Terms of service

General Terms and Conditions of the website https://shamal.si

1. INTRODUCTION

The purpose of these General Terms and Conditions is to regulate and define the rights and obligations of the provider and users regarding the use of the website and the process of registration and payment (purchase) for ordering goods and services offered on the website https://shamal.si. These General Terms also govern the ordering of goods or services available to users on this website and the relationship between the user and the website provider. The Terms and

Conditions form an integral part of the contract. The user or buyer is bound by the terms in force at the time the order is placed.

For the purposes of these Terms and Conditions, a buyer or user (hereinafter also: buyer, user, consumer, or client) is any natural person acting as a consumer and any natural or legal person who is not a consumer but has made a purchase via the website, provided that certain rights under the applicable consumer protection legislation belong only to consumers, as highlighted or defined below.

The General Terms are drafted in accordance with applicable Slovenian legislation, including the Consumer Protection Act (ZVPot-1), the Personal Data Protection Act (ZVOP-2), the Electronic Commerce on the Market Act (ZEPT), and the Electronic Communications Act (ZEKom-2), as well as other generally applicable laws in this field.

The website operator reserves the right to amend the General Terms on the website at any time and without prior notice. At the time of placing an order, the user is each time specifically notified of the General Terms and, by submitting an order or registration, confirms that they are fully acquainted with them. Placing an order always entails an obligation to pay.

By using the website and/or placing an order (purchase), the user or buyer accepts and agrees to all provisions of these Terms and Conditions, including all links and their integral parts, and confirms that they have been informed of the Privacy Policy available at: https://shamal.siprivacy-policy.
Any order or purchase of goods or services made via the website is deemed a purchase carried out in accordance with the legal provisions applicable in the Republic of Slovenia.

2. INFORMATION ABOUT THE PROVIDER AND COMMUNICATION

Luka Felicijan s.p., Ribarjeva ulica 5, 3000 Celje, Registration No.: 9562508000, Tax No.: 32924160, is the owner of the content and the operator of the website https://shamal.si (hereinafter: website operator).
Email for communication: info@perut.net.

3. LIMITED RIGHT OF USE OF THE WEBSITE AND CONTENT

Visitors may use the website content exclusively for personal and non-commercial purposes. All content is protected by copyright.

Any other use, copying, publication, or distribution of website content or any of its parts without the permission of the website operator is prohibited.

The user must use the website and services in accordance with these Terms and applicable regulations and in a manner and with content consistent with the purpose for which the website operator provides the website and services.
In the event of any breach of these Terms (such as misuse of the website and/or services), the user—offender is liable to the website operator and third parties for all damages incurred, and the website operator has the right to disable the user’s further use of the website and services.

The user must use the website and services solely for non-commercial purposes.

The use of the website and services to transmit harmful programs (e.g., viruses) or any other misuse of the website and services is prohibited.

The user is liable for all damages arising if they use the website and/or services for commercial purposes or to transmit harmful programs, or otherwise misuse the website and/or services.

Content owned by the website operator, or for which the operator holds the rights of use and disposal, may not be altered, copied, reproduced, republished, or distributed in any way without the explicit prior permission of the website operator.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The content of courses and the website content—e.g., but not limited to, all texts, images, graphics, videos, layouts, processes, methods, products (hereinafter: “Content”)—constitute the provider’s intellectual property and may not be reproduced, adapted, distributed, or otherwise used, regardless of medium or territory, without the provider’s prior written permission.

The Content and all information on the website are intended exclusively for personal, non-commercial use and may not be downloaded, copied, adapted, or distributed for commercial use, except for content made specifically available for download and expressly designated for that purpose. The user and buyer may print or post on social media only those parts of the website intended for personal use; for all other purposes, prior written consent from the provider is required.

All rights arising from the Content in which the provider holds intellectual property rights (copyrights, trademarks, trade secrets) on all products and services remain with the provider, and the participant undertakes not to copy, distribute, reproduce, adapt, or otherwise use the Content for their direct or indirect commercial purposes.

