1. WWW.FRUTILU.COM TERMS OF USE

By using the website www.frutilu.com (hereinafter the “Website”), as a user you accept the terms and conditions stated in this legal notice. If you do not agree to these terms, you must not use this website. The domain www.frutilu.com is owned by the company FRUTILU d.o.o., with headquarters at Žlebe 78, 1215 Medvode, Slovenia, EU, tax number: SI34071482, registration number: 9598979000,  (hereinafter referred to as “FRUTILU”).

The content of this website is the intellectual property of FRUTILU and remains its property. The user of the website acknowledges this ownership and understands that by using the website he does not acquire any rights to this intellectual property or trademark ownership. The user agrees not to change, modify or exploit the intellectual property, nor to participate in activities that would change or exploit this intellectual property. All intellectual property rights are reserved, any use without express written permission is strictly prohibited.

Use of this website for illegal or objectionable purposes is strictly prohibited. The User agrees not to use the Website for activities that may be illegal or harmful to others. This includes but is not limited to:

• transmit illegal, threatening, harassing, obscene, sexually explicit, pornographic, hateful, defamatory or defamatory information;
• preventing the transmission of spam or unsolicited mail;
• promotion or use of viruses;
• violation of any law, regulation or statute;
• engaging in any act that interferes with property rights protected by law.

FRUTILU reserves the right to monitor transmissions and investigate any prohibited use of this website and to disclose any information related to such improper use. Any violation of this or any other part of this document may lead to termination of service and/or other measures that FRUTILU deems appropriate under the circumstances.

2. GENERAL CONDITIONS

The general terms and conditions of the online store Frutilu.com comply with Slovenian legislation, including the Consumer Protection Act (ZVPot-1), the Electronic Market Act (ZEPT), the Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS), the Personal Protection Act of data (ZVOP-2) and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals in the processing of personal data and on the free flow of such data (GDPR). For more information about laws, you can see the following links:

Consumer Protection Act (ZVPot-1): link

Act on electronic business in the market (ZEPT): link

Act on out-of-court resolution of consumer disputes (ZIsRPS): link

Personal Data Protection Act (ZVOP-2): link

Regulation (EU) 2016/679 (GDPR): link

3. ONLINE STORE MANAGER

Frutilu.com is an online store managed by FRUTILU d.o.o., hereinafter referred to as “FRUTILU”.

Company name: FRUTILU d.o.o.
Long name of the company: FRUTILU Trgovina in posredništvo d.o.o.
Address: ŽLEBE 78
Post code. and post office: 1215 MEDVODE
Country Slovenia
Tax number: SI34071482
Taxpayer: YES
Social security number: 9598979000
Date of company registration: 29/02/2024 (Okrožno sodišče Ljubljana, Registry of entity registration: 2024/7488)
Transaction account: SI56 0400 0028 1021 260 (Nova KBM d.d.)
Bank SWIFT: KBMASI2X

The website is in Slovenian, English and Italian. The store does business with natural and legal persons in the European Union and the rest of the world.

4. PRICES

Prices are stated in euros (€) and include value added tax (VAT). Shipping costs may be charged at a later date, so changing the shipping country may affect the final price.

The conditions on customs fees, taxes and duties are written in Article 8 of these conditions.

For products with a reduced price, the previous price and the reduced price are marked. The previous price is considered to be the lowest price used by FRUTILU in the last 30 days before applying the reduced price.

Prices are not adjusted based on automated decision making.

The buyer can use the following payment methods to pay for the order:

• Cash on delivery (for certain countries):
  Upon delivery of the goods, the buyer pays the purchase price in the amount of the order.
• Payment by pro forma invoice:
  The buyer settles the payment to the FRUTIL transaction account. The buyer will receive instructions with transfer details in an email when the order is placed.
• Credit card payment:
  The buyer makes the payment with a credit card via the online payment interface. Payment is possible with a credit or debit card.
• Payment via PayPal:
  The buyer can also pay for the purchase using the PayPal payment system.
• Payment via FLIK:
  A fast and easy payment option via the FLIK mobile application.
• Payment via KLARNA
  Enables flexible payment in installments or with a delay.
• Payment with Apple Pay:
  Easy and secure payment using Apple Pay.
• Payment with Google Pay:
  Fast and secure payment via Google Pay.

