General Terms and Conditions

Company details: Moja Čokolada d.o.o., Celovška cesta 176, 1000 Ljubljana (SI56073178; 6508782000).
Warehouse: Savska Loka 21, 4000 Kranj

Contact: 0038670 222 555 // info@bamchocolate.com

General Terms and Conditions of the online shop MojaČokolada.si (Moja Čokolada) are drawn up in accordance with the Consumer Protection Act (ZVPot), on the basis of the recommendations of the Chamber of Commerce and Industry and the international e-commerce codes.

The online shop Moja Čokolada (hereinafter referred to as the "shop") is operated by the company Moja Čokolada d.o.o. (VAT taxable: YES), a provider of e-commerce services (hereinafter referred to as the "provider"). Upon registration in the Moja Čokolada system, the visitor obtains a username, which is identical to the visitor''s e-mail address, and a password. The username and password unambiguously identify and link the user to the data entered. By registering, the visitor becomes a user and acquires the right to purchase.

The General Terms and Conditions of Business deal with the operation of the Moja Čokolada online shop, the rights of the user and the business relationship between the provider and the customer.

Accessibility of information

(summary of legislation)

The Provider undertakes to provide the following information to the Customer at all times:

• the identity of the company (name and registered office of the company, registration number);
• contact details enabling the user to communicate quickly and efficiently (e-mail, telephone);
• the essential characteristics of the goods or services (including after-sales service and guarantees),
• accessibility of products (each product or service offered on the website should be accessible within a reasonable time);
• the terms and conditions for delivery of the product or performance of the service (method, place and time of delivery);
• all prices must be clearly and unambiguously set out and it must be shown whether they already include taxes and transport costs;
• the method of payment and delivery;
• the time validity of the tender;
• the period within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, if and how much it will cost the buyer to return the product;
• an explanation of the complaints procedure, including full details of the contact person or customer service.

Offer of items

Due to the nature of doing business on the World Wide Web, the My Chocolate offer is updated and changed frequently and quickly.

Payment methods

The Provider offers the following payment methods:

• bycashon collection (delivered by Post of Slovenia, DPD or GLS delivery);
• variousother forms ofelectronic paymentwith payment cards.

The Provider shall issue an invoice to the Customerin print and/or electronic media, with an itemised cost and instructions on how to withdraw from the purchase and return the products, if necessary and possible.

The purchase contract (order) is stored electronically on the Provider''s server and is accessible to the Buyer at any time in his/her user profile(My Account).

Prices

Online price listfor all Mojačokolada.si members. You become a member of the Chocoholics Club by registering in the Mojačokolada.si online shop. Prices are valid at the moment of order placement and have no predefined validity. All prices include VAT, unless explicitly stated otherwise.

The minimum amount for an order via the Mojačokolada.si online shop is € 12.

*The provider will deliver the goods or services within the agreed time limit. The Provider reserves the right to choose any delivery service if this will enable the order to be fulfilled more efficiently and in accordance with the shipping price/cost as stated at the time of ordering.

Delivery price list (already including VAT):

