Terms conditioons

"Navigating life is easier with a good set of terms and conditions — your personal guide to a smoother journey through the twists and turns of existence."

General terms and conditions of online shop MSD GROUP d.o.o. are made in accordance with Consumer Protection Act (ZVPot), Personal Data Protection Act (ZVOP-1) and Electronic Communications Act (ZEKom-1).
Website and store are managed by company MSD GROUP d.o.o., Petelinje 2b, 6257 Pivka, registration number: 8276927000, €U valid tax number: SI20870612, (hereinafter referred to as company or seller or store or MSD GROUP).
Terms and Conditions determine operations store MSD GROUP d.o.o., rights and obligations of user and store and regulate business relationship between MSD GROUP d.o.o. and buyer.
Conditions also determine rules of purchase at pick-up point of company MSD GROUP d.o.o. Buyer is bound by conditions that are valid at time of purchase or at the moment of placing an order. User is reminded, of general terms and conditions at each purchase and confirms about knowledge and awareness of them by placing order. Terms and Conditions can also be read at MSD GROUP d.o.o. registered adress.

With a one-time visit in online store, you become guest or visitor of MSD GROUP d.o.o. shop. If you confirm registration in online store, you become a member MSD GROUP d.o.o..
Either way, you gain right to purchase in online store. At registration in online store, as member  of MSD GROUP d.o.o., member gets username, which is same as his given email address and password. Username and password of member MSD GROUP d.o.o., identify and link to data, that member entered. Registration is also possible inbetween purchase. If user wishes to change his e-mail address at any time later, he must send request to info@bmsailing.com. Email address will be changed in few days. User will be notified, about change, by email.

Before committing to any offer or contract, MSD GROUP d.o.o. commit to provide buyer with following information:

– Company information (name, address, registration and tax number)

– Contact information e-mail and telephone number

– Essential product features (including sales services and warranties) and validity of this information.

– Terms of delivery (method, place and delivery time)

– Method of payment and delivery / fulfillment and expiry date of this information.

– Availability of item or service (each product or service on offer should be available within a reasonable time)

– Price, which is clearly and unambiguously determined and clearly shown, or already includes tax and costs of transport and other duties and period of validity of this information.

– Validity of offer.

– Deadline for withdrawal from contract and conditions for withdrawal (description of right to withdrawal in accordance with law act 43č ZVPot, in case that consumer wants to withdrawal in accordance to law act part 43., shall  be expressly notified.)

– Explanation of complaint procedure, with all contacts details, persons or customer service.

 

MSD GROUP d.o.o.undertakes to protect users personal data in accordance with ZVOP-1.
MSD GROUP d.o.o. stores data of registered members:name, surname, e-mail address, telephone, address, delivery address, country of residence, time and date of registration and data of communication with MSD GROUP d.o.o..
Uses stated personal data exclusively for fulfillment of the order (sending promotional material and other communication with members).
Data will not be passed on to unauthorized persons.
For guests, data is stored only for time of order fulfillment (name, surname, e-mail address, telephone, address, delivery address, country of residence, time and date of the order and communication with MSD GROUP d.o.o.).

Each user is also responsible for protection of own personal data. By ensuring security of email address, password, username and proper anti-virus protection of computer.

MSD GROUP d.o.o. uses technological and organizational means to protect and store personal data. For these purposes, uses an SSL certificate created by authorized organization.

PRODUCT OFFER
Due to nature of online store business, offers of MSD GROUP d.o.o. changes very often.
Price in online shop is shown as regular price or
special price or offer. Special price is intended for all registered users of MSD GROUP d.o.o. (these are the users, who share their personal information with MSD GROUP d.o.o.). One becomes registered user of online store by registering. Special price is offer valid 3 days. Except for products where it is indicated that promotional price is valid until stock is sold out.

Purchase contract between buyer and seller MSD GROUP d.o.o. is concluded, when customer receives first message about status of his order. Customer is company or person whose information is listed on order. Afterwards, it is not possible to change customer’s data. Purchase contract (first message received by customer) is stored electronically on MSD GROUP d.o.o.  server.