5. HOW TO SUBMIT AN ORDER

Before starting the purchase, the online store visitor has the option of registering or making the purchase as a guest. Upon registration in the frutilu.com system, the visitor obtains a username and password. By registering, the visitor becomes a User.

The purchase process follows the following steps:

1. The customer selects the desired products and adds them to the shopping cart. Enter the delivery information at the checkout. Before submitting an order, he must confirm that he agrees to the terms of business and undertakes to pay. Without this confirmation, the order cannot be placed.
2. After submitting the order, the buyer receives a confirmation email confirming that the order has been accepted.
3. If the customer does not cancel the order in time, the order will continue to be processed. FRUTILU checks, packs and completes the order. After completion of the purchase, FRUTILU informs the customer by e-mail about the status of the order (“Completed order”) and the expected delivery date.

Before submitting the order, the buyer is given the opportunity to check and change the data he entered in the order (in the event of a request from the buyer to change the data, the buyer has the option to return to the web browser he is using and change any data before submitting the order).

The contract between FRUTILU and the buyer is concluded at the moment when FRUTILU confirms the order (the buyer receives an e-mail about the status “Order Confirmation”). From this moment on, the prices of the ordered products and the conditions written in the Terms and Conditions are fixed and apply to both FRUTILU and the customer.

6. CHANGE OR CANCELLATION OF THE ORDER BY THE BUYER

Changes and additions to the order are only possible if the buyer communicates the change in time via e-mail to [email protected] before the order is completed. The time that elapses from the submission of the order to the moment when the order is completed is considered timely. When the order is completed, the buyer receives a notification via e-mail.

The customer can cancel the order before it is processed by sending an email to [email protected] with the subject “Order cancellation” and writing down the order number, name, surname and address of the customer. The time that elapses from the submission of the order to the moment when the order is completed is considered timely. If the order is successfully cancelled, the buyer receives a notification from FRUTILU via e-mail.

7. THE RIGHT TO CANCEL OR NOT ACCEPT AN ORDER BY FRUTILU

FRUTILU reserves the right to refuse any order and to cancel or not accept a confirmed order for the following reasons:

• a technical or pricing error occurred on the website at the time of placing the order,
• the ordered product is not available,
• the billing information provided was incorrect or unverifiable,
• security systems indicate that the order is unusual or may be fraudulent, or
• FRUTILU was unable to deliver the order to the specified address.

If the order is canceled for any of the above reasons, FRUTILU will refund the purchase price if it was previously paid. In case of cancellation of the order because FRUTILU could not deliver the order to the specified address, the delivery costs will not be refunded.

8. DELIVERY

Delivery is carried out via Pošta Slovenije, courier service GLS and Packeta. Delivery is valid within the European Union and the rest of the world. Delivery takes place from Monday to Friday during business hours. Delivery is not made on weekends or public holidays. For easier delivery, the buyer can choose his work address or any other address where someone could receive the package. The buyer receives the tracking number of the shipment from the courier service to an email address or via SMS.

If the ordered goods are in stock, FRUTILU the same day or within a few working days, he packs the ordered goods in perfect condition and in the agreed quantity. In exceptional cases, when the goods cannot be delivered within the prescribed period, the buyer will be informed about this by e-mail. Although FRUTILU cannot guarantee punctuality, it must fulfill its obligations to the customer no later than 30 days after the conclusion of the contract.

Shipping packages to non-European Union countries: All applicable customs fees, taxes and duties are the sole responsibility of the buyer. Customers are strongly advised to check the status of customs regulations in their country before placing an order. The customs authorities require FRUTILU to state the value of the ordered goods directly on the package. Customs agents may release the package at their discretion. In some cases, they may delay the delivery of a particular package for certain reasons.

