Expar Terms of Use &

General Terms of Sale for Product Purchases

v 1.0. – February 2024

In connection with the Expar Online Portal (https://expar.si/) the following legal entity is acting as the provider of the online platform and seller/intermediary in the sale of products, as the case may be:

LINKING MAP, digitalne rešitve, d.o.o.
Šmartno v Rožni dolini 21A
3201 Šmartno v Rožni dolini, Slovenia, Europe
Company reg. no.: 9114572000
VAT ID no.: SI 68836643
telephone number: +386 41 619 69
email: info@linking-map.com

LINKING MAP, digitalne rešitve, d.o.o. is registered under the registration number 9114572000 with the District Court in Ljubljana as a limited liability company under the filing number 2022/45693 with a paid-up share capital of EUR 7,500 as of 21 April 2022 and collects VAT on all sales/transactions in connection with its relevant VAT number.

Definition of terms

LINKING MAP, digitalne rešitve, d.o.o. (hereinafter: the company): is the developer, owner and provider of the Expar Online Portal (https://expar.si/) under the conditions set out in this document, whereby in relation to consumers, the company also acts as a seller or intermediary in the online sale of products on behalf of the product provider, as the case may be,

Expar Online Portal (https://expar.si/) (hereinafter: the online platform, platform or online shop, as the case may be) includes the computer systems with the associated hardware and software of the company and all related domains and subdomains and the associated mobile applications of the company, regardless of their current, past, operational (e.g. alpha/beta) or language version, which enable the company to facilitate the online sale of products on behalf of each product provider,

product provider: is a legal entity that is acting as the seller of products, which advertises and sells the relevant products on the online platform and which had obtained a valid licence from the company to use the online platform for this purpose,

Terms of Use & General Terms of Sale for Product Purchases (hereinafter: General Terms and Conditions): these General Terms and Conditions are permanently published on the link https://expar.si/en/general-terms/ and represent the contract for the intermediary sale of products on the online platform, that is concluded with each consumer when he purchases a product on the platform from a product provider,

visitor of the online platform (hereinafter: visitor): is a person who has visited or navigated through the online platform and its subpages,

customer (also buyer or consumer): is a visitor who has successfully purchased a product on the online platform,

registered user (also user): is a visitor who has successfully registered his user account for using the online platform,

purchase: conclusion of a distance contract for the purchase of products through placing an order on the online platform concluded between the buyer and the relevant product provider, whereby the contract is concluded in relation to the published price, to the extent of the selected quantities and in accordance with the general terms of the product provider which were in force at the time of purchase and the published product information of the product provider on the relevant product subpage,

product, leisure activity or leisure product: shall mean the physical products, leisure activities (such as tours or sightseeing activities) and any potential digital content that form part of the online offer of the platform at any given time and are available for purchase and are sold on the online platform by the company or an individual product provider, as clearly stated at the time of purchase,

product subpage: the subpage of the product on which an product provider has published the product price, the date of the product and any other relevant information about the product and on which the buyer can purchase products for the product in question,

online offer (also offer): includes the offer of goods, goods with digital elements, the offer of digital content and the offer of services that the company itself or through its partners offers to consumers on the online platform for remote purchase. The offer of the online platform shall always be the offer that was available to the consumer on the date of purchase on the online platform, comprising the main features of the goods, content or services, to the extent that they correspond to the data medium and the goods, content or services,

Copyright and intellectual property protection

The text of these General Terms and Conditions and other legal documents of the online platform, as well as its associated software and all databases (including their selection, arrangement and composition) and all content, including all text, graphics, logos, trademarks, images, are the exclusive property of the Company or its partners (i.e. product providers).

Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance of the software or online offer/digital content is strictly prohibited.

Access to the online platform and responsibility for the smooth operation of the online shop

In order to visit and use the online platform, the visitor may elect to use the platform and place orders as an unregistered user or to register a user account (by inputting his email address in the specified form and following the described registration steps) and possess his/her own means of communication or a device with the appropriate hardware and software that allows the transmission, display and exchange of data and information over the internet.

Visiting and using the online platform is free of charge (with the exception of normal and foreseeable costs incurred by the visitor when using the means of communication, such as the payment of the electricity connection, the internet connection, the mobile data lease, etc.) except with the exception of gaining access to parts of the online platform, that are behind a pay-wall (e.g. paid content, subscriptions, etc.).

The visitor is responsible for the proper functioning, use and protection of his/her own means of communication or device (e.g. security of passwords, security of the mailbox through which the visitor exchanges key messages with the company in connection with the purchase, downloading of browser and other software updates, etc.).

Despite the company’s diligent efforts to offer the possibility of accessing and operating the online platform in the expected, safe, unhindered and correct manner, failures may occur in terms of restrained operation and inability to access the online platform, which are outside the company’s sphere of influence and for which the company accepts no responsibility.

