Terms of Use

Information about the provider

The provider is the company Povem, Meta Dolinar s.p., Dolenja vas pri Polhovem Gradcu 12a, 135 Polhov Gradec, registration number: 8083177000, VAT identification number (ID): 33442690. Company, Meta Dolinar s.p. co-operates and co-creates gingotalk.com with Petka, Petra Kavšek Vrhovec s.p., Sokolska ulica 3, 1295 Ivancna Gorica.

Other information about the provider: 

Business account number: SI56 0201 9346 8787 231, opened at NLB.

VAT taxable person: NO

Contact email: info@gingotalk.com

Gingotalk.com website and store is an information system managed by the provider and dedicated to the presentation and sale of products to users.

The General Terms of Use apply to the use of the gingotalk.com website and store. They specify the terms, restrictions and manner of use of the website, the terms and conditions of the sale of products carried out by the provider and the terms of the purchase of products through the website gingotalk.com.

A person who uses the gingotalk.com website and store or carries out purchases shall be defined as the user.

The term “content” shall apply to any data, information, materials and other contents published on the gingotalk.com website and store, inter alia to text, photos, pictures, music, video content, software, audio content, graphics, trade and service marks and other.

The provider shall independently determine:

  • the contents on the gingotalk.com website and store;
  • the offer of products sold via gingotalk.com website and store;
  • other conditions for the performance of services and
  • anything else related to the gingotalk.com website and store.

It shall be considered that by using the gingotalk.com website and store for the first time, the user agrees with these general terms and conditions of use and everything else related to the gingotalk.com website and store.

Legal information

Gingotalk.com website and store and all published content are the property of the provider. The provider is the holder of the right to use and dispose of them. Users may not modify, copy, reproduce, re-publish or otherwise disseminate these contents without the express prior permission of the provider. Within the permitted use of content, the user is obliged to maintain all designations of copyright and other industrial property rights and any other notices and warnings.

The trademarks, service marks and logos (e.g. GingoTalk trademark and logo) published on the website are the property of the provider. The provider is the holder of the right to use them and dispose of them. The user of those trade and service marks and logos may not use the services without the prior written permission of the provider.

Availability of information

The provider shall undertake to provide the following information to the user on every purchase of products through the gingotalk.com website and store:

a) corporate identity (name and registered office, registry number),
b) contact information that enables the user to communicate rapidly and effectively (e-mail, telephone);
c) essential product features (including after-sales services and warranties)
d) accessibility and delivery time of products,
e) terms of delivery of product or service (manner, place, delivery time),
f) product prices with clear indication whether they already include taxes and transport costs,
g) payment and delivery terms,
h) time of validity of the offer,
i) the time limit within which it is still possible to withdraw from the contract and the conditions for withdrawal; in addition, the terms and eventual cost of product return,
j) explanation of the complaint process, including any contact information or customer service contact information.

Products selection and prices

The prices laid down are final. As the provider is not a VAT taxable person, VAT is not charged in accordance with the paragraph 1 of Article 94 of Value Added Tax Act.
The prices are either regular and /or discounted. In case of the latter, this is clearly indicated.


The prices apply at the time of order placement and do not have a predetermined validity.
The prices apply for payment by means indicated on the website under the above stated conditions. The provider shall make every effort to provide accurate and up-to-date content on the gingotalk.com website and store, but is not responsible for the possible inaccuracies or outdated contents. The characteristics of products, their stock and price can change so quickly that the provider might not always manage to update the content on the website. In this case, the provider will notify the user about any changes and will allow the user to withdraw from the purchase or offer a solution that will bring mutual satisfaction.

All product photos are symbolic and do not guarantee the features of the product. They serve only for information purposes.
The sales contract between the provider and the buyer shall be concluded at the moment when the provider confirms the order (the buyer receives an e-mail). From this moment onwards, all prices and other conditions are fixed and apply to both the provider and the buyer.
Discounts, promotional codes, etc. do not add up.

Payment Methods

The provider provides the following methods of payment:

  • by transfer to the account of the provider Povem, Meta Dolinar s.p. (according to offer/cost estimate)
  • by payment or credit card via PayPal (Mastercard, Visa, Visa Electron, BA Maestro)

Deliver and Return

Purchased products will be delivered to any address on the territory of the European Union, with the exception of Malta. The delivery service is provided by the manufacturer with the delivery service of their choice. Delivery time is up to 5-8 working days for goods in stock. If the goods are not in stock, the user is informed about this and about the estimated time of delivery prior to the completion of the purchase.

