Terms of Use/Service/Sale
1. GENERAL PROVISIONS
The general terms of the Piksli network are drafted in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1), and the Electronic Communications Act (ZEKom-1). The Piksli network comprises the following websites:
- draganjec.com,
- fotopis.si,
- piksli.eu,
- piksli.net,
- piksli.si,
- potopis.si,
- wandergraphy.com,
- wandergraphy.net,
- wandergraphy.si,
Furthermore, the network is managed by the company Piksli d.o.o., located at Hafnerjevo naselje 66, 400 Škofja Loka, registration number: 9034331000, tax number: 89822706, which is also the provider of e-commerce services (hereinafter also referred to as the seller or Piksli). The general terms and conditions govern the operation of the Piksli network, the rights and obligations of the user and the store, and regulate the business relationship between Piksli and the customer. The customer is bound by the general terms and conditions that are valid at the time of purchase (placing an online order). The user is notified of the general terms and conditions upon placing an order, and by doing so, confirms their awareness of them.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
The content published on the Piksli network by Draganjec Nejc or Piksli is owned by Draganjec Nejc or Piksli. Most of the Piksli content published on the network is available for purchase, including but not limited to: photographs, video content, graphics, articles, lectures, etc. This includes content that is not specifically marked for sale. For inquiries, please send an email to [email protected]. Without prior agreement with Piksli, the use of content, processing, public display, conversion into different formats or analog media, copying, duplication, imitation, distribution, publication, etc. is not allowed. With prior agreement, the use of content for exclusive non-commercial purposes is possible, provided that all necessary copyright notices and links to the original location on the Piksli network are preserved and highlighted. Saving content from the website to temporary computer memory or permanent storage is only permitted for personal use. Deep linking to website content is not allowed. Linking with a hyperlink is allowed, provided that it is immediately apparent to the average user of web services that it is a link to the original website page. Piksli may demand the immediate removal of content that is not shared in accordance with the terms. Piksli may also issue an invoice without prior notice for the illegal use of content in an amount calculated according to standards (for example, but not limited to: MFM; Mittelstandsgemeinschaft Foto-Marketing) for the current year, and if necessary, transfer the enforcement of copyright infringement to a third party, a specialized legal office, which then takes over the representation of Piksli in the respective case.
3. TYPES OF USERS
Visitors of the network are guests who use the information provided on the network as is and without any guarantee of accuracy. Each visitor uses the network (hereinafter also referred to as the user) at their own risk and is responsible for verifying the accuracy and timeliness of the information posted on the network. A guest can subscribe to regular newsletters and become a subscriber, make a purchase of goods/services and become a customer, and/or register to become a member. All users have the right to purchase goods/services on the Piksli network. A user can register as a member independently or during the purchase process. A member receives a username, which is the same as their email address, and a password. The username and password of a Piksli member clearly identify and link them to the entered data. Membership on one side of the network is not necessarily automatically transferable to all other sides of the network, and a user can repeat the registration process multiple times on different pages. If a user wishes to change their email address to another at any time, they can do so themselves in the designated interfaces of individual network web pages or by submitting a request to [email protected]. The change of the email address will be processed as soon as possible, and the member will also be notified via email.
4. ACCESSIBILITY OF INFORMATION BEFORE PURCHASE
Piksli undertakes to provide the following information to the buyer before entering into a contract or offer:
- Company information (name and registered office of the company, registration number),
- contact information enabling the user to communicate quickly and efficiently (email, phone),
- essential features of the products (including after-sales services and warranties) and the validity period of this information,
- availability of products (every product offered on the website should be available within a reasonable period),
- delivery terms of the items (including the method, location, and timeframe of delivery),
- prices, which must be clearly and unambiguously stated, and it must be evident whether they already include taxes, shipping costs, and other charges, along with the validity period of this information,
- method of payment and delivery or fulfillment, along with the validity period of this information,
- the validity period of the offer,
- the deadline for withdrawing from the contract and the conditions for withdrawal (description of the right of withdrawal in accordance with Article 43č of the Consumer Protection Act; in cases where the consumer does not have the right of withdrawal in accordance with Article 43č of the Consumer Protection Act, this is explicitly stated),
- explanation of the complaint procedure, including information about the contact person.
