1. General

These general terms and conditions apply to purchases conducted on the online store www.mountaindrop.com (hereinafter referred to as the online store), managed by the company BTI KI Trening, Razvoj potencialov, d.o.o., Novi svet 6, 4220 Škofja Loka, Slovenia.

Company details:

Registration number: 6498639000

Tax identification number: SI 41972376

Website: www.mountaindrop.com

Email: [email protected]

Skype: babarovic_1

The company is registered for VAT. VAT identification number: SI 41972376

Registered in the court register at the District Court in Kranj, Slovenia under number 2017/15237

Bank account information:

IBAN SI56 0284 3026 3968 123 at NLB d.d.

IBAN SI56 2900 0005 1124 386 at UNICREDIT BANKA SLOVENIJA d.d.

as the seller.

Purchase in the online store is possible for legal and natural persons (hereinafter referred to as: the buyer). Purchases are only possible for individuals over 18 years of age and competent to contract. Purchasing in the online store is not possible for wholesalers or for the purpose of reselling products. In this regard, the seller reserves the right to verify each legal entity and a sole proprietor.

The general terms and conditions of business are an integral part of the sales contract between the seller and the buyer and relate to the purchase of products in the online store.

The general terms and conditions of business regulate the operation of the seller, the rights and obligations of the buyer, and the business relationship between the seller and the buyer. These terms and conditions govern the sale of products available in the online store.

Purchases in the online store are considered purchases made within the territory of the Republic of Slovenia, for which Slovenian legislation is applicable.

The general terms and conditions of business are drawn up in accordance with the Slovenian Obligations Code, the Slovenian Consumer Protection Act, the Slovenian Consumer Protection Act against Restrictive Business Practices, and the Slovenian Electronic Commerce Market Act.

The general terms and conditions are available on the seller’s website, and the buyer can download them to their electronic device:

• Obligacijski zakonik (Slovenian Obligations Code);

• Zakon o varstvu potrošnikov (Slovenian Consumer Protection Act);

• Zakon o elektronskem poslovanju na trgu (Slovenian Electronic Commerce Market Act);

• Zakon o varstvu potrošnikov pred nepoštenimi poslovnimi praksami (Slovenian Consumer Protection Act against Restrictive Business Practices).

These general terms and conditions outline the functioning of the online store, the rights and responsibilities of the visitor, user, and customer, and the business relationship between the seller and the user acting as a buyer of the products offered by the online store. Placing an order implies that the customer has thoroughly reviewed and understood these general terms and conditions, explicitly consents to them, and fully accepts them.

Purchase is possible with registration (as a user) or without registration (as a guest).

An individual can make a product purchase as a registered user. By registering in the online store, the user obtains a username, which is the same as their email address, and a user password determined by the user themselves. The user’s username and password uniquely identify and associate with the entered data. By registering, the user confirms and guarantees that they are a legal adult and fully capable of conducting business. With registration, a website visitor becomes a user and gains the right to make purchases. By purchasing a product, the user becomes a customer.

An individual can make a product purchase as a guest by confirming the continuation of the purchase in the shopping cart and entering their details (name, surname, residential address, postal address, email address, mobile phone number) during the account information entry.

2. Purchasing in the online store

Ordering in the online store can be done in Slovenian or foreign language. Orders can be placed online 24 hours a day, 7 days a week.

The customer can place an order with or without prior registration in the online store.

Upon registration, the customer provides the following mandatory information:

• name and surname (consumer) or the company name (legal entities, sole proprietors),

• email address,

• contact phone number.

Other information can be provided later or during the purchase process. The customer in their profile can modify all the information provided at any time.

The customer is the only one who knows the password. If the customer forgets the password, they can request a new password from the seller.

For the purchase, the customer must provide the required information; otherwise, they cannot enter into a sales contract with the seller. The customer provides the following information to the seller:

• name and surname (consumer) or the company name (legal entities, sole proprietors);

• tax identification number (legal entities, sole proprietors, only during the purchase);

 • email address;

• contact phone number;

• delivery address;

• invoice address.

The customer guarantees the accuracy of the information provided. The seller is not responsible for the accuracy of the data entered by the customer.