Defining the relationship between the buyer, the company and the product provider

The company offers its online platform and acts as an intermediary in the online sale of products on behalf of the respective product provider (i.e. concluding distance contracts with consumers via the internet), or as the seller vis-a-vis the buyer, as the case may be and as is clearly indicated in each case on the relevant product subpage before purchase in accordance with the provisions set out in these General Terms.

In accordance with applicable Consumer Protection and the “Digital Services Act” legislation, the company performs its activities as an information society service, whereby the company acts as an online platform service provider and intermediary in the sale of products (i.e. a “marketplace”).

Consequently, the company does not act as a seller or product provider of individual products (unless this is specifically stated on the relevant product subpage prior to purchase) in relation to which products are offered on its online platform, nor is it responsible for the delivery/execution of such products, their quality, and other possible shortcomings of such products, whereby such responsibility is always borne by the individual product provider.

In cases where the company is not acting as the seller of the products (or any other digital content), by purchasing a product on the online platform and in the part related to the payment and electronic delivery of the product, the relationship between the company and the buyer is established, and in all other parts, the relationship exists only between the buyer and the relevant product provider, whereby in these parts the individual general terms for the sale of products as well as any other business conditions and business decisions adopted by the product provider, may apply, as indicated at the relevant product subpage.

The product provider may also make a decision on when to cancel or postpone an product and whether the products can be returned, exchanged, or forwarded to another person, whereby the company, as an intermediary in the sale of products, will cooperate with product buyers to ensure that all of their consumer rights are protected and help resolve their claims with the product provider in question.

The information pertaining to a product or to a product provider is always listed on the relevant subpage of the product.

The company is in no way responsible for the actions of product providers or other related third parties, or for the actions of product providers who sell products in their physical stores, and is also not responsible for the return of physical products through the post or other courier services.

In the event of product of cancellation or a change in the place or date of the product (in cases where the product involves tours, sightseeing or other similar activities), the company acts only as the product provider’s intermediary in relation to the remediation of the situation and any refunds, whereby in accordance with these General Terms and Conditions, buyers may first contact the company with their claims in such cases.

In cases where the company is explicitly stated as the product provider or as the seller of online products (or other digital content) these General Terms and Conditions (and any applicable consumer protection laws) apply to all aspects of the sale.

Validity of these General Terms and Conditions

These General Terms and Conditions represent the contract between the company and the buyer (whereby the company is either acting as the seller or as the intermediary, as indicated in each individual case), which the buyer concludes by placing an “Order” for products on an product subpage at the moment when, upon prior confirmation of the entry field “I agree with the General Terms and Conditions of the Expar Online Platform”, he clicks on the “Confirm payment” button and thus validly purchases products.

Customers are kindly asked to carefully read the provisions contained herein before making any purchase on the online platform and to also observe any and all product provider general terms, which shall also be made available to the customer prior to any purchase in situations, where the company is only acting as the intermediary in relation to the sale of products (or other products).

In cases where the company is not the product provider or the seller of products or other products, the buyer is also bound by any general terms and conditions or terms of sale to which he explicitly agreed to (i.e. clicked an empty entry field), that are made publicly available to him on the product subpage by the product provider prior to the purchase of the products and which govern any and all product related subjects (such as refunds, prices, etc.).

The buyer is always bound only by the latest version of these General Terms and Conditions, which is valid at the time of purchase and as such is always available at https://expar.si/en/splosni-pogoji-poslovanja/. Purchases already made will always be assessed in accordance with the General Terms and Conditions in force at the time of each purchase and any applicable product provider general terms and conditions or terms of sale, which the buyer assented to.

If a conflict exists between the provisions of these General Terms and Conditions and other possible general terms and conditions or company policies, the provisions that are more specific, depending on the subject that is at issue, shall apply (i.e. refunds shall always be considered in relation to any possible provisions that the product provider had in place at the time of purchase, if they had been made available to the buyer prior to purchase and the buyer had assented to them).

If the competent court or other competent authority decides that any provision of these General Terms and Conditions is null and void or otherwise unenforceable, the remaining provisions of these General Terms and Conditions shall remain in force as far as possible.

Nothing in these General Terms and Conditions creates a relationship of representation or partnership between the company and the user or buyer.

These General Terms and Conditions do not regulate the protection of personal data and the use of cookies in connection with the online platform, nor do they provide information under Article 13 of the General Data Protection Regulation (GDPR), whereby this area is covered by our Data Processing Notice, which can be found here: https://expar.si/zasebnost.

Changes to these General Terms and Conditions

When implementing additional services and technologies, when new circumstances arise and in all possible other relevant cases, the company reserves the right to change these General Terms and Conditions. If these General Terms and Conditions are amended, the company will do everything in its power to inform users or customers about this via normal electronic communication channels (e.g. by way of an email message that is sent to the user’s e-mail address in cases of larger changes) or by way of a notice that will be published on the online platform.

