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General Terms and Conditions

General Terms and Conditions

General Terms and Conditions

The General Terms and Conditions (hereinafter the General Terms and Conditions) of UPline doo (hereinafter referred to as the Company) are an integral part of all contracts between the Company and customers of products (hereinafter: customers) who do business with the Company. The provisions of the General Terms and Conditions also apply to all offers, pro forma invoices, preliminary contracts, legal and business statements and other services arising from the business between the company and the customer.

These General Terms and Conditions are compiled in accordance with the Consumer Protection Act (ZVPot), the General Regulation on Personal Data Protection (GDPR), the applicable Personal Data Protection Act and the Electronic Communications Act (ZEKom-1). These general terms and conditions determine the operation of the company's online store, the rights and obligations of the user and the store, and regulate the relationship between the company and the customer.


Use of terms:

A client is a natural or legal person who has a legal-business relationship with a company, regardless of its legal or status form.

A consumer is any customer who is a natural person and acquires or uses the goods or services of a company for personal purposes or for purposes outside his professional or gainful activity.

An offer is a uniform term for an offer in various forms, a pro forma invoice or another form of proposal for the conclusion of a contract, which the company offers to the client.

A contract is a written agreement between a company and a customer. The conclusion of a contract is also considered to be an offer or pro forma invoice sent by the company to the customer and accepted or confirmed by the customer. These general terms and conditions are an integral part of every contract.


The subject of the contract is goods from the company's sales catalog.

The theory of transmission applies to informing the customer about the delivery, conclusion, withdrawal or amendment of the contract and all other information. This means that the date of notification of the customer is considered to be the date when the company sends the notification via the communication medium.

All notices to customers relating to the delivery of the subject of the contract, the conclusion or withdrawal from the contract and other information are given by the company by e-mail to the address provided by the customer. The company also informs by ordinary mail, telephone or in any other way agreed with the client.


The company undertakes to provide the following information on its website at all times:

• information on the identity of the company (company name, registered office, registration and tax number, data on entry in the register with the indication of the register and the number of entry),

• contact details (e-mail address, telephone number),

• information on the basic characteristics of products and services (including information on post-purchase services and guarantees),

• information on product availability,

• delivery conditions (method, location and date of delivery),

• unambiguously stated prices, including information on additional tax and transport costs,

• payment and delivery methods,

• period of validity of the offer,

• conditions and deadlines for withdrawal from the contract,

• Familiarity with liability for material errors and

• information on the appeal procedure.

The company undertakes not to set any contractual terms that would be unfair to the consumer, in accordance with the provisions of ZVPot. Unfair contract terms are void.


Changes to the General Terms and Conditions

The company undertakes that any change in the general terms and conditions will be published on the company's website on the date the change takes effect. The General Terms and Conditions are binding in the form and with regard to the content that was available to the parties on the day of concluding the contract. In the event of a change in the general terms and conditions, the changes become binding on the customer from the day he becomes acquainted with them.

The customer is deemed to have been aware of the changes at the time the change is published on the company's website and upon receipt of the notification of the change. By doing so, the customer is deemed to agree to the change of the general terms and conditions. If the customer declares that he does not agree with the changed terms of business, the company has the right to withdraw from the contract. In the event that an individual provision in the contract or general terms and conditions would be invalid or unenforceable or if a legal gap arises, this shall not affect other provisions in the contract or general terms and conditions, with the parties agreeing to replace the provisions closest to the purpose or objective of the contract shall apply.


Conflict of legal provisions

In the event that these general terms and conditions conflict with other general terms and conditions of the company, the provision that is more specific in the specific case shall apply. The company and the customer may exclude the application of . If the general conditions in question are in conflict with consumer protection regulations, the relevant consumer legislation shall apply in this part.


General provisions

The client is obliged to inform the company of all information and facts that are important for the establishment and continuation of a legal business relationship, with particularly important information about the change of residence or the registered office of the client, change of the ownership structure of the client, change of the legal organizational form of the client, occurrence of a situation indicating insolvency (insolvency) of the client, regardless of whether the legal conditions for bankruptcy or compulsory settlement and other data, events and conditions which may affect the legal business relationship between the company and the client.

The company collects some personal information from customers. The types of personal data, the purposes of their processing and the legal basis for processing are regulated by the document Protection of personal data of the company, which is an integral part of the general terms and conditions. Customers can read the Privacy Policy on the company's website.

The company strives to ensure the up-to-dateness of information and data within the online store. There may be minor discrepancies in advertising messages and product descriptions in the company's online store regarding the actual features of the product that do not bind the company. The company is bound by all statements regarding the characteristics of the goods, which are included in the specific offer or contract.