Packaging and delivery costs to Slovenia are € 4.00. Packaging and delivery costs to foreign countries are included in product prices. For larger orders the provider reserves the right to change the costs of packaging and delivery (the user will be noticed beforehand).

The users select the products they want to buy on the gingotalk.com website and store and confirm the purchase using a contact form. Before making a purchase, the user is obliged to check all products, their data and the final amount of the order and correct the order if necessary. If the user wants to pay by pro forma invoice, they must mention this to the provider in the agreement.

Due to possible abusive practices, the provider reserves the right to check the order by phone before sending it. The archive with order data is available at the company’s registered office within the period stipulated by the applicable regulations. An overview of orders by individual user can be provided to this user by the provider on demand.

Users can send complaints to the provider via e-mail address info@gingotalk.comor by mail to the address: Povem, Meta Dolinar s.p., Dolenja vas pri Polhovem Gradcu 12a, 1355 Polhov Gradec.  The procedure for processing of a complaint is confidential. The provider shall confirm the receipt of the complaint within five working days and notify the user on how long it will take to process the complaint. The provider shall also keep the user informed about the progress of the procedure.

Communication

The provider also enables the users to register or subscribe to electronic news and notices within the website and store. The user agrees that after subscribing to electronic news and notices, the provider will occasionally send news about the gingotalk.com website and store, information about new features in the offer and about promotional campaigns. The provider undertakes not to misuse the user’s e-mail in any way and not to forward it to any third party. A valid e-mail address is required in order to subscribe to news and notifications. After subscribing to news and notifications, the user will receive a confirmation e-mail from the provider. The provider will send the news and notifications to the e-mail address of the user in scope and content according to the provider’s judgement. To unsubscribe from electronic news and notifications, send a letter to the following e-mail address: info@gingotalk.com.

The provider will only contact the user via means of distance communication if the user agrees or if the information is publicly available. Advertising e-mails will contain the following parts:

  • they will be clearly and unambiguously marked as advertisements;
  • the sender will be clearly visible,
  • various campaigns, promotions and other marketing techniques will be marked as such, and the provider will clearly define the conditions for participation;
  • the way to unsubscribe from receiving ad messages will be clearly presented. The user’s wish not to receive advertising messages any more will be explicitly respected by the provider.

Liability for material defects

A defect of a purchased product shall be deemed material if:

  • the product does not have the characteristics necessary for its regular use or placing in circulation;
  • the product does not have the characteristics necessary for the special use for which the buyer bought it, and this was or should have been known to the provider;
  • the product does not have the characteristics and features that were expressly or tacitly agreed upon or prescribed;
  • the provider delivered an item that does not match the sample or model, unless the sample or model was only shown for information purposes.

The adequacy of goods for normal use shall be assessed in relation to usual goods of the same kind and by having regard to any declarations of the provider as to the characteristics of goods, provided by the provider or the producer through, in particular, advertising, presentation of the product or indications on the goods. Consumers must notify the provider of the material defect within the legally prescribed deadline at their own expense. In the notification of a defect, the consumer shall precisely describe the defect and enable the provider to inspect the item.

A consumer who has informed the provider of a defect in the prescribed manner, shall have the right to request that the provider:

  • eliminate the defect in the goods;
  • reimburse part of the amount paid in proportion to the defect
  • or reimburse the entire payment.

The right to exercise material defects is governed by the Consumer Protection Act.

Limitation of liability

The Provider shall not be liable to users for the possible non-availability of the gingotalk.com website and store, for disruptions in access or in use of the gingotalk.com website and store, for poor quality of the gingotalk.com website and store online pages and for any other error on and in connection with the gingotalk.com website and store.

The provider does not assume any liability for:

  • content published by third parties on the gingotalk.com website and store and any undesirable consequences of the publication of such content in relation to any third party;
  • failure of gingotalk.com website and store;
  • any unwanted consequences that the user would suffer from using the gingotalk.com website and store;

If the user generates any content (e.g. product reviews), the content must not be in conflict with the applicable regulations, libellous, threatening, vulgar, marketing, commercial and/or disputable in any other way (such as: expression of hatred, racism, paedophilia , Nazism, etc.). The provider shall not be liable under any circumstances for the content generated by users and for the content posted by a third party on the gingotalk.com website and store (e.g., advertisements), and also shall not be responsible for the quality and compatibility of the said content with the applicable regulations. The provider may remove any user generated content from the gingotalk.com website and store at any time or disable access to this content without notifying the user our acquiring the consent of the user who generated this content.