9.  DAMAGED OR LOST PARCEL

The buyer must check the condition of the packaging upon delivery of the package. In the event that the delivery service delivers a damaged or open package, the buyer should immediately notify the courier, who will record the damage in the minutes and reject the shipment. If the buyer wishes, he can also take photos of the shipment status and send the photos by email to [email protected]. FRUTILU will replace the damaged goods with new and flawless ones free of charge, or refund the purchase price at the customer’s request.

In the event of a lost shipment, the buyer should notify FRUTILU via email at [email protected]. FRUTILU will make an inquiry about the shipment with the delivery service and, in the event that the shipment cannot be tracked, send the buyer a new package at no additional cost or, at his request, return the purchase price.

10. RIGHT TO WITHDRAW FROM CONTRACT AND REFUND

Within 14 days of receiving the goods, the buyer can inform FRUTILU that he withdraws from the contract without giving a reason for his decision. The only cost charged to the buyer in connection with withdrawal from the contract is the direct cost of returning the goods (the cost of postage is paid by the buyer). The buyer must return the goods no later than 14 days after the notification that he withdraws from the contract.

The buyer can send a notice of withdrawal from the contract by e-mail to the address [email protected] or by post to the address Frutilu d.o.o., Žlebe 78, 1215 Medvode. The buyer can draw up a notice of withdrawal from the contract himself, or fill out the return form at the following link.

The address for returning items is: Frutilu d.o.o., Žlebe 78, 1215 Medvode. We do not accept parcels with payment upon delivery.

The buyer who withdraws from the contract must return the goods undamaged, in the original packaging and in the same quantity.

Withdrawal from the contract is not possible in the following cases:

• if the goods are damaged, dirty or have visible signs of use (physical damage to the packaging, contact with liquid),
• if the packaging has been opened, torn or the contents have been partially used,
• if the goods have been washed,
• if the fabric is covered with fur or hair,
• if the goods are not complete (e.g. if they lack component parts that form a whole).

Warning: Bottles and bottles cannot be returned due to hygiene reasons.

FRUTILU will take a photo of each returned package, contents and product with a camera as possible proof of damage.

If the buyer has withdrawn from the contract in accordance with the stated conditions, FRUTILU will return all payments received to him within 14 days of receiving the notice of withdrawal from the contract. FRUTILU will return all payments received to the buyer using the same payment method that the buyer used, unless the buyer expressly agrees to use another payment method. In the event that the buyer has specified “cash on delivery” as the payment method, FRUTILU will return all payments received in the form of a transfer to the buyer’s transaction account. FRUTILU does not offer cash refunds.

11. WARRANTY OF CONFORMITY OF GOODS

11.1 WHAT IS THE GUARANTEE OF CONFORMITY OF THE GOODS?

The guarantee for the conformity of the goods is determined by the Consumer Protection Act (Official Gazette of the RS, No. 130/22, ZVPot-1).The guarantee for the conformity of goods, digital content and services is the obligation of FRUTILU to be responsible for any non-conformity that exists at the time of delivery of the goods and becomes apparent within two years of delivery. It applies to all types of goods, including goods with digital elements. The buyer can assert warranty claims at FRUTILU for goods that do not comply with the sales contract (e.g. do not correspond to the description, type, quantity, do not work, lack functionality and other properties) or with objective requirements. You can read the entire Consumer Protection Act at the link.

11.2 SUBJECTIVE AND OBJECTIVE REQUIREMENTS FOR COMPLIANCE OF GOODS

SUBJECTIVE REQUIREMENTS FOR COMPLIANCE OF GOODS

The goods are in accordance with the sales contract, in particular when applicable:

• corresponds to the description, type, quantity and quality and has the functionality, compatibility, interoperability and other characteristics as required in the sales contract;
• is suitable for a specific purpose for which the buyer needs it and which the buyer informed FRUTILU at the latest when concluding the sales contract, and FRUTILU agreed to it;
• is supplied complete with all accessories and instructions, including instructions for installation as specified in the sales contract, and
• is updated as specified in the sales contract.