5. ORDER
The sales contract between Piksli and the customer is concluded on the network at the moment when Piksli sends the customer the first electronic message about the status of their order. From this moment on, all prices and other conditions are fixed and apply both to Piksli and the customer. The buyer is considered to be the person with the data as provided at the time of placing the order. Subsequent changes to the buyer's data are not possible. The sales contract (i.e., the first electronic message about the order status) is stored electronically on the network's servers.
6. PAYMENT
Piksli offers the following payment methods:
- in cash upon personal purchase and/or pickup*,
- by bank transfer to the Piksli account upon offer/proforma invoice**,
- by credit or debit card ***,
- through the PayPal and Adyen interface.
* For individual orders, we reserve the right to request payment via bank transfer to the Piksli account based on an offer/proforma invoice, while the Price still applies.
** Upon receipt of payment based on the offer/proforma invoice, the order proceeds to the processing stage.
*** Via PayPal and Adyen providers. In the case of payment via PayPal, Adyen interface, and when paying with debit or credit cards in general, the following conditions also apply:
- The payer (details on the user's bill) must be the same person or organization as the owner of the debit or credit card.
- After confirmation of the order receipt, it is not possible to change the content of the order or the final amount of the order, except in exceptional cases with the approval of Piksli.
- In case of cancellation of the order or change of payment method by the user, please notify us at [email protected] for credit card crediting or refunding the purchase amount.
7. INVOICING
Piksli sends the invoice to the customer after the ordered items are delivered, in PDF format to the customer's email address. In the case of in-person purchase/pickup, the customer can receive a printed invoice for the purchased items upon their pickup. The invoice includes the breakdown of the price and all costs related to the purchase, as well as information about the right to withdraw from the contract. The customer is obligated to verify the accuracy of the data before submitting the order. Later objections regarding the accuracy of the issued invoices are not considered.
8. PRICE
Piksli is NOT VAT REGISTERED, therefore the prices DO NOT include VAT. Prices are valid at the time of placing the order and do not have a predetermined validity period. Prices are valid in case of payment using the above-mentioned payment methods, under the above-mentioned conditions. Despite exceptional efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. In this case, or if the price of the item changes during the processing of the order, Piksli will allow the customer to withdraw from the purchase. Discounts, promotional codes, etc., generally do not accumulate. Funds paid through gift vouchers, bonuses, and pro forma invoices do not accrue interest. Gift vouchers and bonus codes cannot be exchanged for cash. When purchasing at a pickup location, gift vouchers, bonuses, promotional codes, etc., cannot be redeemed.
9. LEGAL ENTITIES / COMPANIES
The purchasing process for legal entities is exactly the same as for individuals, except that in the appropriate step, you select the option for an invoice to the company. If you require an invoice to the company, you accept the terms and conditions applicable to businesses. The main difference lies in the options for contract withdrawal: we allow companies, sole proprietors, and other legal entities to return supplied items within the warranty terms. These listed legal entities do not have the option to withdraw from the contract within 14 days of receiving the item without a reason, as is the case for consumers (individuals). Refunds for legal entities are not possible. The remaining Terms of Service apply to purchases made by legal entities.