3. Offer in the Online Store

The online store specializes in the sale of dietary supplements, beverages, and personal hygiene products.

The online store provides the product name, description, technical specifications, and an image of the product. Aesthetic differences between the image and the actual product do not affect the technical characteristics of the product.

The seller is responsible for any non-conformity of goods that exists at the time of delivery and becomes apparent within two years of the delivery of the goods.

4. Price

All prices displayed in the online store are listed in euros. Prices already include value-added tax (VAT). Delivery and payment costs are not included in the product price and are charged separately. Any promotional prices are specifically marked in the online store.

The seller reserves the right to change prices in the online store. Prices may be altered at any time without prior notice.

The online price is valid for all registered users of the seller’s online store. All prices in the online store are product prices and do not include delivery costs. These prices are only valid for electronic orders placed through the online store. The prices are valid at the time of placing the order and do not have a predetermined validity, which is why they can be subject to change at any time.

The seller will issue an invoice for the ordered and dispatched products in accordance with the applicable legislation. The online order form filled out by the customer at the time of purchase does not serve as an invoice. The customer is required to provide accurate, complete, and true information necessary for the issuance of an invoice. In the event that the customer fails to do so or provides incomplete or incorrect information, the seller is not obligated to issue a new invoice.

The seller retains an electronic invoice in their system, with the retention period in accordance with applicable legislation and accounting standards. The seller is required to issue an invoice for the supply of goods or services and to provide it to the customer.

5. Purchase Procedure

The presentation of the offer in the online store is considered an invitation to make an offer under the published conditions.

Technical steps leading to the conclusion of a sales contract:

The purchase process provides the user (customer) with the following technical steps:

• Logging into the online store using an email address or user password if the user (customer) has previously created a user account.
• Searching for a specific product within the product offerings in the online store.
• Selecting a product for purchase.
• Adding the selected product to the shopping cart.
• Specifying the quantity of the product for purchase in the shopping cart.
• Reviewing the price of the selected product in the chosen quantity, including any applicable taxes.
• Selecting the payment method.
• Selecting the product delivery method.
• Reviewing the order with the chosen product delivery method and any applicable delivery costs.
• Confirming and submitting the order, thereby completing the purchase.

The customer selects the product for purchase through the website by confirming with the “Add to Cart” button. Before submitting the order, the customer can review the cart’s contents, make changes, enter or modify personal information, and verify the delivery cost.

By confirming with the “Buy Now” button, the customer submits the order.

By submitting the order, the customer declares that the information provided is accurate, and that they are over 18 years old and competent to contract. The customer agrees that the seller may use the data provided to fulfil the order, particularly to contact the customer via email or phone. By submitting the order, the customer commits to paying the purchase price and receiving the ordered items and agrees to these general terms and conditions.

Technological means that enable the recognition and correction of errors before submitting an order:

Before submitting the order, the user (customer) is provided with a graphical user interface that allows them to immediately, easily, and effortlessly:

• view and review the products they have selected and added to the shopping cart;
• view and review the price of each product and the total price of the selected quantity of each product;
• change the selected quantity of each product and calculate the new price for the modified quantity;
• remove selected products they do not want to purchase from the shopping cart.
• calculate the applicable tax based on the tax rate for the selected product and its price (the tax base);

Before confirming the order, the user (customer) is provided through the graphical user interface with the ability to immediately, easily, and effortlessly:

• change the selected method of product delivery;
• change the selected payment method;
• review and confirm individual changes.

The rights and obligations of the seller and the customer in purchasing goods and services at a distance are regulated by these conditions, which are an integral part of the distance contract. The customer must familiarize themselves with the content of these conditions before concluding a distance contract and confirm their agreement with the rights and obligations arising from these conditions and the obligation to pay.

By submitting an online order, the customer confirms their agreement to payment and these terms and conditions, which they unconditionally accept in full.

An order for the purchase of goods and services is generally considered concluded when the customer receives an order confirmation via email, unless the terms of a specific offer explicitly specify otherwise. The terms and conditions for the purchase of goods and services and the confirmation of the completed order for goods and/or services are sent to the customer’s email address provided during registration.

