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Terms of business


GENERAL TERMS AND CONDITIONS OF BUSINESS

The general terms and conditions of the PokePower online store are in accordance with the Consumer Protection Act (ZVPot-1), the recommendations of the Chamber of Commerce and Industry of Slovenia and international e-commerce codes.

The company PokePower d.o.o. (hereinafter: the seller) operates as an online store .

These general terms and conditions determine the operation of the PokePower website, the rights and obligations of the user or buyer and the provider (PokePower), and regulate the business relationship between PokePower and the buyer, in the event that the buyer is a business entity (companies and other legal entities that perform gainful activities and sole proprietors).

The PokePower online store offers official, licensed and originally packaged products, as well as some original products.

PokePower d.o.o.
Glonarjeva ulica 4
1000 Ljubljana
VAT ID: SI13083775 (the company is a taxpayer)
Registration number: 9808531000

Business account opened at Delavska hranilnica d.d., Ljubljana: SI56 6100 0002 9881 197
SKD: G47.910 – Retail trade by mail order or via the Internet
Date of entry in the court register: 11. 12. 2024

Information accessibility

The Seller undertakes to provide the Buyer with the following information at any time:

  • company identity (company name and registered office, registration number),
  • contact information that allows the user to communicate with the provider,
  • essential characteristics of the goods,
  • conditions, costs and possible methods of delivery of goods,
  • clearly and unambiguously set prices,
  • possible payment methods,
  • the validity period of the offer and the conditions and deadlines for withdrawing from the contract,
  • appeal procedure.

The General Terms and Conditions are valid on all pages of the online store and come into force as soon as you enter it. We reserve the right to make any changes, partial or complete, to any part of the General Terms and Conditions without special notice. The changes are valid from the moment of publication. We do not guarantee the accuracy and completeness of the data on the pages of the online store, nor do we guarantee the accuracy and completeness of the text and image material. The photo and the actual appearance of the item may differ. By confirming the order, each buyer agrees to the terms of business and use.

Acceptance of the general terms and conditions of the online store for legal entities

The sale or purchase of goods via the PokePower website for legal entities is carried out in accordance with these general terms and conditions. Acceptance of these general terms and conditions of wholesale is a condition for concluding a business relationship between the provider and the buyer. The buyer is bound by the general terms and conditions throughout the entire business relationship with the provider and upon entering into a business relationship with the provider, he expressly agrees to them. The buyer is bound by the general terms and conditions that are valid at the time of concluding the business relationship and are available on the provider's website.

    Purchase – applies to consumers

    The purchase order is concluded in Slovenian or English and is binding for the buyer and the seller. Ordering is done online 24 hours a day, every day of the year. After placing the order, the buyer receives a notification by e-mail that the order has been accepted. It lists the products and quantities that the buyer has selected. Accepted orders are considered irrevocable and will be carried out.

    We reserve the right to withdraw from the execution of the order in cases where the ordered products are not in stock and there was a technical or other error when entering the stock. Partial or complete withdrawal from the order may also occur in the event that there was an obvious error in the price list or the order form was not completed in accordance with the general terms and conditions. If the buyer has already paid according to the pro forma invoice, in this case we will transfer the entire purchase price, including delivery costs, to him on the next working day.

    Ordering in the PokePower online store is done in Slovenian via the Internet 24 hours a day, 7 days a week. You can select and order goods from the list of goods on the provider's website. All goods listed on these pages are available while stocks last.

    The purchase process is simple and can be completed as a registered user using a user account or without a user account as a guest by entering the required personal information before placing each individual order.

    A user account allows you to review all placed orders, the ability to collect and use benefits when purchasing, faster online order submission by pre-filling in personal data fields, and other functionalities.

    Placing an order as a guest allows you to place and confirm an online order without a user account, i.e. without registering and logging in with a user account. Obtaining and using the benefits of a logged-in user is not possible if you place an order and make a purchase as a guest.

    Purchase, demand and offer for legal entities

    PokePower (hereinafter referred to as the “Provider”) prepares an informative offer for an individual buyer based on the request. The validity date of the informative offer is stated on the offer itself, which is drawn up in accordance with the point “Delivery times for legal entities” of these General Terms and Conditions. If the buyer agrees with the informative offer, it is considered the final offer.

    If the buyer makes new requests or wants additional items, the provider will prepare a new informative offer. When the buyer confirms the offer, it is considered the final offer, on the basis of which a pro forma invoice with payment terms is prepared. A confirmed offer means the conclusion of a purchase contract. If the buyer does not settle the pro forma invoice by the payment deadline specified on the pro forma invoice, the provider is not obliged to carry out the order based on the issued pro forma invoice and has no obligations towards the buyer.

    If the buyer is late in paying the obligations on the pro forma invoice, this automatically means a delay in the delivery of the products to the buyer for at least the same number of days as the buyer was late in paying. However, the delay may be several days, depending on the availability of the suppliers' capacities. The buyer's obligation, in the event of a late payment, is to inquire about a new delivery date for the goods.

    After submitting the pro forma invoice, the entire order is submitted to the buyer for review by e-mail. The buyer is obliged to review the order and notify the provider of any corrections. When the buyer confirms the order and settles the obligations based on the pro forma invoice, the order is processed by the supplier or manufacturer. Once the order is processed, changes in the processing and cancellation of the order are not possible.

    Liabilities based on a pro forma invoice are considered settled when the funds are visible in the provider's bank account.

    The provider reserves the right to change the offer if a certain supplier no longer supplies products, they cannot be ordered or manufactured. In this case, the buyer will be notified of this before payment.

    PokePower may reject a buyer at any time before the buyer officially accepts the offer if it deems that this could cause business damage to the buyer.

    Order for legal entities and conclusion of a purchase contract

    It is not possible for legal entities to make a purchase via the website by placing an order and then requesting an invoice from the company for the order placed.

    Online sales are intended for end customers.