MSD GROUP d.o.o. enable options of payments:
-Payment with credit card in online store,
-By money transfer to account of MSD GROUP d.o.o., with order of proforma invoice or offer,
– By paypal transfer to a paypal account, or by paypal payment in an online store.
After receiving payment, order goes into further processing and into shipping process.

MSD GROUP d.o.o. sends invoice to customer in pdf format on customer’s e-mail address, or in paper form beside product. In case of personal collection, customer receives printed invoice. Price and all costs related to purchase are written on invoice. It is customer’s duty to check correctness of data before placing order. Subsequent objections, regarding correctness of invoice data are not taken.

Online price applies to all registered users MSD GROUP d.o.o., who entrusted us with their data.
Registered user becomes one who registers.
Guest however, becomes one who makes purchase, without registration. Za nakup registriranih uporabnikov velja redna cena.
A gift voucher, coupon or discount code issued by seller MSD GROUP d.o.o. can be used for the purchase.
Prices are valid at the time of order and do not have predetermined validity.
Prices are valid in case of payment with stated methods of payment and under provisions of general terms and conditions of MSD GROUP d. o. o..
Despite regular page updates, error in prices may occur. In this case, MSD GROUP d.o.o. store, will gave buyer option, to withdraw from contract.
Discounts and promotional codes do not add up together. Funds paid on gift coupon are not case of interest-bearing. Gift coupons and discount bonus codes cannot be exchanged for cash or money transfer.

 

After placing order, buyer is notified about acceptance of order, on his email address. To registered members, their order status information are always available online. In delivery of items by online store MSD GROUP d.o.o., which MSD GROUP d.o.o. does not have in its warehouse, MSD GROUP d.o.o. it depends on delivery by its supplier and on time in which that supplier can deliver products to warehouse of MSD GROUP d.o.o..
If the purchase period long, and buyer does not want to wait, he can inform MSD GROUP d.o.o. to remove item from order and return any funds already paid. MSD GROUP d.o.o. takes no liability for damage resulting of longer delivery times, or non-delivery of items which MSD GROUP d.o.o. does not have in stock in its own warehouse, except for intentionally or through negligence damage caused by  company MSD GROUP d.o.o. or person for whom company is responsible.
Order has been shipped or is ready to be picked up.
When item is shipped, buyer is notified by email.
Buyer is informed about possibilities of withdrawal from contract, where he can turn in case of delayed delivery and where he can lodge a complaint.In case that buyer decides to cancel order in time, he must immediately notify seller on general assistance telephone number +386 40 364 428 or by e-mail to info@bmsailing.com.
If it happens that order has already been shipped, buyer rejects shipment to delivery service. In case of personal pick-up (when item is ready for collection), buyer also notifies his wish to cancel order via above-mentioned telephone number or by above e-mail.

 

Purchase procedure for companyes is the same as for individuals, just enter company information in data form.
If you want invoice for company, you accept the terms and conditions that apply to companies. Online shop MSD GROUP d.o.o. provides companies with following methods of payment:

-Payment with credit card in online store,
-By money transfer to account of MSD GROUP d.o.o., with order of proforma invoice or offer,
– By paypal transfer to a paypal account, or by paypal payment in an online store.

 

MSD GROUP d.o.o. sends products by standard post, GLS or DHL. We reserve right to choose or change delivery provider.

Items have warranty if it is listed on warranty card or invoice. Warranty is valid if instructions on warranty card have been followed and you have submitted an invoice. Warranty information is provided on product introduction page. If there is no warranty information, product has no warranty. MSD Grup d.o.o. also offers you a service guarantee with 75% payment in advance and 25% of payment when on the last day of the service.

Payment Flexibility:
Guests/users are not obligated to pay the remaining 25% of the service fee on the last day if 75% of the service was not executed due to a malfunction or fault on the part of MSD Group d.o.o.

Service Evaluation:
Every individual case will be thoroughly examined to determine if guests are satisfied with the service provided by MSD Group d.o.o.