The company reserves the right to change the specifications or information from the previous point, without prior notice to the customer, and the specifications and information are binding only if specified in the contract. When dealing with consumers, the company is bound by statements in advertising messages about prices, characteristics of goods and warranty conditions. Prices in advertising messages are marked in euros and include VAT.


Registration

When ordering a product in our online stores https://osebnovarovalnaoprema.si, https://sport-tactical.com, which we own as a company UPline d.o.o. it is possible to purchase products for guests. With larger orders through online stores, it is also necessary to register. The following information is required for a successful purchase: the payer's address or delivery address, mobile telephone number and e-mail address to which the customer receives the certificate and in the case of a legal entity also the tax number of the company. With a successfully placed order or. by purchasing on the website you agree to all the terms of business of UPline d.o.o.


The online store https://osebnovarovalnaoprema.si/ is intended exclusively for legal entities, associations, farms and public administration. We enable individuals to purchase directly in our company.


Ordering

All orders are made through online stores https://osebnovarovalnaoprema.si, https://sport-tactical.com, which we own as a company UPline d.o.o. and are available 24 hours a day, 7 days a week. You can choose from all published products, but if the desired product is not in stock, send us an inquiry to E: info@upline.si and we will agree on when and how delivery is possible. The products in the online stores are of high quality and in accordance with the standards provided by our suppliers. For more detailed information on the composition of each product, write to us by e-mail.


Product prices

Prices are valid until the publication of the new price list on the website. All product prices in the online stores of UPline d.o.o. are in euros with 22% VAT added. In the mobile version of online stores, prices are published in euros without VAT.

The products are delivered by Pošta Slovenije, d.d., according to the price list published on the website www.upline.si. Prices are subject to change at any time if market conditions and our suppliers change. We reserve the right to change prices whenever necessary, but at the same time we strive to provide you with the terms of purchase at the most optimal prices that we can provide at a given time.


Contract of sale

The purchase contract between the bidder and the buyer is concluded at the moment when the buyer places an order on the website. From this moment on, all prices and other conditions are binding for both the provider and the buyer. The company issues a written invoice to the user who buys a product from the online store, with a breakdown of costs.

The sales contract between the user (buyer) and the company is concluded in the form of a purchase order and is stored electronically on the company's server, so it is accessible to the user (buyer) at any time in his user profile. The sales contract is concluded in the Slovenian language.

The contract will be stored at our company, it can be accessed in person at the company's address, by mail or e-mail.


Invoicing:

The company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the e-mail address specified by the customer when placing the order on the company's website. At the request of the customer, the company attaches a printed copy of the invoice to the ordered products, recorded under the notes when placing the order.

It is the customer's duty to review all order data and specifications before executing the order. Subsequent objections to the irregularity of the invoices issued are irrelevant.


Discounted products are marked "SPECIAL OFFER".


Placing an order

It is also possible to place an order by phone. By calling the ordering number T: 03 620 89 82, the customer can place an order, which must also be confirmed in writing in clear words (e.g. “I confirm the order”) by replying by e-mail to the confirmation provided to him when placing the order. The contract is concluded when the buyer sends a written statement that he accepts the offer. Pursuant to the Consumer Protection Act, the buyer is charged only for the basic price of a telephone call charged by the telecommunications operator for calls to a telephone number.

Order status

You will receive the status of the order by e-mail. You can receive any changes to the order to your e-mail address provided at the time of purchase. You will also receive an email if any of your ordered products are not currently available or are available later than anticipated by the supplier.


Delivery deadlines

Delivery times are short in case the product is in stock. Products in stock in the company are available within 3 working days. In cases where the product is not in stock at the company, but in stock at the supplier, delivery times are up to 8 working days, if we confirm this when ordering. Longer delivery times are mainly for products for which suppliers cannot guarantee immediate delivery. In principle, delivery times do not exceed 14 to 30 days from the confirmed and paid order, but they can still be longer than 30 days.


Delivery deadlines

• up to 3 days if the product is in stock at the company's address. Follow the category https://osebnovarovalnaoprema.si/na-zalogi-v-podjetju/

• up to 8 days if the product is in stock at the supplier. Confirm upon receipt of the request!

• up to 30 days if there is an extraordinary demand for the product

• over 30 days if the supply of raw materials and goods on the market is disrupted - emergency!