After the customer submits the order, the seller sends a confirmation email with order details to the customer’s email address. Within 1 hour of receiving this message, the customer has the option to cancel the order without consequences. After the order is submitted, the customer cannot change the order’s content, except for the option to cancel the order. The customer’s profile on the seller’s website always provides comprehensive information about the status and content of each individual order.

Once the seller’s information system accepts the customer’s order, the seller reviews the order, checks the availability of the ordered products, and within a maximum of two working days from the order submission date, sends a confirmation of order acceptance to the customer’s email address.

If the customer does not cancel the order, the order proceeds to further processing. After processing the order, the seller either confirms or rejects it by specifying a reason. The seller confirms the order via email, and the confirmation includes acceptance or rejection of the order. The notification also includes information about the shipment of the products. To verify information or ensure the accuracy of delivery, the seller may also contact the customer by phone at the contact phone number provided. Upon order confirmation, the seller informs the customer about the estimated delivery time via email.

The sales contract between the seller and the customer is irrevocably concluded when the seller confirms the order (the customer receives an order confirmation via email), unless the terms of a specific offer explicitly specify otherwise. Subsequent to this confirmation, all prices and other conditions are fixed and are applicable to both the seller and the customer. The contract concluded between the seller and the customer, or the order, is stored in electronic form on the seller’s server and is accessible to the customer in their user profile on the website. The sales contract is concluded in Slovenian. The storage period complies with applicable laws and accounting standards. This organized distance selling is conducted by the seller who uses remote communication means (e.g., email and the internet) exclusively for concluding the contract up to the moment of its conclusion.

The seller prepares, dispatches, and informs the customer about the ordered products via email within the agreed-upon timeframe.

In case the ordered product is not in stock, the seller notifies the customer. When the product becomes available, the customer receives a shipping notification.

In the case of pre-orders, the seller informs the customer when the product is in stock. At that time, the customer can still cancel the order.

The seller reserves the right to reject an order. The customer is notified by email.

6. Payment

The seller enables payment by credit or debit card (Maestro, Mastercard, Visa) or with the Paypal payment system.

7. Method and Delivery Times

Products in stock are shipped within 1 to 4 business days after the order is confirmed. The seller commits to delivering the ordered product to the delivery address provided by the customer when placing the order through contractual partners. The seller carries out the delivery of ordered products through contractual partners. The seller will deliver the ordered products within the agreed timeframe and in accordance with the terms and rates determined by the delivery service. The seller assumes no responsibility for any delays by the delivery service.

IMPORTANT: All orders are sent from Slovenija (EU). Additional costs (taxes and customs) may apply in your country.

The delivery cost is 9.50 EUR. For orders over 195.00 EUR delivery is free of charge. The delivery cost is added to the order cost, which is visible in the shopping cart and on the invoice. The contractual partner for shipping is DHL. However, the seller reserves the right to choose another delivery service if it can fulfill the order more efficiently.

In the event that the customer fails to collect the package from the delivery service, the seller reserves the right to deduct the actual total shipping cost from the refundable amount. The actual shipping cost refers to the total cost incurred by the seller to ship the package to the customer, including the cost of packaging, postage, and any additional fees charged by the delivery service. The seller will provide the customer with a breakdown of the actual shipping cost upon request.

Clarification on Shipping Charges: The actual shipping cost incurred by the seller may differ from the flat rate shipping fee of €6.95 listed on our website. The flat rate covers only a portion of the total shipping costs. The seller will provide a detailed breakdown of the actual shipping costs upon request by the customer.

8. Order Cancellation

Customers can cancel an unconfirmed order by reaching out to us at the address [email protected] or via Skype: babarovic_1 on weekdays from 9:00 am to 4:00 pm.

Customers can cancel a confirmed order by reaching out to us at the address [email protected] or via Skype: babarovic_1 on weekdays from 9:00 am to 4:00 pm.

If the order has already been shipped, the customer can reject the shipment when it is delivered by the delivery service.