10. RIGHT OF WITHDRAWAL
The buyer (this applies exclusively to individuals who acquire the item for purposes outside their gainful activity) has the right to withdraw from the contract within 14 days of receiving the items from Piksli, without stating a reason. The withdrawal period begins one day after the date of receipt of the items. The buyer communicates the withdrawal from the contract to the seller's email address: [email protected]. In case of withdrawal from the contract, the buyer returns the received item(s) either by mail to the company's address: Piksli d.o.o., Hafnerjevo naselje 66, 4220 Škofja Loka, or personally brings it to one of the seller's pickup locations. Returning the received items to the company within the withdrawal period is considered a notice of withdrawal from the contract. The buyer must return the item(s) to Piksli undamaged and in the same quantity, unless the item is destroyed, damaged, lost, or its quantity decreased, without the buyer's fault. The buyer may not use the items freely until the withdrawal from the contract. The buyer may inspect and test the items to the extent necessary to establish the actual condition. The buyer is liable for any decrease in the value of the goods resulting from handling that is not necessary to establish the nature, characteristics, and functioning of the goods. The only cost borne by the buyer in connection with the withdrawal from the contract is the cost of returning the items (which, in the case of shipping, is calculated according to the delivery service's price list and depends on whether it is a shipment/package/freight). The item must be returned to Piksli no later than 30 days from the date of the sent notice of withdrawal from the contract (purchase). The buyer does not have the right to withdraw from the contract for contracts whose subject is an item that was made to the buyer's precise instructions, adapted to their personal needs, is not suitable for return due to its nature, is perishable, or has expired. The right of withdrawal is not applicable to the purchase of software or audio and video recordings if the consumer has opened the security seal. Withdrawal from the contract is not possible for goods:
- for goods or services whose price depends on fluctuations in the financial market that are beyond the company's control and that may occur within the withdrawal period;
- for goods that are made according to the consumer's specifications or are clearly personalized;
- for goods that are by their nature not suitable for return, are perishable, or whose expiry date would be quickly exceeded;
- for a service that has been fully performed, if the company has fulfilled the contract entirely and the service has begun with the consumer's explicit prior consent and acknowledgment that they lose the right of withdrawal once the company has fully performed it;
- sealed audio or video recordings and computer software, if the consumer has opened the security seal after delivery;
- sealed goods which are not suitable for return due to health protection or hygiene reasons, if the consumer has opened the seal after delivery; in the case of purchasing pet food, if the packaging is opened or damaged;
- goods which are inseparably mixed with other items due to their nature;
- digital content that is not delivered on a tangible data carrier, if the provision of the service started with the consumer's explicit prior consent and acknowledgment.
The refund of payments made, including delivery costs (except for additional costs resulting from the choice of a type of delivery other than the least expensive standard delivery offered by the company and the cost of commissions of the chosen intermediary), will be carried out as soon as possible and no later than within 14 days from the receipt of the notice of withdrawal from the contract. The company will refund the received payments to the customer using the same payment method that the customer used (typically by bank transfer), unless the customer has expressly requested the use of a different payment method and if the customer does not incur any costs as a result. In the case of withdrawal from the contract where a bonus, discount code, or promotional code was used, these funds are considered as a discount and will not be refunded to the user. Only the amount paid by the user will be refunded. In the event of withdrawal from the contract, a gift voucher is considered as a means of payment and will be refunded to the user as a gift voucher, while the amount paid will be refunded to the user. The right to a refund of the purchase price in the event of warranty claims and defects is regulated in more detail by the provisions of the Consumer Protection Act.
11. DELIVERY
Piksli reserves the right to choose the delivery service and method of delivery that will fulfill the order most efficiently.
12. SECURITY
Piksli uses appropriate technological and organizational measures to protect the transmission and storage of personal data and payments. For this purpose, Piksli also utilizes an SSL certificate issued by an authorized organization.
13. PROTECTION OF PERSONAL DATA
Piksli is committed to the permanent protection of all user's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Personal Data Protection Act (ZVOP-1). For the purpose of its operation, the Piksli network collects personal data from users (name, surname, address, telephone number, email address, username, password), about which the user will be informed and may voluntarily provide this data. All personal data provided by users will be used exclusively for the purpose for which they were provided. Piksli carefully protects the data in accordance with the Personal Data Protection Act and the Personal Data Protection Policy. Personal data will not be disclosed to third parties or otherwise misused. Only the necessary data for delivery are forwarded to the logistic company (e.g., Post of Slovenia). For detailed information on the processing of personal data, please refer to the Privacy Policy. The subscriber/customer/member must be aware that they are obliged to provide their personal data to the online retailer in the correct and truthful form, and they must also inform Piksli of any changes to their data. By accepting these terms, the subscriber/customer/member confirms that the personal data provided is correct.