    Legal entities can opt in to electronic stock notification for the B2B segment and are informed of available quantities via e-newsletter. In the electronic notification, legal entities receive a table with information about items, prices and available quantities.

    The provider allows the buyer to order goods:

    • by email info@poke-power.com


    A contract concluded between the buyer and the provider regarding the purchase of goods via a website or pro forma invoice is considered a distance contract.

    The purchase contract between the provider and the buyer is concluded at the moment of acceptance of the offer. Acceptance of the offer confirms the order. By entering into a legal relationship, the buyer expressly agrees to accept the general terms and conditions provided by the provider. A separate individually concluded contract is required to conclude a purchase contract in a manner or under conditions that deviate from the general terms and conditions.

    The buyer is the person with the information provided when placing the order. It is not possible to change the buyer's information later.

    The purchase order is concluded in Slovenian or English and is binding for the buyer and the seller. After placing the order, the buyer receives a notification by e-mail that the order has been accepted. It lists the products and quantities that the buyer has selected. Accepted orders are considered irrevocable and will be processed. When the order goes to the supplier or manufacturer for further processing, changes in processing and cancellation of the order are not possible.

    If you wish to cancel your order, please notify us within 7 days of placing your order by emailing info@poke-power.com. In the event of cancellation, the buyer will be charged a cancellation fee of 5% of the total order value.

    If the order has already been shipped, cancellation is no longer possible.

    We reserve the right to withdraw from the execution of the order in cases where the ordered products are not in stock and there was a technical or other error when entering the stock. Partial or complete withdrawal from the order may also occur in the event that there was an obvious error in the price list or the order form was not completed in accordance with the general terms and conditions. If the buyer has already paid according to the pro forma invoice, in this case we will transfer the entire purchase price, including delivery costs, to him on the next working day.

    Delivery times

    The delivery time for products in stock is usually 2-10 working days. If the delivery time is exceptionally longer, we will inform you about this on the product page, where the estimated delivery date will be recorded. For products that are not in stock, the delivery time is longer and lasts from 20 days to 30 days or exceptionally even more. We suggest that when ordering products that are not in stock, contact us at shop@poke-power.com and we will be happy to inform you when the desired products will be available.

    Delivery and postage costs

    For purchases from customers in Slovenia and Croatia, we offer free shipping for purchases over €100. For other customers in the European Union, we offer free shipping for purchases over €250, excluding the following islands and territories: Greece, Cyprus, Malta, Greek islands, Portuguese islands and Spanish islands.

    At the end of the purchase, the buyer has the option to choose free shipping if they meet the conditions for this. If the buyer does not choose this option, the shipping cost estimated for delivery to their address will be charged.

    Delivery times for legal entities

    The approximate delivery time is determined by PokePower (hereinafter referred to as the “provider”) based on information from its suppliers and manufacturers. This is the real time for carrying out all activities necessary for the realization and delivery of the order. The provider informs the buyer of the exact delivery time when the order is placed with the supplier and the advance payment is made.

    If the buyer wants the order to be delivered on a specific day, they must inform the provider about this when submitting the request. The provider will enable the desired delivery if this is feasible.

    In the event that the buyer fails to notify the desired delivery date in time or notifies it after the offer has already been confirmed and the order based on the offer is being implemented by the supplier, the delivery date shall be deemed to be the date stated by the provider when placing the order. If the buyer withdraws from the order as a result, the buyer must pay the provider the full amount stated in the final offer or pro forma invoice. In this case, the provider shall not be liable for any damage incurred by the buyer in this regard.

    The provider delivers the ordered goods to the buyer after payment for the ordered goods, as agreed in the offer or on the pro forma invoice. At the buyer's request, the products can be sent via express mail. The costs of the delivery service are covered by the buyer, unless otherwise specified. The delivery time depends on the logistics service. The provider does not guarantee delivery within this period in the event of special circumstances, which are: increased demand from the manufacturer or supplier in the period before the holidays or outside this period, in the event of problems in processing the order, in the event of bad weather conditions and unavailability of transport, and in the event of other unpredictable factors.

    In the event of extraordinary circumstances that are not the fault of the provider, for example, in cases where the supplier does not deliver the goods to the provider on time, the provider will inform the buyer of the reasons for the delay and of the extended delivery deadline with the specified delivery date.

    In the event of a change in the delivery date of the order, the provider shall notify the buyer of the change as soon as it becomes aware of it. If the provider is not aware of the change and does not learn of it from the supplier or delivery service or otherwise disposes of it, it is not obliged to notify the buyer of the change.

    If the buyer is late in delivering the materials necessary for the project or feedback, the provider is not liable for the delay in delivery within the stated delivery timeframe in the offer and any damage incurred by the buyer.

    Delivery times may change daily due to an increased number of orders, approaching holidays and other special events, of which the provider will inform the buyer in a timely manner.

    If the supplier no longer accepts orders with a specific delivery date due to increased demand, the provider is not obliged to accept the order with that delivery date. The products will be delivered at the earliest possible date.

    The risk of loss or damage to the shipped or delivered goods passes from the provider to the buyer when the goods are taken over by the delivery service. From that moment on, the provider is not liable for any loss, defects or damage that occurs between the moment the goods are accepted for transport and the moment they are delivered to the buyer.

    If the buyer undertakes to take delivery of the goods in person, the risk of accidental loss or damage to the goods passes to the buyer at the moment of receipt of the goods (at the agreed time), even if the buyer does not take delivery of the goods within the agreed time.

    Purchase process

    By clicking on the (Add to cart) button, you add the items to your cart. Here you will find out the total purchase amount and the shipping cost. When you have finished collecting the items, enter the order details, your personal data and you are now in the order submission phase. When purchasing, you must agree to the general terms and conditions. Please be careful when entering your data. Check once again the correctness of your submitted data, the items you will order, if their specifications are correct and complete the purchase by clicking on the order submission button. You will receive a notification about your purchase to your email, which is also a confirmation that we have received your order. When your order has been processed and shipped, we will notify you by email. The contract for the purchase of the ordered items between the buyer and the seller is irrevocably concluded at this stage.