The fact that the buyer has confirmed the entry field “I agree with the General Terms and Conditions” and has placed a new order after the amendment of these General Terms and Conditions constitute the buyer’s assent to the relevant amendment of these General Terms and Conditions.

If the buyer does not agree with the amendment to these General Terms and Conditions, he is obliged to inform the company thereof no later than by the submission of a new order under the amended General Terms and Conditions, whereby the company has the right in such cases to refuse to do business with such a buyer or to withdraw from the concluded contract within the withdrawal period, which is previously notified to the buyer.

On the subpage https://expar.si/en/splosni-pogoji-poslovanja/ of the online platform, only the General Terms and Conditions in force at that time will always be published.

Certain parts of these General Terms as prescribed by consumer protection laws (such as provisions on prices, amounts, the statutory refund period, etc.) are jointly deemed as “compulsory information provided by the company to consumers before any purchase” and form an integral part of the contract between the company and the buyer, which can be subsequently changed as such (i.e. after the purchase has been made) only with the express consent of both contracting parties.

Storage and access to the text of these General Terms and Conditions

The Company permanently keeps the latest and past versions of these General Terms and Conditions. Any buyer may at any time request the company to provide them with the General Terms and Conditions that were in force at the time of their purchase. These are provided by the company free of charge on a durable medium, and the General Terms and Conditions in question constitute a valid contract between the buyer and the company.

In the above case, you can contact the company at any time by sending an email to: info@linking-map.com

Responsibility for the operation of the online platform

The company strives to ensure that access to or use of the online platform through normal communication means is available to all users in a continuous, uninterrupted and secure form, but this can be hampered by a number of factors beyond the company’s control.

Consequently, the company shall not be liable to the users of the online platform in relation to the suspended operation of the online platform and the possible inability to access the related content and products offered on the online platform, to which the user agrees using the online platform.

In the product of major serious outages of the operation of the online platform, the company reserves the right to cancel all orders made during the partial or complete non-functioning of the online platform, whereby the company will always inform all users who have validly submitted their orders at that time and agree with them individually on a possible refund or delayed electronic delivery of products, subject to any applicable refund provisions or related laws.

User account registration and responsibility of the registered user

A visitor can register a new user account by clicking the “Register” button on the “Login” subpage and entering their name, surname, e-mail address and password to access the account, and clicking the “Register” button upon prior confirmation of the “I agree with the General Terms and Conditions” entry field.

If the user would like to change their data later, they can do so by clicking on their username in the upper right corner and clicking on the “User account” button in the new window, and by clicking on the “Change data” or “Change password” buttons, entering new data in the appropriate fields. The user can also contact the company in this regard via the e-mail address info@linking-map.com.

The change of email address will be made on the same or the next working day at the latest and the user will be notified via email.

The user guarantees to the company that all the information provided by him in connection with the registration of his user account is accurate, true and correct, and that he will not use the online platform contrary to these General Terms and Conditions. The company is not liable in relation to the misuse of personal data, insofar as they are the exclusive result of an error or security flaw on the part of the user.

If a visitor provides inaccurate, untrue and incorrect information to the company when registering a user account, or if the company has reason to believe that the information is inaccurate, untrue, incorrect, the company has the right to terminate all registered user accounts of such a visitor.

Each user is solely responsible for all activities on and in connection with his/her user account and is obliged to protect his/her username and password from unauthorised use. In the product of unjustified use of the user account and/or password, or in the product of suspicion that someone has committed a criminal offence with his user account, or otherwise caused damage, the registered user is obliged to immediately inform the company via the e-mail address: info@linking-map.com.

The competent court may order the company to stop the violation carried out by the user on the online platform, or to remove or disable access to illegal content for the purpose of detecting and predicting criminal offences, protecting privacy, protecting classified information and business secrecy. Such a proposal may also be submitted to the court in the public interest for supervision by the competent administrative authorities, in accordance with sectoral legislation, and the company will, in all such cases and insofar as this is not inconsistent with the order or applicable regulations, notify the user concerned via e-mail.

Use of the online platform by minors and persons with limited or reduced legal capacity

The user account registration process was created taking into account the principle of minimization of personal data collection, which means that the company does not collect the birth years of registered users, whereby under the threat of breaching these General Terms and Conditions and the termination of the user account, this is guaranteed to the company by each individual user at the time of registration. Otherwise, the Company does not accept orders from persons under the age of 18 or persons with limited or deprived legal capacity, unless they have previously obtained the explicit permission of the legal representatives of such a person in this regard. All such persons must contact the company in this regard before registering an account or making a purchase on the online platform at: info@linking-map.com.

Consequently, the company does not knowingly offer products from the offer of the online platform to minors or persons with limited or deprived legal capacity, and does not knowingly process any personal data related to them, and does not consciously offer access to products for products that could be harmful to children or which are not intended for persons under the set age limit.

