Terms of Service
POTCG, retail stores, LTD
(POTCG, trgovine na drobno, d.o.o.)
Ljubljanska cesta 38B
1293 Šmarje – Sap
Note: Our store is exclusively online and does not have a physical location. All of our products are available for purchase through our website.
Registration number: 8842442000
Tax number: SI75753057
VAT payer: YES
Phone number: 00386 1 810 90 99 (within opening hours)
Email address: [email protected]
The company POTCG d.o.o. is engaged in the online and pysical sale of playing cards and other accessories for the brands Pokémon, Magic the Gathering, Yu-Gi-Oh, Digimon, board game as well books, manga, comics, plushes and other products.
- Terms of Service
- General Terms and Conditions (hereafter General Terms and Conditions) of the company POTCG d.o.o. (hereafter The Company) are an integral part of all contracts between the Company and the buyers of the products (hereinafter also: clients), who do business with The Company.
- Provisions of the General Terms and Conditions also apply to all offers, pro forma invoices, preliminary contracts, legal and business statements and other services arising from operations between the Company and the client.
- These General Terms and Conditions are compiled in accordance with the Consumer Protection Act (ZVPot), the General Regulation on Personal Data Protection (GDPR), the current Personal Data Protection Act and the Electronic Communications Act (ZEKom-1) of the Republic of Slovenia.
- The General Terms and Conditions in question, determine the operation of the Company’s online store, the rights and obligations of the user and the store, and regulate the relationship between the Company and the customer.
- Use of terms:
- Client is a natural or legal person who is in a legal-business relationship with the Company, regardless of its legal or status form.
- Consumer is any customer who is a natural person and acquires or uses the goods or services of the Company for personal purposes or for purposes outside his professional or gainful activity.
- Offer is a single term for an offer in various forms, a pro forma invoice or another form of proposal for the conclusion of a contract, which the Company offers to a client.
- Contract is an agreement in writing concluded between the Company and the client. An offer or pro forma invoice sent by the Company to the client and accepted or confirmed by the client is also considered a conclusion of the contract. These general terms and conditions are an integral part of each contract.
- Subject of the contract is goods from the sales catalog of the Company.
- The transmission theory applies to informing the customer about the delivery, conclusion, withdrawal or amendment of the contract and all other information. This means that the date of notification of the customer is the date when the Company sends the notification via the communication medium.
- All notices to customers relating to the delivery of the subject of the contract, the conclusion or withdrawal from the contract and other information are given by the Company by e-mail to the address provided by the customer. The company also informs via regular mail, telephone or in any other way agreed with the client.
- The company undertakes to provide the following information on its website at all times:
- information on the identity of the company (company name, registered office, registration and tax number),
- contact details (e-mail address, telephone number),
- information on the basic characteristics of products and services,
- information on product availability,
- delivery conditions (method, location and date of delivery),
- unambiguously stated prices, including information on additional tax and transport costs,
- payment and delivery methods,
- the period of validity of the offer,
- conditions and deadlines for withdrawal from the contract,
- acquaintance with liability for factual errors and
- information on the appeal procedure.
- The company undertakes not to set any contractual terms that would be unfair to the consumer, in accordance with the provisions of ZVPot. Unfair contract terms are void.
- The working hours of the Company are: Monday to Friday from 9 am to 5 pm. We are available on Saturdays, Sundays and public holidays via the e-mail address provided.
- Application of the general terms and conditions
- The General Terms and Conditions in question are a priority, ie they completely replace the missing, different and contradictory contractual provisions between the Company and the client.
- These General Terms and Conditions supersede any General General Terms and Conditions and other customer documents, unless the Company expressly excludes the use of these General Terms and Conditions in writing.
- These General Terms and Conditions form an integral part of the contracts concluded between the customer and the Company. By signing the contract or otherwise entering into the contractual relationship, the customer fully agrees with the content of these general terms and conditions. The customer hereby expressly acknowledges that only the general terms and conditions of the Company apply to all mutual legal relations. If the client wishes to cooperate in business with the Company and to enter into a contractual relationship with it, he is obliged to accept the general terms and conditions in question in full and in the form in which they are. The customer waives the possibility to influence the content, form and individual contractual provisions of the general terms and conditions.
- The general conditions in question apply in addition to the general legal regulations as an individual special act.
