Welcome to the website https://fistulaprotect.com/ (hereinafter: the website) which is managed by the company Fistula Protect Medical d.o.o. (hereinafter: the company, the provider, or us). Our FistulaProtect online store (hereinafter: online store) is accessible on our website. These General Terms and Conditions (hereinafter: Terms) are drawn up in accordance with the Consumer Protection Act (Official Gazette of the RS, no. 98/04, hereinafter: ZVPot), Consumer Protection against Unfair Commercial Practices Act (Official Gazette of the RS, No. 53/07, hereinafter: ZVPNPP), Electronic Commerce Market Act (Official Gazette of the RS, No. 96/09, hereinafter: ZEPT) and Out-of-Court Settlement of Consumer Disputes Act (Official Gazette of the RS, No. 81/ 15, hereinafter: ZIsRPS).

These Terms apply between the provider and customer for each purchase of the Fistula Protect shield and/or other AV fistula care products in the online store.

The provider and the customer (hereinafter also: the buyer or you) regulate their mutual obligations for purchases via the online store with these Terms. Every customer is obliged to submit the required data when placing an order, which is processed and stored in accordance with the Laws of the Republic of Slovenia (the protection of personal data is governed by a separate Privacy Policy document, which can be accessed here). These Terms apply to buyers who are natural persons as well as to legal persons, whereby the provisions on withdrawal from the contract and material defects apply only to consumers (a natural person who acquires or uses goods or services for purposes outside his professional or commercial activities).

These Terms deal with the operation of the online store, customer’s rights, and the business relationship between the provider and the customer. The customer expressly agrees to these Terms and fully agrees with them when the customer confirms that is aware of them in a special window before placing the order. Terms written in the grammatical form of the masculine or feminine gender are used as neutral and apply equally to both genders.

PROVIDER’S INFORMATION

Long name: Fistula Protect Medical, production of medical devices, d.o.o.

Short name: Fistula Protect Medical d.o.o.

Address: Slivnica pri Celju 33A, 3263 Gorica pri Slivnici, Slovenia

Identification number: 9162135000

Tax number: SI 90757327

Taxpayer: No

Transaction account: SI56 0400 0027 7015 257

Entry in the court register: The provider was registered at the District Court in Celje on 27 June 2022, SRG entry 2022/50132.

Telephone number: 00386 31 334 263 (costs of the calls are calculated according to the price list of the customer’s selected mobile operator)

Email: info@fistulaprotect.com

INFORMATION AVAILABILITY

The provider commits, that the information listed below will be provided to the customer at any time:

• company information (name and place of business, registration, and VAT number),
• contact information, which enables fast and efficient communication (e-mail, phone),
• the essential characteristics of products (including after-sales services and guarantees) and the period of validity of this information,
• availability of products (each product, which is offered on the site, should be available within a reasonable period of time),
• delivery conditions (method, place, and time of delivery),
• prices must be clearly and unambiguously defined and it must be clear whether they contain taxes, transport costs, and/or other charges, and the period of validity of this information,
• method of payment and delivery or performance of, and validity of this data,
• payment and delivery method,
• validity of the offer,
• the withdrawal period from the contract and conditions for withdrawal (description of the right of withdrawal in accordance with ZVPot 43c; in cases where the customer is in accordance with Article 43c ZVPot no right of withdrawal is expressly informed),
• interpretation of a dispute, including informational details of the contact person.

PURCHASE IN THE ONLINE STORE

The customer can make a purchase in the online store as a registered user or guest.

When registering, the customer creates a username that is the same as the customer’s e-mail address and password that the customer set himself, and it is necessary to enter the required personal data, which is processed in accordance with the Privacy Policy. The username and password unambiguously connect the registered user and associate him with the entered data. Even during the purchase process, the customer can, if he wishes, register and thus become a registered user.

The registered user is also responsible for the protection of personal data by ensuring the security of his username and password. In the event that a registered user discovers abuse or any other tampering with his user account by a third party, the user should immediately notify the provider at: info@fistulaprotect.com so that we can temporarily cancel the user account and thereby prevent further abuse.