If the customer rejects the order at the time of delivery, the following terms apply:

• Return Shipping Cost: The customer will be responsible for paying the cost of return shipping.
• Actual Shipping Cost: The customer will also be charged for the actual shipping costs incurred by the seller. The actual shipping cost includes all expenses related to shipping the package to the customer, such as the cost of packaging, postage, and any additional fees charged by the delivery service.

Clarification on Shipping Charges: The actual shipping cost incurred by the seller may differ from the flat rate shipping fee of €6.95 listed on our website. The flat rate covers only a portion of the total shipping costs. The seller will provide a detailed breakdown of the actual shipping costs upon request by the customer.

If the customer cancels the order before it has been shipped, the seller will refund the full amount of the order to the customer’s original payment method.

9. Right of Withdrawal

In accordance with the Consumer Protection Act, the customer (consumer) has the right to notify the seller within 14 days of receiving the product of their decision to withdraw from the contract without specifying a reason for their decision. The return of purchased products to the seller within the withdrawal period constitutes notice of withdrawal.

The customer can communicate their intention to withdraw from the order by email to [email protected] with an unequivocal statement of withdrawal from the contract. You can download the withdrawal notice form HERE.

The purchased products must be returned to the seller no later than 30 days from the date of the notice of withdrawal from the sales contract. The purchased products must be returned to the seller undamaged, in their original packaging, and in an unchanged quantity, unless the products are damaged, spoiled, lost, or their quantity reduced without the customer’s fault. If the postal package that the customer received the ordered products in is physically damaged, lacks content, or shows signs of tampering, the customer must initiate a complaint procedure with the delivery service. The customer is considered to have returned the product on time if they deliver it to the delivery service authorized by the seller to accept the product within the deadline set forth in this article.

In the event of withdrawal from the contract, the seller shall refund all received payments, minus the shipping cost, immediately or within 30 days of receiving the notice of withdrawal from the contract. The same applies to a used gift voucher; any used promotional codes and other discounts are not refunded to the customer. The seller will refund the paid amount to the customer’s personal or transaction account. In the case of a used gift voucher, the refund will be provided in the form of a credit note. The seller may withhold the return of received payments until the customer returns the product.

Under the provisions of the law, the customer is responsible to the seller for any decrease in the value of the product resulting from the use of the product.

10. Warranty

Products are covered by a warranty if indicated on the invoice or the warranty certificate. The warranty is valid when following the instructions and terms on the warranty certificate and upon presentation of the invoice.

The warranty period is stated on the warranty certificate or the invoice. Information about the warranty is also provided when presenting the product in the online store. If there is no warranty information in the online store, the product does not come with a warranty.

The seller commits to resolving any complaints in the shortest possible time.

The seller guarantees a one-year warranty for proper operation in accordance with applicable laws. Any other warranty period or conditions are specified for each product delivery.

The buyer shall notify the seller of any material defects via email at [email protected]. Upon prior agreement with the buyer, the seller arranges for the delivery service to pick up the product.

The buyer has the option to invoke the warranty directly with the seller or with the product manufacturer or their authorized service center. In the event of a defect, the buyer should initially request rectification; if the defects are not rectified within 45 days, the seller will replace the product with an identical, new, and defect-free product at no additional cost.

The warranty is applicable only for defects in the product that did not result from the buyer’s actions.

Further details regarding the right to enforce the warranty are governed by the Consumer Protection Act.

11. Security

The merchant employs suitable technological and organizational measures to safeguard the transmission and storage of personal data and payments. To achieve this, the merchant uses a 256-bit SSL certificate, issued by an authorized organization.

Credit card authorizations are conducted in real-time with immediate data verification at banks. Card data is not stored on the seller’s server.

The customer is also responsible to take charge of their security by ensuring the safety of their username and password, as well as maintaining adequate software and antivirus protection for their computer.

12. Child Protection

The merchant in the online store does not accept orders from individuals known or suspected to be childred without the explicit permission of their parents or guardians. Unrestricted access to products or services that may pose harm to children is not offered by the seller.

The seller shall not collect any personal data related to children or disclose such data to third parties without the explicit permission of parents or guardians.

Any communication directed towards children will be age-appropriate and designed to avoid exploiting their trust, lack of experience, or sense of loyalty.

