Terms and conditions

GENERAL TERMS AND CONDITIONS OF THE KGL ONLINE STORE

Online store: shop.kgl.si

1. General: The General Terms and Conditions of the online store shop.kgl.si are drawn up in accordance with the Consumer Protection Act (ZVPot-1), the Personal Data Protection Act (ZVOP-2), the General Data Protection Regulation (GDPR), the Electronic Communications Act (ZEKom-1) and the Electronic Commerce on the Market Act (ZEPT). The online store shop.kgl.si (hereinafter also “online store”) is operated by the company KGL d.o.o., Ponoviška cesta 13, 1270 Litija, Slovenia, registration number: 1193074, VAT ID: SI29498856, which is also the provider of e-commerce services (hereinafter also the “provider”). KGL d.o.o. is a VAT payer and is registered with the District Court in Ljubljana, entered on 27 August 1997. The provider reserves the right to make any changes to these General Terms and Conditions without special prior notice. Changes apply from the moment they are published on the website shop.kgl.si and are binding on the user. Users are advised to check the terms regularly. In sales to customers who are consumers (natural persons who acquire or use goods and services for purposes outside their professional or gainful activity), the provisions of the Consumer Protection Act (ZVPot-1) apply. For other customers, in particular legal entities, the provisions of the Obligations Code (OZ) and other applicable regulations governing this area apply, unless otherwise provided in these General Terms and Conditions. Products sold in the KGL online store are intended both for professional car painters and for private individuals for home use when painting and lacquering cars, furniture, fences and other objects.

2. Prices and VAT: All prices are stated in euros and include VAT (KGL d.o.o. is a VAT payer). All orders are subject to the current prices valid at the time the order is placed. For the purchase we will take into account the price valid at the moment the payment is confirmed. The provider strives for accuracy and timeliness of the data, but reserves the right to errors in the publication of prices, delivery times, descriptions and characteristics of products. In the event of changes, the provider will inform the customer and enable cancellation or replacement of the ordered product. Prices do not include delivery costs, which are indicated in the shopping cart and/or during checkout. The offer of products is valid as long as items from the KGL sales program are in stock or available in the offer.

3. Ordering procedure and conclusion of the contract

3.1 Contract with a payment obligation: The product price, VAT amount and shipping costs are clearly visible in the shopping cart before completion of the order. The consumer will be informed of all order details by e-mail sent to the address entered in the form. The purchase contract is concluded between the consumer and the provider when the consumer makes a purchase on the website shop.kgl.si and receives an electronic confirmation from the provider at his/her e-mail address. From that moment on, all prices and conditions are fixed and apply to both the provider and the consumer. The purchase contract is stored in electronic form at the company and is available upon written request.

3.2 Issuing an invoice: Together with the delivery of the ordered items, the provider sends the customer an invoice. The invoice itemises the price and all costs related to the purchase. The customer is obliged to check the correctness of the data before placing the order. The invoice is issued and sent by e-mail to the customer’s e-mail address, usually on the same day the payment is received. In the case of personal collection, advance payment or upon request, the customer is also issued an invoice on a durable medium, in written form, with all costs itemised.

3.3 Technical means for identifying and correcting errors before placing an order: Before submitting the order, a preview of the order is displayed to the customer, on the basis of which he/she can check the entered data. Any errors can be corrected using the “Edit cart” function or the “Back” button. If the customer does not wish to submit the order, he/she can close the page or leave the ordering process, thereby terminating the purchase.

3.4 Purchase process (conclusion of contract in electronic form): The provider describes to the customer in a clear, understandable and unambiguous manner the technical steps for concluding the contract:"

Product selection: The customer selects the desired products and adds them to the shopping cart.
Cart review: In the cart, the customer can check the selected products, quantities, prices, VAT and shipping costs.
Order submission: The customer proceeds to checkout, where he/she fills in the form with billing details, delivery address, delivery method and payment method.
Review and correction of errors: Before final submission of the order, an order preview opens, allowing the customer to check all entered data and correct any errors (as described in point 3.3).
Acceptance of terms: The customer ticks that he/she agrees with the General Terms and Conditions, the Personal Data Protection policy and the Cookie Policy.
Order confirmation: The order is submitted by clicking the “Place order” button.
Confirmation message: After submitting the order, the customer receives an automatic confirmation of receipt of the order to his/her e-mail address, which serves as confirmation of the concluded contract. The purchase contract is stored in electronic form on the provider’s server and is accessible to the customer in his/her user profile (“My account”). The customer may at any time during the contractual relationship request the contractual terms in written form.