- These general terms and conditions are available online at: https://www.tcgpark.com/splosni-pogoji-poslovanja. Acquaintance with the general terms and conditions of business is also possible at the business address of the Company.
- By signing a contract or other legal act, the client is considered to be fully acquainted with the content of the general terms and conditions in question. The signing of a contract is also considered the placing of a valid order in the Company’s online store.
- The general conditions in question are binding on the consumer only if he has been explicitly reminded of their existence before the conclusion of the contract, pro forma invoice, preliminary contract or offer. The consumer must know all the possibilities to get acquainted with the general conditions in full, in an understandable and accessible way.
- Changes to the General Terms and Conditions
- The Company undertakes that any change to the General Terms and Conditions will be published on the website https://www.tcgpark.com with the effective date of the change.
- The General Terms and Conditions are binding in the form and with regard to the content that was available to the parties on the day of concluding the contract.
- In the event of a change in the General Terms and Conditions, the changes become binding on the customer from the day he becomes acquainted with them.
- The customer is deemed to have been aware of the changes at the time the change is posted on the website https://www.tcgpark.com and to have received notification of the change. By doing so, the customer is deemed to agree to the change of the General Terms and Conditions.
- If the customer declares that he does not agree with the changed terms and conditions, the Company has the right to withdraw from the contract.
- In the event that an individual provision in the contract or General Terms and Conditions would be invalid or unenforceable or if a legal gap would arise, this shall not affect other provisions in the contract or General Terms and Conditions, with the parties agreeing to replace the provisions closest to the purpose or objective of the contract shall apply.
- Conflict of legal provisions
- In the event that the General Terms and Conditions in question contradict other General Terms and Conditions of the Company, the provision that is more specific in the specific case shall apply.
- The Company and the customer may exclude the application of individual provisions of the General Terms and Conditions in question, if these provisions are inconsistent with the provisions of the contract or with the general purpose of the contract.
- If the general conditions in question are in conflict with consumer protection regulations, the relevant consumer legislation shall apply in this part.
- General provisions
- The client is obliged to inform the Company about all data and facts that are important for the establishment and continuation of the legal business relationship, especially important data on the change of residence or registered office of the client, change of ownership structure of the client, change of legal organizational form of the client and the insolvency of the client, regardless of whether the legal conditions for the introduction of bankruptcy or compulsory settlement and other data, events and conditions that may affect the legal business relationship between the Company and the client.
- The company strives to ensure the up-to-dateness of information and data within the online store. In advertising messages and product descriptions in the Company’s online store, there may be minor discrepancies regarding the actual characteristics of the product, which are not binding on the Company. The company is bound by all statements regarding the characteristics of the goods, which are included in a specific offer or contract.
- The company reserves the right to change the specifications or information from the previous point, without prior notice to the customer, and the specifications and information are binding only if specified in the contract.
- When dealing with consumers, the company is bound by statements in advertising messages about prices, characteristics of goods and warranty conditions. Prices in advertising messages are marked in euros and include VAT.
- Prices displayed on the Company’s website are subject to change without notice.
- When dealing with consumers, the prices listed in the Company’s price list include VAT.
- The company will provide the customer with the final price, which will include VAT, before concluding the contract or before the offer becomes binding on the customer.
- If the final price cannot be calculated in advance due to the nature of the goods or services, the Company will inform the customer about the method of calculating the final price.
- In the case of concluding a contract for an indefinite period, the final price that the Company will give to the customer will include the total costs for each accounting period.
- Prices are binding from the moment the Company sends the customer an e-mail regarding order confirmation. In the event that the price information is incorrect or the prices change during the processing of the order, the customer has the right to withdraw from the contract. The prices stated at the time of placing the product in the shopping cart are valid.
- After the successful submission of the order and its confirmation, the contract between the Company and the client is stored electronically in the database and is stored on the leased server of the Company. The contract is available to the client upon written request.
- In the case of product delivery, standard packaging is included in the price of the product, and additional transport packaging and transport costs are charged by the Company at the price specified in the Company’s price list or at a price agreed between the Company and the customer.
- Payment methods
- The company allows payment for products and services in the following ways:
- payment according to the UPN form to the Company’s bank account,
- payment with payment (bank or credit) cards (MasterCard, Visa, American Express).