13. User Opinions and Product Ratings

Opinions, comments, and product ratings provided by users or visitors are part of the online store’s functionality and are intended for the user community.

The seller is not responsible for the content of opinions, comments, and product ratings provided by users or visitors. The seller reviews opinions, comments, and ratings before publication and rejects those containing obvious falsehoods, misleading information, offensive language, obscenities, or those deemed by the seller to lack value for other users or visitors of the online store. The seller is not responsible for the information presented in opinions, comments, and ratings and denies any liability arising from such content.

Submission of an opinion, comment, or rating signifies the user or visitor’s explicit agreement to the terms of use. The seller, in turn, is granted permission to publish part or the entirety of the text in all electronic and other media.

The seller has the right to use the content of opinions, comments, or ratings without time limitations and for any purpose aligned with the seller’s business interest, including publication in advertisements or other marketing communications. Simultaneously, the author of the opinion, comment, or rating declares and guarantees ownership of material and moral copyrights of the written opinions, comments, or ratings. Furthermore, the author willingly and without charge transfers these rights to the seller on a non-exclusive basis and without any time constraints.

14. Liability

The seller makes every effort to mantain the timeliness and accuracy of the information within its online store. However, due to nature of product characteristics, delivery times, or prices rapis changes may occur, preventing the seller real-time corrections in the online store. In such cases, the seller shall inform customers of the changes and allow them to cancel the order or make adjustments.

While the seller strives to provide accurate product photos online, it is essential to regard all images as symbolic. These images do not assure the properties of the product.

Once the shipment with ordered products is handed to the postal service, the seller is not responsible for any physical damage, destruction, loss, missing content or signs of tampering. In these cases, the user (customer) must initiate a complaint process with the delivery service.

In the event of shipment damage, the user should take the shipment to the nearest post office in the same condition as received, without adding or removing anything, and complete a complaint report. The seller, together with the delivery service, will ensure that the complaint is resolved as quickly as possible.

15. Changes to General Terms and Conditions

In the event of changes in regulations governing the operation of online stores, data protection, and other areas related to the operation of the online store, and in the event of changes in its own business policy, the seller reserves the right to amend and/or supplement these General Terms and Conditions. Users will be informed in an appropriate manner each time, including through its website.

Each modification and/or amendment to the General Terms and Conditions will be implemented and become applicable at the conslusion of an eight-day period from the publication of the respective changes and/or amendments. If the change and/or amendment to the General Terms and Conditions is necessary for compliance with regulations, these changes and/or amendments may be brought into effect in a shorter timeframe.

Should a customer disagree with any changes and/or amendments to these General Terms and Conditions, it is necessary to cancel their registration within eight days from the publication of the change and/or amendment notice. Failure to do so within this timeframe signifies, and no counter-proof is admissible, that the user accepts the changes and/or amendments to the General Terms and Conditions. Registration cancellation must be initiated by the user, who is required to notify the seller in writing of the cancellation.

16. Dispute Resolution

The seller respects the applicable consumer protection regulations. The customer can submit a complaint to the email address [email protected]. Upon receiving a complaint, the seller acknowledges its receipt and keeps the customer informed of the ongoing process. If the seller is not able to address the customer’s complaint, a detailed explanation of the reasons for rejection is provided to the customer.

For these General Terms and Conditions and for all disputes between the seller and the customer, Slovenian substantive and procedural law applies, without applying the rules of international private law that would refer to the application of any other law.

The seller strives to resolve any disputes amicably to the best of their ability.

The seller has not selected an out-of-court consumer dispute resolution body as competent for resolving consumer disputes, which a consumer could initiate in accordance with the Consumer Dispute Resolution Act. In accordance with the law, the seller provides an electronic link to the Platform for Online Consumer Dispute Resolution (SRPS).

17. Final Provisions

The general terms and conditions of business may be subject to modification or amendement at any time without prior notice or announcement. It is recommended that the buyer reviews them before each purchase. The date of commencement of validity is indicated for each specific version of the general terms and conditions of business.

The general terms and conditions of business published on the website at the time of placing an order apply to each individual order.

These general terms and conditions of business are in effect as of October 10, 2023.