Country	Delivery method	Small packages (up to 50,00 €)	Larger packages (over 50,00 €)
(SI)	Pošta Slovenije	3,90 €	Free
(SI)	Osebni prevzem	0,00 €	Free
(SI)	🚀 Express dostava	5,90 €	Free
(SI)	DPD dostava	5,90 €	Free
(SI)	GLS dostava	5,90 €	Free
(HR)	Overseas Express Hrvatska	3,90 €	Free
(HR)	🚀 Ekspresna dostava	5,90 €	Free
(AT)	AT DPD	4,90 €	Free
(AT)	🚀 Expresslieferung	6,90 €	Free
(DE)	DE Home Delivery HD	4,90 €	Free
(DE)	🚀 Expresslieferung	6,90 €	Free
(IT)	IT Bartolini HD	5,90 €	Free
(IT)	🚀 Consegna espressa	7,90 €	Free
(FR)	FR Colissimo HD	7,90 €	Free
(FR)	🚀 Livraison express	9,90 €	Free
(ES)	ES MRW	7,90 €	Free
(ES)	🚀 Entrega exprés	9,90 €	Free
(NL)	NL Dutch Post	9,90 €	Free
(NL)	🚀 Express levering	11,90 €	Free
(DK)	Post Nord DK	15,00 €	Free
(DK)	🚀 Ekspreslevering	17,00 €	Free
(PT)	PT MRW	7,90 €	Free
(PT)	🚀 Entrega expresso	9,90 €	Free
(GR)	GR Elta HD	5,90 €	Free
(GR)	GR ACS HD	7,90 €	Free
(GR)	🚀 Παράδοση εξπρές	6,90 €	Free
(BG)	BG Sameday HD	5,90 €	Free
(BG)	🚀 Експресна доставка	7,90 €	Free
(LT)	LT Lithuanian Post HD	7,90 €	Free
(LT)	🚀 Skubus pristatymas	8,90 €	Free
(LV)	LV Venipak HD	6,90 €	Free
(LV)	🚀 Ekspress piegāde	9,90 €	Free
(EE)	EE Venipak HD	9,90 €	Free
(EE)	🚀 Express kohaletoimetamine	11,90 €	Free
(CZ)	CZ Zásilkovna domů	2,90 €	Free
(CZ)	🚀 Expresní doručení	4,90 €	Free
(SK)	SK Home delivery	2,90 €	Free
(SK)	🚀 Expresné doručenie	4,90 €	Free
(PL)	InPost	3,90 €	Free
(PL)	🚀 Dostawa ekspresowa	5,90 €	Free
(BE)	BE Dutch Post	9,90 €	Free
(BE)	🚀 Express delivery	11,90 €	Free
(HU)	HU Home delivery	3,90 €	Free
(HU)	🚀 Expressz kézbesítés	5,90 €	Free
(RO)	RO Home Delivery	3,90 €	Free
(RO)	🚀 Livrare expres	5,90 €	Free
(SE)	Post Nord SE	9,90 €	Free
(SE)	🚀 Expressleverans	11,90 €	Free
(FI)	Post Nord FI	14,90 €	Free
(FI)	🚀 Pikatoimitus	16,90 €	Free
(LU)	Luxembourg Post	9,98 €	Free
(LU)	🚀 Express Liwwerung	11,90 €	Free
(IE)	IE Fastway Couriers	9,90 €	Free
(IE)	🚀 Express delivery	11,90 €	Free
(BI)	Bosanska pošta	29,90 €	Free

Additional services	Price
Package insurance If your order arrives incomplete or damaged, we will refund or replace the products without further questions.	0,90 €
Payment on delivery For all cash on delivery purchases, regardless of the type of delivery you choose.	2,00 €

Prices are valid in the case of payment by the above payment methods, under the above conditions.

Despite our best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In this case, or in the event that the price of the item changes during the processing of the order, the Provider will allow the Purchaser to withdraw from the purchase, and the Provider will offer the Purchaser a mutually satisfactory solution.

The contract of sale between the provider and the buyer is concluded at the moment the order is confirmed by the provider (the buyer receives a status e-mail). From that moment on, all prices and other conditions are fixed and apply to both the provider and the buyer.

Approximate delivery time: 1-5 days (depending on the day of the order, the location (country) and other factors affecting the delivery time; e.g. holidays, etc.).

In case of personal collection, the Buyer agrees to collect the goods at the location Vodnikova cesta 227, Ljubljana (BAM offices) during office hours: weekdays from 8.00 to 15.00. The deadline for collection is 5 working days from the date of notification.

Purchase procedure before placing an order

1. Selection of products

Before placing an order, you must select the desired products in the online shop. To do this, click on the "Add to basket" button in the product view.

2. Confirm your basket or order summary

Once you have selected the products, you will be taken to the basket or checkout page (link to the page: https://mojacokolada.si/blagajna). Here you can review your selected products again and change the quantity, add new products or remove them from the basket accordingly. A special discount box called "Coupon" is also enabled on this page.*

*Promotions are mutually exclusive. 1 coupon per order can be used at a time. Coupons are not valid on gift vouchers.

3. Log in

In this step of the purchase process, you will need to log in and submit your personal details. The submission of personal data is for delivery purposes only and complies with the GDPR. You can purchase as a guest (quick purchase, no further data storage) or register and go through the registration process.