If the company subsequently determines that it is processing the personal data of a minor or a person with limited or reduced legal capacity without the consent of a parent or guardian, it will do everything necessary to delete all personal data provided by such persons and potentially refund any transactions, as the case may be.

If the parents or guardians of a minor or a person with limited or deprived legal capacity determine that their child or ward is using online platforms, or that they have voluntarily provided other personal data to the company in addition to the e-mail address, they may notify the company and request the deletion of such personal data at info@linking-map.com.

Any communication intended for persons in relation to which the company has been notified, or for whom the Company has itself established that they are under the age of 18, or that they have limited or reduced legal capacity, will be appropriate to their age and will not take advantage of their confidentiality, lack of experience or sense of loyalty.

Any individual age limits that relate to a particular product are indicated by the product provider on the product subpage.

Purchasing products on the online platform (technical procedures for concluding a contract)

A user or platform visitor makes a purchase on the online platform by completing the steps described below:

navigation to the online platform through an online browser,
searching form clicking and inspecting individual products such as products and digital content on the relevant product subpages or elsewhere on the platform by clicking on the images or graphics that symbolically represent an individual product or product,
viewing the product and selecting the quantity of product to buy by clicking the relevant buttons (“+” or “-“),
selection of other potential product specifications (e.g. choice of seat, date of the product, product upgrades, streaming format, etc.),
the user enters the required data (name, surname, e-mail address) for the execution of the order and the execution of the electronic delivery of the product in the appropriate fields or logs in with their existing user account
the user enters any coupons or discount codes,
the user chooses the desired payment method,
the user checks all the entries (specification or quantity of the selected product, data for the execution of the purchase and electronic delivery, the selected payment method), changes them if necessary and double-checks the total price of all selected products, which includes taxes or other duties and costs, enters any coupons or discount codes, and if they agree with all the provisions of these General Terms and Conditions (and/or the general terms or terms of sale of the product provider that is acting as the seller, as the case may be) and want to make a purchase, they click on the “Confirm payment” button before filling in the relevant “I agree with the General Terms and Conditions” field(s).
By clicking on the “Confirm Payment” button, the contract between the buyer and the company (and/or the product provider, as the case may be) regarding the purchase of the selected products is concluded.
If the order has been successfully submitted, the user receives an order confirmation at the e-mail address he had entered and whether the order had been accepted.
The order confirmation contains a summary of the entire order together with the order number, order status, list of purchased products together with the price breakdown and all costs, taxes and duties.

Acceptance of the order and confirmation of the order by the company and limited possibility of withdrawal from the contract (order) without consequences:

After placing the order, the system automatically delivers the purchased products electronically to the buyer’s e-mail address, which the buyer has forwarded to the company for this purpose (or immediately offers access to the purchased digital content).
In certain rare cases ( explicitly indicated as such on the relevant product subpage), physical products may also be sent to the buyer via regular post.
After confirming the order, the company may also inform the buyer by e-mail about the product provider’s possible change of the date of execution or the venue of the product, if it differs from the one published on the relevant subpage of the product of the online platform at the time of the buyer’s purchase, whereby the buyer will be notified via the entered e-mail address by the company, and in this case he will be able to withdraw from the contract (order) without any consequences, and the company will reimburse him the full purchase price, as defined in the chapter “Withdrawal from the contract” of these General Terms and Conditions.

Technological means that enable the identification and correction of errors before placing an order

Before submitting a an order, the user (customer) via the graphical user interface may, with immediate effect, easily and without any hindrance:

see and review which products he has selected and added to the shopping cart/checkout page;
see and review the price of each product and the total price of the entire selected quantity of products;
changes the selected quantity of each product and calculate the new price of the quantity thus changed (click on the “+” or “-” button);
remove the selected products that he does not want to buy (click on the relevant symbol next to the price of the selected products) and thus automatically return to the previous step.

Before confirming the order, the user via the graphical user interface may, with immediate effect, easily and without any hindrance:

change the selected quantity or specifications of the order;
change the selected payment method and;
review and confirms individual changes to the order;
return to the previous step at each of the steps (e.g. clicking on the relevant symbol next to the price of the selected products).

Validity and portability of the product and resolution of disputes related to product purchases

Unless otherwise stated by the product provider in the applicable terms and conditions or terms of sale for products in relation to which the product provider is acting as the seller, it is considered that:

– each product offers a valid entry to the product only to its holder,

– each leisure product is valid only for events/tours/sightseeing activities on the dates and as listed on the subpage of the product.

– tickets or other entry vouchers for leisure activities may not be misused, altered, copied or otherwise falsified.