PRICES

Prices in the online store are updated and changed if necessary. Prices in the online store are the same for both registered users and guests of the online store. All prices are quoted in EUR and are subject to the Value Added Tax (VAT) in accordance with the following rules:

The prices are valid at the moment of placing the order and have no further validity. Despite our best efforts to provide the most up-to-date and accurate information, it may happen that the price information is incorrect. The provider reserves the right to withdraw from the contract if a significant error is found in accordance with Article 46 of the Obligations Code (Official Gazette of the Republic of Slovenia, no. 97/07).

The prices are valid in the case of payment with the payment methods listed below, under the conditions listed below. Discounts and other campaigns are in generally not cumulative.

PAYMENT METHODS

The provider allows the following payment methods:

• payment by payment card, whereby the payment is made through the provider Stripe,
• payment by bank transfer (according to proforma invoice (UPN order)).

When choosing to pay by bank transfer, we send the customer a proforma invoice with all payment information to the entered e-mail. After payment of the advance invoice and receipt of the purchased price to our business account, the ordered goods will be sent to the specified delivery address after production. The customer must make the payment within 3 days of receiving the pro forma invoice. If the customer does not make the payment within the specified period, the customer will be asked to pay via the means of communication that the customer indicated (e.g., e-mail). In the event that the customer still does not pay the purchase price after the request, the provider will consider that the customer wants to withdraw from the contract, and the contract will be considered terminated.

Payment with a payment card takes place via the Stripe payment system, which is not owned by the provider. Card information is not stored with the provider.

Depending on the chosen payment method, the customer may incur additional costs (e.g. payment of an additional fee, which depends on the payment of the service provider), which are not included in the price. When paying by bank transfer, the customer may be charged the costs of the bank transfer, the amount of which depends on the amount charged by the customer’s bank.

SHIPPING COSTS AND DELIVERY OF GOODS

Shipping costs for purchases up to €200 are €6,2. For purchases over €200 shipping costs are free. The provider delivers to all countries in Europe Union. Free shipping is shown in the cart.

We strive for the fastest possible delivery of ordered goods. We try to ship orders as soon as possible, but we do not ship on weekends and holidays in the Republic of Slovenia.

The order is expected to be shipped within 10 (ten) working days after receiving the payment.

The ordered products will be delivered to you at the address you specified as the delivery address, within a tentative period of 3 days after the order has been dispatched. Non-pick up of the package by the customer does not mean a withdrawal from the contract, therefore the customer who does not pick up the package is obliged to reimburse the costs incurred due to the non-pick up of the goods.

In the event that the customer may have ordered goods that, due to unforeseen reasons or due to the condition of the goods not being in stock, the provider cannot ship within the specified time, the provider will inform the customer about the new delivery time via the provided contact information of the customer.

ORDER, CONCLUSION OF THE CONTRACT, AND PURCHASE PROCEDURE

The customer can order the desired goods by ordering in the online store. Before confirming the order, the customer has the opportunity to review the order and make corrections regarding the selected products and the quantity of the selected products.

The purchase contract (order confirmation) between the provider and the customer has concluded the moment the provider confirms the order (the customer receives an email about the status as the order is confirmed). From this moment on, all prices and other conditions are fixed and apply to both the provider and the customer. The purchase contract is stored in electronic form on the provider’s server and is also accessible to the registered user in his user account.

Purchase procedure

A virtual shopping basket is used when purchasing in the online store.

The customer adds products to the basket using the shopping basket for each product.

If the customer wants to see the selected products, change their quantities or to remove them from the shopping cart, go to the “Basket” page.

When the customer finishes correcting the quantities of products and selecting them in the basket, the customer can press the “Continue to checkout” button if the customer wants to buy the selected products. If the customer wants to remove a certain product from the basket, press the basket-shaped button.

The customer continues the purchase by clicking on the basket icon, then first entering the customer’s contact information (name, surname, e-mail address), and at this step, the customer can also create a user account with a password.

Then the customer enters information that will be displayed on the invoice (name, surname, and address).

If the customer wants to change the payment address, click on the “Payment address is different from the delivery address” field at the bottom.

On the next page, the customer chooses the method of shipment of the products, where the delivery service and the shipping costs are visible.

By clicking on the “Continue” button, the customer chooses the method of payment for the ordered products and confirms agreement with these Terms by ticking “I agree with the Terms.” In the last step, before submitting the order, the customer can double-check what has ordered, the quantities and prices, as well as the value of the entire order, the address which will be printed on the invoice, and if the customer has entered a different delivery address, the customer can also see this one.

