Terms and Conditions
The General Terms and Conditions have been drawn up in accordance with consumer protection regulations, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for online and electronic commerce. The online store boroplus.eu (hereinafter referred to as the “online store”) is operated by the company Frutanela d.o.o. (hereinafter referred to as the “merchant” or “manager”).
Provider and its address: Frutanela d.o.o., Tomšičeva cesta 18, 3320 Velenje, registration number: 8015422000, VAT ID: SI 61519073.
By purchasing, the consumer allows the merchant to store, process and use personal data provided when purchasing via the online form and until revoked for the following purposes: order fulfillment, information regarding possible complications or additional questions, and delivery. More in the privacy section. These General Terms and Conditions define the operation of the online store, the rights and obligations of the visitor, user and buyer, and the business relationship between the merchant and the user as the buyer of products from the online store’s offer.
Accessibility of information
The merchant undertakes to always make available to the user:
- data on the identity of the merchant (primarily the company and registered office of the company and the register number where the company is registered);
- contact details that enable the user to communicate quickly and efficiently with the merchant (email address, telephone number, etc.);
- information on the essential characteristics of the products or services offered by the online store, including after-sales services and warranties;
- information on the availability of products or services offered by the online store;
- method and conditions of delivery of products or performance of services, in particular the place and time of delivery;
- information on the method of payment;
- data on the validity of the offer from the online store;
- information on the period within which it is still possible to withdraw from the contract and the conditions for withdrawal;
- information on the possibility of returning products and on whether and how much such a return costs the user;
- information on the procedure for a user complaint and information on the merchant’s contact person for contacts with users.
When publishing products for sale, the administrator also offers photos that are symbolic in nature and do not guarantee the properties of the product. The operator reserves the right to change the content of its websites at any time for technological, legal or business reasons or to change individual parameters of the services or to terminate the services without prior notice.
On the website, some web links also lead to some other websites that are not managed by the company Frutanela d.o.o. and do not check their content. The company lists these links only as information for users and such links do not represent an official offer or approval of products, services or information and do not imply any connection between the company Frutanela d.o.o. and the managers of these linked websites.
The company Frutanela d.o.o. or other persons are in no way liable for loss or impaired availability of data or any other incidental, indirect, special or consequential damage arising from the use or inability to use the services, including and without limitation lost revenue or anticipated profits, loss of goodwill, loss of business, loss of data, technical errors or malfunctions or other damaging events.
Product offer, delivery time, delivery and costs and acceptance
When purchasing, the prices apply at the moment the user confirms that, based on the received notification about the stock and delivery time, he agrees with the price and offer. The buyer receives the aforementioned notification after issuing a confirmation of receipt of the order, which also includes an informative pro forma invoice for the selected goods. If the price changes during the processing of the order or the price changes because the product is out of stock, the buyer is immediately notified of this and is given the opportunity to immediately withdraw from the purchase. The prices of all products are displayed in EUR and already include VAT. The prices stated on the website are valid only when ordering online and paying by pro forma invoice or upon receipt. Information on the cost of any delivery and other possible charges is available to the buyer when placing the order.
Discounts are not cumulative. If the products on the website are already on sale or have already been discounted, additional procedures do not apply.
Delivery times are listed for each item in our offer catalogue. In the case of limited quantities (last pieces), the customer will be informed of any changes. In our offer, delivery times are set at 1-5 days: goods in our warehouses;
In any case, the buyer will be additionally informed by e-mail about the delivery time for each order or products that are not in stock. In the case of critical stock (last piece), the delivery will be made to the buyer who first ordered the product. Other buyers will be informed of the new delivery time.
The delivery time for products that are in stock for delivery addresses in Slovenia is as specified in the previous paragraph, unless Pošta Slovenije delivers to an individual delivery address later. Each product from the online store is available within a reasonable time. Delivery is made within the agreed time via Pošta Slovenije. Information on the cost of delivery is available to the buyer when placing an order.