The user and buyer also undertake to prevent copying, distribution, publication, reproduction, adaptation, alteration, and any other commercial use of the provider’s intellectual property rights in the Content.

Within the scope of permitted use, the user must retain all copyright notices and other industrial property rights markings, as well as any other notices and warnings. Trademarks and service marks published on the website are the property of the website operator. The user is liable to the provider for all damages arising if the user employs the website and/or services for commercial purposes, transmits harmful programs, or otherwise misuses the website and/or services.

5. ORDERING OR PURCHASING PROCESS

Through the website, it is possible to order goods and services or register for various courses and workshops that may constitute educational services and are presented on the website.

An order on the website is deemed placed when the user completes the online purchase form. Before registering, a user may send an inquiry, which does not yet constitute a purchase order.

The website operator may reject an order if it suspects misuse of the website by the user, as further defined below. By completing an order, the buyer confirms they have been acquainted with the General Terms and were expressly informed of them.

In accordance with the company’s internal policy, the website operator will store copies of invoices and other accompanying documentation, retained for compliance with tax and/or other relevant legislation and for potential inspections, audits, and/or similar reviews, and such documentation is therefore not available to the buyer. The buyer is responsible for storing the invoice and other accompanying documentation received upon ordering the service, and the provider assumes no additional responsibility in this respect.

6. PRICES

All prices are in euros (EUR).

At the time of purchase, the prices and discounts valid at the moment the order is placed apply. Prices remain in effect until changed and may be changed without prior notice.

Prices do not include delivery or postage costs. These are indicated in the order value calculation prior to electronic order confirmation. Prices are not adjusted based on automated decision-making and are the same for all consumers.

8. PAYMENT METHODS

Payment via UPN form (bank transfer) to the website operator’s business account listed on the website.

Payment by credit or debit card via the Stripe payment system.

9. CONTRACT

A distance contract is concluded between the website operator and the user at a distance (online, where exclusively means of distance communication such as the internet and email are used up to the moment of conclusion).

The website operator and the user/consumer/buyer regulate their mutual rights and obligations in distance purchases of goods and services by means of these

Terms and Conditions, which form an integral part of the distance contract.

Prior to concluding a distance contract, the user must familiarize themselves with the content of these Terms. By placing an order, the buyer agrees to the rights and obligations arising from these Terms, including the obligation to pay. By expressing agreement, the counterparty (buyer/consumer/user) unconditionally accepts these Terms and Conditions.

An order for the purchase of goods and services is concluded when the user receives an order confirmation by email, unless otherwise specified. The user may download these Terms to their device via the internet.

10. CONTRACT FOR THE SUPPLY OF DIGITAL CONTENT OR A DIGITAL SERVICE

Some services of the website operator may be considered a contract for the supply of a digital service or digital content, especially if provided online.

A contract for the supply of digital content or a digital service means that the company supplies the consumer with digital content or a digital service, and the consumer undertakes to pay the purchase price. The provisions of ZVPot-1 apply.

Digital content is defined as data produced and supplied in digital form, while a digital service is defined as a service that allows the consumer to create, process, or store data in digital form or access such data, or a service that enables the exchange of data in digital form or any other interaction with such data uploaded or created by the consumer or other users of the service.

A contract is also deemed to exist where the consumer undertakes to provide the website operator with personal data, unless the operator processes the personal data provided by the consumer solely for the purpose of supplying the digital content or digital service in accordance with ZVPot-1 or to meet the operator’s legal obligations, and does not process such data for any other purpose.

A contract also exists where the digital content or digital service is developed according to the consumer’s instructions and for all physical data carriers serving exclusively as carriers of digital content. In the case of digital content or a digital service included in or interconnected with goods with digital elements, the digital content or service is provided with the goods in accordance with the sales contract for such goods, regardless of whether the digital content or service is supplied by the website operator or a third party.
The website operator shall supply the consumer with the digital content or digital service after concluding the contract for the supply of digital content or a digital service without undue delay, unless the parties agree otherwise.

