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General Terms and Conditions
General Terms and Conditions
General Terms and Conditions
General Terms and Conditions>

General Terms and Conditions

The General Terms and Conditions of the online shop Bamchocolate.com (BAM chocolate) are drawn up in accordance with the Consumer Protection Act (ZVPot), on the basis of the recommendations of GZS and the international e-commerce codes.

The online shop BAM chocolate (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"). When registering in the BAM chocolate 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 concern the operations of BAM chocolate online shop, the rights of the user and the business relationship between the provider and the buyer.

Accessibility of information

(summary of legislation)

The provider undertakes to provide the following information to the purchaser at all times:

  • the identity of the company (name and registered office of the company, registration number);
  • contact details to enable the user to communicate quickly and efficiently (e-mail, telephone);
  • the essential characteristics of the goods or services (including after-sales service and guarantees);
  • the accessibility of the products (any product or service offered on the website should be accessible within a reasonable period of time);
  • the terms and conditions of delivery of the product or 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 duration of the offer; 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 costs the customer to return the product;
  • an explanation of the complaints procedure, including full details of the contact person or customer service.

Product offer

Due to the nature of doing business online, the BAM chocolate offer is updated and changed frequently and quickly.

Payment methods

The provider offers the following payment methods:

  • Cash on delivery (limited to Slovenia and Croatia);
  • Various other forms of electronic payment by payment cards.

The Provider shall issue an invoice to the Buyer in print and/or electronic media, with instructions and possible costs 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 profle).

Prices

Online prices are valid for all BAM chocolate members and visitors. You become a member by registering in the BAM chocolate 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 BAM chocolate 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 Provider to fulfil the order more efficiently and in accordance with the price/shipping cost as stated at the time of ordering.

Delivery price list (already incl. VAT):

Country: Slovenia 

  • Purchase from 0 € to 50 € ->3,90 €
  • Purchase from 50,01 € ->FREE delivery
  • Extra: +1 € (for all cash on delivery purchases)

Country: Austria

  • Purchase from 0 € to 50 € -> 6,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Germany

  • Purchase from 0 € to 50 € -> 5,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Italy

  • Purchase from 0 € to 50 € -> 5,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: France

  • Purchase from 0 € to 50 € -> 11,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Spain

  • Purchase from 0 € to 50 € -> 6,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Netherlands

  • Purchase from 0 € to 50 €-> 9,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Belgium

  • Purchase from 0 € to 50 € -> 10,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Denmark

  • Purchase from 0 € to 50 €-> 10,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Portugal

  • Purchase from 0 € to 50 €-> 6,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Greece

  • Purchase from 0 € to 50 € -> 9,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Bulgaria

  • Purchase from 0 € to 50 € -> 5,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Latvia

  • Purchase from 0 € to 50 € -> 8,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Lithuania

  • Purchase from 0 € to 50 € -> 6,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Estonia

  • Purchase from 0 € to 50 € -> 7,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Czech Republic

  • Purchase from 0 € to 50 € -> 3,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Slovakia

  • Purchase from 0 € to 50 € -> 3,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Poland

  • Purchase from 0 € to 50 € -> 3,90 €
  • Purchase from 50,01 € ->FREE delivery

Country: Croatia

  • Purchase from 0 HRK to 249,50 HRK -> 24,87 HRK
  • Purchase from 249,50 HRK -> FREE delivery
  • Extra: +1 € (for all cash on delivery purchases)

Additional services (optional)

  • Priority order: + 0,9 € (If the order is accepted for processing by 11am on a working day, the package will be dispatched from us the same day)
  • Package insurance: + 0,9 € (If the order arrives incomplete or damaged, we will refund or replace the products without any additional questions)

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

Despite our best efforts to provide the most up-to-date and accurate information, it is possible that a price may be incorrect. In this case, or in the event that the price of the item changes during the processing of the order, the 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.

Purchasing process

1. Product selection

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 of each product.

2. Order summary

Once you have selected the products, you will be taken to the cart and 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.

* Discounts and promotions cannot be combined. 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 entering an address, specify your desired delivery address. The delivery address may be different from your personal invoice address - in this case, we will send the selected products to the address you have chosen.

5. Delivery

When selecting delivery options, you can choose the method of delivery (at least one delivery service is available) by clicking on the desired delivery.

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.

Purchase process after order placement

1.Order processing

After placing an order, the Buyer receives an email confirmation 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 Provider'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 Buyer at the contact telephone number added by the buyer when placing the order to verify the information or to ensure the accuracy of the delivery. Upon confirmation of the order, the Provider 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. Order shipped

The goods shall be prepared and dispatched within the agreed time limit and the Buyer shall be notified by e-mail about shipped order . In the aforementioned e-mail, the Provider shall also inform the Buyer of the return policy, where the Buyer may contact in the event of a delay in delivery and where the Buyer may contact in the event of a complaint.