By submitting an opinion or a comment, the user expressly agrees to the terms of use of this opinion or comment and allows the gingotalk.com website and store to publish a part of this text or the entire text in all user communication channels. GingoTalk has the right to use the contents of opinion or comment for an unlimited period of time for any purpose within the commercial interest of GingoTalk, including publication in advertisements or other communications intended for users. The author of the opinion declares and guarantees that he or she is the owner of the material and moral copyrights for written opinions and comments, and that these rights are transmitted non-exclusively and for an unlimited period of time to GingoTalk.

Warranty

The items have warranty if so indicated on the guarantee certificate or on the invoice. The warranty is valid subject to the instructions on the warranty and upon presentation of the invoice. The warranty periods are listed on the warranty or on the invoice. Warranty information can also be listed on the page with the presentation of the item. If there is no information on the warranty, an item does not have a warranty or the information is not known at the moment. In the latter case, the buyer may contact the provider, who will provide up-to-date information.
In accordance with the law, the manufacturer is obliged to provide the buyer a warranty for flawless operation of the purchased goods. The buyer can claim the warranty directly from the manufacturer or its authorized service.
The manufacturer shall carry out repair work under the warranty in 45 days from the receipt of goods or replace the item with another equivalent and impeccable item.
Return of goods under warranty must be carried out in accordance with the conditions laid down by the manufacturer in the warranty certificate. No return costs shall be incurred to the buyer.

Withdrawal from the contract

In the case of contracts concluded at a distance, the consumer has the right to withdraw from the contract within 14 days of purchase or from the receipt of the product without giving any reason and to return the product. The withdrawal from the contract must be communicated to info@gingotalk.com. Yo can download the form for withdrawal from a distance contract HERE.

The product must be returned intact and in principle in its original packaging and in unaltered quantity within 14 days of the withdrawal from the contract. The buyer shall pay the cost of returning the goods – postal charges.

In case of withdrawal from the contract, the provider returns the purchase price to the buyer within 14 days of receipt of the buyer’s withdrawal statement. The provider has the right to withhold the refund until the goods are returned or until the buyer submits proof that the goods were sent to the provider. The refund option does not apply to products that are very perishable or have a short expiration date.

Complaints

Povem, Meta Dolinar s.p. observes the consumer protection legislation in force. Povem, Meta Dolinar s.p. makes every effort to establish an effective system of dealing with complaints. Complaints may be submitted via e-mail address info@gingotalk.com or in writing to the address of the seller: Povem, Meta Dolinar s.p., Dolenja vas pri Polhovem Gradcu 12a, 1355 Polhov Gradec. The procedure for processing of a complaint is confidential.

The provider shall do their best to resolve any disputes by mutual agreement. If this is not possible, the disputes shall be resolved by the competent court in the place of establishment of the provider.

Out-of-court settlement of consumer disputes

In accordance with the legal norms, Povem, Meta Dolinar s.p. does not recognize any provider of out-of-court settlement of consumer disputes as the competent person to deal with a consumer dispute that the consumer could initiate under the Out-of-Court Resolution of Consumer Disputes Act.

Povem, Meta Dolinar s.p., who provides online trade in the EU as a provider of goods and services, has published an electronic link to the online dispute resolution platform. The platform is made available to consumers on the link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
The aforementioned arrangement is based on the Out-of-Court Resolution of Consumer Disputes Act, 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.

Statement concerning health claims on the website and in product descriptions

All the information on the pages of the GingoTalk online store (www.gingotalk.com) is purely of informative nature and is not a substitute for medical diagnosis or treatment. Nothing is prescribed or recommended and therefore we assume no responsibility. This is only information on possible forms of self-help. If you follow it without first consulting a doctor, you assume responsibility for your own health, which is your constitutional right.

Products and claims on individual products in the GingoTalk online store have not been evaluated by state institutions and are not intended to treat or prevent diseases.

None of the products are intended for treatment or diagnosis. No treatment should be abandoned or changed without consulting your doctor.

Date of last change of terms of use: 03/05/2020