    Purchase of services - PSA card evaluation

    We send cards for evaluation every month, on the fifth day of the month. The card you want to send for evaluation must arrive at our address no later than the fourth day of the month, otherwise it will be sent in the following month. The cost of sending the card to us is your responsibility. You can also deliver the card in person to our address for personal collection of shipments by prior arrangement.

    Due to various reasons (logistics, increased workload of the PSA company), the return date may be extended. When the card is returned from the evaluation, we will notify you and return it to you, according to the selected delivery method within your order.

    The stated price includes customs clearance, shipping for assessment, insurance and PSA assessment. There are no additional costs afterwards, unless your ticket is worth more than the maximum allowed value prescribed for this package. In this case, the buyer pays the difference.

    By submitting cards for PSA evaluation, the buyer agrees to the PSA Terms and Conditions and the PokePower Terms and Conditions. Neither company assumes any liability for injury or damage to items resulting from a broken holder. Likewise, the companies are not responsible for damage to items that occurs when those items are not under the control of PSA or PokePower, for example during shipping.

    PSA will endeavor to evaluate items within the timeframe, if any, available as part of PSA's evaluation service. However, PSA will have no liability to the customer for incidental or consequential damages arising from PSA's failure to evaluate any item within any timeframe.

    PokePower bears no responsibility for the services provided by PSA, as in the case of sending cards for evaluation, the provider acts as your agent and sends the cards to PSA for evaluation.

    Special conditions for the Booster Pack Live Opening item

    By purchasing the Booster Pack Live Opening item, the customer agrees to the following terms and conditions:

    1. Live opening

    • Ordered booster packs will be opened live during the official live stream on a platform designated by PokePower doo.
    • Live streaming and recordings of booster packs being opened are public content. The customer agrees that PokePower doo may use the recordings for promotional, archival or other commercial purposes.

    2. Card delivery

    • All tickets opened during the live stream will be sent to the address provided by the customer when placing the order.
    • Booster pack wrappers will be discarded after opening.

    3. Card protection

    • Higher value cards will be protected with plastic sleeves and/or a toploader.
    • Other cards (bulk, reverse and holo) will be wrapped in a plastic bag for protection during shipping.

    4. Order cancellation

    • Cancellation of an order that includes booster packs for the live opening is possible up to 24 hours before the official start of the live broadcast.
    • Later cancellations are not possible, as this is a live service and is considered fully completed upon opening.
    • Once the order has been placed, it is no longer possible to cancel or request a refund, as the service has already been performed.

    5. Randomness of booster pack content

    • The customer is aware that the content of booster packs is based on a random system.
      PokePower doo does not guarantee that the customer will receive a higher value card or any specific card they desire.
    • PokePower doo is not responsible for the customer's expectations regarding the content of opened packages.

    6. Complaints and irregularities

    • Complaints regarding the contents of booster packs are not possible, as they are originally sealed products from the manufacturer and PokePower doo cannot influence their contents.
    • If there is an error in shipping (e.g. missing cards or incorrectly sent cards), the customer must file a complaint within 7 days of receiving the shipment.
    • Complaints after this deadline will no longer be considered unless the customer proves that the defect was not visible upon receipt.

    7. Responsibility for delivery

    • PokePower doo is responsible for the shipment until the customer picks it up.
      If the shipment is lost or damaged during delivery, PokePower doo will work with the delivery service to try to find a solution.
    • The customer may choose insured shipping, if available, to further protect their shipment.
    • If the customer notices damage to the package upon receipt, they must immediately notify the delivery service and PokePower doo.

    8. Force majeure and technical difficulties

    • In the event of technical problems that would prevent the live broadcast, PokePower doo reserves the right to postpone the opening to another date, of which it will inform customers.
    • If the opening cannot be carried out due to force majeure (e.g. natural disaster, platform outage, internet problems), PokePower doo will offer an alternative solution or a refund.

    9. Final provisions

    • By purchasing this item, the customer agrees to all of the above terms and conditions and waives any claims regarding dissatisfaction with the contents of the booster packs.
    • Any disputes will be resolved amicably between the customer and PokePower doo. If this is not possible, the competent court in the place of the registered office of PokePower doo shall have jurisdiction, in accordance with Slovenian law.
    • The customer has the right to out-of-court dispute resolution through the European Online Dispute Resolution (ODR) platform, which is accessible at https://ec.europa.eu/consumers/odr.

    Registration and login

    There is no need to register or log in to the PokePower online store. To make a purchase, you just need to enter the correct information when placing the order.

    Prices

    All prices are expressed in EUR (euros). Prices are valid at the moment of order confirmation (purchase completion). Prices are valid in case of payment with the above-mentioned payment methods, under the above-mentioned conditions. Prices are valid only for purchases through the PokePower online store. In the event that the price of the item changes during the processing of the order, the seller will notify the buyer. The seller will try his best in every case to provide the buyer with a lower price or. offer an appropriate solution that will be to both parties' satisfaction. All product prices in the PokePower online store are final prices.

    Payment methods

    If the delivery location is Slovenia, customers can pay for their order upon receipt, by credit card, by direct bank transfer or PayPal. For locations outside Slovenia, payments are possible by credit card or by direct bank transfer. Only a one-time payment is possible. Please let us know if you have not received any notification from us and more than three business days have passed since the purchase.

    Cash on delivery

    Cash on delivery is available exclusively for addresses in Slovenia and only for orders up to a value of EUR 200.00. After selecting the “cash on delivery” option and placing your order, you will receive a confirmation of receipt of your order by email, followed by delivery within the agreed deadline. You pay the purchase price for the ordered product to the delivery service upon collection, to a Parcel Machine or to a Parcel Shop. If you are not at home at the time of delivery, the delivery service will leave you a notification that the package has arrived.