4. Address

When selecting an address, please specify your desired delivery address. The delivery address may be different from your personal address - in this case, we will send the selected products to the address you have chosen.

5. Delivery

When selecting delivery, you can choose the method of delivery (Post of Slovenia, personal collection of the order) by clicking on the desired delivery. In this step you can also choose any gift wrapping for your products.

6. Payment

The last step is for the final check and final confirmation of your order. By clicking on the button, you agree to the order placed and the terms and conditions and finally confirm your purchase.

*Actions are mutually exclusive.

Purchase process after order placement

1. Order in queue

After placing an order, the buyer will receive an email notification that the order has been accepted for PROCESSING. Information on the status and content of the order is always available to the Buyer on the Supplier''s website.

2. Order confirmed

The order goes to further processing when the provider reviews the order, checks the deliverability of the ordered items and confirms or rejects the order with a reason. The Provider may call the Customer at the contact telephone number provided by the Customer when placing the order to verify the information or to ensure the accuracy of the delivery. Upon confirmation of the order, the Supplier shall inform the Buyer by e-mail of the estimated delivery time. The contract for the purchase of the ordered items between the Buyer and the Provider is irrevocably concluded at this stage.

3. Goods dispatched

The goods shall be prepared, dispatched and notified to the Buyer by e-mail within the agreed time limit. In the aforementioned e-mail, the Supplier shall also inform the Buyer of the return policy, where to go in the event of a delay in delivery and where to go in the event of a complaint.

Right of withdrawal, return of goods

If the customer orders products from the My Chocolate online shop(www.mojacokolada.si), if he is not satisfied with the products ordered or wishes to withdraw from the contract (purchase) for any reason, he may, within 15 days of receipt of the product, notify the company (in writing or by email to e-naslov:info@bamchocolate.com) that he wishes to withdraw from the contract, without being required to give a reason for his decision. He must then, within 15 days of the communication, send the goods back to the company (to the address:Moja Čokolada d.o.o., Savska Loka 21, 4000 Kranj) in unchanged quantity and undamaged. We will return all payments made to the buyer within 14 days of the communication and receipt of the return of the undamaged and undamaged products, without the buyer having to request it. The refund will be made using the same payment method as was used for the original transaction.

The Buyer must notify the Company of the withdrawal on a form(form available here) or by an unequivocal statement clearly indicating that he/she is withdrawing from the contract. The withdrawal declaration must be sent within the time limit set for withdrawal. The communication is deemed to be timely if it is sent within the deadline.

The costs incurred in returning the goods shall be borne by the buyer. Returned products should be unused, undamaged and in their original packaging.

Material defect

The consumer may exercise his rights under the law on material defects if he notifies the seller of the defect within two months of the date on which the defect was discovered. The consumer must describe the defect in detail in the notification of the defect and give the seller the opportunity to inspect the item. The consumer may give notice of the defect to the seller in person, which must be acknowledged by the seller, or by sending it to the shop where the goods were bought or to the seller''s agent with whom the consumer has concluded a contract. The seller shall not be liable for material defects in the goods which become apparent after two years have elapsed since the goods were delivered.

A defect in the goods shall be deemed to have existed at the time of delivery if it appears within six months of delivery. The consumer''s rights under the first paragraph shall be extinguished on the expiry of two years from the date on which the consumer informed the seller of the material defect. A consumer who has duly informed the seller of a defect shall have the right to require the seller: to remedy the defect in the goods or to refund a proportion of the amount paid in proportion to the defect or to replace the defective goods with new, faultless goods or to refund the amount paid.

If the existence of a defect in the goods or an irregularity in the performance of the service is not disputed, the undertaking must comply with the consumer''s request referred to in Articles 37c and 38 of this Law as soon as possible, but at the latest within eight days. If the existence of a defect in the goods or an irregularity in the performance of the service is disputed, the undertaking must respond in writing to the consumer''s request no later than eight days after receipt of the request.

See also:

• http://pisrs.si/Pis.web/pregledPredpisa?id=PRAV11915
• http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO513.