Reserved Crew Payment:
The reserved 25% of the service fee is allocated for crew payment, serving as a safety measure to ensure that the crew is motivated and committed to providing exceptional service for the well-being of the guests.

Crew Commitment and Responsibility:
MSD Group d.o.o. and its crew are committed to doing everything necessary for the guests’ well-being. This includes addressing malfunctions promptly and ensuring a high standard of service throughout the duration of the experience.

Guest Responsibilities:
While guests are not obligated to pay the 25% to the last day of the service, it is expected that guests treat the crew with respect and care. A harmonious and respectful interaction between guests and crew is crucial for a positive and enjoyable experience.

Individual Case Assessment:
Each situation will be individually assessed to determine the circumstances surrounding the service shortfall and to ensure that guests are treated fairly and equitably. Each case can be supported by audio, video or photo material, taken during service time.

Transparency and Communication:
MSD Group d.o.o. values transparent communication. Guests are encouraged to express any concerns promptly so that issues can be addressed in a timely and effective manner.

Continuous Improvement:
MSD Group d.o.o. is dedicated to continuous improvement and strives to enhance the overall guest experience. Feedback from guests is welcomed and used to refine services for future engagements.

Consumer can enforce rights from material flaw if he informs seller within 4 days after receiving item.
He must allow seller to inspect thing. Consumer who has correctly informed seller about material flaw, may request from seller:

– To rectify flaw or proportionally refund amount paid in purchase.
– Replaces defective goods with new ones.
– Returns paid amount and consumer returns product.
WHEN IS MATERIAL FLAW CONSIDERED.
– Item does not have properties necessary for its normal use.
– Item does not have properties for special use for which buyer is buying it, but which was known to the seller.
– Item does not have properties that have been explicitly or tacitly agreed or prescribed.
– Seller has handed over an item that does not match model or design.
Item is checked and compared with other flawless items, as well as with statements of manufacturers or indications on product itself. Buyer must inform seller of any material flaw, with detailed description, possibly with photograph and description, within period specified in this general terms and conditions. You can get form for reporting material flaw, from seller. Consumer rights to assert material flaw are regulated by Consumer Protection Act.

TAKEOVER OF ITEMS THAT HAVE BEEN TREATED BECAUSE OF MATERIAL FLAW OR BECAUSE OF TREATMENT OF WARRANTY OR BECAUSE OF TREATMENT OF MATERIAL FLAW. Buyer is obliged to take over item, which he handed over to seller for any treatment, at company’s headquarters.
If item has been sent by post, it is returned to the delivery address. Seller sends notice to consumer and inform him to take over product. Buyer is obliged to accept item within 14 days of receiving notification. After expiration, seller keeps product for another six months. For this storage time, seller has right to charge storage costs 1 € / day. After six months, seller can sell product on website of MSD GROUP d.o.o.
Seller shall send buyer notice of intended sale of product 14 days before expiry of six months. Difference between purchase price and storage costs is returned to buyer.

OPEN OR DAMAGED PACKAGING
Items with damaged or open packaging have been returned to MSD GROUP d.o.o. and are going on resale. Type of defection or condition of packaging is indicated in description of item and on invoice. Returned items are inspected and resold only if they are still operating normally and are undamaged.

GIFT COUPONS OR DISCOUNT CODES
Gift coupon is issued by MSD group d.o.o. in case of order and advanced payment. Gift coupon is sent electronically.
It contains code which customer enters at method of payment upon payment. Gift coupon can be purchased by sending order to e-mail address: info@bmsailing.com.
Gift coupon can only be used for purchase and can’t be exchanged for cash or money transfer.
Gift coupon can only be used in full amount.
Discount code is time limited discount option. In case that customer later cancels order where he used discount code, he is not entitled to new benefit from this discount code. Use discount code by entering it in dedicated window in payment tab.

Organizer of prize game is seller MSD GROUP d.o.o., Petelinje 2b, 6257 Pivka. Participant is person (not company) who participates in prize campaigns published on website bmsailing.com. 