Delivery times may be longer than 30 days:

• if the supplier does not have the product in stock

• products are made to order

• products are pre-ordered from production

• Products are in limited quantities

• There is a shortage of material on the market

• There is a shortage of products on the market

• There are problems with transport and logistics

Emergency


Post of Slovenia

We cooperate with Pošta Slovenije, d.d., which ensures fast and reliable delivery of packages. In most cases, customers receive the ordered products the next working day. During seasonal sales and promotions, due to increased traffic, the processing time of your order may be extended.

DHL Shipping services

https://www.dhl.com/si-en/home.html


Methods of payment:

Cash in Advance

We issue a Proforma Invoice for the ordered goods to the customer of the online store, immediately after the purchase, which is settled by transfer to the company's business account. The goods will be shipped when they are in the business account of UPline d.o.o. it is evident that the payment was successfully made and also in accordance with the delivery time agreed with the buyer. This method of payment is intended primarily for legal entities, public institutions and associations.


Via the STRIPE payment module

We enable the customer of the online store to pay via credit cards or directly via his online bank. Stripe is a global payment platform for online payments. Stripe supports all major debit and credit cards: Visa, Mastercard, Maestro and American Express, as well as a range of e-wallets and other means of payment. In Slovenia, it supports all major payment cards.


Replacement of goods

If the customer has ordered a product that does not suit him in any way (too big, too small,…), he can replace it with us in accordance with the Consumer Protection Act. He must inform us of the desired replacement within 8 days at E: info@upline.si. For our information and by agreement, the product will be sent to the address for exchanges and returns:

UPline d.o.o., Zalog pri Šempetru 19A, 3311 Šempeter v SD.

And we will send him another, according to the agreement. The only cost borne by the customer is the cost of returning the product.


Cancellation of the order and non-acceptance of the shipment

The customer can cancel his order within 24 hours after placing the order. In the event of timely cancellation of the order, no costs will be incurred by the buyer in this regard. You can cancel the order at E: info@upline.si. The customer can also cancel his order later, but only if we inform him by e-mail that the product he ordered cannot be delivered on time.

In case of non-acceptance of the shipment for which there is no credible explanation of the buyer, we issue an invoice for postage and packaging to the buyer according to the valid price list of the company.


Complaints and returns

We will try to resolve any complaints for the benefit of the customer, in accordance with the provisions of the Consumer Protection Act.

Pursuant to the Consumer Protection Act (ZVPot), the consumer has the right to notify the company within 14 days of receiving the goods. declares that it withdraws from the contract (purchase) without having to state the reason for its decision. The buyer can submit a notice of withdrawal to the company with an unambiguous statement, which he sends to E: info@upline.si, from which it is clear that he withdraws from the contract. The consumer shall be deemed to have given his statement of withdrawal in due time if he sends it within the time limit set for withdrawal from the contract.

After that, the buyer has 8 days to return the goods in the same quantity and form and send them to the company at the address for returns and exchanges: UPline d.o.o., Zalog pri Šempetru 19A, 3311 Šempeter v SD. The only cost borne by the consumer in connection with the withdrawal of the contract (purchase) is the direct cost of returning the goods. ga. We do not accept returns of goods with ransoms! The consumer is considered to return the goods on time if he sends them before the expiry of the 8-day return period.


The customer must enclose a copy of the invoice with the return. As stated in Article 43.d of the ZVPot, we return received payments to the consumer with the same means of payment as used by the buyer, unless the buyer has explicitly requested the use of another means of payment and if the buyer does not bear any costs. The buyer cannot claim reimbursement of additional costs incurred if he has explicitly opted for a type of shipment other than the most affordable standard shipment offered by the company. We will refund the money as soon as possible, but no later than 8 days after receiving the notice of withdrawal.


Image material of online store products

Pictures or Due to the specifics of the online store, photos of products published in online stores owned by UPline d.o.o. are digitally processed, so we do not rule out a discrepancy in the color shade of the received products. Differences in the color hue of the product can also occur due to the use of different display settings and the use of different devices to access the desired online store. Each device (computer, mobile phone, PDA,…) displays colors and color shades with a certain deviation from the actual situation.


Consumer rights and obligations - the right of the consumer to withdraw from the contract

According to the Consumer Protection Act, the consumer has the right to inform the company within 14 days of receiving the goods that he is withdrawing from the contract, without having to state the reason for his decision. The deadline starts one day after the date of receipt of the goods.

Withdrawal from the contract is notified by the consumer to the e-mail address of the seller of the store: info@upline.si or in another way provided by other contact details of the company or using the form in the appendix to these General Terms and Conditions. The consumer must state his will to withdraw from the contract clearly and unambiguously. If the consumer chooses to use the withdrawal form, the company shall immediately send the consumer an e-mail acknowledgment of receipt of such withdrawal form on a durable medium.