    For orders over EUR 200.00 for addresses in Slovenia, cash on delivery is not possible. In these cases, we recommend using a card, bank transfer or other available form of prepayment.

    Cash on delivery is not available for addresses outside Slovenia. For international orders, payment is only possible by card, bank transfer or other available form of prepayment.

    In case of non-compliance with the conditions, we reserve the right to cancel the order or request a change in the payment method.

    Payment by direct bank transaction

    After selecting the “direct bank transaction” option and placing your order, you will receive payment details via pro forma invoice. We will process your order after receiving the payment to our transaction account. For faster processing, you can notify us with proof of payment at shop@poke-power.com after payment has been made. If you cannot find the payment details, please contact us at shop@poke-power.com.

    Please write your order number in the payment note.

    All orders that are not paid for within 7 days of submission will be automatically canceled.

    Payment by credit card

    After selecting the “credit card” option and placing your order, you will receive an order confirmation by email, followed by delivery within the agreed deadline. You pay for the ordered product by entering the necessary credit card details, which will be debited for the purchase amount. In the case of payment by credit card, the payer (data in the user profile) must be the same person or organization that owns the payment or credit card. In the case of payment by credit card, after placing the order, it is not possible to change the content of the order or the final amount of the order, except in special cases specified by the provider.

    Payment with PayPal

    You can also purchase with PayPal. You pay for the ordered product by selecting the “PayPal” payment method and entering your username and password. You do not need to enter your card details. The system will securely debit your funds. Payment transactions with PayPal are completed within a few minutes.

    Payment by invoice – applies only to legal entities

    After the submitted inquiry, the provider will prepare an informative offer for the submitted inquiry and forward it to the buyer for review. If the buyer agrees with the informative offer, it is considered the final offer, on the basis of which a pro forma invoice with payment terms is prepared. A confirmed offer means the conclusion of a purchase contract. If the buyer does not settle the pro forma invoice obligation by the payment deadline specified on the pro forma invoice, the provider is not obliged to carry out the order on the basis of the issued pro forma invoice and has no obligations to the buyer.

    Outstanding customer liabilities

    In the event that the consumer or buyer has outstanding obligations with the provider, in the case of a new order, he is obliged to pay the outstanding obligations so far and pay the current order in the amount of 100% of the advance payment according to the pro forma invoice, unless otherwise stated. The same applies to legal entities that generally have poor payment discipline, blocked accounts or accounts opened only abroad, and buyers with a poor credit rating.

    The above provision also applies to consumers and buyers who have already been late with payment or unjustifiably cancelled the order, had unfounded complaints, and in any way caused business damage to the provider with additional work that was not specified when placing the order and set out in the offer.

    The final prices are those based on the estimate and the final offer, and not the prices in the informative offer, if it has subsequently changed.

    The buyer is aware that the provider is the exclusive owner of the products that are the subject of the purchase until the buyer pays for the products.

    Issuance of invoice

    The seller must issue an invoice for the supply of goods or services and hand it over to the buyer. The PokePower online store issues an invoice after the order is completed or after the ordered goods are handed over to the courier and delivery service.

    An invoice in PDF format is created for the customer. The invoice is sent to the email address provided by the customer during the order process upon completion of the order. The customer receives an invoice for each separate order.

    The invoice details the price and all costs related to the purchase, as specified in the offer or contract.

    The buyer is obliged to check the correctness of the data before placing an order. The provider will not take into account any objections raised later regarding the correctness of the invoices issued regarding the buyer's data.

    Delivery

    Delivery will be provided by the delivery service. The delivery cost is calculated before payment is made. After receiving the delivered goods, you will also receive an original invoice with all order details in electronic form to the registered e-mail address. The seller is not responsible for delays on the part of the postal service provider or for damage to the packaging. The buyer should inspect the received goods immediately and, in the event of any damage, immediately contact the courier service provider, where they will draw up a report on the damage to the shipment together with the customer.

    Personal pickup

    Personal product pickup, event participation, and other services are possible in our physical space according to a predetermined schedule published on our website or social media.

    Customers are allowed to pick up products in person at the following location: PokePower d.o.o., Glonarjeva ulica 4, 1000 Ljubljana, Slovenija

    Personal pickup is possible during the opening hours of the branch:
    Monday–Friday: 15:00–19:00
    Saturday: 11:00–15:00
    Sundays and holidays: closed

    In the event of reduced working hours or closure on an extraordinary day, we will inform customers in a timely manner via the website or contact details provided in the order. Personal collection is only possible for orders for which “personal collection” has been selected and after confirmation that the order is ready.

    Order cancellation

    If you wish to cancel your order, please notify us as soon as possible after placing your order by emailing shop@poke-power.com. If the order has already been shipped, cancellation is no longer possible.

    If you have already paid for the order, the funds will be refunded to the payment method you used to make the purchase (except in the case of a bank transfer, where the amount is returned to the transaction account).

    Purchase restrictions

    Due to limited stock and high demand, we reserve the right to limit the quantity of certain products that an individual customer can order. These restrictions are in place to ensure fair availability of products to all our customers.

    If a customer places multiple orders for the same product, thereby exceeding a certain purchase limit, we reserve the right to cancel these orders.

    We are committed to preventing resale and ensuring equal opportunities for all collectors and players.

    Events, tickets and space use


    1.1 Service description

    In addition to its online store, PokePower doo also organizes events and activities in a physical space, where the following take place:

    • selling tickets for entry to an event (e.g. tournaments, game nights, promotional events),
    • rental of playing cards and other gaming accessories,
    • organization of tournaments and similar activities.

    1.2 Purchase and validity of tickets

    • Tickets for events can be purchased at the location or online, if available.
    • The purchase of a ticket is final and binding; a refund is only possible in the event of cancellation of the event by the organizer.
    • The ticket is valid for a specific event date, unless it is a general ticket.
    • Tickets are not subject to the 14-day right of withdrawal unless the organizer cancels the event.
    • Ticket exchange is possible by prior arrangement with the organizer, if there are still enough free seats available on the other selected date. Exchange is not guaranteed and depends on availability.

