parcels delivered by Pošta Slovenije. The items in stock will be delivered as a rule within three to seven business days or within three months at the latest.
The seller reserves the right to divide an individual order into multiple parcels if the ordered items are located in different warehouses or if a portion of the ordered items is currently out of stock. No additional sending/shipping costs shall be borne by the buyer in case of partial deliveries from the same order.
Sending costs (EUR 2.94 for all orders valued below EUR 20.86) will be added to the order in the ordering phase, and can be seen in the shopping cart, before the buyer clicks on “Complete purchase” or confirms their order by signing the order form at the post office.
Items have a warranty if so stated on the invoice or the warranty. The regular warranty on items is one year, unless a different warranty is attached to a specific item.
In cases where the buyer lodges a complaint against an item during the warranty period and no longer wishes to use the item, they can return the item against which they filed a complaint to the seller in its original packaging and with the return form that they accepted upon delivery or is available on the seller's website, in accordance with the provisions of these terms and conditions.
Information on the warranty is also defined on the website next to the item's description. If no information is displayed, the item has no warranty or the data is not available at this time. In that case, the buyer may address the warranty-related question to the seller who will provide the required information as soon as possible.
R&D – unsold stocks
Technology is evolving at a rapid pace, sometimes even too rapidly, which can lead to a retailer being left with unsold stocks in warehouses in such cases, while already placing new shipments of goods on its shelves. Owing to good collaboration between retailers and manufacturers the unsold stock is returned to manufacturers who thoroughly inspect it and resell it under the label ‘refurbished’ at new, lower sales prices. It occasionally happens that certain mass production products are not sold quick enough (as planned). In these cases a surplus output is produced, which the manufacturer wishes to dispose of quickly, offering these goods as refurbished, with lower prices facilitating their quick sale. A certain percentage of unforeseeable errors can always appear in electronics during production. When a product is sold, a customer can quickly identify a defect (screen, motherboard, memory (RAM), video graphics card). A customer returns a laptop in the scope of the DOA (dead on arrival) policy, exchanging it for a functional product and returning the goods to the manufacturer. The goods are inspected thoroughly in the control room, the errors eliminated with new parts and the entire product is subject to retesting, thus achieving its flawless operation. The product, e.g. laptop, is repacked and sold as refurbished at a new, lower price. The Refurbished product range therefore includes NEW equipment that in terms of quality is equivalent to the other equipment from regular sales, as the manufacturer itself 100% supports the product's quality and warranty.
A defect is deemed material:
• if the product lacks the characteristics needed for its normal use or for trade;
• if the product lacks the characteristics required for the special use for which the buyer purchased the product, and which was known to the service provider or should have been known to it;
• if the product lacks the characteristics and qualities that were expressly or tacitly agreed or prescribed;
• if the service provider delivers a product that does not match the sample or model, unless the sample or model was only displayed for information purposes.
The appropriateness of the product for normal use is verified according to common goods of the same type, and taking into account any declarations issued by the service provider or manufacturer on the characteristics/properties of the goods, particularly through advertising, product presentation or statements made on the product itself.
The buyer must notify the service provider of any material defect, including a detailed description thereof, also reporting the defect to the provider within the legally prescribed period at their own expense and enabling the provider to inspect the product.
The buyer who correctly informed the provider of the material defect is entitled to request the following from the provider:
• to either eliminate the defect on the product,
• or return a portion of the paid amount in proportion to the defect,
• or reimburse the buyer for the paid amount.
The Consumer Protection Act sets out the right to exercise material defect claims in detail.
The form for the enforcement of material defect claims can be downloaded HERE.
Protection of the buyer’s personal data
By submitting an order pursuant to these terms and conditions, the buyer expressly declares and gives consent that the seller may process their personal data, including name and surname, street address and postal code, email address and telephone number (mobile or stationary telephone), for purposes of completing the orders under this agreement, and protect them in accordance with the Personal Data Protection Act. The seller will not disclose the buyer’s personal data to unauthorised third parties, except to contractual partners, if necessary in order to complete the order. The buyer may not cancel the processing of their personal data for purposes of completing an order pursuant to these general terms and conditions.
The seller reserves the right to process the buyer’s personal data for its own purposes, in order to conduct statistical sampling, surveys, adjustment and segmentation of the product range, market research, notification of product range, new products and deals, carrying out targeted advertising and for sending other advertising materials (direct marketing). The seller will not conduct direct marketing if the buyer expressly refuses it upon submitting the order, otherwise it may conduct it until it receives a notice of cancellation from the individual or until the data no longer serve their purpose.
After the buyer gives their prior express consent, the seller will send their personal data, including name and surname, street address and postal code, email address and telephone number (mobile or stationary telephone) to its parent company Pošta Slovenije d.o.o., and to the other associated companies PS Zavarovalno posredništvo and EPPS for the receipt of advertising offers for purposes of direct marketing. Upon the giving of the buyer’s consent, the parent company and the associated companies become the administrators of the personal data until cancellation.
Buyers may send all complaints relating to contractual relationships in connection with items to the seller’s email address: firstname.lastname@example.org.
The seller will review the complaint and in the case that irregularities are established cancel the issued invoice and send the buyer a new invoice in accordance with these terms and conditions.
The seller is obliged to resolve the complaint as soon as possible, but no later than fifteen (15) days after receipt, and to send the buyer a response. The seller will notify the buyer by email about significant information regarding the course of the complaint resolution, or will request additional explanations if the need arises.
The seller will strive to the best of its ability to ensure that disputes do not occur. In the event that a dispute does occur, the seller will attempt to resolve it amicably. The buyer shall have the right at all times to propose resolution of the dispute before the competent court, in accordance with legal regulations in this area.
Out-of-court resolution of consumer disputes
In accordance with the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), PS Moj paket d.o.o. recognises the following entity as a competent entity for the resolution of consumer disputes:
European Centre for Dispute Resolution (ECDR), Ljubljana
Tomšičeva ulica 6, 1000 Ljubljana
Tel: +386 8 20 56590
Amendments to terms and conditions of operation
The seller reserves the right to amend these terms and conditions of operation at any time, if it is bound to in accordance with currently valid regulations in this area or if it deems it necessary in order to ensure the legal, secure and quality operation of the online store.
The amended general terms and conditions shall enter into effect upon their publication on the website and shall apply to the individual buyer from the submission of the order onwards.