If the customer wants to correct anything, the customer can use the “Back” button.

To submit an order, press the “Order with payment obligation” button. If the order was successfully submitted, a page confirming the order appears, and at the same time, the system sends a copy of the order to the customer’s e-mail address.

By confirming the order, the customer confirms its agreement to these Terms.

Promotional codes

From time to time, the provider may offer customers a promotional code that applies to individual products, a group of products, or the entire purchase, depending on the individual promotional code and the conditions that apply to each promotion. The customer can obtain a promotional code e.g. via an e-mail, on a brochure, or on a card that is received in the received package, via social networks (Facebook or Instagram), depending on the promotion itself. The customer can enter the promotional code in the appropriate field in the basket of the online store, only one promotional code can be used for one purchase. The promotional code is automatically deducted from the order value. All promotional codes are time-limited and their validity date is indicated next to them. In the event that the customer uses a promotional code, and the order is subsequently canceled at his will or withdraws from the contract or the promotional code is no longer valid, the customer can no longer use this promotional code. The promotional code cannot be exchanged for cash.

Issue of the invoice

The customer receives an invoice in the received package. The price and all costs related to the purchase are detailed on the invoice. The customer is obliged to check the correctness of the data before placing the order. Later objections regarding the correctness of the issued invoice are not relevant.

Purchase notification process

After submitting the order, the customer receives a notification by e-mail that the order has been accepted.

The provider can call the customer on the customer’s contact phone number to check the data or to ensure the accuracy of the delivery.

The purchase procedure for legal entities is exactly the same as for natural persons, except that at the end of the purchase, the name of the company and the tax number of the company must also be entered. The same payment options are also available.

RIGHT TO WITHDRAWAL

With respect to distance contracts, the consumer shall have the right to inform the company of its decision to withdraw from the contract without giving any reason for such a decision. The consumer may inform the company of its decision to withdraw from the contract by using the form (attached below), via e-mail: info@fistulaprotect.com, or by making another unequivocal statement setting out its decision to withdraw from the contract. The consumer must return the goods within 14 days after the notification of withdrawal from the contract, to the address of the provider: Slivnica pri Celju 33a, 3263 Gorica pri Slivnici, Slovenia. The customer is liable to pay the costs of returning. The provider does not accept packages with postage due.

In the event of withdrawal, the company shall immediately, or not later than 14 days from the day on which it receives the consumer’s decision to withdraw from the contract, reimburse all payments received from the consumer, but the company may withhold the reimbursement until the company receives the goods back, or until the consumer supplies evidence of having sent back the goods. The company shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly requested the use of other means and provided that the consumer does not incur any fees as a result of such reimbursement. The consumer shall have no right to claim supplementary costs if they expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the company.

The consumer should return the goods undamaged, in the same quantity, and in the undamaged original packaging. The consumer is responsible for the reduction in the value of the goods if the reduction is the result of conduct that is not absolutely necessary to determine the nature, properties, and functioning of the goods.

If the consumer has purchased products that are in a set (a set of 2 or more products that are offered at the same time), the consumer must return the entire set. It is not possible to withdraw only for one or several individual products that are part of a set.

The consumer shall not have the right to withdraw from the contract, in the following cases:

• the goods are made to the consumer’s specifications and adapted to the consumer’s personal needs.

WARNING! The Fistula Protect protector is adapted to the hand of the individual for whom it is patient-matched. Withdrawal from the contract is therefore not possible in accordance with the law.

WITHDRAWAL FORM

PROVIDER’S VOLUNTARY GUARANTEE after the expiration of the term for withdrawal from the contract

WARNING! The Fistula Protect protector is adapted to the hand of the individual for whom it is patient-matched. The provider offers the following options within 3 months after the purchase:

1. If the Fistula Protect protector has visible damages, scratches or the size of the vein does not match the shape of the Fistula Protect protector, the provider will make a new protector or refund 100% of the purchase price (at the customer’s option), but the customer must, with at least 3 (three) pictures demonstrate the actual existence of the defect.
2. If the customer is not comfortable with wearing the Fistula Protect protector and does not use it for this reason, the provider will return 70% of the purchase price to the customer or EUR 40 less than the paid purchase price, if the goods are purchased during the discount period.