OBJECTIVE REQUIREMENTS FOR THE COMPLIANCE OF GOODS

In addition to meeting the requirements from the previous article, the goods must also:

• meet the purposes for which goods of the same type are normally used, taking into account, where appropriate, other regulations, technical standards or, in the absence of such technical standards, industry codes of practice applicable to the individual sector;
• be of such quality and correspond to the description of the sample or model that FRUTILU made available to the buyer prior to the conclusion of the sales contract, where applicable;
• be supplied together with such accessories, including packaging, installation instructions or other instructions, as the purchaser may reasonably expect to receive, where applicable, and
• be of such quantities and have characteristics and other characteristics, including in relation to durability, functionality, compatibility and safety, as are customary for goods of the same type and which the buyer can reasonably expect given the nature of the goods and subject to any public statement made by advertising or labeling by or on behalf of FRUTILU or other persons in the previous links of the contractual chain, including the manufacturer, unless FRUTILU proves that:
  • he did not know about the public statement and cannot reasonably be expected to know about it,
  • the public statement has been corrected prior to the conclusion of the sales contract in the same or comparable manner as it was made, or
  • the public statement could not influence the decision to purchase the goods.

11.3 EXERCISE OF RIGHTS FROM THE TITLE OF WARRANTY OF GOODS

FRUTILU supplies the customer with goods that meet the requirements of Articles 72, 73 and 74 of the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, ZVPot-1), when appropriate, and is responsible for non-conformities that had the goods at the time of delivery. The buyer can exercise his rights from the company under the warranty for the conformity of the goods, if the conditions specified in the Consumer Protection Act are met (Official Gazette of the RS, No. 130/22, ZVPot-1). FRUTILU 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 the delivery of the goods.

The buyer, who has correctly informed FRUTILU about the non-compliance, is entitled to, in the following order:

• requests FRUTILU to establish the conformity of the goods free of charge;
• requests from FRUTILU a reduction of the purchase price in proportion to the non-conformity or withdraws from the sales contract and requests a refund of the amount paid.

The buyer can exercise his rights under the warranty for the conformity of the goods if he informs FRUTILU of the non-conformity within two months from the date on which the non-conformity was established. The buyer must describe the non-conformity more precisely in the error notification and allow FRUTILU to inspect the item. A copy of the invoice must be attached to the notification of non-compliance.The buyer can notify FRUTILU by e-mail at [email protected] or by post to the address Frutilu d.o.o., Žlebe 78, 1215 Medvode.

The buyer can request from FRUTILU to remedy the non-conformity of the goods, free of charge, without significant inconvenience to the buyer, within a period that may not exceed 30 days, from the moment he notified FRUTILU about the non-conformity. The deadline may be extended for the shortest time necessary to complete the repair or replacement, but not longer than 15 days. FRUTILU will notify the customer of the number of days for the extension and the reasons for the extension before the 30-day period expires.

If the existence of inconsistencies in the goods is disputed, FRUTILU will inform the buyer about this within 8 days at the latest.

Establishing the conformity of the goods is free of charge for the buyer. When the replacement of goods is necessary to establish compliance, FRUTILU takes back the replaced goods at its own expense.

11.4 REDUCTION OF THE PURCHASE PRICE AND WITHDRAWAL FROM THE CONTRACT DUE TO INCONFORMITY OF GOODS

The buyer can request a proportional reduction of the purchase price or withdraw from the sales contract in any of the following cases:

• FRUTILU did not repair or replace the goods, or rejected the buyer’s warranty claim to establish the conformity of the goods;
• non-compliance exists even though FRUTILU has attempted to establish compliance;
• the nature of the non-conformity is so serious as to justify an immediate proportional reduction of the purchase price or withdrawal from the sales contract, or
• FRUTILU has represented, or it is apparent from the circumstances, that FRUTILU will not bring the goods into conformity within a reasonable time or without significant inconvenience to the customer.

Notwithstanding the preceding paragraph, the buyer may withdraw from the sales contract and request a refund of the amount paid if the non-conformity occurs within less than 30 days of the delivery of the goods.

Withdrawal from the sales contract is asserted by the buyer with a statement informing FRUTILU of the decision to withdraw from the sales contract. In this case, the cost of returning the goods is borne by FRUTILU.