We reserve the right to change the prices for sending products by post. Prices may be adjusted depending on the weight and dimensions of the products you order. For orders of lower value, smaller dimensions and weight, the buyer from Slovenia pays a flat shipping fee of €5.00 + VAT. When placing the purchase order, the buyer can specify personal pickup at the company’s headquarters and in this case does not pay postage costs, in which case he is obliged to inspect the product on site and object to any defects. At the buyer’s request, delivery can also be made through other providers of such services, whereby the buyer organizes the delivery, and the costs of such postage are not included in the invoice and are not shown in the price calculation.
For deliveries outside Slovenia, delivery is charged according to the tariff of the Slovenian Post, which is available at the following link. The seller is not responsible for any delays on the part of the delivery person. Upon delivery, the buyer, in addition to the invoice, receives a form for returning goods in the event of withdrawal from the contract, which also contains a notice of the right to withdraw from the contract and the methods and conditions for exercising this right or a notice when the buyer does not have this right; the address to which the buyer can send his objections, comments, claims, statements and compliments; the Service Department and the applicable warranty conditions and the Conditions for terminating the contract, in the case of contracts concluded for an indefinite period or for a period longer than one year.
The buyer is obliged to inspect the contents of the shipment upon receipt. In the event of physical damage to the shipment, if its contents are missing and the shipment shows signs of opening, the buyer is obliged to file a complaint with the delivery person for the entire shipment (package, protective packaging, products), who is obliged to resolve the complaint at his own expense if he is proven liable. Please take the damaged shipment in its original condition to the nearest post office and fill out a complaint form. Please inform our company about the damage to the shipment using the contact form or by phone.
Purchase Agreement
The Merchant issues a written invoice to the user who purchases a product from the online store, with itemized costs and an explanation of the right to withdraw from the purchase by returning the purchased product, if necessary and possible, and the invoice is sent to the buyer at the same time as the delivery of the goods. The purchase agreement between the Merchant and the user (buyer) is concluded at the moment the Merchant confirms the order.
User Responsibility
The User is obliged to use the electronic services in accordance with applicable regulations and these general terms and conditions. The User may use the services in his own name and for his own account and in the name and for the account of those business entities for which he has, in accordance with applicable regulations, an authorization or other legal basis for such a business connection or presentation or representation.
Minors are obliged to obtain the consent of their parents or guardians before purchasing a product.
The User expressly agrees to use the services or any digital content related to electronic business exclusively at his own risk. The content and functionality of the electronic services are provided to the User “as is” and without any other guarantees.
The User expressly undertakes not to act unlawfully or endanger the information security of the electronic services when using the electronic services (e.g. impersonation, transmission of illegal content, infringement of intellectual property rights, unauthorized collection of personal data or trade secrets, transmission of malicious software, unauthorized modification of content, disruption of communications in any direction or unnecessary burdening of the electronic services, attempted impersonation, etc.) or encourage third parties to act in such a way.
The User agrees that any sent and confirmed data or documents sent using the electronic services will be considered complete and accurate.
The User undertakes to protect his personal password with particular care and not to make it available for use or inspection by third parties and is fully liable for any damage caused either directly or indirectly because unauthorized third parties have used his access to the electronic services (especially when making a purchase). The user also undertakes to ensure the highest possible level of security measures and reduce the risks of unauthorized access or compromise of data or the operation of electronic services, taking into account the user instructions of hardware and software manufacturers, instructions and warnings of the company Frutanela d.o.o. and other professional rules, warnings, instructions and recommendations, and to immediately notify the administrators of the website www.boroplus.eu of any potential security incidents related to the use of electronic services.
The user may, at his own discretion and in accordance with the instructions, cancel the use of electronic services (cancellation of registration) and request the deletion of the username and other data stored for the purposes of accessing this data.
