Terms and conditions

The General Terms and Conditions of Business (hereinafter: the terms) of the Acai.si online shop (hereinafter Acai.si) comply with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1) and the Electronic Communications Act (ZEKom-1).

Acai.si is operated by the company Doživetja d.o.o., Srednji Lipovec 9, 8361 Dvor, company registration number: 5360668, tax number: SI24475696 (hereinafter: Doživetja d.o.o.).

The terms govern the operation of the Acai.si online shop, the rights and obligations of the customer and the shop, and regulate the business relationship between Acai.si and the customer.

The customer is bound by the terms in force at the time of purchase (placing the online order). Each time an order is placed, the customer is specifically reminded of the terms and, by placing the order, confirms that they have read them.

The terms apply to all pages of Acai.si and take effect as soon as you enter the site.

We reserve the right to change any part of the terms, in part or in full, without special notice. Changes apply from the moment of publication. We do not guarantee the accuracy and completeness of the information on the Acai.si pages, nor of the text and image material. A photograph on Acai.si and the actual appearance of the item in real life may differ. We reserve the right to restrict or completely suspend the sale of some or even all products for a limited or unlimited period, to restrict or completely block access to the Acai.si online shop pages, or otherwise to restrict or suspend the operation of Acai.si.

We reserve the right, in exceptional cases, to withdraw from fulfilling an order in part or in full if the ordered products are out of stock or the services can no longer be provided, if we identify an increased payment risk on the part of the customer, if the order was not completed in accordance with the terms, or if there has been an obvious error in the price list. In such and similar cases, we will notify you immediately of our withdrawal from fulfilling the order.

We accept no liability whatsoever for any damage to your hardware or software caused by visiting and using the Acai.si pages, or for any damage in connection with products purchased in the online shop.

Types of users

By entering their e-mail address once in Acai.si, the customer becomes a "guest", and with a confirmed registration in Acai.si, a "member". The customer has the right to buy in Acai.si both as a guest and as a member.

Upon registering in Acai.si, the customer receives a "username", which is the same as their e-mail address, and a "password". The username and password of an Acai.si member unambiguously identify them and link them to the data entered.

Registration is not a condition for shopping on Acai.si, but registered users can enjoy a number of benefits and advantages, such as:

• the option to rate products and leave comments
• faster checkout – without re-entering your details
• an overview of completed purchases
• repeating a completed purchase

Registration is quick and easy: click the registration button, enter your details and confirm. You will receive a confirmation of successful registration by e-mail. You can change your details and track your orders at any time afterwards.

If a user later wishes to replace their e-mail address with another one, they must send a request to acai@acai.si. The change of e-mail address will be carried out on the same or, at the latest, the next working day, and the user will be notified of this by e-mail.

Availability of information

The seller undertakes to provide the customer with the following information at any time:

1. the identity of the company Doživetja d.o.o.,
2. contact details enabling quick and efficient communication,
3. the essential characteristics of the goods or services (including after-sales services and guarantees),
4. the availability of products (every product or service offered on the website is available within a reasonable time),
5. the conditions of delivery of the product or performance of the service (method, place and time of delivery),
6. all prices are clearly and unambiguously stated, and it is clearly shown whether they already include taxes and delivery costs. All prices are expressed in EUR including VAT,
7. the method of payment and delivery,
8. the period of validity of the offer,
9. the period within which it is possible to withdraw from the contract and the conditions for withdrawal (a description of the right of withdrawal in accordance with Article 43č of the ZVPot; where, in accordance with Article 43č of the ZVPot, the consumer has no right of withdrawal, they are expressly informed of this),
10. the complaints procedure must be explained, including all details of the contact person or customer service department.

Order

The sales contract between Doživetja d.o.o. and the customer in the Acai.si online shop is concluded at the moment the customer confirms the order. From that moment, prices and other conditions are fixed and apply to the customer and Acai.si. The customer is the person named on the order at the time of placing it.

Subsequent changes to the customer's personal data are only possible if the original customer notifies Acai.si of the new customer by e-mail and Acai.si confirms the new customer's details in reply.

The e-mail confirming receipt of the order (the sales contract) is stored in electronic form on the Acai.si server.

Payment methods

Customers can pay for their order in several ways: by proforma invoice, PayPal or credit cards. Only payment in a single lump sum is possible.