3.5 Cancellation and rejection of orders: The customer may cancel a submitted order by sending a written message by e-mail or if he/she does not pay the issued pro-forma invoice within 3 days. The provider may reject the order if it finds that it cannot be executed under the stated conditions or if the goods are not available. In such a case, the customer will be informed immediately and any payments already made will be refunded.

3.6 Ownership rights to products: Delivered goods remain the property of KGL d.o.o. until all invoices related to the respective order have been paid in full.

4. Payment methods: The following payment methods are available in the online store shop.kgl.si:

Cash on delivery: The customer pays the purchase price and shipping costs in cash (or by payment card, if the delivery service allows it) to the delivery person of GLS Slovenia upon delivery.
Payment by pro-forma invoice: The customer transfers the purchase amount to the provider’s bank account (TRR) before delivery of the goods, after receiving the pro-forma invoice by e-mail.
Payment by debit/credit card: Supported cards are Maestro, Activa Maestro, Mastercard, Visa (if the Maestro card allows it). Payment is processed via the Stripe payment system, which ensures 100 % transaction security, as card data are not stored on the server of KGL d.o.o. Authorisations are carried out in real time with immediate verification of data with the banks. In the case of debit/credit card payment, your order will be processed once Stripe has verified and approved your card details. After approval, your parcel will be handed over to the postal service.

5. Delivery and delivery costs: The contractual partner for parcel delivery is GLS Slovenia. Shipping is not free of charge and is calculated according to the price list of the delivery service; the amount is shown to the customer in the cart before the order is completed. The delivery cost is stated on the invoice. All orders are dispatched within three (3) to five (5) working days after receipt of the order, unless a longer delivery time is specifically indicated. If a product is not in stock, the customer will be informed by e-mail within three working days and the provider will seek a solution.

6. Right of withdrawal from the contract (return of goods): The consumer may withdraw from the purchase contract within fourteen (14) calendar days of receiving the goods, without having to state a reason. The notice is deemed timely if it is sent within the prescribed period. The goods must be returned undamaged and in unchanged quantity (unless destruction, spoilage, loss or reduction in quantity is not the fault of the consumer) within fourteen (14) days after the notice of withdrawal. The returned goods must be accompanied by the original invoice. The only cost borne by the consumer in connection with withdrawal from the contract is the cost of returning the goods (which, in the case of shipping, is charged according to the delivery service’s price list). The provider may withhold reimbursement of payments received until the goods have been received back or until the consumer provides proof that the goods have been sent back. The refunded amount is transferred to the customer’s bank account (TRR).

The address for returning goods is: KGL d.o.o., Ponoviška cesta 13, 1270 Litija, Slovenia.

6.1 When the customer has no right of withdrawal: The right of withdrawal does not apply in the following cases:

for goods made according to the consumer’s precise instructions (custom-made).
if the returned shipment shows any signs of use, damage, or if the goods are not properly protected for transport. For KGL products (e.g., PPC systems, mixing cups, lids, liners, adapters), the following applies: if the inner soft liners or filter lids have been used with paint or solvents, the product is considered to have been used.

7. Use of products (single use): KGL mixing cups and PPC soft liners (liners) with lids are designed and intended for single use.

8. Complaints and material defects

8.1 Complaints: If the consumer receives the wrong type of goods (compared to what was ordered) or damaged goods, he/she may file a complaint within eight (8) working days of receipt. The complaint must be sent together with a copy of the original invoice to the provider’s address. The consumer may request replacement of the product, its repair or a refund of the purchase price. Returned products must be unused, undamaged, in the original packaging and with all accompanying accessories. A link to the complaint form is provided.