Pravica do odstopa od nakupa, vračilo izdelkov
Right to withdraw from the contract
The buyer (a natural person who acquires or uses goods and services for purposes outside his professional or gainful activity) has the right, in accordance with the Consumer Protection Act (ZVPot-1), to withdraw from the contract and return the purchased goods without any compensation within fourteen (14) days from the receipt of the goods.
Method of exercising the right
The buyer is obliged to notify the seller in writing of his withdrawal from the contract within the period specified in the above paragraph, without being obliged to state the reasons for his decision. The buyer shall address the notification to the seller’s registered office (Frutanela d.o.o., Tomšičeva cesta 18, 3320 Velenje) or to the contact email address: info@boroplus.eu. For this case, the buyer is also provided with a return form for goods along with the invoice – click to download the form. Returning the goods does not constitute an unambiguous statement by the consumer, from which it is clear that he is withdrawing from the contract. The buyer must return the goods received under the contract from which he has withdrawn to the provider at the same time as the notice of withdrawal or at the latest within thirty (30) days after the notice of withdrawal was sent. All of the above does not apply to food and perishable items.
When does the buyer not have the right to withdraw?
The buyer does not have the right to withdraw from the contract:
- In contracts whose subject matter is goods that were manufactured according to the consumer’s precise instructions, that were adapted to his personal needs, that are not suitable for return due to their nature, that are perishable (food products) or that have already expired;
- In contracts for the supply of audio or video recordings of medical devices, computer programs or other apparatus, if the consumer has opened the security seal or has physically interfered with the product;
- In financial services contracts that, at the consumer’s express request, both parties have already fully fulfilled before the consumer has exercised his right to withdraw from the contract.
The trader will not accept the returned shipment if there are any visible signs of use, in particular:
- In the case of sealed equipment, the seal (e.g. original label) is broken or damaged or the protective cover is open;
- Open contents in the case of perishable material (open or damaged packaging in the case of food items, and damage to the packaging of non-food products or their opening);
In the case of mechanical damage to the goods; - If the battery in the case of devices has already been used;
- If the buyer did not provide for appropriate storage or protection during the possession of the goods
- If the buyer did not properly and appropriately protect the returned goods for transport and this could cause further malfunctions in the operation of the equipment or goods.
Buyer’s obligations in case of withdrawal from the contract and costs associated with withdrawal:
- The buyer bears the risk of loss, damage or destruction of the product he wishes to return or exchange, unless this occurred through no fault of his.
- The only cost that the buyer bears in connection with the withdrawal from the contract is the cost incurred in returning the purchased item. The costs of returning the goods, if in distance contracts, due to its nature, it cannot be returned by mail, are borne by the buyer.
The seller’s obligations in the event of withdrawal from the contract
If, in the event of withdrawal from the contract, the goods have not been replaced at the buyer’s request, the trader shall refund the entire purchase price as soon as possible, otherwise no later than within fourteen (14) days of receiving the notification of withdrawal from the contract. The purchase price shall be returned to the buyer’s bank account, which the buyer shall notify at the same time as the notification of withdrawal.
Acquaintance with the company’s liability for the conformity of the goods
The trader is liable for any non-conformity of the goods that exists at the time of delivery of the goods and that becomes apparent within two years of delivery of the goods. The consumer may exercise his rights arising from non-conformity if he notifies the seller of the non-conformity within two months of the date on which the non-conformity was established.
For online purchases, the buyer, who is a consumer in accordance with the provisions of the ZVPot, may exercise a complaint under the mandatory guarantee of conformity of the goods within two years of the date on which the item was delivered, which is evidenced by the original invoice and the delivery receipt of the goods. The buyer may exercise his rights in the following way:
- if he notifies the seller of the defect within two months of the date on which the defect was discovered;
- the buyer must notify the seller at info@boroplus.eu and describe the defect in more detail and allow the provider to inspect the item;
- the buyer may notify the provider of the defect in person, of which the trader must issue him a receipt.
The buyer who has properly notified the provider of the defect has the right to request the provider to:
- repair the defect in the goods or
- return part of the amount paid in proportion to the defect or
- replace the defective goods with new, faultless goods or
- return the amount paid.