* NOTE:In the case of personalised and/or tailor-made products (My Chocolate, My Bonboniera, etc.), the right of withdrawal does NOT apply.As also dictated by the Consumer Protection Act (Article 43):"... the consumer shall not have the right of withdrawal referred to in the first paragraph of this Article in the case of the following contracts: o Goods which are manufactured according to the consumer''s precise instructions and tailored to the consumer''s personal needs; o Goods which are perishable or which quickly expire;".

Safety

The Provider shall use appropriate technological and organisational means to protect the transmission and storage of personal data and payments. The Mojačokolada.si online shop uses the following cookies for the purpose of improving the user experience:

Encrypted user identification number

Allows us to track over multiple pages what you have in your basket, without this cookie you would be shaken out of your basket on each subsequent page.

PHPSESSID

Establishing a user session and cookie operation.

_ga

Google analytics statistics - anonymous logging of statistics.

popup_footer

Remember if you have closed the popup at the bottom with the sweepstakes so that it doesn''t bother you when you continue browsing.

popup_cookie

Remember if you have closed the popup with the cookie warning so that you are not disturbed when browsing again.

Protection of personal data

The Provider undertakes to protect all personal data of the User at all times. The Provider will use the personal data exclusively for the purpose of order fulfilment (sending information material, offers, invoices) and other necessary communication.

By submitting his/her e-mail address, the user gives his/her express consent to the processing of the personal data entered by Moja Čokolada d.o.o. in order to determine the user''s interest in Moja Čokolada d.o.o.''s solutions, services and products.

The personal data obtained through the www.mojacokolada.si website for the purpose of making an online purchase is used solely for the purpose of executing and delivering the order. Consent to the storage, processing and transmission of personal data By participating in prize draws or subscribing to newsletters via e-mail, the user authorises Mojačokolada d.o.o. to process and store the personal data provided, in accordance with the Personal Data Protection Act. By giving his/her consent, the user authorises Mojačokolada, d.o.o., as the controller of the personal data collection, to process the personal data collected for the purposes of sampling, surveys and statistical data processing, to determine the use of services, to tailor the offer and segmentation, for market research, to inform about offers, news and benefits, to send newsletters via e-mail, telephone or Facebook Messenger and other advertising material, to inform users about the services of the www.mojacokolada.si online centre and Mojačokolada d.o.o., and related parties, and for other uses of the data provided to which the user of the website specifically consents.

The information provided may be used by Mojačokolada d.o.o., process the data for its own purposes until the consent is withdrawn by requesting 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 was collected, i.e. 3 months for participants in prize draws, 10 years for prize draw winners and until the subscriber unsubscribes from the newsletter, or until the controller ceases its activity on the market. During the period of personal data management, the data subject has the possibility to consult and update the data in the database upon request.

Under no circumstances will the user''s data be passed on to unauthorised persons. The user is also responsible for the protection of his/her personal data by ensuring the security of his/her username and password.

Communication

The Provider will only contact the User by means of distance communication if the User does not expressly object to this.

The advertisement emails will contain the following components:

• they will be clearly and unambiguously identified as advertising messages;
• the sender will be clearly identifiable; various campaigns, promotions and other marketing techniques will be identified as such. The conditions for participation in them will also be clearly defined;
• the means of unsubscribing from receiving advertising messages will be clearly indicated;
• the user''s wish not to receive advertising messages will be explicitly respected by the provider.

User reviews/comments

User reviews or comments and product reviews written by customers are part of the functionality of the shop, which are intended for the user community. The Provider allows any registered user of the Shop to write a review and the Provider reviews them before final publication. The Provider will not publish reviews or contributions that are in any way offensive, obscene or, in the Provider''s opinion, do not offer any benefit to other users and visitors.

By submitting an opinion or comment, the user expressly agrees to the Terms of Use and authorises the Provider to publish part or all of the text in all electronic and other media. The Provider has the right to use the content for an unlimited period of time and for any purpose that is in the Provider''s commercial interest, including publication in advertisements or other marketing communications. The author of the opinion also declares and warrants that he/she is the owner of the material and moral copyright in the opinions and comments written and that he/she assigns these rights to the Provider on a non-exclusive and perpetual basis.

