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The consumer's right to withdraw from the contract

Vračilo blaga

Goods sold at an online pharmacy can only be returned if they are not goods:

- which is perishable or expires quickly

- which is sealed and consequently not suitable for return for health or hygiene reasons, if the consumer has opened the seal after delivery

- which, due to its nature, is inseparably mixed with other objects

- belonging to the following product groups: medicinal products, food supplements, cosmetic products, certain medical devices (especially those which are in any way inserted into the body or come into contact with liquids, textile products which may stretch during testing, veterinary products (medicinal products , tablets, capsules).

The Consumer Protection Act states that the consumer has no right to withdraw from the contract (in our case, the contract is only an order that becomes valid by sending it via the website www.moja-lekarna.com) in the event that the nature of the products are not eligible for a refund - what these products are described in the above three indents!

In the case of distance contracts, the consumer has the right to inform the company within fourteen days of the physical taking over of the order that he is withdrawing from the contract, without having to give a reason for his decision. In doing so, the consumer is charged the cost of direct return. In case the costs are not settled, measures are followed at the level of all legal options that exist.

The consumer may submit a notice of withdrawal to the company via the form (using the form - CLICK ) or by an unequivocal statement clearly stating that he is withdrawing 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.

In the event of withdrawal from the contract, the company shall immediately or no later than 14 days after receipt of the notice of withdrawal from the contract return all payments received.

The company shall return the payments received to the consumer by the same means of payment as used by the consumer, unless the consumer has explicitly requested the use of another means of payment and the consumer does not incur any costs as a result.

The consumer 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.
In sales contracts, the company may withhold the refund of payments received until the returned goods are accepted or until the consumer provides proof that the goods have been returned, unless the company offers the option to take over the returned goods itself.

If the consumer has already received the goods and withdraws from the contract, returns or delivers them to the company or a person authorized by the company to take over the goods, immediately or no later than 14 days after the notification referred to in paragraph 1 of Article 43.č, to only take over the returned goods. The consumer is considered to return the goods on time if he sends them before the expiry of the 14-day return period.
In connection with the withdrawal, the consumer shall bear only the costs of returning the goods, unless those costs are borne by the undertaking or unless the undertaking informs the consumer in advance that he will bear those costs.

The consumer is liable for a 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. The consumer is not responsible for the reduction of the value of the goods if the company does not inform him of the right to withdraw from the contract in accordance with point 4 of the first paragraph of Article 43.b.
By exercising the right to withdraw from the contract, the consumer does not assume any obligations other than the obligations referred to in this Article and the fourth paragraph of Article 43.d and Article 433e of this Act.

Attention:

This provision of the Consumer Protection Act does not apply if Moja lekarna doo delivers the wrong products or the error is resolved in agreement with the customer.

Products eligible for return

In addition to the sale of the above-mentioned products (food supplements, medicines, medical devices and cosmetics, some accessories for personal use), Moja lekarna doo also sells some products that the customer can still return. These include all those products that do not require temperature-controlled feeding and do not belong to the above groups (eg medicines, dietary supplements, certain medical devices that are inserted into the body or come into contact with body fluids).

Non-refundable products

Product returns are not possible for the following groups: medicines, food supplements, cosmetics, certain medical devices that are inserted into the body in any way or come into contact with liquids, textiles that can stretch during testing (for example, when you bought an undersized number) , veterinary products (medicines, tablets, capsules).

It is also not possible to return products that have been ordered exclusively for an individual customer and are not regularly in stock. In this case, the complaint is rejected (we inform the customer via e-mail).

In the event that the product does not belong to the mentioned medical devices (which are inserted into the body or come into contact with liquids in any way), medicines, food supplements, cosmetics, products ordered only for individual customers, there are also rare products that are not eligible for a refund - such special conditions for the purchase of such a product are clearly marked with a warning next to the product.

When, despite a clear warning, you are still not sure whether the product can be returned, you can always find out about it on the number 040 474 672 or at [email protected]. Any refund you make should be agreed in advance, otherwise the complaint will be rejected without prior agreement.