In the event of withdrawal from the contract, the consumer either returns the goods received or sends them to the business address. The buyer must return the received goods to the company no later than 14 days after notifying the company of the withdrawal from the order.

The consumer is liable only for the reduction in the value of the goods if the reduction in value is the result of conduct which is not necessarily necessary to establish the nature, characteristics and functioning of the goods.

If the consumer withdraws from the contract, the company shall without undue delay return the payments received with the same means of payment as used in the original transaction, unless the consumer has explicitly requested the use of another means of payment and the company does not incur any additional costs.

The consumer shall state his personal data (personal name and contact details) together with the statement of withdrawal. The company refunds the purchase price and all other payments no later than 14 days after receiving the notice of withdrawal, but the company may withhold the refund until the returned goods are received or until the consumer provides proof that he actually sent the goods.

The only cost borne by the consumer in connection with the withdrawal is the cost of returning the goods.


The consumer does not have the right to withdraw from the order in the cases specified in paragraph 5 of Article 43.č of the Consumer Protection Act, for contracts:

• goods manufactured to the consumer's exact instructions and tailored to their personal needs;

• goods that are perishable or expire quickly;

In the event that a coupon has been used to pay for the order (or part of the value of the order), in the event of withdrawal from the contract, the coupon will be returned to the consumer in the same amount as the coupon. In the event that a promotional discount code has been used when placing an order, the consumer will be refunded in the form of a new promotional code in the event of withdrawal from the contract.


Acquaintance with liability for material errors:

According to ZVPot, the error is real:

• if the thing does not have the properties necessary for its normal use or for marketing;

• if the thing does not have the properties necessary for the special use for which the buyer is buying it, but which was known to the seller or should have been known to him;

• if the thing does not have the characteristics and qualities that were explicitly or tacitly agreed or prescribed;

• if the seller has delivered an item that does not match the pattern or model, unless the pattern or model was shown for notice only.

For online purchases, the customer, who is a consumer in accordance with the provisions of ZVPot, can file a complaint due to a material defect in the two years since the item was delivered, as evidenced by the original invoice and delivery certificate.

The buyer can exercise his rights in the following way:

• if it notifies the seller of the defect within two months from the day the defect was discovered;

• the buyer must inform the seller at info@upline.si and describe the defect in more detail and allow the provider to inspect the matter Yes;

• The buyer can notify the provider of the defect in person, for which the seller must issue a certificate.

The buyer, who has correctly notified the bidder of the error, has the right to require the bidder to:

• rectify the defect in the goods or

• returns part of the amount paid in proportion to the error or

• replaces defective goods with new faultless goods, or

• returns the amount paid.

If the defect is not disputed, the provider will comply with the customer's request as soon as possible, but no later than within eight days. The bidder shall respond in writing to the buyer's request no later than eight days after its receipt, if the defect is disputed. If the provider destroys or loses a product given to him for repair, maintenance or finishing, he is obliged to deliver the new identical product to the buyer of his choice within eight days or immediately pay compensation in the amount of the retail price of the new product. In the event of an approved complaint for a material defect, the buyer is also entitled to a refund of any delivery costs incurred in the online purchase. A customer who is not a consumer in accordance with ZVPot exercises his rights to warranty claims under applicable law.

Pursuant to Article 32 of the Out-of-Court Dispute Resolution Act (ZIsRPS), the provider informs in the general terms and conditions that it does not currently recognize any IRPS provider as competent for resolving consumer disputes that the consumer may initiate in accordance with this Act. Pursuant to paragraph 4 of the same article, the provider publishes a link to the SRPS platform here.


Personal data protection policy

UPline's privacy policy, which owns online stores, is available here.


Unsubscribe from receiving commercial and informational messages

You can cancel the receipt of advertising and informational e-mails (E-news) by following the link "Unsubscribe from E-news" at the bottom of the message. Re-registration is possible in the online store or by placing a new order.

You can cancel the receipt of commercial and informative SMS messages by unsubscribing on G: 064 298 298 or orally by calling T: 03 620 89 82 during business hours or in writing at info@upline.si, where you state the subject of the message. LOGOUT and the corresponding telephone number. Re-registration is possible by placing a new order.


Ownership

All records, documents, technical documentation and other documentation related to the subject of the contract are and remain the property of the company even after the conclusion of the contract, unless the company has issued written permission to use this material. In the event that the company consents to the use of this documentation, the customer undertakes to use the said documentation exclusively for the agreed purposes; reproduction, distribution, modification, public display and broadcasting and other forms of exploitation without the written consent of the company are prohibited. The client agrees and is explicitly informed that the mentioned documentation represents a business secret of the company UPline doo.