11.5 DEADLINE FOR THE REFUND OF THE AMOUNT PAID OR A PART OF THE PURCHASE

When the buyer withdraws from the sales contract, FRUTILU will refund the amount paid to the buyer immediately, but no later than within eight days after receiving the goods or proof that the buyer has sent the goods back.

When the buyer requests a proportional reduction of the purchase price due to non-conformity of the goods, FRUTILU returns part of the purchase price within eight days of receiving the request for a proportional reduction of the purchase price.

11.6 RELIEF OF FRUITILU FOR NON-CONFORMITY OF GOODS AND LOSS OF RIGHTS

FRUTILU is not responsible for the non-conformity of the goods, which is the result of non-fulfillment of the objective requirements for the conformity of the goods from Articles 73 and 74 of the Consumer Protection Act (Official Gazette of the Republic of Slovenia, No. 130/22, ZVPot-1), if FRUTILU is the buyer at the time of concluding the sales of the contract, that the individual property of the goods deviates from the objective compliance requirements from Articles 73 and 74 of the aforementioned law, and the buyer expressly and separately accepted this deviation when concluding the sales contract.

The rights under the guarantee for the conformity of the goods shall cease within two years from the date on which the buyer informed FRUTILU about the non-conformity of the goods.

12. WASHING AND CARE OF FRUTILU CLOTHING AND OTHER PRODUCTS

Please carefully follow the care instructions that come with each product. FRUTILU clothes should not be dried with a dryer or washed at high temperatures. Iron the garment inside out to protect printed graphics and embroidery from damage. Do not wash bottles and other containers in the dishwasher.

13.  PROMOTION CODES AND DISCOUNTS

Promotional codes allow a one-time discount when purchasing an individual product or the entire order for the time specified by the code. They can be used exclusively for purchases on the FRUTILU website. User may not transfer, sell or assign promotional codes to other users. They are also not allowed to be shared or disclosed through public websites or other media that offer public offers, gifts, sales or exchanges. Promotional codes may not be used for commercial purposes. Only one promotional code can be used per product and per order, which cannot be combined with other special offers or promotions. Promotional codes cannot be exchanged for cash.

FRUTILU reserves the right to immediately revoke a promotional code if it suspects that it is being used in violation of any of the above terms or in any other inappropriate manner, or if there are reasonable grounds for revoking it.

14. USER OPINIONS AND COMMENTS

Product reviews and ratings written by users are part of our community-oriented store functionality. Any registered user can submit a product review, which is reviewed by FRUTILU before publication. Published opinions must not be offensive or useless to other visitors. By sending an opinion or comment, the user expressly agrees to the terms of use and allows FRUTILU to publish part or all of the text in all electronic and other media. FRUTILU has the right to use the content indefinitely. The author of the opinion declares and guarantees that he owns the material and moral copyrights for the written opinions and that he transfers these rights to FRUTILU non-exclusively and permanently.

15. PROTECTION OF PERSONAL DATA

Information on the processing of the customer’s personal data is included in the Privacy Policy, which is available at the following link.

16. COMPLAINTS

FRUTILU tries to fulfill its obligations to the customer as quickly and efficiently as possible. If the buyer wishes to complain about any problem, he can do so by e-mail at [email protected] or by mail to the address Frutilu d.o.o., Žlebe 78, 1215 Medvode. Any complaint will be dealt with conscientiously, confidentially and quickly.

17. OUT OF COURT RESOLUTION OF CONSUMER DISPUTES

Out-of-court resolution of consumer disputes is possible through the platform (SRPS) at the following link.

FRUTILU does not recognize any IRPS provider as competent to resolve a consumer dispute that a consumer may initiate under the Act on Out-of-Court Resolution of Consumer Disputes.

18. APPLICABLE LAW

Slovenian legislation applies to purchases made via the website and under these business conditions.

19. CONTACT

For help and information, the buyer can contact FRUTILU at the email address [email protected], via the contact form on the website or at the phone number +386 64 192 282.

Medvode, 6.6.2024