Respecting leisure activity rules or other restrictions (e.g. age, prohibition of entry with alcoholic beverages, etc.) may be a valid condition of entry / participation in a given leisure activity the product provider may prohibit individuals from participating in such activities if such restrictions or rules are breached, whereby such rules and restriction shall be made known to the buyer on the product subpage or in the relevant terms and conditions or conditions of sale prior to purchase.

The company is not liable to the buyer or product holder in connection with the refusal of entry/participation in a leisure activity in connection with which the product provider had justified on the basis of their own judgement and their own terms or rules, if the company is not explicitly named as the product provider and seller of products on the product subpage. The company will always endeavour to have such product rules and restrictions published by each product provider on the respective subpage of each product.

The company will endeavour to settle any disputes between the product provider and the buyer or product holder (e.g. on the existence, validity and transferability of the product) after being notified by either party of such a dispute at: info@linking-map.com.

If the company had not been explicitly named as the product provider or product seller and the product provider reasonably refuses a buyer to participate in a leisure activity, the company is not obliged to reimburse the buyer or product holder for the purchase price of the product (ticket / leisure activity voucher), which was successfully delivered electronically to the entered e-mail address in accordance with these General Terms and Conditions. Such remediation shall be the sole responsibility of the product provider which had been indicated as the product seller at the time of purchase on the relevant product subpage.

Invoice forwarding

When acting as an intermediary in the sale of products (i.e. when the product provider is indicated as the seller of the products) the company shall collect and forward the purchase price to the relevant product provider

In connection with any purchase on the platform, the company always provides its own (in cases where the company is acting as the product seller) or the relevant product provider’s invoice, as the case may be to the entered email address of the buyer.

The buyer is obliged to save the invoice for the purpose of possible withdrawal from the contract and return of the product, as defined in the relevant chapters of these General Terms and Conditions.

The buyer is obliged to verify the correctness of the data before placing the order. Later objections regarding the regularity of issued invoices shall not be considered.

Payment Methods

Purchases on the online platform can be made in the following ways:

– payment via Stripe

Delivery of physical products

After receiving the payment based on the selected payment method, the system will automatically notify the relevant product provider who shall commence with product delivery.

If the products have not been delivered to the buyer, the buyer must immediately notify the company at the e-mail address info@linking-map.com (see the chapter “Material defects” or “Exercise of material defects and complaints” of these General Terms and Conditions).

Electronic delivery of tickets or vouchers for leisure products

After receiving payment based on the selected payment method, the system will automatically forward any vouchers or tickets for leisure products to the email address of the buyer, as the case may be.

If the products have not been electronically delivered to the entered e-mail address of the buyer, the buyer must immediately notify the company at the e-mail address info@linking-map.com (see the chapter “Material defects” or “Exercise of material defects and complaints” of these General Terms and Conditions).

The buyer is not charged for the costs of electronic delivery of products after a successful purchase.

Product prices and delivery fees

All listed product prices are valid at the time of placing the order.

The product offer is valid as long as the products of the sales program are in stock or in the offer.

All prices on the online platform are listed in euros and include VAT unless clearly specified as being listed VAT free.

Discounts, promo codes, discount codes and vouchers

Promotional codes, discount codes and vouchers can be used by entering the code in the appropriate field at the respective step of the purchase, as described in more detail in the chapter “Online platform purchase procedure”.

Discounts and other benefits that affect the price of the product, as well as discounts on products that are specifically marked as indicated in the “Special product tags” section, are not cumulative.

Promotional codes, discount codes and vouchers are added together with the discount of each product, but only one such voucher code can be applied to each product at a time.

Promotional codes, discount codes and vouchers cannot be exchanged for cash or other form of benefits from the company.

Special product tags

The tag “New” indicates a product that was not yet available for purchase before being placed among the offered products of the online platform. Such a tag will have the product for a minimum of 14 days and a maximum of 2 months.

The tag “Discount” or “Sale” is used to tag a product that has a price reduced to a significant extent, depending on the price it had before receiving this tag. The percentage of reduction is indicated next to the product.

The tag “Not currently in stock” or “Not currently available” may indicate a product that the online platform does not currently have in stock and will not be able to obtain it from the supplier during the time otherwise foreseen for the delivery of the item in question.

Your right of withdrawal when purchasing physical products

When purchasing physical products from our company and without having to state any reason whatsoever, you may exercise your statutory right of withdrawal and return the Product to us in exchange for a full refund.

You may do this by sending us an email (or letter / fax message) containing your clear and unequivocal intent regarding the withdrawal within 14 calendar days from the day the Product had been delivered to you or to a third party (as indicated by you and referring to the carrier), whereby if you have ordered multiple Products which formed one order but arrived in separate parts, within 14 calendar days after the last Product from that order had been delivered.

It is sufficient that you send such withdrawal notification to us before the stated withdrawal period ends.

Should you choose to withdraw, you are required to return the applicable Products without undue delay to us no later than within 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.