    1.3 Map and equipment rental

    • Users can rent or borrow playing cards or other equipment for a certain period of time upon entering the card room.
    • Rental is only possible with advance payment (at the kiosk).
    • The user is obliged to return the borrowed items in the same condition as they were received.
    • In the event of damage, destruction or loss, PokePower doo reserves the right to charge compensation in the amount of the market price of the product or its repair.

    1.4 Responsibility

    • Participation in events and use of the space is at your own risk.
    • The organizer reserves the right to refuse entry or remove any visitor who violates the rules of conduct or disrupts the course of the event.
    • PokePower doo is not responsible for personal items lost or damaged during events.

    1.5 House rules and rules of conduct

    • It is prohibited in the premises:
      1. smoking,
      2. consumption of alcohol or illegal substances,
      3. inappropriate behavior, violence or any kind of harassment.
    • Participants are obliged to follow the instructions of the staff and the organizer.
    • Violations may lead to removal without refund.

    1.6 Image and video recording

    • Filming for promotional purposes is possible during events.
    • Upon entering the event, the participant agrees to be photographed or filmed for the purpose of documenting and promoting PokePower doo events.
    • The participant may explicitly refuse to have their image taken upon entry - in which case we will do our best to respect their wish.

    1.7 Event cancellation and ticket refund

    • If the organizer cancels the event, purchased tickets will be refunded or exchanged.
    • If the event is taking place, ticket refunds are not possible.

    Return of goods and complaints

    In accordance with the provisions of Article 43 of the Consumer Protection Act (ZvPot), the consumer has the right to notify the company of his withdrawal from the order/contract within fourteen (14) days of receipt of the goods, to the contact email address info@poke-power.com, without having to state the reason for his decision.

    The right to withdraw from the contract within 14 days of receipt of the goods applies only to consumers. This means that buyers who are legal entities and natural persons engaged in gainful activity, regardless of their legal organizational form or ownership, do not have the right to withdraw from the contract.

    A buyer who has made a purchase as a legal entity may return an item to the provider for exchange only in the event of a justified complaint confirmed by the provider and if all conditions for exercising a complaint are met. If these conditions are not met, the provider is not obliged to make a complaint and has no obligations to the buyer in this regard.

    Withdrawal from the contract – applies only to consumers

    As a consumer buyer (hereinafter defined as the right to withdraw from the contract in accordance with the applicable Consumer Protection Act, only buyers who are considered consumers have the right to withdraw from the contract within 14 days, without having to state a reason for your decision. To exercise the right to withdraw from the contract, the consumer must inform the provider of his decision to withdraw from the contract with an unambiguous statement.

    The period for withdrawal from the contract for the purchase of goods begins on the day when:

    • the consumer or a third party other than the carrier and designated by the consumer acquires actual possession of the goods,
    • the consumer or a third party other than the carrier and designated by the consumer acquires possession of the last item of goods if the subject of the contract is several items of goods ordered by the consumer in one order,
    • the consumer or a third party other than the carrier and designated by the consumer acquires possession of the last shipment or piece of goods, if the delivery of goods consists of several shipments or pieces,
    • the consumer or a third party other than the carrier and designated by the consumer acquires actual possession of the first item of goods if the delivery of the goods is regular within a certain period,
    • on the date of conclusion of the contract, if the subject of the contract is the provision of services or the supply of digital content that is not recorded on a tangible medium.

    The consumer is deemed to have submitted the withdrawal statement on time if, in the case of the purchase of goods, he sends it within 14 days of receiving the goods that are designated for withdrawal from the contract, and in the case of a service, within 14 days of concluding the contract.

    You can communicate your withdrawal from the contract by sending an unambiguous statement of withdrawal from the contract, with an attached copy of the documents that were included with the delivery of the item and prove the identity of the item and the buyer, to the email address info@poke-power.com. In order to provide evidence of withdrawal from the contract, we recommend that the buyer submit a written statement of withdrawal.

    The cost of returning items is borne by the consumer. The cost of returning an item that, due to its nature, cannot be returned by mail is borne by the consumer and is calculated in accordance with the currently valid price list of the selected provider.

    The items must be returned to the provider no later than 14 days after the notification of withdrawal from the contract. The consumer is liable for the reduced value of the item if the reduction in value is the result of conduct that is not strictly necessary to establish the nature, characteristics and functioning of the item. The consumer's liability for the reduced value of the item may amount to the full regular retail price of the item on the day of purchase of the item, which is determined for each individual case. Due to the stated liability for the reduction in the value of the item, we recommend that the consumer returns the item for which withdrawal from the contract is claimed undamaged, unused and in the same quantity and in the original packaging, so that the item is not damaged during transport. The provider will ask the consumer to pay the specified reduced value of the item.

    You can return the items, along with the appropriate documentation and proof of payment, by mail to the company address or another agreed upon address:
    PokePower d.o.o., Glonarjeva ulica 4, 1000 Ljubljana, Slovenija

    When returning an item, a written explanation must be submitted along with the item stating that the item is being returned due to withdrawal from the contract. It is easiest to enclose a copy of the written statement with the returned item and a copy of the invoice or other proof of purchase.

    If you are returning the item by mail, protect it appropriately and prepare it for safe transport. It is easiest to protect the item with the original packaging or packaging that can protect the item as effectively as the original packaging, in order to avoid damage during transport, as the buyer is responsible for damage to the item from the time the item is received until the moment the item is returned to the provider at PokePower d.o.o., Glonarjeva ulica 4, 1000 Ljubljana Slovenija or another agreed address.