Until the full purchase price has been paid, the products remain the property of the seller, that is, the company Doživetja d.o.o.

Pre-orders are paid for in advance.

Payment by proforma invoice

After you select the "payment by proforma invoice" option and place your order, you will receive the details (bank account number, address) for making the payment. The products can be collected once payment has been received in our bank account. For faster processing, please notify us of the payment by e-mail at acai@acai.si once it has been made.

Payment by Mastercard, Visa, American Express or Maestro card on delivery

After you select the "payment by card on delivery" option and place your order, you will receive an order confirmation by e-mail, followed by delivery within the agreed time. You pay for the ordered products to the courier by card.

Issuing of invoices

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Acai.si encloses the invoice with the delivery or sends it to the customer's e-mail address after delivery.

The content of the invoice complies with the law.

The customer is obliged to check the accuracy of the details on the invoice and to raise an objection immediately in the event of any irregularities. Objections regarding the accuracy of issued invoices that are raised later will not be taken into account.

Prices

All prices include VAT at the statutory rate, unless otherwise stated next to the price.

Prices apply at the time the order is placed and for that particular order. In future, prices for the same products may change without prior notice.

Prices apply when paying by the payment methods listed above, under the stated conditions.

Discounts and promotional codes are generally not cumulative.

Funds paid in on gift cards, bonuses and proforma invoices do not earn interest. Gift cards and discount bonuses cannot be exchanged for cash.

Discount code – coupon

A discount code brings various benefits when shopping through the Acai.si online shop. The discount code is published in an advertising message, on the website next to an individual product, in a mailing sent out, or elsewhere.

If a customer uses a discount code but later cancels the order placed with the redeemed code of their own free will, they are no longer entitled to a new benefit under that code.

Using a discount code:

• Select the items you want to buy and put them in your cart. The value of your order must be at least €1 higher than the value of the discount code. When you have finished adding items to your cart, continue by clicking the Checkout button. Choose the delivery method, enter the delivery address and choose the payment method.
• In the same step, enter the discount code in the discount code field and confirm by clicking the "Apply code" button.
• Once you enter the discount codes, their value is automatically deducted from the price of your order in the final step. What remains is the amount still to be paid.
• A discount code is a one-time code, which means you can use it only once.
• Combining different discount codes within the same order is not possible.

Purchase notification procedure

After placing an order, the customer receives an e-mail notification that the order has been accepted. The e-mail also informs the customer about the withdrawal policy, where to turn in the event of a delay in delivery and where to turn in the event of a complaint. Acai.si reviews the order, checks the availability of the ordered items and either confirms the order or rejects it with a stated reason.

Acai.si may call the customer on their contact telephone number to verify details or to ensure the accuracy of delivery.

For items that Acai.si does not have in stock in its own warehouse, it depends exclusively on delivery by its supplier and on the time in which that supplier can deliver the item to Acai.si.

Acai.si keeps the customer informed by e-mail of up-to-date information regarding the delivery of items. If the delivery time for any item is long and the customer does not wish to wait, the customer can tell Acai.si, which will remove the item from the order and refund any funds already paid, and either deliver the remaining items from the order or cancel the entire order.

Acai.si accepts no liability for damage arising from longer delivery times or from non-delivery of items that Acai.si does not have in stock in its own warehouse, except where Acai.si or a person for whom the company is responsible caused it intentionally or through negligence.

We reserve the right to verify the customer and the details provided when ordering. If we consider it necessary, we will also verify the order by telephone. If nobody answers after repeated calls to the telephone number given at the time of the order, or the number does not exist, we reserve the right to cancel the order immediately.

We reserve the right to block a user who provided incomplete, incorrect or false details when registering, in the case of orders where we cannot verify the user. Registration and purchase with identical details will no longer be possible.

Consumer's right of withdrawal from the contract

The customer has the right, within 14 days of receiving the items, to notify Acai.si that they are withdrawing from the purchase of the products. The period starts to run one day after the date the items were received.

The customer notifies the seller of withdrawal from the purchase of a product in writing at the seller's e-mail address: acai@acai.si.

You can also withdraw from the contract via the “Withdraw from contract here” link in the footer of every page: enter your first name and surname, order number and e-mail address, and confirm. We will immediately send you a confirmation by e-mail with the content of your statement and the date and time it was received.