Imagery

The graphic content of the website (photographs and icons) are obtained from the providers: https://www.pexels.com/, https://pixabay.com/ and https://www.flaticon.com/ - or are copyrighted, whereby the owner of the rights is Moja Čokolada d.o.o., or optionally the author is indicated, who authorises us to publish the graphic material.

Disclaimer

The Provider shall use its best endeavours to ensure that the information published on its pages is up-to-date and correct. However, the characteristics of the items, the delivery date or the price may change so quickly that the provider is unable to correct the information on the website. In such a case, the provider will inform the buyer of the changes and give the buyer the opportunity to withdraw from the order or to exchange the item ordered.

Warnings

The sale of alcoholic beverages to minors is prohibited. The Buyer must be of legal age. Otherwise, the supplier shall immediately withdraw from the contract.

Minister of Health warns: Drinking too much alcohol is bad for your health!

Complaints and disputes

The supplier shall comply with the applicable consumer protection legislation. The Supplier shall make every effort to comply with its obligation to set up an effective complaints handling system and to designate a person whom the Customer can contact by telephone or e-mail in case of problems.

The Supplier willacknowledgereceipt of the complaint within fiveworking days, inform the Buyer how long it will take to deal with the complaint and keep the Buyer informed of the progress of the complaint.

The Provider acknowledges that an essential characteristic of consumer disputes, at least as far as judicial settlement is concerned, is their disproportion between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle to a consumer not bringing a dispute before the courts. Out-of-court settlement of consumer disputes is not practised by the provider. Therefore, the provider shall use its best endeavours to resolve any disputes amicably.

Enjoy your shopping!

Andraž Gavez, Director

Terms and conditions of participation in the Facebook and Instagram sweepstakes Moja Chokolada d.o.o.

1. General provisions

These rules determine the manner of participation in prize draws organised and conducted by Moja Chokolada d.o.o. Celovška cesta 176, 1000 Ljubljana, (hereinafter referred to as the "Organiser") on the social networks Facebook and Instagram. The Sweepstakes is in no way affiliated with, sponsored or endorsed by Meta Platforms, Inc. or Instagram LLC. By participating in the Sweepstakes, the entrant is deemed to fully accept and agree to these Rules and the General Terms and Conditions of Participation of the Sweepstakes.

2. Purpose of the prize draw

The purpose of the Sweepstakes is to promote Moja Chokolada d.o.o. and its products.

3. Participants

The following persons may participate in the prize draw:

• All natural persons of legal age with permanent residence in the Republic of Slovenia (they must be of legal age on the day the prize draw begins).
• Employees of the Organiser and legal entities involved in any way in the preparation of the prize draw are not eligible to participate in the prize draw.
• No legal entity may be a participant in the prize draw.
• Members of the prize draw committee are not allowed to participate in the prize draw. In the event that any of the above persons is drawn, the draw will be deemed void and the prize will be transferred to the reserve winner.

4. Method of participation

Participants in the Sweepstakes are individuals who enter the Sweepstakes on the Organiser''s Facebook or Instagram page in accordance with the instructions under the specific post. The method of participation in each prize draw is specified in the individual prize draw.Each individual may participate in the prize draw more than once, and will only be entered into the draw once per post.Winners will be notified of their receipt of the prize and will be notified in a comment under the prize draw no later than 24 hours after the prize draw has ended.To claim the prize, winners will provide their details (first name, last name, address and mobile number and tax number if the value of the prize exceeds EUR 42) in a private message.

5. Duration of the prize draw

The prize draw will take place in the territory of the Republic of Slovenia. The duration of the prize draw is defined in the announcement of each prize draw.

Prize fund

The prize pool consists of the prizes clearly specified in each prize draw. The prize cannot be exchanged, nor can its cash equivalent be claimed or transferred to a third party.

7. Selection of prize winners

All entrants to the prize draw are eligible to participate in the prize draw. The draw will take place at the end of the prize draw. It will take place at the location of the persons responsible for the management of the social networks Facebook and Instagram Moja chocolada d.o.o. It will be carried out by a jury using the e-drawing tools.The draw is closed when all the prizes provided for in each prize draw have been awarded. The selection is final and no appeals are possible. A winner may be awarded only once.At the end of each prize draw, the name of the winner(s) is published in the comments section of the prize draw announcement. Winners are encouraged to contact us by private message to discuss claiming their prize.All entrants expressly and irrevocably agree to the publication of their name in the comment section of the prize draw by entering the prize draw.