The operator is deemed to have fulfilled the obligation to supply the digital content or digital service: (i) when the digital content or appropriate means of access to it or its download is made available or accessible to the consumer or to the physical or virtual platform chosen by the consumer for that purpose; or (ii) when the digital service is accessible to the consumer or to the physical or virtual platform chosen by the consumer for that purpose.

11. WITHDRAWAL FROM THE CONTRACT, RETURNS, AND COMPLAINTS

In a distance purchase (online purchase), the consumer has the right to withdraw from the contract without stating a reason within 14 days from purchase or from receipt of the goods or digital content and to return the product.

To exercise the right of withdrawal, the consumer must notify the provider of their decision to withdraw from the contract by an unequivocal statement sent:
to the email address: info@perut.net or by letter sent by post to: Luka Felicijan s.p., Ribarjeva ulica 5, 3000 Celje, clearly stating that they are withdrawing from the contract. The withdrawal statement is deemed timely if sent within the withdrawal period. A copy of the invoice or other appropriate document must be attached.

If the consumer has already received the goods or digital content supplied on a tangible medium and withdraws from the contract, they shall return it to the provider together with the associated packaging and documentation (e.g., invoice, warranty, etc.) without undue delay and no later than 14 days after notifying the withdrawal. The consumer is deemed to have returned the goods on time if they send them before the expiry of the 14-day return period. The consumer shall bear the direct costs of returning the goods.
In the event of withdrawal, the consumer shall deliver the item at their own expense to the business address of the website operator: Luka Felicijan s.p., Ribarjeva ulica 5, 3000 Celje.

If the consumer withdraws from the contract, the provider shall, without undue delay and in any event no later than 14 days from the day of receiving the withdrawal notice, refund all payments received, including delivery costs. The refund includes standard delivery costs paid at the time of purchase. If a non-standard delivery method was chosen, the provider is not obliged to refund that additional cost.

Payments are refunded using the same means of payment used by the consumer. If, for a faster refund, you agree to a transfer to your bank account (without additional costs), please indicate this on the form or statement by which you submit the withdrawal notice. In such case, the consumer bears no costs.
In the case of withdrawal where a bonus or discount (e.g., special bundle discount, product combinations, possible free shipping for a specific product, etc.) or promo code was used, such benefits are considered a discount and are not refunded; only the amount actually paid is refunded, and the used bonus or promo code is returned to the user.

A gift voucher is considered a means of payment in the event of withdrawal and is returned to the user as a gift voucher; the paid amount is refunded to the user’s bank account.

The right to exchange items and to a refund in the event of warranty claims and non-conformity is regulated in detail by the Consumer Protection Act (ZVPot-1).
In the event of successive or simultaneous withdrawals clearly indicating abuse of the withdrawal right, the consumer is liable for damages in accordance with general rules of the Obligations Code.

The seller may withhold the refund until the returned goods are received or until proof is provided that the consumer has sent the goods back.

The consumer is liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods; therefore, it is recommended that the goods be unused, undamaged, in the original quantity, and in the original packaging (especially to protect the goods during return). To avoid disputes and ensure withdrawal without complications and potential reduction of the refund, please handle items subject to the right of withdrawal as follows: (i) open packaging carefully and keep it unchanged until you are fully certain the item is suitable, and return the item in the original undamaged packaging; (ii) do not intentionally damage items; handle them with special care to avoid damage and scratches; (iii) remove protective film carefully, as careless removal can cause damage; (iv) items must show no signs of use such as dust, hair, scratches, stains, dirt, etc.

The reduction in the value of used goods (beyond testing necessary to establish nature, characteristics, and functioning) amounts to a certain percentage of the regular price of the goods on the date of purchase.

If damage to the goods has occurred due to reasons attributable to the user, the seller is entitled to claim full compensation for the damage from the user in accordance with the fundamental principles of civil liability. The user’s liability for the diminished value may amount up to the full regular retail price of the goods on the date of purchase, depending on the extent of the reduction in value, determined case by case.