In the event of withdrawal from the purchase, the customer and Acai.si agree on the method of returning the product and refunding the purchase price paid. The product must be returned within 14 days of withdrawal from the purchase. The purchase price is refunded within 14 days of withdrawal from the purchase.

If the customer returns the product undamaged, in unchanged form, in its original packaging and in the condition in which they received it, Acai.si refunds the purchase price in full. The customer bears only the shipping costs.

If, however, the customer has already started using the products but then changes their mind, they thereby lose the right to withdraw from the purchase. They can still return the product, but Acai.si will charge appropriate compensation, at least 30% of the purchase value of the product. The exact amount of the compensation depends on the condition and quantity in which the customer returns the product. Acai.si assesses the amount of the compensation professionally and informs the customer of it within 5 days of the return of the product.

Delivery and personal pickup

Acai.si takes care of delivery itself through its own delivery service. The ordered goods are delivered to the address that the customer gives when ordering.

Delivery of Acai.si products is charged at the following prices regardless of the size and weight of the products. The prices already include VAT.

Free pickup is possible by prior arrangement every Thursday from 8:30 to 13:30 at Mons café in Ljubljana, once a month at Prevalje Climbing Centre (PCP), and at a motorway exit on the weekly Ljubljana–Maribor, Ljubljana–Krško and Ljubljana–Kranj routes (for orders under €120).

For purchases from EUR 0.00 to EUR 119.99, delivery within Slovenia costs EUR 50.

For purchases of EUR 120.00 or more, delivery is free.

Frozen products are delivered through a cold chain system, so it is very important that the customer puts the products in the freezer as soon as possible after receiving them.

Due to the nature of the delivered products (frozen), the delivery service calls the customer the day before delivery. The customer must therefore be reachable on the telephone number given when placing the order. If the delivery service is unable to reach the customer by telephone, it will not deliver the order.

If delivery was unsuccessful despite prior arrangement because the customer was not available at the delivery location, the customer can collect the ordered goods in person at the Acai.si warehouse or ask for redelivery, paying a redelivery fee of EUR 10. This amount is also payable if the original delivery was free of charge.

The customer should inspect the goods received immediately and notify Acai.si at once of any damage.

The customer can also collect the ordered products in person at the Acai.si warehouse. Acai.si and the customer agree on the day and time of collection after the order has been placed and payment confirmed.

If you have any further questions, we will be happy to help!

Delivery times

We prepare ordered products that are in stock within 3–7 days (Ljubljana and surroundings) and up to 10 days (remote places in Slovenia). The delivery conditions stated above apply to the delivery price. We always speak to the customer before delivery and agree on the details.

Delivery times are longer than average because of the nature of the products, which are frozen and require a special temperature regime for transport.

We reserve the right to extend the time limit because of technical or other errors in the process. In this case, we undertake to inform the customer accordingly.

We will tell you the exact delivery date on the day we receive your payment.

For products that are not in stock, delivery times are longer but expected to be no longer than 20 days.

If you would like to receive a product sooner, please contact us by e-mail at acai@acai.si and we will try together to find the best possible solution.

Secure shopping

Shopping online at Acai.si is secure. We have ensured this with all the latest measures for protecting your confidential data.

All the data you enter for the purpose of making a purchase or when registering is carefully stored and is in no case passed on to any third party.

All your confidential data transmitted over the internet is appropriately encrypted, so there is no possibility of a third party reading it. For this purpose, we use SSL (Secure Socket Layer) technology for online sales.

Protection of personal data

Acai.si undertakes to protect all of the user's personal data on a permanent basis in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the ZVOP-1.

We will keep all personal data confidential and will not pass it on to anyone without your prior consent. By concluding the purchase contract, you agree that we may store and use your data for the purposes of our internal archive and statistics.

Communication

Acai.si will contact the user by means of distance communication only if the user does not expressly object, and in accordance with the provisions of the ZEKom-1.

Acai.si's advertising e-mails will contain the following elements:

• they will be clearly marked as advertising messages,
• the sender, Acai.si, will be clearly identifiable,
• various promotions, special offers and other marketing techniques will be marked as such, and the conditions for taking part in them will also be clearly stated,
• the way to unsubscribe from receiving advertising messages will be clearly presented,
• Acai.si will expressly respect a user's wish not to receive advertising messages.