- The security of personal data and payments is in the domain of payment service providers (Stripe). For everything else, the Company uses appropriate technical and organizational means to ensure the security and confidentiality of personal data and payment information.
- The company allows payment for products and services in the following ways:
- The Company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the e-mail address provided by the customer when placing the order on the Company’s website. At the customer’s request, recorded under the notes when placing the order, the Company attaches a printed copy of the invoice to the ordered products.
- It is the customer’s duty to review all order data and specifications before executing the order. Subsequent objections to the irregularity of the invoices issued are irrelevant.
- All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the Company even after the conclusion of the contract, unless the Company has issued a written permission to use this material. In the event that the Company issues consent to the use of this documentation, the customer undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation without the written consent of the Company are prohibited. The client agrees and is explicitly informed that the mentioned documentation represents a business secret of the Company.
- Unless otherwise agreed in the contract between the Company and the client, the Company reserves the ownership, copyright and related rights to all documents required or provided in connection with the conclusion and / or execution of the contract.
- Business secret
- The contracts concluded between the Company and the client are a business secret. All information provided by the Company to the customer before the conclusion of the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc,.. are also a business secret. The customer undertakes to maintain business secrets of the Company throughout the contract.
- Information, the disclosure of which could significantly harm the Company, must be kept as a business secret by the client for 5 years after the expiration of the contractual relationship. In the event of a breach of professional secrecy, the client is liable for damages and criminal liability. Exceptions to these provisions may be agreed in the contract by the contracting parties.
- Limitation of liability
- The company strives to ensure the accuracy of the information published in the online store. Product features, delivery time or price may change so quickly that the Company fails to correct the information in the online store. In this case, the Company will notify the customer of the changes and allow him to withdraw from the order or replace the ordered goods.
- Photographs do not guarantee the properties of the goods. The company strives to provide accurate photographs of the products sold, but all photographs must be taken as symbolic.
- The company reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the Company reserves the right to cancel all orders executed during the period of technical problems. In such cases, the Company will immediately notify the customer of technical problems and provide instructions on further procedures. Before visiting the Company’s website, the customer must, at his own risk, ensure the security of his technical means of accessing the website and the security of usernames and passwords on the website.
- The company reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer available, if an increased payment risk of the customer is established or if there is an obvious error in the price list. In all such and similar cases, the customer will be notified immediately of any withdrawal from the contract by the Company.
- The company reserves the right to withdraw from the contract if a material error is found in accordance with Article 46 of the Obligations code (Republic of Slovenia). A material error is considered to be an error in the essential properties of the goods and all errors which, according to the customs in the store or according to the intention of the customers, are considered essential, and the Company would not enter into a contract in case of knowledge. This also includes obvious price errors.
- Complaints handling and dispute resolution
- The exclusive law of the Republic of Slovenia shall apply to the interpretation of these terms and conditions of sale or contracts concluded between the Company and the customer. The contracting parties undertake to resolve all disputes amicably, and in the event of exhaustion of all out-of-court channels to reach an agreement, the local competent court in the Republic of Slovenia is competent to resolve the dispute according to the Company’s registered office.
- In accordance with the legal regulations, the Company does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act.
- The provider, which as a provider of goods and services enables online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS). The platform is available to consumers at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
That regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 / EC.
- The company complies with applicable consumer protection legislation. The company provides an efficient and confidential complaint handling system. Complaints should be sent to [email protected].
- The company will acknowledge receipt to the customer within 5 working days of receiving the complaint and inform the customer about the course and duration of the complaint procedure.
- Withdrawal of the Company from the contract
- In the event of a breach of the terms of the contract or these general terms and conditions by the client, the Company has the right to withdraw from the contract without further notice to the client. In such a case, the Company returns any amounts paid by the customer back to the customer’s transaction account.
- The Company also has the right to withdraw from the contract if the non-consumer party becomes insolvent or insolvent or if it has blocked funds in the business account for more than 15 days, if a compulsory settlement or bankruptcy procedure is initiated or merely proposed.
- The Company has the right to withdraw from the contract if the customer fails to fulfill its obligations, if the customer provides the Company with untrue information that makes it difficult or impossible to fulfill the contract and if it fails to pay its obligations under the contract and these general terms and conditions.