Right of withdrawal, return of goods

The customer who orders products from the online shop BAM CHOCOLATE (www.bamchocolate.com) may, if he is not satisfied with the products ordered or wishes to withdraw from the contract (purchase) for any reason, notify the Provider (in writing by post or via e-mail: info@bamchocolate.com) within 14 days of receiving the product, without being required to give a reason for his decision. The Buyer must then send the goods to the Provider's address (Moja Čokolada d.o.o., Savska Loka 21, 4000 Kranj, Slovenia) within 14 days of the notice, in unchanged quantity and undamaged. We will return all payments made to the buyer within 14 days of notice, without the buyer having to request it. The buyer must inform the company of the withdrawal from the contract with a form (you can find the form here) or by an unequivocal statement making it clear that he is withdrawing from the contract. The withdrawal declaration must be sent within the time limit set for withdrawal. The notice is considered to be on time if it is sent within the deadline. The costs incurred in returning the goods shall be paid by the buyer. Returned products should be unused, undamaged and in their original packaging.

Product defect

The consumer may claim his rights under a material defect 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 more detail in the notification and give the seller the opportunity to inspect the item. The consumer may give notice of the defect to the seller in person, with a receipt from 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 notified 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: rectify the defect in the goods or refund a proportion of the amount paid in proportion to the defect, or replace the defective goods with new, faultless goods, or refund the amount paid.If the existence of a defect in the goods or an irregularity in the service provided is not disputed, the undertaking shall, as soon as possible but at the latest within eight days, comply with the consumer's request referred to in Articles 37c and 38 of the present Law. 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.


More information:

* NOTE: In the case of personalised and/or custom-made products 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: goods which are manufactured according to the consumer's precise instructions and tailored to the consumer's personal needs;  goods which are perishable or which quickly reach the end of their shelf life;".

Security

The Provider uses appropriate technological and organisational means to protect the transmission and storage of personal data and payments. The online store Mojačokolada.si uses the following cookies in order to provide a better user experience:

1. Encrypted user identification number

Allows us to track over multiple pages what you have in your basket, without this cookie you would have products removed from your basket on each subsequent page.

2. PHPSESSID

Establishing a user session and cookie operation.

3. _ga

Google analytics statistics - anonymous logging of statistics.

4. popup_footer

Remembers if you have closed the popup at the bottom with the giveaway so that it does not disturb you when you continue browsing.

5. popup_cookie

Remembers 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 is committed to the permanent protection of all personal data of the Buyer. 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 buyer's interest in Moja Čokolada d.o.o.'s solutions, services and products.

Personal data collected through the website www.bamchocolate.com for the purpose of making an online purchase, are used solely for the purpose of the execution and delivery of the order.  Consent to the storage, processing and transmission of personal data By participating in prize giveaways or subscribing to the newsletter via e-mail, the Buyer 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 the services, to customise the offer and segmentation, for market research, to inform about the offer, news and benefits, to send newsletters by e-mail, to e-mail, telephone number or Facebook Messenger and other advertising material, to inform buyers about the services of the Online Centre www.bamchocolate.com and Mojačokolada d.o.o. and related parties and for other uses of the information provided, in which the buyer the website user specifically consents to.

That information can be processed by Mojačokolada d.o.o. 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 giveaways, 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 responsible for the protection of his/her personal data by ensuring the security of his/her username and password.

Communication

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

The advertisement emails will contain the following elements:

  • 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 stated;
  • the means of unsubscribing of receiving advertising messages will be clearly presented;
  • the user's wish not to receive advertising messages will be explicitly respected by the provider.

User reviews/comments

User reviews and product reviews written by customers are part of the shop's functionality, which is 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 a review 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 business 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.

Image materials

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, where the owner of the rights is Moja Čokolada d.o.o. or, optionally, the author is indicated, who gives us permission to publish the graphic material.

Disclaimer

The Provider shall use its best efforts 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 websites. 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 Provider shall immediately withdraw from the contract.The Minister of Health warns: Excessive drinking is bad for your health!

Complaints and disputes

The Provider shall comply with the applicable consumer protection legislation. The Provider 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 may contact by telephone or e-mail in the event of a problem.

The Provider will acknowledge receipt of the complaint within five working days, inform the Customer how long it will take to process the complaint and keep the Customer informed of the progress of the procedure.The Provider recognises that an essential feature of consumer disputes, at least as far as judicial resolution is concerned, is their disproportionate relationship 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, CEO