Prize winners are determined by a commission / organizer by random drawing lots or random computer selection. Rules of participation in prize game:

• No purchase of services or products is required to participate in prize draw.
• Employees of organizer and their close family members can’t participate in prize draw.
• Companies cannot be participants in prize draw.
• Participant is considered to have accepted rules of prize game when participating in announced prize game.
• All participants in prize game take part in prize draw.
• Participant can participate in prize draw only once.
• Result of the draw is final. No appeal is possible.
• Winner will be notified, about price and price collection, by e-mail.
• It is not possible to get prize in cash or money transfer.
• Winner is obliged to provide organizer with his personal data: Name, surname, address, e-mail, telephone and tax number – within three days of receiving notification about winning the prize.
• Payment of all taxes on prizes is the responsibility of organizer. Organizer will send winners note in accordance with the Personal Income Tax Act and rules of personal income tax assessment data.
• Winner is obliged to declare value of prize in personal tax income.
• Upon receiving prize, winner is obliged to fill in statement on accepting prize.
• Organizer is not responsible for taxes that may occur in connection with any other prizes.
• Prizes are not transferable to another person.
• If winner does not fulfill obligations, it is considered that he does not want to accept the prize, and organizer is free of all obligations in relation to the winner. After that, organizer gets right to dispose of prize for any other purpose.
•If the organizer does not receive (from winer) all necessary information within three working days from moment of sending notification that winer has been drawn, for any reason (eg: winner declares that he does not want to accept prize or address or e-address is incomplete, incorrect); statement that winer wishes to receive prize, it is considered that winner of prize does not want to accept it, and thus organizer in relation to winner is free of all obligations after this, prize game organizator acquires right to dispose of prize for any other purpose.
• Organizer of game protects all personal data obtained from participants in accordance with regulations governing protection of personal data. Organizer may use personal data obtained from participants exclusively for purposes for which they were obtained.
• Participant of prize game agrees that organizer can send him notifications regarding offers of organizer.
• Winner allows organizer of prize game to publish his / her personal data in media and on world wide web for purpose of informing about results of draw or receiving prize.
• Participant or his guardian or legal representative may at any time revoke his consent to use of personal data obtained in prize draw for purposes of direct marketing. Organizer of prize game reserves right to organize award ceremony as public event.
• By participating in prize game, participant allows his / her name and address to be used in audio, photo and video material of prize game organizer.
• By submitting their data with entry in the form on this page, participants of the prize game agree that they are familiar with rules and undertake to act in accordance with rules of prize game. In case of any dispute or ambiguity, these rules shall be considered primary in relation to any other publications, whether in printed, electronic or any other form.

 

Reviews, ratings and recommendations that customers write about products or services are part of all users community.
MSD GROUP d.o.o. allows all users to write their own opinion, review and rate… Before final publication, MSD GROUP d.o.o. reviews all written opinions, reviews and rates.
MSD GROUP d.o.o. ,does not publish reviews that are offensive, inappropriate and do not provide useful information about products or services.
By submitting an opinion, comment, review or rate, user expressly agrees to terms of use of his opinion, comment, review or rate. Allows publication of part or all of text in all electronic and other media MSD GROUP d.o.o..
MSD GROUP d.o.o. has right to use content of opinion, comment, review or rate unlimitedly and for any purpose that is in business interest of MSD GROUP d.o.o.. At same time, author of opinion, comment, review or rate declares that he is owner of material and moral copyrights for written opinion, comment, review or rate and that he transfers all rights to MSD GROUP d.o.o..