    The return shipment of the returned goods to the company's headquarters must be sent as a tracked shipment within 30 days. The only cost borne by the consumer in connection with the withdrawal from the contract is the direct cost of returning the goods. The products must be unused, undamaged and in their original packaging with all accompanying documentation.

    The provider is not obliged to accept shipments with a ransom or shipments that do not comply with the provider's general terms and conditions. In the event of a justified complaint, the buyer has the option to exchange the product for the same or similar one, exchange it for another one from the offer, or decide to have the purchase price paid and transferred to his transaction account.

    Upon receipt of unused, undamaged goods in the same quantity and in the original packaging, we will refund your purchase price in accordance with the law (as soon as possible, but no later than 14 days after receipt of the goods).

    The right to withdraw from the contract does not apply to the following contracts:

    • on goods or services whose price depends on fluctuations in the markets over which the provider has no influence and which may occur during the withdrawal period from the contract;
    • on the supply of goods which, due to their nature, are inseparably mixed with other items;
    • on the delivery of sealed goods, if the consumer opened the security seal after delivery;
    • on the provision of services, if the provider fully fulfills the contract and the provision of the service began on the basis of the consumer's express prior consent and with the consent that he loses the right to withdraw from the contract when the provider fully fulfills it.

    The provider may refuse the buyer's order or, despite confirming the order, withdraw from the concluded distance purchase contract if it is determined that the buyer is abusing the right to withdraw from the contract.

    For tickets and equipment rentals, withdrawal from the contract is not possible unless the event is cancelled by the organizer or the rental is not delivered for objective reasons. In the event of event cancellation, the refund will be made within 14 days from the date of notification.

    Warranty

    Products have a warranty if stated so on the warranty card or invoice. The warranty is valid subject to the instructions on the warranty card and upon presentation of the invoice. The warranty periods are stated on the warranty cards or invoice.

    Warranty information is also listed on the product presentation page. If there is no warranty information, the product does not have a warranty or the information is currently unknown. In the latter case, the buyer can contact the provider, who will provide up-to-date information. In the event of a warranty claim, please contact us at the following e-mail address: info@poke-power.com.

    Complaints upon delivery

    Complaints and claims regarding damage to items and/or packaging that occurred during transport can be reported directly to the delivery person upon receipt of the ordered goods upon delivery of the item to the door of the facility. This will make it easier to determine responsibility for damage caused by transport. In any case, we advise you to take photos of the package upon receipt from several angles, especially if you suspect from the outside that the goods may have been damaged inside. In such cases, we also recommend that you keep the original transport packaging, just in case, at least until the product is found to be flawless. This way, you can significantly influence the speed of resolving the complaint.

    Complaints and disputes

    The Provider complies with applicable consumer protection legislation. The Provider makes every effort to fulfill its obligation to establish an effective complaints handling system and to designate a person with whom the Buyer can contact by e-mail in case of problems. The complaint is submitted via e-mail to info@poke-power.com. The complaint handling process is confidential.

    The Provider is aware that the essential characteristic of a consumer dispute, at least as far as judicial resolution is concerned, is its disproportionality between the economic value of the claim and the costs incurred in resolving the dispute itself. This is also the main obstacle to the consumer not initiating a dispute in court. Therefore, the Provider makes every effort to resolve any disputes amicably.

    Dispute resolution

    The agreement on acceptance of these general terms and conditions is concluded in Ljubljana, Republic of Slovenia. The law of the Republic of Slovenia shall apply exclusively to disputes arising from the use of the website services. All parties to the agreement, regardless of their actual geographical location, nationality or affiliation, agree that within the framework of this service they are bound exclusively by the law of the Republic of Slovenia. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply to disputes relating to this agreement. The court in Ljubljana shall have exclusive jurisdiction over all disputes and legal proceedings relating to this agreement, the use of the service and the operation of the service.

    PokePower processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: General Data Protection Regulation) and national personal data protection regulations.

    The PokePower online store uses appropriate technological and organizational means to protect the transmission and storage of personal data, orders and payments. The purchase agreement (order) is stored in electronic form on the provider's server.

    PokePower is committed to the permanent protection of all personal data of the user. The provider will use personal data exclusively for the purpose of fulfilling the order (sending information materials, offers, invoices) and other necessary communication. Only authorized persons of our company have access to the data. The website provider reserves the right to disclose data when disclosure is required by law or when it is necessary to protect the legal rights of other persons.

    Security and privacy

    All transmitted data is protected from third-party intrusion, which ensures you have a worry-free and smooth business with our company. PokePower provides all the necessary technological and organizational solutions for complete purchase security.

    The transmission of sensitive and transactional data on the website is carried out in a secure manner using the SSL (Secure Sockets Layer) protocol. The data is encrypted and transmitted to our server in a protected form. This system prevents anyone from intercepting your personal and transactional data that you send to the online store.

    Secure card authorizations and transactions are handled and facilitated by Stripe. Card authorizations are performed in real time with immediate verification of data in the banking system.

    We also ensure the safety of your purchase by complying with all applicable legal obligations and recommendations from the Slovenian and international consumer associations.

    Types of personal data, basis and purpose of processing – applies only to registered users

    To register or create a user account, the user must provide their personal data to the PokePower online store, including their name, surname, email address, password, and optional telephone number.

    The PokePower online store will process customers' personal data for the purpose of:

    • contacting the user for the purposes of uninterrupted use of goods or services that are the subject of these General Terms and Conditions,
    • providing goods or services that are subject to general terms and conditions and concluding a contract with the user,
    • user registration,
    • user identity verification,
    • execution and review of payment transactions, possible discrepancies in the execution of payments and related abuses and other violations of these General Terms and Conditions.

    The PokePower online store will process customer data for other purposes, provided that the user has provided consent for such other data processing purposes:

    • profiling users to prepare personalized offers of their goods and services through the use of email address, SMS, MMS, telephone or traditional mail,
    • for direct marketing regarding offers of goods and services, special sales, benefits, and other changes or innovations,
    • conducting market research on the quality of products and services and the need for additional products or services.