14. COMMUNICATION
Piksli will contact the subscriber/customer/member through remote communication means only if the user explicitly does not object, and in accordance with the provisions of the Electronic Communications Act (ZEKom-1). Advertising emails from Piksli will contain the following components:
- They will be clearly and unambiguously marked as advertising messages,
- the sender Piksli will be clearly identifiable,
- different promotions, actions, and other marketing techniques will be clearly labeled as such. Also, the terms of participation will be clearly defined, and the method for unsubscribing from receiving promotional messages will be clearly presented,
- Piksli will explicitly respect the user's wish not to receive promotional messages,
- the advertising messages from Piksli will be clearly visible and distinctly separate from games and competitions.
15. REVIEWS, OPINIONS, AND RECOMMENDATIONS
Opinions, reviews, and recommendations written by customers are part of the network's functionality and are intended for the community of all users. Piksli allows any user to write an opinion, but before final publication, Piksli reviews them. Opinions and contributions that are in any way offensive, inappropriate, or deemed by Piksli to not benefit other users and visitors will not be published or will be deleted. By submitting an opinion or comment, the user expressly agrees to the terms of use of their opinion or comment and allows Piksli to publish part or all of the text in all electronic and other media. Piksli has the right to use the content of the opinion or comment indefinitely and for any purpose that is in the business interest of Piksli, including publication in advertisements or other marketing communications. The author of the opinion also states and ensures that they own the material and moral copyrights to the written opinions and comments and that these rights are non-exclusive and indefinite transferred to Piksli.
16. LIMITED LIABILITY
Piksli strives to ensure the timeliness and accuracy of the data published on the Piksli network to the best of its ability. However, the characteristics of items, delivery times, prices, and locations provided in the information may change so rapidly that Piksli may not be able to correct the data on the web pages. Piksli is not responsible for the content provided by visitors. Before publication, Piksli reviews the content and rejects those containing obvious falsehoods, are inappropriate, misleading, or offensive. Piksli disclaims any responsibility for the information in user-generated content and limits any liability arising from the provided information. The Piksli network also includes links to websites of other companies/organizations. Piksli has no control over the content on these websites and therefore assumes no responsibility for them. Piksli has the right to withdraw from the contract in case of an obvious mistake (Article 46 of the Slovenian Obligations Code). An obvious mistake includes errors in the essential characteristics of the item and all mistakes that, according to customs in trade or the purpose of the parties, are considered decisive and which Piksli would not have confirmed or concluded the contract if it had known about them. This also includes obvious errors in pricing.
17. COMPLAINTS AND DISPUTES
Piksli respects applicable legislation. Piksli endeavors to fulfill its duty to provide an effective system for handling complaints. In case of any issues, the user can contact Piksli via phone at 00 386 69 670 890 or by email at [email protected]. The complaint is submitted via email to [email protected]. The complaint handling process is confidential. Piksli endeavors to the best of its ability to resolve any disputes amicably. In accordance with legal norms, Piksli does not recognize any out-of-court dispute resolution body as competent for settling consumer disputes that a consumer could initiate in accordance with the Law on Out-of-Court Settlement of Consumer Disputes. Piksli, as a provider of goods and services operating an online store in the territory of the Republic of Slovenia, publishes an electronic link on its website to the platform for online dispute resolution for consumers (ODR). The platform is available to consumers at the link: platform. This regulation stems from the Law on Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC. In cases where amicable or out-of-court resolution of disputes is not possible, the competent district court in Kranj shall have jurisdiction.