ONLINE SALE OF PRODUCTS
- User registration
- Registered customers and customers without registration have the option to purchase products online. Customers are able to create their own user account with a password at the same time as placing an order. The username is the same as the e-mail address provided by the user during the ordering process.
- Procurement procedure
- On the website, the user can click to select the option “Add to cart”. The system then issues a notification of the successful addition of the product to the basket of the desired goods. Once the system records the added product in the cart, the user can continue with the payment process by clicking on the appropriate “Checkout” button or by continuing to visit the store by clicking on “X close”.
- If the user wants to remove a certain product or service from the shopping cart, he can do so by clicking on the “x” icon next to the selected product.
- After confirming the shopping cart with the selected products, the system redirects the user to the form with the customer’s data. To execute the order, the user must fill in all the fields correctly. The system allows the user to save the data from the form in the user’s profile for future orders.
- The user can choose between the payment methods mentioned in the above General Terms and Conditions.
- The user can state that he wants to take over the subject of the order at the business address of the Company, or he/she can choose delivery via currier.
- Before placing an order, the user can check and, if necessary, correct all the entered data related to the order, which the system displays after the successful confirmation of all previous stages of the procedure. The user confirms the order by clicking on the “Buy Now” button, thereby committing to fulfill the contract and confirming that he is obliged to pay. In case the order is successfully placed, the system displays the order number.
- The sales contract (order) is stored in electronic form on the leased server of the Company, and the customer can obtain a copy with a request by e-mail to: [email protected].
- After the successful submission of the order, the user receives a confirmation of receipt and confirmation of the order to his e-mail address.
- The registered user can access the data on the content of the contract and the status of the order in his user profile at any time.
- For the purpose of verifying the stated user data and the accuracy of the order, the Company may contact the user at his telephone number.
- Delivery terms
- For orders, the cost of transport packaging and delivery for Slovenia is 6.10 EUR, for Croatia 8.75 EUR and for all other countries is 18.00 EUR + country consumer TAX. In the case of taking over the subject of the order at the company’s headquarters or in the case of ordering the product in electronic form, there are no costs of transport packaging and delivery.
- Delivery is possible in to all European countries.
- Free shipping for Slovenia and Croatia is above 100.00 EUR, for all other European countries is above 250.00 EUR.
- The ordered goods, for which the order was placed on a working day by 11 am, will be dispatched on the same day, if the payment methods payment card was used. In the case of the payment method of payment according to the proforma invoice or bank transfer, the goods will be sent upon receipt of funds to the Company’s bank account. Ordered goods for which the order was placed on a day off or holiday will be shipped on the first following working day. Products for which a longer delivery time is explicitly stated on the website will be delivered within the mentioned delivery time.
- In the event that the Company is unable to ship the goods within the promised time due to unforeseen reasons, it shall notify the customer of the new delivery time via the provided contact information.
- In no case is the company liable for non-delivery of goods for reasons beyond its control. The company will make every effort to ensure that the goods are delivered as quickly as possible and that the customer is informed promptly and regularly of any delays in delivery by the supplier.
- In the event that the customer does not receive the ordered goods within the agreed period, he must call on the Company to fulfill its obligations and set an additional deadline for fulfillment of obligations. If the Company fails to deliver or fulfills its obligations within the additional deadline, the customer may withdraw from the concluded contract and request a refund of the amounts already paid for the purchase of goods.
- The Company shall not be liable for delay or non-delivery of goods in the event of wars, riots, demonstrations, government interventions, fires, floods and other natural disasters, import or export embargoes or any other similar or force majeure reasons beyond the Company’s control.
- For all the above reasons for delay, the delivery time shall be suspended for the duration of the impact of the aforementioned conditions referred to in the previous article, and after the effects of such conditions have ceased, the time limits shall continue.
- Receipt of goods
- The subject of the contract must be completed in the place agreed in the contract or offer. If the place of performance is not specified in the contract or offer, the Company and the client may subsequently agree on this.
- The customer is obliged to take over the subject of the contract no later than 14 days after receiving the written request of the Company, in accordance with the previous points regarding the place of delivery / fulfillment.
- In the case of delivery of goods through partner delivery services, the customer is obliged to take over the goods in accordance with the terms of business of the delivery service.