In this case, the customer must return the goods to the address: Slivnica pri Celju 33a, 3263 Gorica pri Slivnici, Slovenia, and give the reason for asserting the provider’s voluntary guarantee in writing, the customer can also use the withdrawal form. The shipping cost of returning the goods is covered by the customer, unless the product has a material defect, in this case, the shipping costs are covered by the provider based on a prior agreement with the customer.

MATERIAL DEFECT

A defect shall be deemed material if:

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

Consumers may exercise their rights resulting from a material defect on the condition that they notify the provider of the defect within two months of the discovery of the defect. In the notification of a defect, the consumer shall precisely describe the defect and enable the provider to inspect the item.

The consumer may notify the seller of the defect in person, and the seller shall either give the consumer a receipt or refer them to the shop where the item was purchased, or to the representative of the seller with whom they concluded the contract. The consumer may notify the provider by e-mail: info@fistulaprotect.com or in by any other means, and the provider shall give the consumer a receipt. The provider shall not be liable for material defects that appear more than two years after the product was delivered.

When a defect appears within six months of the product being delivered, the defect shall be deemed to have existed at the time of delivery. A consumer who has informed the provider of a defect in the prescribed manner shall have the right to request that the provider: eliminate the defect in the goods, reimburse part of the amount paid in proportion to the defect, or replace the defective goods with new flawless goods, or reimburse the entire payment. Where the existence of a defect is not contested, the provider shall comply with the consumer’s as soon as possible, but not later than eight days after receiving the request. Where the defect in goods is contested, the provider shall send the consumer a written reply within eight days of receipt of the request at the latest.

WARRANTY

In accordance with the law, the provider is obliged to provide the consumer with a guarantee for the faultless operation of the purchased goods. Goods for which a guarantee for flawless operation is issued are specified in the Regulations on goods, for which a conformity guarantee shall be issued (Official Gazette of the Republic of Slovenia, No. 14/12).

The customer can claim the guarantee with the guarantee certificate and the provider’s invoice. The warranty period is indicated in the Instructions for Use, which are attached to the product.

If goods subject to mandatory guarantee are not in perfect working order or do not display the characteristics stated in the guarantee certificate or in the relevant advertising message, the customer may require, in the first place, that the defects be remedied. If defects are not remedied within 45 days of the date the provider received the consumer’s request for the repair of defects, the provider shall replace the goods with identical, new, and faultless goods free of charge. If the provider fails to repair the goods within the period referred to in the preceding sentence or does not replace the goods with new ones, the customer may terminate the contract or demand a reduction of the price.

Acceptance of goods after consideration of a material defect or warranty

The customer is obliged to take over the goods for which the customer claimed material defect or warranty after the processing procedure is completed. The customer will be informed about the day of collection of the goods via the contact address the customer provided for contact, and at the same time the provider also invites the customer to collect the goods. The customer is obliged to take over the goods within 14 days after the date of receipt of the notification, if not determined otherwise in the notification. In the event that the customer does not take over the goods within the specified period, the goods are handed over to the provider for safekeeping at the provider’s headquarters. The provider keeps the goods for 6 months from the day on which the provider sent the notification to the customer. The provider reserves the right to charge the customer for storage in the amount of 1 euro/day (including VAT) and to reimburse all costs that were necessary to preserve the goods. After the expiration of 6 months, from the day of notification of the takeover of the goods, the provider reserves the right to sell the goods via the online store, that will inform the customer at least 14 days before the end of the 6-month period, the provider will deduct the above-mentioned costs from the purchase price reached, and transfer the rest to the customer’s transaction account, whereby the provider will also inform the customer about the price at which the goods were sold and the costs the provider incurred with the goods. If the value of the goods is insignificant or negligible, the provider reserves the right to donate the goods to charity.