Unless otherwise agreed in the contract between the company and the client, the company retains ownership, copyright and related rights to all documents required or provided in connection with the conclusion and / or execution of the contract.


Business secret

Contracts concluded between a company and a client are a trade secret. It is also a business secret all the information that the company provides to the customer before concluding the contract, such as various manuals, instructions, tables, price lists, business or financial data, etc.

The client undertakes to maintain the company's business secrets throughout the duration of the contractual relationship. Data, the disclosure of which could significantly harm the company, must be kept as a business secret by the client for 5 years after the expiration of the contractual relationship. In the event of a breach of professional secrecy, the client is liable for damages and criminal liability. Exceptions to these provisions may be agreed in the contract by the contracting parties.


Limitation of liability

The company strives to ensure the accuracy of the information published in the online store. Product features, delivery time, or price can change so quickly that a company fails to correct data in the online store. In this case, the company will notify the customer of the changes and allow him to withdraw from the order or replace the ordered goods.

Photographs do not guarantee the properties of the goods. The company strives to provide accurate photographs of the products sold, but all photographs must be taken as symbolic.

The company reserves the right to temporarily disable access to the website in case of technical problems or maintenance work. In the event of technical problems, the company reserves the right to cancel all orders made during the period of technical problems.

In such cases, the company will immediately notify the customer of technical problems and provide instructions on further procedures.

Before visiting the company's website, the customer must, at his own risk, ensure the security of his technical means of accessing the website and the security of usernames and passwords on the website.

The company reserves the right to exceptionally from withdraws from the execution of the order in cases when the ordered products are no longer available, if an increased payment risk of the customer is identified or if there is an obvious error in the price list. In all such and similar cases, the customer will be notified immediately of any withdrawal from the contract by the company.

The company reserves the right to withdraw from the contract if a material error is found in accordance with Article 46 of the Code of Obligations. A material error is considered to be an error in the essential characteristics of the goods and any error which, according to custom in the trade or according to the intention of the customers, is considered essential and the company would not enter into a contract if it knew. This also includes obvious price errors.


Handling complaints and resolving disputes

The exclusive law of the Republic of Slovenia applies to the interpretation of these terms of sale or contracts concluded between the company and the customer. The contracting parties undertake to resolve all disputes amicably, and in the event of exhaustion of all out-of-court channels to reach an agreement, the local competent court in the Republic of Slovenia is competent to resolve the dispute according to the company's registered office.

In accordance with the legal regulations, the company does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by the consumer in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

The provider, which as a provider of goods and services enables online trade in the territory of the Republic of Slovenia, publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS). The platform is available to consumers at the following URL: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

The said regulation derives from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. Regulation (EC) No 524/2013 of the European Parliament and of the Council on online settlement of consumer disputes and amending Regulation (EC) No 2016/2004 and Directive 2009/22 / EC.

The company complies with applicable consumer protection laws. The company provides an efficient and confidential complaint handling system. The complaint must be sent to the e-mail address: info@upline.si. The company will acknowledge receipt to the customer within 8 working days of receiving the complaint and inform the customer about the course and duration of the complaint procedure.


Withdrawal of the Company from the contract

In the event of a breach of the terms of the contract or these general terms and conditions by the customer, the company has the right to withdraw from the contract without further notice to the customer. In such a case, the company returns any amounts paid to the client's transaction account if there is a justified fact.

The company also has the right to withdraw from the contract if the non-consumer party becomes insolvent or insolvent or if it has blocked funds in the business account for more than 15 days, if a compulsory settlement or bankruptcy procedure is initiated or merely proposed.

The company has the right to withdraw from the contract if the customer fails to fulfill its obligations, if the customer provides the company with false information that makes it difficult or impossible to fulfill the contract and if it fails to pay its obligations under the contract and these general conditions.


About UPline doo

UPline d.o.o. is entered in the business register of Slovenia AJPES, branch office Ljubljana, dated 04.10.2018, with registration number 829254000, VAT ID is SI84426977 the company is liable for VAT. The company is not bound by any codes of conduct. The company is entered in the court register under number SRG 2018/39241, District Court in Ljubljana.


Complaints and information - contact:

T: 03 620 89 82

E: info@upline.si


Working hours of UPline d.o.o.

From Mon. until Friday: 08:00 to 16:00

Closed on Saturdays, Sundays and public holidays.