If the defect is not disputed, the provider shall comply with the buyer’s request as soon as possible, but no later than within eight days. The provider shall respond to the buyer’s request in writing no later than within eight days. The provider shall respond to the buyer’s request in writing no later than eight days after receipt of the request, if the defect is disputed. If the provider destroys or loses the product that was given to it for repair, maintenance or finishing, it is obliged to deliver to the buyer, at the buyer’s choice, a new identical product within eight days or immediately pay him compensation in the amount of the retail price of the new product. In the event of an approved complaint for the statutory guarantee of conformity of the goods, the buyer is also entitled to reimbursement of any delivery costs incurred when purchasing online. The buyer, who is not a consumer in accordance with the ZVPot, shall exercise his rights to warranty claims under applicable law.
Complaints
In case, that the ordered product does not have the features and characteristics that the merchant explicitly promised or the merchant shipped the wrong product (in the wrong quantity, in the wrong color, etc.) or they differ in some other way from the order, the buyer may complain about the goods by sending a written notice to the Merchant’s customer service. In the event of incorrect delivery of the product, the buyer must immediately notify the merchant, who will try to resolve the complaint as soon as possible.
The buyer must notify the merchant in writing about the complaint and send the product to its headquarters, describing the defect in detail and stating the complaint request. The complaint form can be found at this link, and the buyer must, in addition to the goods with all accompanying accessories, also enclose a copy of the invoice, warranty and service certificate and other possible accompanying documents.
The merchant will respond to the written notice within 8 working days of receiving the notice. If it determines that the claim is unjustified, it will notify the buyer and return the item to him at his expense.
As part of the complaint, the buyer may request repair of the item, a reduction in the purchase price (in proportion to the defect), replacement of the goods or a refund of the purchase price (in this case, the purchase price may be reduced for the time the item was used, but not more than the amount by which the market value of the item decreased due to use).
Warranty
According to the law, the manufacturer of the goods is obliged to provide the buyer with a guarantee for the flawless functioning of the item, if it is a product for which a warranty must be issued. The buyer makes a warranty claim directly with the manufacturer or an authorized service center. Products have a warranty if stated so on the invoice or on the warranty card. The warranty is valid subject to the instructions and conditions stated on the warranty card and upon presentation of the invoice. The warranty period is stated on the warranty card or on the invoice. Information about the warranty is also stated when the product is presented in the online store. In this case, the buyer will also receive instructions for assembly or use and a list of authorized service centers. Warranty periods are stated on the warranty card or on the invoice. Products published on the website www.boroplus.eu have a warranty if it is written next to the item being published, otherwise please contact our subscription service, where you will receive specific information about the existence of a warranty for an individual product.
The user (buyer) can claim the warranty from the dealer or directly from the manufacturer of the product or its authorized service. The buyer can claim the warranty with the warranty certificate and invoice. The manufacturer must ensure that the defect is eliminated on the basis of the warranty no later than 45 days from the receipt of the request for the defect to be eliminated, otherwise the product must be replaced with an identical new and flawless product. The manufacturer is obliged to provide free repair and maintenance of the product throughout the warranty period, and after this period only against payment.
The buyer does not incur any costs for the elimination of defects or replacement of the product. For faster and more efficient processing of the warranty, the buyer can send the product directly to the nearest authorized service, otherwise he can also send a written request with a detailed description of the defect and the goods to the head office of the Dealer, who will respond to the buyer’s warranty claim within 8 working days. If the retailer determines that the defect in the product was caused by the buyer’s improper conduct, which results in the warranty claim being unjustified, the product will be returned to the buyer with written notice at their expense.
Damage and liability
Subject to the limitations on the exemption from liability, the trader is not liable for defects resulting from improper use, negligent or intentional conduct of the buyer (or third parties from the buyer’s sphere), mechanical damage and defects in the event of force majeure or natural disasters, as well as for damage caused during transport by the delivery person.