DAMAGED PACKAGES

In the event that the package sent by the provider is physically damaged, its contents are missing, or show signs of being opened, the customer can initiate a complaint procedure with the delivery services provider who delivered the damaged package. Return the damaged package by bringing the package to the nearest post office of the services provider who delivered the damaged package in the same condition as when you received it (without adding or removing anything) and fill out the complaint report. If you notice a damaged package when the package is delivered, you can refuse to accept the package from the delivery person who delivers the package to you, and please inform us about this at: info@fistulaprotect.com. Together with our post provider, we will ensure that the complaint is resolved in the shortest possible time. In the event that you return a damaged package yourself, the shipping costs are borne by the customer, unless the provider and the customer agree otherwise in advance. The provider does not accept packages with postage due.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights are reserved for the provider. All texts, images, graphics, animations, videos, and other content (collectively “Content”) in the online store and on the website https://fistulaprotect.com/ are protected by copyright or are subject to other intellectual property protection. The provider is the owner of these contents or has acquired the appropriate rights to use them. These contents may not be copied for any commercial distribution or use, nor may they be recorded and republished on other websites that are not owned by the provider, without obtaining the prior written consent of the provider. 

DISCLAIMER OF LIABILITY

The provider reserves the right to disable the online store and website, and disable access to it due to technical or other problems or maintenance, which also means disabling the use of the online store. In the event of technical problems on the website, we reserve the right to cancel the orders placed that were affected by the technical error. In case of cancellation of orders, we will notify you as soon as possible and inform you of further steps. You yourself must ensure adequate protection of equipment (antivirus, etc.) before accessing and using the website and online store. The buyer must ensure adequate security and confidentiality of the data used to login into the online store (e-mail address, password). The provider is not responsible for links to third-party websites that are not part of the provider’s website or online store.

The provider is not responsible for the delay or non-delivery of goods in case of force majeure in accordance with Article 153 of the Obligations Code.

OPINIONS

The customer can submit an opinion about the purchased goods, and before submitting the opinion, the Customer must agree to the terms regarding the submission of the opinion, whereby the customer exclusively, timely unlimited, and geographically unlimited allows the provider to use and/or publish the customer’s opinion in full or in part, on the website, online store, social networks of the provider, digital media or all other media, for any purpose that is in the interest of the provider, including marketing, promotional or advertising purposes. Before submitting the opinion, the customer also confirms that the customer is the author of the submitted opinion and thus the owner of all moral and material copyrights and thus can transfer them exclusively, temporally, and geographically unlimited to the provider. Each submitted opinion is checked by the provider before publication. For an opinion that is offensive, inappropriate, or otherwise useless for other buyers or visitors and does not benefit them, the provider may, at its own discretion, decide that it is not suitable for publication and thus not publish it.

COMPLAINTS AND DISPUTE RESOLUTION

The provider has an established complaint resolution system and has a designated person whom the customer can contact in case of problems, dissatisfaction, or any other question by e-mail: info@fistulaprotect.com or by phone: 031 334 263. The provider will contact the customer within five working days and confirm that the complaint is received, informed the customer how long the complaint shall be processed (considering the complexity of the complaint itself, obtaining additional information, etc.), and kept the customer informed about the progress of the procedure while taking into account the relevant legislation. Complaint process is confidential.

The provider is aware that an essential characteristic of consumer disputes is the disproportion between the economic value of the claim, the time required, and the costs incurred in resolving the dispute, which is also the main obstacle for the consumer not to initiate the dispute before the court. Therefore, the provider makes every effort to resolve any disputes amicably.

In accordance with Article 32 of the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS), the provider does not acknowledge any contractor for out-of-court settlement of consumer disputes as responsible for resolving a consumer dispute.

The provider is engaged in online sales, so hereby the provider publishes an electronic link to the platform for the online resolution of consumer disputes (SRPS). The link to SRPS is available online at http://ec.europa.eu/odr. 

That legislation arises out of the Out-of-Court Settlement of Consumer Disputes Act (Official Gazette of the RS, No. 81/15), Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

FINAL PROVISIONS

These Terms are construed in accordance with the legislation of the Republic of Slovenia. For all areas that are not explicitly defined in these Terms, the valid legislation of the Republic of Slovenia applies. To resolve all disputes between the provider and customer is competent the competent court in Ljubljana, Republic of Slovenia.

These Terms apply to the provider and the customer from the day of their acceptance until their cancellation or change. The provider reserves the right to change the Terms and will publish new or changed Terms in the online store or website.

Date: 1.1.2023.