8.2 Material defects: The provider is liable for material defects in the goods that become apparent within two years of receipt, in accordance with the Consumer Protection Act (ZVPot-1). A material defect exists if:

the item does not have the characteristics necessary for its normal use or for trade;
the item does not have the characteristics necessary for the particular use for which the buyer bought it, which was known to the seller or should have been known to him;
the item does not have the characteristics and qualities that were expressly or tacitly agreed or prescribed;
the seller has delivered an item that does not match the sample or model, unless the sample or model was shown for information only. The consumer may exercise his rights arising from a material defect if he notifies the provider of the defect within two months from the day the defect was discovered, but no later than within two years from the date the goods were delivered. If a defect appears within one year of delivery, the consumer does not need to prove that it existed at the time of delivery. It is presumed that it existed, unless the seller can prove otherwise. Damage or degradation (e.g. loss of strength, yellowing) of the product occurring after receipt due to improper storage, incorrect use or negligent handling by the buyer are not considered material defects and the provider is not liable for them.

8.3 Rejection of complaint and limitation of liability for damage: KGL d.o.o. reserves the right to reject a complaint in the case of mechanical damage to the housing or components, non-original packaging, failure to present the invoice, if the goods are sent with cash-on-delivery, or if the goods were not properly packed for transport. The seller is not liable for defects caused by improper use, negligent or intentional conduct of the buyer (or third parties), mechanical damage due to force majeure or natural disasters, or damage incurred during transport by the delivery service. Minor defects that are technically unavoidable (e.g. variations in plastic quality, colour, shape, weight, appearance) are generally not grounds for a complaint.

9. Guarantee: Products in the online store carry a guarantee for faultless operation if this is stated for the item or in the warranty certificate. Regardless of this, the consumer may always exercise the minimum two-year statutory warranty from the day he/she receives the goods, for free repair or replacement if the product has a defect or does not match what was advertised. The manufacturer must remedy the defect no later than within 45 days, otherwise the product must be replaced with a new one. The manufacturer’s guarantee represents additional protection and never excludes or reduces the customer’s rights to the minimum two-year warranty.

10. Limitation of liability: The provider makes every effort to ensure the consistency and up-to-dateness of the data published in the online store. Nevertheless, product characteristics, stock levels and prices may change so quickly that the provider cannot manage to correct the data in the online store in time. In such a case, the provider will notify the customer of any changes and allow cancellation of the order or replacement of the ordered product. To the extent permitted by law, all liability of KGL d.o.o. is excluded for loss or impaired availability of data or for any incidental, indirect, special or consequential damage arising from the use or inability to use the services, including, without limitation, lost revenue or expected profit, loss of goodwill, loss of business, loss of data, technical errors or malfunction or other damage events. The ultimate responsibility of the user, especially the employer, is to select the most appropriate personal protective equipment (PPE) and to read all warnings and instructions of the manufacturer of the chemicals used with KGL products.

11. Copyright: The online store shop.kgl.si is the exclusive property of KGL d.o.o. All rights are reserved and any transmission of information from the website within the online store is permitted only with the prior written consent of the owner, as the website may contain data whose copyright belongs to third parties. All violators of copyright law will be prosecuted. The provider reserves the right to change the conditions without prior notice.

12. Personal data protection (Privacy Policy): KGL d.o.o. is committed to protecting personal data in accordance with the General Data Protection Regulation (GDPR) and the Personal Data Protection Act (ZVOP-2). The Privacy Policy is an integral part of these General Terms and Conditions.