Article 43 of the ZVPot Act states:

Description of the right to withdraw from the contract in accordance with Article 43.č of this Act; in cases where the consumer does not have the right to withdraw in accordance with Article 43.č, he must be explicitly informed;

All products that are damaged by the consumer (or have been damaged due to improper selection of the postal option by the consumer) or the content is reduced in any way are subject to a claim for reimbursement of the reduced value of the goods. The determination of the decrease in the value of goods is determined through an expert opinion, ie through a court.

Resolving complaints!

Important links:

Liability for actual errors > >

In the event that the error was made by the company Moja lekarna doo, the customer can contact our company by phone 07 3888 000 or write to us about the problem to the email address [email protected].

Cooperation in the case of the customer is necessary in this case for the fastest and easiest possible solution to the problem.

If the delivered products differ in content from those ordered by the customer, the customer contacts Moja lekarna via the contacts published on the website and agrees with the supplier (Žužemberk Pharmacy) on an appropriate solution for incorrectly delivered products (products can be replaced with correct ones if these are available, a refund / credit is also possible). In this case, the provider covers the costs of resending!

In the event that the wrong product was sent to the customer by mistake and the ordered product is not available (current unavailability, cessation of sales of this product, etc.), Moja lekarna doo agrees with the customer to return the product, possibly replace it with a similar product. In doing so, Moja lekarna doo covers the costs of refunding (postage) a product sent incorrectly, which were incurred when returning the goods. Proper communication by the customer is essential in this case!

Attention: redemption packages are not accepted!

Attention: Although the team of the Online Pharmacy Moja-lekarna.com is constantly trying to update the content on the pages www.moja-lekarna.com, some content may still be a bit outdated, the same applies to all image material - we try to make the images as representative and updated.

If the complaint is the result of a purchase made only on the basis of pictorial material on the website of the online pharmacy (with the fact that some pictures are only informative), we process each such case individually - in agreement with the customer. We are always available on 07 3888 000, where you can find out more about a specific product.

In case of any doubts before the purchase, we are at your disposal on the number 07 3888 000 or write to us at [email protected] , with which you can insure yourself against possible dissatisfaction upon receipt of the order. Trained staff will assist the customer in making a decision before making a purchase.

If you decide and want to return the goods, it is necessary to take care of the appropriate protection of the goods, as we want to receive the goods in the form in which they were sent. If you do not agree with the business practices, please let us know your opinion at: [email protected] .

Postage refunds: we need an invoice for the company: Moja lekarna doo, Grajski trg 41, 8360 Žužemberk; tax number: SI93709277

What should I do if I have ordered a package, Moja lekarna doo has already sent it and I no longer need it?

It is necessary to settle postal shipping costs back - we will inform you about the amount via e-mail! In the event that you do not respond to the issued invoice, it is also possible to recover the costs through legal channels - the costs of the procedure can reach a value of 50 to 200 €, which are borne by the client.

Order cancellation is only possible up to one hour after the order is placed . When this time has elapsed, we may have shipped your order (although you have not yet received any notice of shipment).

During the last step of the order, just before placing the order, we warn you (to avoid unnecessary costs) with the following very important sentences :

Please double check all the products ordered below.
Consider whether you really need the products , then click on Submit Order to place an order!

If the price is lower than you are used to, it is a product or medicine exceptionally may with a poorer shelf life. However, this is not always the case. The staff of the company Moja lekarna doo makes sure that the product can be used up to the end within the mentioned period of use.

We never complicate or charge additional amounts when it comes to returning products! According to the Consumer Protection Act, you can return them without explanation. You are only charged the cost of returning the products!

All disputes under this title and other possible disputes shall be resolved in the competent court in Novo mesto.

Complaint procedure and product return

You can arrange the return of products digitally via the web application or write it and send it via e-mail to the address [email protected] . More about the rules regarding the appeal procedure via e-mail follows in the indent: Complaint procedure via e - mail.

Application help in user profile:

Returning products using the application in your profile (if you have a profile) is possible when a button appears in the history of your orders Product return.