Acai.si's advertising messages will be clearly recognisable and clearly separated from games and competitions.

Promotional e-mails (newsletter)

You will receive promotional messages if you express such a wish by e-mail or when ordering, or if you sign up for electronic notifications through the online shop. By signing up to the newsletter, the user agrees that we may occasionally inform them of news on the site, news in our range and promotional campaigns. The provider undertakes not to misuse the user's e-mail address in any way or pass it on to a third party. If you would like us to delete your personal data from the database of the website's users' personal data, let us know by e-mail at acai.si.

Contact

If you need any information or help with the online offer, placing orders, online delivery, using the website or returning goods, you can contact us by e-mail at acai@acai.si or by telephone on 041 984 109.

Ratings, reviews and recommendations

The reviews, ratings and recommendations that customers write are part of the online shop's functionality and are intended for the community of all users.

Acai.si allows any user of the online shop to write a review, and Acai.si checks reviews before they are finally published. Acai.si will not publish reviews or contributions that are in any way offensive or inappropriate, or that, in Acai.si's judgement, offer no benefit to other users and visitors.

By submitting a review or comment, the user expressly agrees to the terms of use of their review or comment and permits Acai.si to publish part or all of the text in all electronic and other media. Acai.si has the right to use the content of a review or comment for an unlimited period and for any purpose that is in Acai.si's business interest, including publication in advertisements or other marketing communications. The author of the review at the same time declares and warrants that they own the economic and moral copyright in the reviews and comments they have written and that they transfer these rights to Acai.si in full and for an unlimited period.

Limitation of liability

Acai.si does its best to ensure that the information published on its web pages is up to date and accurate. Nevertheless, the characteristics of items, the delivery time or the price may change so quickly that Acai.si is unable to correct the information on the web pages. In such a case, Acai.si will inform the customer of the changes and allow them to withdraw from the contract or exchange the ordered item.

Acai.si is not responsible for the content of reviews of items written by visitors. Acai.si checks reviews before publication and rejects those that contain obvious untruths or are inappropriate, misleading or offensive. Acai.si is not responsible for the information in reviews and disclaims any liability arising from the information given in reviews.

Acai.si has the option of withdrawing from the contract only if an obvious error is established (Article 46 of the Obligations Code, OZ). An obvious error is an error in the essential characteristics of the item and all mistakes which, according to trade custom or the purpose of the parties, are regarded as decisive and which Acai.si would not have confirmed, or would not have concluded the contract, had it known of them. This also includes obvious errors in the price.

Complaints and disputes

Acai.si respects the applicable consumer protection legislation. Acai.si does its utmost to fulfil its duty of providing an effective complaint-handling system.

In the event of problems, the customer can contact the provider, Acai.si, by telephone on the number published on the website or by e-mail at acai@acai.si. A complaint is submitted in writing via the e-mail address acai@acai.si. The complaint-handling procedure is confidential.

Acai.si is aware that an essential 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 also the main obstacle that stops a customer from bringing a dispute before a court. Acai.si therefore does its best to resolve any disputes amicably.

Out-of-court resolution of consumer disputes

In accordance with legal regulations, Acai.si does not recognise any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that the customer could initiate in accordance with the Out-of-Court Resolution of Consumer Disputes Act.

The customer can use the online platform for the resolution of consumer disputes (SRPS). The platform is available to customers at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

This arrangement derives from the Out-of-Court Resolution of Consumer Disputes Act and Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

Links

Users are permitted to link to the website from other websites whose content is not contrary to the law or general moral norms. On other websites, it is prohibited to publish, reproduce, distribute or otherwise use the website's sign, logo or trademark without the service provider's permission.

The website contains links to various external websites, such as other internet sites, individual pages or other sources, over which the website provider has no influence whatsoever and for whose availability, content or errors in external links it is not responsible. Users are bound by the general terms of use of the external websites.

Basic information about the company operating the online shop

Doživetja d.o.o.

Srednji Lipovec 9, 8361 Dvor

Tax number: SI24475696
Company registration number: 5360668000

Business account: SI56 3400 0101 6865 429 (bank Sparkasse d.d.)

The terms apply from 20 December 2020.