The right of withdrawal/return does not apply in the following cases:
• goods or services whose price depends on fluctuations in the markets over which the company has no influence and which may occur within the withdrawal period;
• goods made to the consumer’s precise specifications or clearly personalized;
• goods which, by their nature, are not suitable for return because they are inseparably mixed with other items;
• goods that are perishable or have a short shelf life;
• sealed goods not suitable for return for health protection or hygiene reasons if the consumer has unsealed them after delivery (creams, cosmetics, cosmetic accessories, etc.);
• goods for which the consumer has expressly requested a company visit to perform urgent repairs or maintenance. If, during such a visit, the company provides additional services not expressly requested by the consumer or supplies goods other than replacement parts necessary for maintenance or repair, the consumer has the right to withdraw from the contract in respect of such additional services and goods;
• withdrawal is also not possible for the supply of digital content not supplied on a tangible medium where performance has begun and where the contract obliges the consumer to pay if: (i) the consumer has given prior explicit consent to begin performance during the withdrawal period, (ii) the consumer has acknowledged that doing so results in the loss of the right of withdrawal, and (iii) the company has provided confirmation on paper or, if the consumer agrees, on another durable medium.

12. NON-CONFORMITY OF GOODS

The seller must deliver goods to the consumer in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller delivers goods that meet subjective and objective requirements for conformity and is liable for non-conformities existing at delivery.

Goods are particularly non-conforming with the sales contract when they do not meet the so-called subjective requirements, namely: (i) they do not correspond to the description, type, quantity, and quality and lack functionality, compatibility, interoperability, and other features as set out in the sales contract; (ii) they are not fit for any particular purpose required by the consumer and made known to the seller at the latest at the time of the sales contract, which the seller has accepted; (iii) they are not supplied with all accessories and instructions, including installation instructions, as set out in the sales contract; (iv) they are not updated as specified in the sales contract.
In addition, goods are non-conforming when they do not meet objective requirements, namely when the goods: (i) are not fit for 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 thereof, industry codes of conduct applicable to the sector; (ii) are not of the quality and do not correspond to a sample or model made available by the seller before the sales contract, where appropriate; (iii) are not supplied with accessories including packaging, installation instructions, or other instructions that the consumer may reasonably expect to receive, where appropriate; and (iv) are not of the quantity and do not have the qualities and other features, including in relation to durability, functionality, compatibility, and safety, which are customary for goods of the same type and which the consumer may reasonably expect given the nature of the goods and considering any public statements made in advertising or labelling by or on behalf of the seller or others in the contractual chain, including the manufacturer, unless the seller proves that: (1) they were not aware and could not reasonably have been aware of the public statement; (2) the public statement was corrected before conclusion of the sales contract in the same or a comparable manner; or (3) the public statement could not have influenced the decision to purchase the goods.
Goods with digital elements are also non-conforming if the seller does not ensure that the consumer is informed about updates, including security updates, necessary to keep the goods with digital elements in conformity, and such updates are not supplied during: (i) the period the consumer may reasonably expect having regard to the type and purpose of the goods and digital elements and the circumstances and nature of the contract, where the sales contract provides for a one-off supply of digital content or a digital service; or (ii) two years from delivery of the goods with digital elements, where the sales contract provides for continuous supply of digital content or a digital service for a specified period; or (iii) the period in which digital content or a digital service must be supplied under the sales contract, where the contract provides for continuous supply longer than two years.

Where the consumer does not install the updates supplied within a reasonable time, the seller is not liable for non-conformity resulting solely from the lack of such update, provided that: (i) the seller informed the consumer of the availability of the update and the consequences of failing to install it; and (ii) the reason for not installing or for incorrectly installing the update was not due to deficient installation instructions provided to the consumer.