We also have a statutory right to refuse your right of withdrawal for Products that have been made to your specification, or which have been personalised, or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, or where sealed Products have been supplied which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery (i.e. hygienically sealed products).

Please make sure that the Products you wish to return are not missing any parts (e.g. both items of a pair must be returned) and that they have not been used in any way other than what is reasonably necessary to decide their properties and if you want to keep them.

If you do not comply with the foregoing and the value of the Products you wish to return has diminished as a consequence of your unnecessary use, we can hold you liable for such diminished value by lowering the refund amount or, in extreme cases, rejecting your right of withdrawal entirely.

We shall reimburse to you all payments received in connection with the Products you are withdrawing from, including the Costs of delivery (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than 14 calendar days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the Products back or until you have supplied evidence of having sent back the Products.

You can also inform us that you want to exercise your right of withdrawal by way of a printed withdrawal from that you can find here and send to our address, as stated in the previous paragraph.

Withdrawal refund information

Should you wish to exercise your right of withdrawal and obtain a refund in connection with a product where our company had been acting as the seller, please see section Your right of withdrawal when purchasing physical products.

When returning the Products in connection with your withdrawal from this contract, you should seal the applicable Products in a normal parcel and send them by ordinary post to our address at:

LINKING MAP, digitalne rešitve, d.o.o.

Šmartno v Rožni dolini 21A

3201 Šmartno v Rožni dolini, Slovenia, Europe

All withdrawal refunds shall include the full amount you paid for the Product including any and all taxes as well as the Costs of delivery (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) from the applicable Order Confirmation, whereby we shall not refund you the shipping costs you might have incurred when returning the Product back to us.

You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed, or as specified by you in your withdrawal notification or physical withdrawal form.

The refund will be processed as without undue delay and in any event no later than 14 calendar days from the day on which we are informed about your decision to exercise your right of withdrawal.

We may however choose to withhold the reimbursement until we have received the Products back or until you have supplied evidence of having sent back the Products.

We do not accept packages sent with Collect on Delivery (COD).

Withdrawal from the Contract when purchasing leisure (i.e. outdoor activity) products

In accordance with EU consumer protection legislation, the buyer has no right to withdraw from the contract for leisure services where the company undertakes to fulfil its obligation at a specific date or within a specific deadline, whereby the purchase of products on the online platform represents such a service.

Consequently, if there is no change in the date or place of the product, or cancellation of the product, it is not possible to withdraw from the contract in connection with any purchased products, unless the specific terms and conditions or terms of sale of the relevant product provider/product seller, which had been in place at the time of purchase and made available to the buyer on the relevant product subpage, prescribe a different remedy.

It thereby follows from the above-stated that product purchases on the online platform are generally binding and that withdrawal from the contract is not possible unless the specific terms and conditions or terms of sale of the relevant product provider/product seller, which had been in place at the time of purchase and made available to the buyer on the relevant product subpage, prescribe a different remedy.

When can a consumer still withdraw from the contract when purchasing leisure products?

Notwithstanding the above-stated, in cases where the product provider subsequently changes:

– the date of the product,

– place of the product:

– or cancels the execution of the product,

and consequently the buyer does not want or cannot attend such an product, it is nevertheless possible to withdraw from the contract (unless the specific terms and conditions or terms of sale of the relevant product provider/product seller, which had been in place at the time of purchase and made available to the buyer on the relevant product subpage, explicitly excluded such possibility and this is not in contravention with local EU consumer protection laws).

The company or the product provider (dependant on who had been acting as the seller of products) will examine the notifications received in a timely manner and, in the product of justified withdrawals from the contract, return the full purchase price to the buyer, as defined in the chapter “Refund of payments to the buyer in the product of withdrawal from the contract”. In certain cases, the buyer is obliged to return the products beforehand, as defined in the chapter “Return of products in case of withdrawal from the contract” of these General Terms and Conditions or as defined in the specific terms and conditions or terms of sale of the relevant product provider/product seller, which had been in place at the time of purchase and made available to the buyer on the relevant product subpage.

Deadline for withdrawal and informing the company of the desire to withdraw from the contract?

If the company had been indicated as the seller physical products at the time of purchase on the relevant product subpage, the buyer may notify the company within the statutory period for withdrawal (i.e. 14 days) regarding their desire to withdraw from the contract by either sending the completed form from this link to the address below, or by sending an unambiguous statement clearly stating that they are withdrawing from the contract and which products or product they are referring to, to the e-mail address of the company at info@linking-map.com or at the physical address of the company at:

LINKING MAP, digitalne rešitve, d.o.o.