8. Claiming the prize

To claim the prize, entrants must comply with the terms and conditions of the prize draw and provide the Contractor with the information required for the prize to be sent (name, surname, street, post and town, mobile number and tax number if the value of the prize exceeds EUR 42) in a private message within three days of the end of the prize draw. Prizes will be sent to the winners'' home address by post no later than 10 days after receipt of the winner''s details, at the expense of the prize draw organiser. The Organiser is not liable for any lost or damaged parcels. The prize will be deemed to have been delivered to the winner when it is dispatched by the Organiser to the address provided by the winner. In the event that the prize cannot be delivered to the winner or is returned to the Organiser, the prize will be deemed to have been rejected by the winner and will remain undelivered.

The Organiser reserves the right not to award prizes if:

• the winner fails to comply with the conditions for claiming the prize,
• there is any doubt as to the identity of the data,
• it is established that the user has participated in the prize draw in breach of the rules and conditions of the prize draw,
• the winner fails to provide the additional information required by the prize organiser to award the prize in a private message on the Facebook page or Instagram profile within three days of the announcement of the results of the prize draw.

9. Liability

The Promoter provides equal opportunities to all entrants to the Prize Draw to win a prize. The Promoter reserves the right to withdraw or amend the Sweepstakes Rules at any time. The Organiser may, at its sole discretion, adjust the timing or terminate the Sweepstakes in advance, which will be immediately announced on the Kekca website and under the Sweepstakes announcement.The Organiser accepts no responsibility for:

• (non)functioning of the social networks Facebook and Instagram,
• all other activity on Facebook and Instagram,
• any consequences suffered by the entrant as a result of participating in the prize draw,
• undelivered prize shipments,
• any consequences arising from the use of the prizes.

10. Protection of personal data

All personal data shall be protected in accordance with the general data protection regulations of the prize draw organiser and in accordance with the Personal Data Protection Act (ZVOP-1). The prize draw participants expressly consent to the use by the prize draw organiser of the personal data provided by the participants in the context of their participation in the prize draw for the purposes of this prize draw. The data provided will be used solely for the purpose of sending or arranging the collection of the prize or for the purpose of calculating income tax for the winner for prizes exceeding EUR 42. The Organiser undertakes not to disclose personal data to third parties, except as necessary for the purposes of the prize draw. The controller of the personal data collection is the organiser of the prize draw - Moja Chokolada d.o.o.

11. Tax obligations

The Organiser will withhold income tax in accordance with the applicable legislation for prizes whose value exceeds EUR 42.00 incl. VAT. For this purpose, the prize winner is obliged to provide his/her tax number upon delivery of the prize and to fill in and sign a written declaration by which the prize winner agrees that the Organiser shall pay the income tax withholding tax on the prize received and that the amount of the prize shall be included in the tax base of the prize winner.

12. Access to the rules of the prize draw

The instructions for the prize draw are published on the Organiser''s website under the prize draw rules "Rules and Conditions of Participation in the Facebook and Instagram Prize Draws Moja Chokolada d.o.o.", accessible and available to all participants.

13. Other provisions

The Organiser shall not be liable for late, incomplete or incorrect answers to the prize question. The decision of the Sweepstakes Promoter on all issues relating to the Sweepstakes and the rules relating thereto shall be final and binding on all entrants. In the event of any dispute or ambiguity, these rules shall prevail over any other publication, whether in print, electronic or any other form. The authentic interpretation of these rules shall be determined solely by the Promoter. The Sweepstakes Organizer reserves the right to modify these Rules and the terms and conditions of participation in the Sweepstakes if required to do so for legal, technical or commercial reasons. Any changes to these rules and the terms and conditions of participation in the prize draw will be notified to entrants by posting on the Organiser''s website under the rules of the prize draw.

Any disputes arising out of the prize draw which cannot be resolved amicably shall be subject to the jurisdiction of the Ljubljana court.

Ljubljana, March 2022