Digital content or a digital service is not in conformity with the contract for the supply of digital content or a digital service where it fails to meet subjective requirements, meaning that: (i) it does not correspond to the description, type, quantity, and quality and lacks functionality, compatibility, interoperability, and other features as set out in the contract; (ii) it is not fit for any particular purpose required by the consumer and made known to the seller at the latest at the time of the contract, which the seller accepted; (iii) it is not supplied with all accessories and instructions, including installation instructions, as agreed; (iv) it is not updated as specified in the contract.
In addition, digital content or a digital service is non-conforming where it fails to meet objective requirements, namely: (i) it is not fit for the purposes for which digital content or digital services of the same type are normally used, taking into account, where appropriate, other regulations, technical standards, or industry codes of conduct applicable to the sector where no technical standards exist; (ii) it is not supplied with all accessories and instructions the consumer may reasonably expect to receive, where appropriate; (iii) it is not in conformity with any trial version or preview made available by the company prior to conclusion of the contract; and (iv) it is not of the quantity and does not have the qualities and performance features, including functionality, compatibility, accessibility, continuity, and security, customary for digital content or services of the same type and which the consumer can reasonably expect given the nature thereof and considering any public statements made in advertising or labelling by or on behalf of the company or others in the contractual chain, including the manufacturer, unless the company proves that: (1) it was not aware and could not reasonably have been expected to be aware of the statement; (2) the statement was corrected before conclusion of the contract in the same or a comparable manner; or (3) the statement could not have influenced the decision to purchase the digital content or service.

Updates to digital content or a digital service are non-conforming if the company does not ensure that the consumer is informed about updates, including security updates, necessary to keep the digital content or service in conformity with the contract.

13. INFORMATION ON THE COMPLAINT PROCEDURE

In accordance with applicable consumer protection legislation (ZVPot-1), the website operator, as the owner of the website, strives for efficient resolution of consumer complaints. A client may submit a complaint: (i) in writing by email to info@perut.net; (ii) in writing to: Luka Felicijan s.p., Ribarjeva ulica 5, 3000 Celje.

Appropriately trained professional staff will review the complaint as soon as possible and no later than within 5 days and will send the complainant a response with appropriate explanations to their email or postal address.

The complainant has the right to appeal against the operator’s response. An appeal may be lodged within 8 days of receiving the response via the complaint channels described above. The website operator will send a response to the appeal no later than 8 days thereafter, thereby concluding the complaint procedure. If the client is not satisfied with the final resolution, they may file a lawsuit with the competent court.

14. OUT-OF-COURT CONSUMER DISPUTE RESOLUTION

In accordance with applicable legislation, the website operator does not recognize any provider of out-of-court consumer dispute resolution as competent for resolving a consumer dispute that a consumer may initiate under the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS).

As a provider of goods and services engaged in online commerce and sales in the Republic of Slovenia, the website operator publishes an electronic link to the

Online Dispute Resolution (ODR) platform on its website. The platform is available to consumers at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

All of the above complies with ZIsRPS and Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

15. DISCLAIMER / LIMITATION OF LIABILITY

The website operator strives to publish all information on the website promptly and accurately. Despite continuous monitoring of proper operation, any technical error or outage in technological equipment may cause an error displayed on the website. If a user believes information is displayed incorrectly, they may notify us at info@perut.net.

The website operator is not liable for occasional downtime of the site. We apologize in advance for any errors. The operator reserves the right to withdraw from the contract in the event of obvious errors. An obvious error is considered an error in the essential characteristics of the item and all mistakes that, under common legal rules or commercial practice or the parties’ intent, are deemed essential and which the operator, had it known, would not have confirmed or concluded the contract with the client, including obvious price errors.

16. NOTICE

All products and services published on the website only complement traditional forms of therapeutic approaches, counselling, or treatment and can in no way replace them.

17. VALIDITY OF THE TERMS AND CONDITIONS

These Terms come into force on 3 January 2025 for website users and other users or buyers who purchase goods or services on or after this date.
Upon the entry into force of these Terms and Conditions, all previous terms cease to be valid.