Šmartno v Rožni dolini 21A

3201 Šmartno v Rožni dolini, Slovenia, Europe

Review and use of products before withdrawal from the contract

The buyer may not use the products until the withdrawal from the contract. The buyer may inspect the products to the extent strictly necessary to determine the actual condition of the product (e.g. correct indications of the product, etc.). The buyer is responsible for reducing the value of physical products if the reduction is the result of actions that are not necessarily necessary to determine the nature, properties and condition of the products (e.g. destruction of he physical product resulting from the buyer’s actions).

EU consumer protection laws also requires us to inform customers that it is not possible to withdraw from the contract for:

products or services whose price depends on fluctuations in markets over which the company has no influence and which may occur within the period of withdrawal from the contract;
• services provided if the company fulfils the contract in full and the provision of the service began on the basis of the buyer’s explicit prior consent and with the consent to lose the right to withdraw from the contract when the company fulfils it in full;
• products that, by their nature, are inseparably mixed with other items.

Refund of payments to the buyer in case of withdrawal from the contract

If the buyer has communicated his withdrawal request to the company in accordance with these General Terms and Conditions and his withdrawal from the contract is justified, the company, as an intermediary in the sale of products (or as the seller of the products, as the case maybe), will refund the paid purchase price for the products as soon as possible, but no later than 15 days from the receipt of the buyer’s notice of withdrawal from the contract.

The company returns the received payments to the buyer (either in its own name or in the name of the relevant product seller/product provider) using the same payment method as the buyer used when making a purchase on the online platform (usually by paying into the buyer’s transaction account), unless the buyer has explicitly requested the use of a different payment method and the buyer does not bear any costs as a result.

Under no circumstances will the buyer be reimbursed for additional costs that may have been incurred as costs related to his planned participation in the product (e.g. air products, hotel reservations, etc.).

When withdrawing from a contract in connection with which a discount code or promotional code has been used, the situation is interpreted as if the price of the ordered product was bought for a discounted price, whereby the buyer does not obtain a new discount code or promotional code in the product of such a refund. Only the amount actually paid for the purchase is always returned to the buyer.

When withdrawing from the contract, any gift voucher shall be considered as a means of payment and returned to the buyer as a new gift voucher, and any amount paid shall be returned in full.

The right to a refund of the purchase price in the product of exercising the warranty and material defects is more precisely regulated by the provisions of the applicable EU consumer protection legislation.

Defects

A product has a material defect if:

does not have the properties necessary for its normal use;
the item does not have the characteristics necessary for the particular use for which the buyer had purchased it, but which the seller was or should have been familiar with,
the item has no qualities and distinctions that were explicitly or silently agreed or prescribed,
the company has handed over a product to the buyer that does not match the sample or model.

A material defect in the ordered product can be claimed by the buyer when purchasing any product on the online platform.

When the buyer claims a material defect in the product, they can choose the following remedies, whereby the remedies indicated first are the ones that the buyer can claim first:

defect rectification
replacing the product with a new flawless product,
return of part of the amount paid in proportion to the error,
repayment of the amount paid.

Enforcement of material defects and complaints

The buyer is obliged to inspect the products upon their receipt. In the product of obvious material defects, the buyer must claim the detected material defect with the company within 8 days from the discovery of the defect.

In the product of a material defect that the buyer could not detect during the inspection of the product, the buyer may claim such a material defect with the company within 2 months from the date on which the defect was discovered.

The buyer may claim a material defect in relation to the purchased product by sending to the company’s e-mail address at info@linking-map.com a message, stating which products he has purchased from the company and when, and what material defect he has detected, whereby it is recommended that he also include in the message the number of the invoice that had been issued by the company in connection with the purchase of the product in question or other evidence proving that he has purchased the product from the company. It is also recommended that the buyer also include in the message images or video footage, or other material explaining the alleged material error.

When the company receives the buyer’s message on the assertion of the existence of a material defect (complaint) and if it agrees with the existence of a material defect (in cases where it had been acting as the seller of the product), the company will comply with the selected request of the buyer (elimination of the defect, replacement of the product, return of a proportionate part of the purchase price, refund of the amount paid) no later than 8 days after receiving the request for the assertion of a material defect (complaint), whereby the company will, in cases where the established request of the buyer would require a longer time for execution (e.g. longer time for the delivery of a new product), notify the buyer within the described eight-day deadline and coordinate with it on further action.

Even if the company does not agree with the alleged existence of a material defect, the company will also respond to the buyer within 8 days.

If the buyer does not receive a response from the company regarding the above, the buyer may submit an application to the Tržni Inšpektorat Republike Slovenije (Market Inspectorate of the Republic of Slovenia), Dunajska cesta 160 1000 Ljubljana, T: +386 1 280 87 00, e-mail address: gp.tirs@gov.si or to any local inspectorate that has jurisdiction to decide in the case.

The company also has a system for handling other complaints regarding products or purchases on the online platform. In the product of a complaint, the user or buyer may contact the company via the e-mail address info@linking-map.com.