Refund procedure:

1. Log in to - Login

2. Open the link: https://www.moja-lekarna.com/order/history

3. Select the products you want to return, select the appropriate product quantity from the drop-down list

4. You can also choose the reason for the return (this is not required by law, so you can write it down or not) - choose from the following options:
- I received the wrong product
- I ordered the wrong product
- the product is damaged
- the product is not what I expected

5. choose your wish - choose from the following variants:
- Yes, replace the product
- Yes, repair the product
- return, and you give me the credit

6. Write a comment (if you want to tell us something more)

7. Confirm the complaint by clicking on: Send a return request

The application offers some options, but if this is not suitable for resolving the appeal procedure, submit a written appeal procedure and send it via e-mail to [email protected] .

Complaint procedure via e-mail:

We distinguish two types of appeal procedures:

appeal procedure concerning withdrawal from the contract
appeal procedure concerning a material error

Appeal procedure concerning withdrawal from the contract

Fill in the written declaration ( statement ) and send it to [email protected]

Failure to state the reason for withdrawal from the contract is possible within 14 days. The consumer has the right to a refund and also to claim the credit, which is also expressed in the application itself.

Appeal procedure concerning a factual error

In this case, it is necessary to describe the material error in more detail.

A consumer who has duly notified the seller of a defect has the right to require the seller to:

rectify the defect on the goods or
returns part of the amount paid in proportion to the error or
replace defective goods with new faultless goods or
returns the amount paid.

In the written request, indicate the option you wish to select.

Actual error

Article 37 ZVPot:
- The seller must deliver the goods to the consumer in accordance with the contract and is liable for material errors in its performance.

- The error is real:
- 1. if the thing does not have the properties necessary for its normal use or for marketing;
- 2. 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;
- 3. if the thing does not have the characteristics and qualities that were explicitly or tacitly agreed or prescribed;
- 4. if the seller has delivered a thing which does not match the pattern or model, unless the pattern or model was shown only for the purpose of notification.
- The suitability of goods for normal use is assessed in the light of normal goods of the same kind and taking into account any seller's statements on the characteristics of the goods made by the seller or manufacturer, in particular by advertising, product presentation or indications on the goods themselves.
- The provisions of the law governing obligations shall apply to liability for material errors, unless this law provides otherwise.

Article 37a
- The consumer can exercise his rights arising from a material defect if he notifies the seller of the defect within two months of the day on which the defect was discovered.
- The consumer must describe the defect in more detail in the error notice and allow the seller to inspect the item.
- The consumer may notify the seller of the defect in person, of which the seller must issue a certificate, or send it to the store where the item was purchased, or to the seller's representative with whom he has concluded a contract.

Article 37b
- The seller is not liable for material defects in the goods that appear after two years have elapsed since the thing was delivered.
- If the subject of the contract between the seller and the consumer is a second-hand thing, the seller is not liable for material defects in the goods which appear after one year has elapsed since the thing was delivered.
- A defect in property shall be deemed to have existed at the time of extradition if it occurs within six months of extradition.

Article 37.c
- The consumer, who has correctly informed the seller of the defect, has the right to require the seller to:

rectify the defect in the goods or refund part of the amount paid in proportion to the defect or
replace defective goods with new faultless goods or
returns the amount paid.

- In any case, the consumer has the right to demand compensation from the seller, and in particular reimbursement of costs of materials, spare parts, labor, transfer and transport of products incurred in fulfilling the obligations referred to in the previous paragraph of this article.
- The consumer's rights referred to in the first paragraph shall expire two years after the day on which he informed the seller of the material defect.

Non-acceptance of sent products

If the buyer does not take over the ordered items, which were sent with payment after collection and DOES NOT WITHDRAW from the contract in writing and are returned to the address of the company Moja lekarna doo after 15 days, it is NOT considered withdrawal from the contract, as the latter still validly concluded and is a unilateral unannounced withdrawal of the buyer from the contract.

In the event of non-acceptance, the buyer is thus responsible for the payment of compensation for the damage, for which the bidder will issue a claim including data for payment, which the buyer is obliged to pay, as the contract - the order was not terminated by e-mail. [email protected] (or through other valid methods provided by the ZVPot). In case of non-payment of the sent request, the matter is settled by regular civil proceedings.

Amount we charge approximately: 8 eur

This amount can also be higher if the package is heavier and relatively higher postage is paid for it.