It defines and explains the following elements:

Controller of personal data: KGL d.o.o.
Types of personal data collected: Which personal data we collect (e.g. name, surname, address, e-mail address, telephone number, purchase data, IP address and browsing data via cookies).
Purpose of processing personal data: Data are used exclusively for the purposes for which they were provided: offer, invoice, communication regarding the order and sending informational material. They may also be used to improve the user experience and for website analytics, but only with appropriate consent.
Legal basis for processing: Contractual obligation (for execution of the purchase), legal obligation (e.g. tax legislation), legitimate interest (e.g. service improvement, abuse prevention) and consent of the individual (for direct marketing or certain cookies).
Disclosure of data to third parties: Access to data is granted only to authorised persons of KGL d.o.o. and contractual service providers (e.g. delivery services, payment service providers, IT support, analytics providers) with whom data-processing agreements are concluded. Your data will never be disclosed to third parties for direct marketing purposes without your explicit consent. From time to time we will inform you by e-mail about news in our offer.
Retention period of personal data: Data are kept in accordance with legal requirements (e.g. 10 years for invoices in accordance with the Electronic Commerce on the Market Act (ZEPT) and tax regulations).
Rights of individuals: Individuals have the right of access to their personal data, rectification, erasure, restriction of processing, data portability, objection and the right to lodge a complaint with the Information Commissioner. You may request in writing that we permanently or temporarily stop using your personal data for direct marketing purposes; we must comply within 15 working days. The General Data Protection Regulation gives individuals the right to erasure, but this right does not apply to all types of personal data in the online store, since the Electronic Commerce on the Market Act (ZEPT) requires retention of data based on a sales contract for a period of 10 years.
Notification of data-breach incidents: In the event of a personal data breach (e.g. hacking), the breach must be reported to the Information Commissioner within 72 hours and, in certain cases, also to the affected individuals.

13. Complaints handling and dispute resolution: The interpretation of these sales conditions or contracts concluded between the provider and the customer is governed exclusively by the law of the Republic of Slovenia. The contracting parties undertake to resolve all disputes amicably. If all out-of-court means of reaching an agreement are exhausted, the competent court for resolving disputes is the court with territorial jurisdiction in the Republic of Slovenia according to the seat of the provider (Ljubljana). In accordance with the legal regulation, the provider does not recognise any out-of-court consumer dispute resolution body as competent for resolving a consumer dispute that a consumer could initiate under the Out-of-Court Settlement of Consumer Disputes Act (ZIsRPS). The provider publishes an electronic link to the Online Dispute Resolution (ODR) platform, which is available to consumers at the following URL: https://consumer-redress.ec.europa.eu/index_en. The provider complies with the applicable consumer protection legislation and ensures an efficient and confidential complaints-handling system. Complaints must be sent to the e-mail address sales@kgl.si. Within 5 working days after receiving the complaint, the company will confirm receipt and inform the customer about the course and duration of the complaint procedure.

14. Notice on the use of cookies (Cookie Policy): The website shop.kgl.si may use cookies to ensure a better user experience and to track visitors in accordance with the Electronic Communications Act (ZEKom-1) and the GDPR. The detailed Cookie Policy is included in these Terms and Conditions.

Cookie Policy:

User consent: The user must give active, voluntary, specific, informed and unambiguous consent to the use of cookies after being clearly informed about the controller and the purposes of data processing.
Types of cookies: The website uses strictly necessary cookies (for operation of the website and storage of settings) and third-party cookies (e.g. Google Analytics for collecting anonymous data on visitors and page popularity).
Cookie management: Users can change or revoke their cookie consent at any time.

15. Safety warnings and instructions for the use of KGL products: KGL products (PPC systems, mixing cups, lids, liners, adapters, mixing sticks) are equipment intended for the preparation and application of paints and solvents. The products themselves do not contain hazardous chemicals. They are used together with paints, varnishes, solvents and other coatings, which may be hazardous substances. Users must therefore follow basic safety precautions when working with paints, solvents or spray guns. Appropriate personal protective equipment should be used, such as protective masks/respirators, protective gloves, protective goggles and protective clothing where necessary. Work with paints and solvents should be carried out in a well-ventilated area or in a professional spray booth to reduce exposure to fumes. Used liners, filter lids and other materials contaminated with paint or solvents must be disposed of in accordance with local regulations for hazardous waste. They must not be disposed of with regular household waste.