Within five working days, the company will confirm that it has received the complaint and notify the user or customer of the progress of the complaint procedure within a further eight days. The company will use its best endeavours to resolve any disputes amicably. If an amicable settlement of the dispute is not possible or achieved, the court in Ljubljana, under whose jurisdiction the case falls, shall have exclusive jurisdiction to resolve all disputes between the company and the user or buyer.

Slovenian substantive or procedural law shall apply to these General Terms and Conditions and to all disputes between the company and the user or buyer.

The provisions of the Obligations Code, the Electronic Commerce Market Act, the Personal Data Protection Act and the Consumer Protection Act shall apply mutatis mutandis to all relationships and to rights and obligations not regulated by these General Terms and Conditions.

In cases where the relevant product provider had been listed as the seller of the product, the company shall forward the buyer’s material defect notification to said product provider, whereby the product providers terms and conditions, which had been made available to the buyer at the time of purchase at the relevant product sub page, as well as any other applicable laws shall govern the defect procedure.

Out-of-court settlement of consumer disputes

In connection with any products that had been sold to the buyer via the online platform by the company, the company does not recognize any out-of-court consumer dispute resolution provider as competent to resolve a consumer dispute that the buyer could initiate.

The company, which, as a provider of goods and services, operates an online platform in the territory of the Republic of Slovenia and, consequently, within the EEA, hereby publishes an electronic link to the EU online dispute resolution platform (SRPS), that is available to all EU consumers.

Content guidelines and content requirements

By using our platform, product providers and users agree not to post any content that violates the following content guidelines and content requirements:

Accurate product Information
– Provide accurate and up-to-date information when creating product listings.
– Clearly state product details such as date, time, venue, participating athletes, and any special features of the product.

Respectful and Inclusive Content

– Avoid content that is discriminatory, offensive, or promotes hate speech.
– Be inclusive in your language and imagery to create a welcoming environment for all participants and fans.

No Misleading Information
– Do not post misleading or deceptive content regarding product details, product pricing, or any other relevant information.
– Clearly communicate any terms and conditions associated with product purchases.

Intellectual Property and Copyright
– Do not infringe on the intellectual property rights of others, including copyrighted material, trademarks, or any unauthorised use of logos and branding.
– Ensure that you have the necessary rights to use any images, videos, or other media in your product listings.

Responsible product Reselling
– If the platform allows for product reselling, ensure that it is done responsibly and within the legal guidelines.
– Clearly communicate any resale terms, and avoid price gouging or other unethical practices.

Professional Conduct

– Maintain a professional tone in all communications on the platform.
– Avoid engaging in any form of harassment, spam, or behaviour that may negatively impact the user experience.

User Safety
– Do not share personal information, including contact details, in product listings or comments.
– Report any suspicious or inappropriate behaviour to the platform administrators promptly.

Compliance with Local Laws
– Ensure that all content and activities on the platform comply with local, national, and international laws.

Content Moderation Practices

Our company is committed to providing a safe and respectful online environment for its users. In order to maintain a positive and inclusive community, we implement content moderation practices to ensure that the content shared on our online platform complies with our guidelines and requirements as listed above under “Content guidelines and content requirements”. The company reserves the right to moderate and enforce these guidelines. Violation of these guidelines may result in content removal, account suspension, or other appropriate actions.

Moderation Process: The company employs human moderators to review and moderate user-generated content. Our team of moderators conducts manual reviews to ensure accuracy and fairness in the moderation process.

Content Removal and Enforcement: Content that is found to be in violation of the company’s guidelines may be subject to removal. In cases of severe or repeated violations, the company reserves the right to take additional enforcement actions, including but not limited to issuing warnings, suspending accounts, or permanently banning users.

Appeals Process: The company understands that content moderation decisions may not always be perfect. product providers and users who believe their content was erroneously moderated have the option to appeal the decision. the company will provide a transparent and accessible appeals process to review such cases, and, if necessary, rectify any mistakes made during the initial moderation. All appeals can be sent to the company via the address info@linking-map.com.

Continuous Improvement and Annual Reports: The company is committed to continuously improving its content moderation practices. User feedback is invaluable in this process, and we encourage our community to report content that they believe violates our guidelines. Such reports contribute to refining our algorithms and enhancing our moderation efforts over time. All reports can be sent to the company via the address info@linking-map.com. Annual reports on content moderation can be found here.

“Notice-and-action” mechanism and “internal complaint-handling system”: The company has set up a “notice-and-action” mechanism, whereby any notice or complaint that a product provider or user deems to be required in terms of content management, can be sent to the company via the address info@linking-map.com. The notice or complaint shall then be reviewed by our staff and handled based on our internal complaint-handling system.

Entry into force of these General Terms and Conditions and archives of past General Terms and Conditions

These General Terms and Conditions shall enter into force on February 14, 2024

Archive of the General Terms and Conditions, which were valid until February 14, 2024 is available here.