From the moment the shipment of the ordered products is sent to the post office, the trader is not liable for cases of physical damage, destruction or loss of the shipment, as well as if there is a shortage of content in the shipment or if the shipment shows signs of opening. In the above cases, the user (buyer) must initiate a complaint procedure with the delivery person.
The trader does his best to ensure that the information published in the online store is up-to-date and correct, but product features, delivery time or price may change so quickly that it is not possible to correct the information in the online store in time. In this case, he will inform the buyer of the changes and allow him to withdraw from the order or change the order.
Processing of personal data of minors and persons with limited or incapacitated legal capacity
The General Terms and Conditions prohibit visiting the website, interacting with the website and making purchases by persons under the age of 15.
Consequently, the Company does not accept orders from persons under the age of 15 or persons with limited or incapacitated legal capacity. All such persons must immediately leave the online store before navigating the online store, confirming the installation of cookies, making a purchase or other interaction.
The Company does not knowingly offer products from the website to minors or persons with limited or incapacitated legal capacity, and does not knowingly process any personal data related to them, and does not offer free access to products that could be harmful to children.
If the company subsequently determines that it is processing the personal data of a minor or a person with limited or revoked legal capacity without the consent of a parent or guardian, it will do everything necessary to ensure that all personal data of such persons is deleted.
If the parents or guardians of a minor or a person with limited or revoked legal capacity find out that their child or ward is using the website, or that in addition to their email address, they have voluntarily provided the company with other personal data, they may notify the company and request the deletion of such personal data at info@boroplus.eu.
Child Protection
The online store merchant does not accept orders from someone he knows or suspects to be a child without the permission of his parents or guardians. The online store merchant does not offer free access to products or services that are harmful to children.
The online store merchant will not accept any personal data concerning children without the permission of parents or guardians, nor will he release data received from children to third parties other than parents or guardians, and will also delete such personal data upon their request.
Any communication intended for children will be appropriate for their age and will not exploit children’s trustworthiness, lack of experience or sense of loyalty.
User Reviews
Opinions, comments and product ratings provided by users or visitors are part of the functionality of the online store and may (but not necessarily) be intended for the user community.
The merchant is not responsible for the content of opinions, comments and product ratings provided by users or visitors. The merchant reviews opinions, comments and ratings before publication and rejects those that contain obvious untruths, are misleading, offensive, obscene or, in the opinion of the merchant, do not provide benefits to other users or visitors of the online store. The merchant is not responsible for the information in the opinions, comments and ratings and disclaims any liability arising from this information.
By submitting an opinion, comment or rating, the user or visitor expressly agrees to the terms of use and allows the merchant to publish part or all of the text in all electronic and other media. The merchant has the right to use the content of the opinion, comment or rating indefinitely and for any purpose that is in its business interest, including publication in advertisements or other marketing communications. The author of the opinion, comment or rating simultaneously declares and guarantees that he is the owner of the material and moral copyrights for the written opinions, comments or ratings and that he transfers these rights to the merchant free of charge, non-exclusively and indefinitely.
Request an invoice
A company must issue an invoice for the supply of goods or services and hand it over to the customer. The customer must take the invoice and keep it immediately after leaving the business premises.
Out-of-court resolution of consumer disputes
Frutanela d.o.o., in accordance with the provisions of paragraph 3 of Article 32 of the Out-of-court Resolution of Consumer Disputes Act (Official Gazette of the Republic of Slovenia, No. 81/2015; ZiSRPS), informs its customers that it does not recognize any out-of-court resolution of consumer disputes (IRPS) provider for the resolution of consumer disputes. The trader publishes an electronic link to the platform for online consumer dispute resolution (SRPS), which is available to consumers at the electronic link http://ec.europa.eu/odr.
Changes to Terms
The Operator reserves the right to change or update these Terms of Use without prior notice. Any changes will be posted on this website. Continued use of the online store after the terms have been changed constitutes acceptance of these changed terms.