Benefits

card

The MOGA Benefits/Loyalty Card is a loyalty card offered to its customers by MOGA, družba za urejanje okolja d.o.o., Zemljičeva ulica 21, 2000 Maribor, VAT ID: SI 31400981, registration number: 5601525000 (hereinafter: MOGA), which is also the issuer and owner of the MOGA Benefits/Loyalty Card, within the framework of the ''MOGA Loyalty Club!''

A natural person who concludes an accession treaty with Moga acquires certain benefits, described below, when buying in the online store on the website www.moga.eu, when buying in the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor in the context of retail and when implementing facilities in the name of, in the latter case, the benefits apply exclusively to the purchase of plants and other products, but not to the performance of services.

The natural person who signs or concludes the Accession Treaty with Moga explicitly declares and agrees that he/she has read and is familiar with the General Terms and Conditions and fully accepts them before signing the Treaty. By concluding the Accession Treaty, the natural person confirms that he/she is able to be the bearer of rights and obligations in legal transactions.

The General Terms and Conditions in question are available on the website www.moga.eu and at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor.

Moga reserves the right to change or amend the General Terms and Conditions at any time, without prior warning or notice. If the General Terms and Conditions in question are changed or amended, all changes and amendments will be published on the website www.moga.eu and at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor. If the holder of the MOGA Benefits/Loyalty Card does not withdraw from the treaty within thirty (30) days from the publication of the change to the General Terms and Conditions, it shall be deemed that he/she accepts the changed or amended General Terms and Conditions and is consequently bound by them.

The MOGA Benefits/Loyalty Card may only be obtained by a natural person who is over eighteen (18) years old.

The MOGA Benefits/Loyalty Card cannot be obtained by a legal person and an individual sole proprietor.

The MOGA Benefits/Loyalty Card is free of charge.

The MOGA Benefits/Loyalty Card is not a payment card.

The MOGA Benefits/Loyalty card can be obtained by completing and signing the Accession Treaty (click here to view the treaty). The Accession Treaty is available on the website www.moga.eu and at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor. The completed and signed Accession Treaty can be sent by mail to: Moga d.o.o., Zemljičeva ulica 21, 2000 Maribor or submitted at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor.

A customer receives the MOGA Benefits/Loyalty Card at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor, immediately after he/she has completed, signed, and confirmed the Accession Treaty. If a customer has sent the Accession Treaty by mail, he/she receives the MOGA Benefits/Loyalty Card within 15 days from the date on which Moga received and confirmed the completed and signed Accession Treaty.

An authorised person may verify the individual's identity before confirming the completed and signed Accession Treaty. If the customer refuses to do so, the authorised person may refuse to accept and confirm the signed Accession Treaty.

MOGA undertakes to use all obtained data on MOGA cardholders in accordance with the provisions of the General Terms and Conditions, in accordance with the applicable personal data protection law and in accordance with the General Data Protection Regulation (Regulation 2016/679).

A natural person can only obtain one MOGA Benefits/Loyalty Card. A natural person with the same personal data (name, surname, date of birth, address) who is already a holder of a MOGA Benefits/Loyalty Card cannot obtain a new MOGA Benefits/Loyalty Card.

A personal identification number of the holder is indicated on the MOGA Benefits/Loyalty Card with a barcode. The MOGA Benefits/Loyalty Card is non-transferable.

Duplication or copying of the MOGA Benefits/Loyalty card is not allowed.

The MOGA Benefits/Loyalty Card can be used exclusively for purchases in the online store on the website www.moga.eu, for purchases in the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor in the context of retail and in the implementation of facilities in the name of, in the latter case the benefits apply exclusively for the purchase of plants and other products, but not for the performance of services.

If the MOGA Benefits/Loyalty cardholder has not used it for more than 18 months, MOGA reserves the right to delete all information related to the respective Benefits/Loyalty Card, including all collected benefits, without informing the cardholder in advance.

A natural person who is a holder of the MOGA Benefits/Loyalty Card may collect benefits only under the condition that he/she physically submits the card to the seller when making a purchase before payment, or, in the case of an online purchase, enters the data from the card into the online cash register before paying for the online purchase.

The MOGA Benefits/Loyalty Card enables the holder to obtain a discount from Moga by making the purchases referred to in paragraph 4, item 3 of the General Terms and Conditions in question. The discount is obtained in such a way that the amounts of individual purchases made by the cardholder during the period specified in this point are added up in such a way that the MOGA cardholder is entitled to a discount for each subsequent purchase during its validity according to the following scale of rebate: 

Benefits apply to the sum of the value of purchases for a period of 18 months from the last purchase. With each last purchase, the validity of the obtained rebate from the above scale of rebate is extended for the next 18 months.

If the cardholder does not make a purchase for 18 months, it drops to 0% on the scale of rebate, and the values of purchases start to add up from 0,00€.

Discounts shall not be cumulative unless expressly provided for by Moga and for items expressly provided for by Moga. The discount does not apply to already discounted items, unless expressly provided by Moga. In order for discounts to be added together or for discounts to apply to already discounted items, Moga will explicitly specify this by indicating it next to the price of each item.

Benefits do not apply to purchases made by the Benefit Cardholder prior to signing and confirming the Accession Treaty.

The holder of the MOGA Benefits/Loyalty Card can check the balance of the benefits received or the sum of the purchases made and the resulting discount by registering in the online  store on  the website www.moga.eu or at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor.

The MOGA Benefits/Loyalty cardholder may terminate the possession of the MOGA Benefits/Loyalty Card and the signed Accession Treaty at any time. In this case, he/she must inform Moga by signing a written deed of assignment. He/she submits it at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor or sends it by mail to: Moga d.o.o, Zemljičeva ulica 21, 2000 Maribor.