    When a registered user makes an individual purchase in the PokePower online store, data on the purchased products or services, regular price, discounted price, savings, benefits obtained or used and other benefits obtained, availability of goods, time of purchase, payment methods, credits, data on collection at the point of sale and data on the time and place of collection, name and surname of the recipient (if different from the registered user who placed the order), data on the time and place of delivery, price for payment, payment method and order number. PokePower processes this data for the purpose of fulfilling contractual obligations in the PokePower online store.

    If an individual does not provide appropriate consent for such processing, the PokePower online store processes this data anonymously, in addition to the purposes already mentioned, also for the purpose of analyzing and studying shopping habits, for the purpose of optimizing the offer and costs, and increasing customer satisfaction.

    Types of personal data, basis and purpose of processing – applies only to guests

    In the case of a purchase as a guest, the latter must provide the PokePower online store with their personal data: name, surname, telephone number, permanent or temporary residence address, and email address.

    The PokePower online store will process customers' personal data for the purpose of:

    • contacting the guest for the purposes of uninterrupted provision of services that are subject to these terms and conditions,
    • o providing goods or services that are the subject of these terms and conditions and concluding a contract with the guest,
    • o executing and reviewing payment transactions, any discrepancies in the execution of payments and related abuses and other violations of these terms and conditions.

    In connection with the execution of a purchase as a guest, PokePower also processes your agreement to these terms and conditions. For the purpose of proving your familiarity with these terms and conditions, PokePower processes the confirmation, the time of confirmation and the IP address.

    When a guest makes an individual purchase through the PokePower online store, PokePower also processes data on the purchased products or services, regular price, discounted price, savings, benefits obtained or used, availability of goods, time of purchase, payment methods, credits, data on collection at the point of sale and data on the time and place of collection, name and surname of the recipient (if different from the registered user who placed the order), data on the time and place of delivery, price to be paid, payment method and order number. PokePower processes this data for the purpose of fulfilling contractual obligations in the PokePower online store.

    Types of personal data, basis and purpose of processing – applies only to consumers

    For the purpose of complying with legal obligations relating to the consumer's right to withdraw from the contract, PokePower processes the following personal data on the basis of the applicable Consumer Protection Act: name, surname, street, city and postcode, telephone, e-mail, bank account number, order number, date of receipt of goods, goods for which the contract is being withdrawn.

    For the purpose of complying with legal obligations relating to the consumer's right to make a complaint, PokePower processes the following personal data on the basis of the applicable Consumer Protection Act: name, surname, street, city and postcode, telephone, e-mail, bank account number, order number, date of receipt of goods, date of discovery of the defect, date of return of goods, date of making a complaint, description of the defect, customer request.

    Types of personal data, basis and purpose of processing – applies to all users

    For the purposes of identifying the user in the cases referred to in the previous points of these terms and conditions, the authorized contractual partner will be able to look at the user's personal document, but will not record the data.

    PokePower may also process all of the aforementioned data in pseudonymized form, as well as the user's assessment of the experience in the PokePower online store, based on legitimate interest, for the purpose of analyzing and studying shopping habits, which it does with the aim of optimizing the offer and costs and increasing customer satisfaction.

    User rights

    The user may at any time request confirmation of whether PokePower processes his/her personal data and information about this personal data, has the right to receive this personal data and the right to transmit it to another controller. The user may request the restriction of the processing of personal data, object to the processing of personal data and automated decision-making, including profiling, revoke the consent given for the processing of personal data provided on the basis of consent, request corrections or. completion or deletion of personal data. All of the above rights may be exercised under the conditions and to the extent set out in Articles 15 to 22 of the General Data Protection Regulation.

    Regardless of the exercise of the right to erasure referred to in the previous paragraph, personal data may be processed under other legal bases if there is another legal basis for processing in accordance with Article 6 of the General Data Protection Regulation within this basis (e.g. it is not possible to delete data that PokePower processes on the basis of tax legislation or another contract concluded by PokePower with the user, etc.).

    The user can make a request to exercise the rights referred to in the first paragraph of this point by sending a written request to the address PokePower d.o.o., Glonarjeva ulica 4, 1000 Ljubljana, Slovenija.

    When exercising the user's rights to object to data processing, withdraw consent, request restriction of processing or deletion of personal data that result in preventing the user from being notified, PokePower will prevent notification no later than 15 days from receiving the objection or changing the user's settings. If the notification campaign was prepared before the objection or changing the settings was processed, there is a possibility that the user will still receive the last notification. PokePower will ensure the exercise of the remaining rights within the deadlines required by applicable personal data protection legislation.

    Users of personal data and export to third parties countries

    PokePower handles personal data with particular care and prevents access by unauthorized persons. In some cases, due to individual cases of processing that PokePower does not perform independently, it is necessary to provide the user's personal data to contractors - external processors who process the data on behalf of, for the account of, on the instructions of and under the supervision of PokePower (distribution partners, advertising agencies, printers, software owners, etc.).

    In addition to external processors, PokePower also transfers the user's personal data to state authorities based on their reasoned written request for the purposes of conducting a specific procedure and at the user's request or based on their written authorization.

    Personal data processed by PokePower on the basis of these Terms of Use are not, in principle, exported to third countries (countries outside the EU and EEA), however, some organizations or companies to which we may disclose your personal data as our processors (e.g. maintainers of software or applications where the data is stored) are based outside the European Union, in countries that may not have laws that protect the right to the protection of personal data in the same way as in the European Union or Slovenia. In these cases, we ensure that appropriate measures are in place to ensure the security of personal data and the fundamental rights and freedoms of individuals, in accordance with applicable national and EU regulations and these Terms of Use, by using the mechanisms provided for, such as binding business rules, standard contractual clauses, approved certification mechanisms, etc.