- Consumer rights and obligations – the right of the consumer to withdraw from the contract
- Pursuant to the Consumer Protection Act, the consumer has the right to notify the Company within 14 days of receiving the goods that he is withdrawing from the contract, without having to state the reason for his decision. The period shall begin to count one day after the date of receipt of the goods.
- Withdrawal from the contract is notified by the consumer to the seller’s e-mail address [email protected] or in another way provided by other contact information of the Company or using the form in the annex to these general terms and conditions. The will to withdraw from the contract must be stated clearly and unambiguously by the consumer. If the consumer decides to use the completion of the withdrawal form, the Company shall immediately send the consumer an e-mail acknowledgment of receipt of such withdrawal form on a durable medium.
- In the event of withdrawal from the contract, the consumer either returns the received goods or sends them to the address of the Company Ljubljanska cesta 38B, 1293 Šmarje – Sap. The buyer must return the goods to the company no later than 14 days after notifying the Company of the withdrawal from the order.
- The consumer is liable only for the reduction in the value of the goods if the reduction in value is the result of conduct which is not necessarily necessary to establish the nature, characteristics and functioning of the goods.
- If the consumer withdraws from the contract, the company shall return the payments received without undue delay by the same means of payment as used in the original transaction, unless the consumer has explicitly requested the use of another means of payment and the Company is not charged any additional costs.
- The consumer shall state his personal data (personal name and contact details) together with the statement of withdrawal. The Company refunds the purchase price and all other payments no later than 14 days after receiving the notice of withdrawal, but the Company may withhold the refund until the returned goods are received or until the consumer provides proof that he actually sent the goods.
- The only cost that the consumer bears in connection with the termination of the contract is the cost of returning the goods and the cost of the transaction carried out, which is 3% of the total order amount.
- The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43.č of the Consumer Protection Act, for contracts:
- on goods manufactured to the consumer’s exact instructions and adapted to his personal needs;
- on goods which are perishable or expire quickly;
- In the event that a coupon has been used to pay for the order (or for part of the value of the order), in the event of withdrawal from the contract, the coupon will be returned to the consumer in the same amount as the coupon had when placing the order.
- In the event that a promotional discount code was used when placing the order, the consumer will be refunded the discount in the form of a new promotional code in the event of withdrawal from the contract.
- Liability for factual and legal errors
- The company is liable for material defects incurred by the goods when the risk of accidental destruction or damage has passed to the customer. This moment usually arises with take over of the goods.
- The error is factual:
- if the subject does not have the properties necessary for its normal use or for marketing;
- if the subject does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;
- if the subject does not have the properties and qualities that were explicitly or tacitly agreed or prescribed;
- if the seller has delivered a subject that does not match the pattern or model, unless the pattern or model was shown for notice only.
- The client is obliged to immediately or. as soon as possible, inspect the subject of the contract, identify any errors and record them. Otherwise, the Company does not take into account material errors that are not hidden and were known or should have been known when reviewing the subject of the contract.
- The customer is obliged to inform the Company about obvious material errors immediately or no later than eight days after the due inspection, and about hidden material errors immediately or no later than eight days after the discovery, otherwise it is not entitled to rectify the material error.
- The consumer is obliged to inform the Company about the material error within two months from the day when the material error was discovered.
- The Company is liable for material errors that appear within six months of delivery of the goods, and in the case of consumer contracts within two years from the date of delivery of goods or within one year of delivery of used goods. The Company warrants that the subject of the contract has no third party ownership or copyright or industrial property rights that would exclude, reduce or limit the rights of the customer, or warrants that these rights are regulated by its contractual partners.
- After notifying the Company of a material defect, the Consumer must enable the Company to inspect the goods and describe the defect in more detail in the notification of a material defect.
- Minor factual errors are not taken into account by the Company.
- If the Company establishes the existence of a material defect in accordance with the timely and correct notification of the consumer, the consumer has the right to request from the Company in relation to the goods:
- correction of the error or
- refund of part of the amount paid in proportion to the error or
- replacement of defective goods with new faultless goods or
- refund of the amount paid.
- In any case, the consumer also has the right to demand compensation from the seller, and in particular compensation for the costs of materials, spare parts, labor, transfer and transport of products incurred in fulfilling the obligations referred to in the previous paragraph.