Right of consumer to withdrawal from contract.
Withdrawal from contract is notified from consumer to seller’s e-mail address info@bmsailing.com
Complaint deadline is 8 days for companies and 14 days for other (4-day complaint deadline applies to books).
In case of withdrawal from contract, consumer returns products by post or brings it in person to company’s address MSD GROUP d.o.o. , Petelinje 2b, 6257 Pivka.
Withdrawal form is sent to customer by seller. 
Return of received items within withdrawal period, is considered as withdrawal from contract.
Consumer must return items in same quantity and undamaged. Unless item is defective or has flaw.
Consumer musn’t use items until withdrawal from contract.
Consumer is responsible for reducing value of products if is result of improper handling, in terms of properties and functioning of products.
Only cost that is borne by consumer when withdrawing from contract is return of item (postage, delivery to MSD group d.o.o.) Item must be returned to seller within maximum of 30 days after withdrawal form is sent.
Consumer has no right to withdraw from contract for products that have been manufactured according to consumer’s instructions.
In addition, it is not possible to return product where security seal has been damaged.
Paid funds are returned to transaction account.
If a discount code or other coupon has been redeemed, amount paid will be refunded to user.
In exceptional cases, when items are not returned in accordance with ZVPot, we can offer consumer, purchase of item with appropriate compensation price, which is determined upon return. Discounted redemption is taken into account upon confirmation of customer by e-mail.
Consumer uses redemption only for ordering other items in shop of MSD group d.o.o. in the same or higher value (at which case customer surcharge).
Right to refund of purchase price in event of warranty claim and material flaws is regulated in more detail by provisions of Consumer Protection Act.
If consumer decides to withdraw from contract for items that are a set, he can request replacement for same set for whole set or refund.
Consumer can replace item from set, in case of material flaw or damage to item.
In case of claiming warranty of item from set, manufacturer’s warranty period applies.

 

Communication MSD GROUP d.o.o. will contact user via means of distance communication only, if user does not explicitly object to this, and in accordance with the provisions of ZEKom-1.
Advertising messages of MSD GROUP d.o.o. will contain following:
• Sender MSD GROUP d.o.o. will be clearly visible.
• It will be clear that this is advertisement from MSD GROUP d.o.o. store.
• Method of unsubscribing from advertising messages will be clearly presented.

MSD GROUP d.o.o. makes every effort to keep data on online store up to date. Nevertheless, product features, price, delivery time can change so quickly that MSD GROUP d.o.o. sometimes fails to update the online store. In this case, we will notify customer of changes and allow him to withdraw from contract.
MSD GROUP d.o.o. has option to withdraw from contract if a manifest error is found (46. act OZ). Obvious error is considered to be defect in essential characteristics of item and any errors which, according to customs of store or intention of customers, are considered decisive and MSD GROUP d.o.o. in case of knowledge would not confirm or conclude contract. This also includes obvious price errors.

Complaints. MSD GROUP d.o.o. respects applicable consumer protection legislation.
MSD GROUP d.o.o. fulfill its duty to ensure an effective system for handling customer complaints.
In case of problems, buyer can connect with seller MSD GROUP d.o.o. with phone number +386 40 364 428 or by email info@bmsailing.com .
complaint is submitted thru e-mail info@bmsailing.com.
Process of procedure is confidential.
MSD GROUP d.o.o. is aware that essential feature of consumer disputes is disproportion between economic value of claim and time and costs incurred in resolving dispute, which is also main obstacle to consumer to bring dispute before court. That is why MSD GROUP d.o.o. gives best effort of its ability to resolve any disputes with agreement.
In accordance with legal norms MSD GROUP d.o.o. does not recognize any provider of out-of-court settlement of consumer disputes as competent for resolving consumer disputes that could be initiated by consumer in accordance with Out-of-Court Settlement of Consumer Disputes Act. MSD GROUP d.o.o., which as provider of goods and services enables online trade in territory of RS and beyond, publishes on its website an electronic link to the platform for online resolution of consumer disputes (SRPS). Platform is available to consumers at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL Regulation derives from Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) no. 524/2013 European Parliament and of Council on online settlement of consumer disputes and amending Regulation(ES) no. 2016/2004 and Directive 2009/22/ES.

By incorporating these terms, MSD Group d.o.o. aims to create a fair and mutually respectful relationship with its guests, ensuring that their well-being is prioritized and that any service-related concerns are addressed with diligence and transparency.