    Personal data retention period

    Unless otherwise specified in these Terms of Use, PokePower processes personal data until the purpose of the processing is fulfilled or within the limitation periods for obligations that may arise from the processing of such personal data. In cases where the retention period for personal data is determined by law, PokePower stores such personal data in accordance with the statutory order. Personal data obtained on the basis of consent is stored until revocation.

    PokePower processes the following personal data of guests until the order is fulfilled: name, surname, permanent or temporary residence address, telephone number and e-mail address. After the order is fulfilled, PokePower processes the personal data of guests listed in the previous sentence only in relation to the individual order, which can only be accessed by knowing the account number and order number.

    PokePower will not process the personal data of persons who visit the PokePower online store and do not make a purchase and will delete it immediately.

    Cookies are text files that are placed on your computer by a web server. Cookies do not contain any information that can be used to identify you. Cookies help the server know that you have returned to the website, which can be used to customize the website for the user.

    Most browsers automatically accept cookies. If you do not want to accept them or want to be notified before a cookie is placed on your computer, you can do so in your browser settings.

    Legal basis for cookies

    The basis for the message is the amended Electronic Communications Act (Official Gazette No. 109/2012; hereinafter ZEKom-1), which entered into force at the beginning of 2013 and brought new rules regarding the use of cookies and similar technologies for storing information or accessing information stored on the user's computer or mobile device.

    What are cookies?

    Cookies are small files that most websites use to recognize devices. They are essential for the operation of websites, most often to improve the user experience and make the website more user-friendly. Cookies make the interaction between the user and the website faster and easier, and make browsing the website more efficient and enjoyable.

    The storage of cookies on the user's computer is under the full control of the browser used by the user. The browser can limit or disable the storage of cookies if desired. Most websites use cookies. There are several reasons for using cookies, including helping to provide online services (online stores), collecting statistical data on user habits, and helping to customize individual websites. Companies can use cookies to assess the effectiveness of their websites, as well as the relevance of the information they offer to their users.

    The cookies we use on this site follow the guidelines:

    • Information Commissioner of the Republic of Slovenia
    • International Chambers of Commerce

    We know several types of cookies.

    • Strictly necessary cookies.

    These types of cookies enable the use of essential components for the proper functioning of the website. Without these cookies, the services you want to use on this website would not function properly (e.g. login, purchase process, security, etc.).

    • Experience cookies

    These cookies collect data on how users behave on a website in order to improve the website's experience (e.g. which parts of the website they visit most often...). These cookies do not collect information that could identify the user.

    • Functional cookies

    These types of cookies allow the website to remember some of your settings and choices (username, language, region, etc.) and provide advanced, personalized features. These types of cookies may allow you to track your actions on the website.

    • Advertising or targeting cookies

    These types of cookies are most often used by advertising and social networks (third parties) to show you more targeted ads, limit the repetition of ads, or measure the effectiveness of advertising campaigns. These types of cookies can allow you to track your actions online.

    Cookie control

    You decide whether to use cookies. You can always remove cookies and thus remove your online visibility. You can also set most browsers to not accept cookies. We suggest you check your browser settings for information about the capabilities of individual browsers.

    Website and cookie manager
    PokePower d.o.o., Glonarjeva ulica 4, 1000 Ljubljana, Slovenija

    Content published in the PokePower online store may only be used and reproduced for non-commercial purposes, provided that all copyright and related rights notices are retained.

    The provider will strive to provide the most up-to-date and accurate content of the PokePower online store, but does not assume any responsibility for its up-to-dateness and/or accuracy, nor is it responsible for occasional website downtime.

    Users use all published content at their own risk.

    The provider or any other legal or natural person who participated in the creation and development of the PokePower online store is not liable for any damage resulting from access to, use of, or inability to use the information on the PokePower online store websites, or for any errors or deficiencies in their content. This provision does not exclude liability for damage caused to a user who is considered a consumer in accordance with the law governing consumer rights, intentionally or through negligence.

    To display certain functionalities, the PokePower online store uses independent external services and applications.

    The use of these services is subject to the terms of use of the external service, which are determined by the owner of the service or application, the provider.

    The published photos and videos are symbolic and do not guarantee the properties of the product.
    The provider is not responsible for the information in the opinions and does not accept any liability arising from the information in the opinions.

    The user is responsible for all activities performed using his user account or his email.

    In the event of any unauthorized use or reasonable suspicion that such access has occurred, the user must immediately notify the provider. The provider is not liable for any damage that the user may suffer due to unauthorized use of the user account or password with which he is registered or due to unauthorized use of the user's email address.

    The user undertakes to use the PokePower online store in accordance with the terms and conditions, to ensure the confidentiality of passwords, and to comply with the rules and notices published on the website www.poke-power.com.

    The provider is not liable for any errors and damages resulting from the provision of incorrect data and/or other actions on the part of the user, e.g. when registering or logging into the PokePower online store.

    The provider reserves the right to change, add or remove content published in the PokePower online store at any time without prior notice. All users use all published content at their own risk, and must also ensure adequate protection of data on their computer or other such device.

    By purchasing from the online store, the user automatically consents to receiving electronic messages. The user agrees that by subscribing to the e-newsletter, we will occasionally inform them about new products on the site, new offers and promotional campaigns. The provider undertakes not to misuse the user's e-mail address in any way or pass it on to a third party. If you want us to delete your personal data from the personal data collection of website users, you can unsubscribe from the PokePower online store, from the e-newsletter you received from us or by sending us a message at info@poke-power.com.

    During the cooperation, the buyer gains access to confidential information of the provider, which may have a business, economic or reputational value for the provider. Their disclosure to third parties could expose the provider to losses. These include, for example, information on prices, terms of concluded contracts, legal, financial, economic, commercial, technical, marketing or organizational information relating to the provider. The buyer must protect them as strictly confidential and may not use them for any purpose other than for purposes related to the conclusion and execution of the purchase contract.

    The buyer gives the contractor consent to publish completed projects, including the company logo, in references on its website and other marketing materials.