The holder of the MOGA Benefits/Loyalty Card shall lose his/her rights under the MOGA Benefits Card on the date on which Moga receives the signed deed of assignment referred to in the previous paragraph.

When the cardholder loses his/her rights under the MOGA Benefits/Loyalty Card, all data of the MOGA Benefits/Loyalty Card are deleted and any unused benefits are nullified.

No monetary or other compensation for unused benefits is possible.

In case of loss, alienation, or destruction of the MOGA Benefits Card, the cardholder must report as soon as possible to the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor, where he/she informs Moga of the loss, alienation or destruction and, if he/she wishes, fulfils and signs a new Accession Treaty.

Moga shall not be liable for any damage incurred by the cardholder between the time he/she lost, alienated, or destroyed the card and the time he/she personally informed Moga thereof in accordance with the preceding paragraph.

MOGA reserves the right to change or terminate the MOGA Benefits/Loyalty Card. Moga will notify all MOGA cardholders at least thirty (30) days in advance, on the website www.moga.eu and at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor.

No modification or termination of the MOGA Benefits/Loyalty Card, including the termination of the MOGA Benefits/Loyalty Card, does not confer on the cardholder the right to any compensation or indemnity.

MOGA does not assume any responsibility in the event of abuse of the MOGA Benefits/Loyalty Card or in the event of abuse of the benefits given by the MOGA Benefits/Loyalty Card to the cardholder.

The holder of the MOGA Benefits/Loyalty Card is obliged to notify Moga of any change in the data that he/she has filled in as mandatory on the signed Accession Treaty, within thirty (30) days from the date of the change. The cardholder can do this in person at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor or with a signed written statement sent by mail to: Moga d.o.o., Zemljičeva ulica 21, 2000 Maribor. Moga does not assume any liability for damages that may arise from incorrect data provided by the holder of the Benefits/Loyalty Card.

Moga is not obliged to verify the identity of the MOGA Benefits/Loyalty cardholder.

MOGA reserves the right to introduce all necessary measures in the event of improper use or misuse of the MOGA Benefits/Loyalty Card. Any non-compliance with these General Terms and Conditions and the misappropriation of information on the MOGA Benefits/Loyalty Card may result in the deletion of all information related to the respective Benefits/Loyalty Card, including all collected benefits, without prior notification to the Cardholder.

MOGA undertakes to respect the highest standards of personal data protection set by applicable law.

The controller for the personal data is Moga. The authorised person for the personal data protection is available at: [email protected].

The MOGA Benefits/Loyalty cardholder ensures that all personal information provided is accurate and that he/she is solely responsible for incorrect, incomplete or outdated information that would result in the loss of benefits related to the MOGA Benefits/Loyalty Card.

Moga does not pass on the collected personal data to third parties or unauthorised persons.

Purchase data, namely data on purchased items, payment amounts, date of purchase, benefits obtained, are collected for the purpose of recording and accounting for benefits on the MOGA Benefits/Loyalty Card, informing customers and direct marketing. MOGA will process all data provided by the cardholder in the Accession Treaty in accordance with the General Terms and Conditions, the applicable personal data protection law, and the General Data Protection Regulation (EU Regulation 2016/679). The personal data of the MOGA Benefits/Loyalty cardholder provided by the cardholder at the time of conclusion of the Accession Treaty will be kept for the entire duration of the Accession Treaty, and purchase data will be kept for 60 months from the date of purchase. If the Accession Treaty is terminated, the personal data obtained shall be permanently deleted.

Moga processes personal data of buyers for the purposes of implementing the MOGA Benefits/Loyalty Card, for informing buyers and for direct marketing.

The personal data of buyers who conclude the Accession Treaty shall be collected to the extent necessary for the performance of the treaty on the basis of Article 6 (1) (b) of the General Data Protection Regulation (EU Regulation 2016/679).

The data required for the conclusion of the Accession Treaty are:

• Name and surname
• Date of birth
• Address
• ZIP code
• Town
• Country
• E-mail
• Phone 

and are marked with an asterisk on the Accession Treaty. Without providing this information, it is not possible to conclude the Accession Treaty.

Moga saves the personal data of the MOGA Benefits/Loyalty cardholder in the holder's account under the card identification number and processes them for the purpose of implementing the MOGA Benefits/Loyalty card. Insofar as it would be necessary to protect health, Moga will use the contact details of MOGA Benefits/Loyalty cardholders to inform buyers on the basis of the d indent of paragraph 1 of Article 6 of the General Data Protection Regulation (EU Regulation 2016/679).

Moga processes personal data of the MOGA Benefits/Loyalty cardholder for the purpose of direct marketing if the cardholder gives his/her consent. The cardholder gives the necessary consent in the Accession Treaty. If the cardholder gives or not his/her consent to the processing of personal data for the purpose of direct marketing this is not a condition for the validity of the Accession Treaty. For the purpose of direct marketing, Moga uses name, surname, address, e-mail and telephone (the latter provided that the cardholder specifies it). Moga shall not pass on this information to third parties or unauthorised persons. The consent to the processing of personal data for the purpose of direct marketing may be revoked at any time free of charge by the cardholder, and such revocation shall not affect the lawfulness of the data processing prior to the revocation. The cardholder submits the revocation at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor or sends it by mail to: Moga d.o.o, Zemljičeva ulica 21, 2000 Maribor. Moga shall stop processing the data immediately, but no later than 15 days from the date on which it received a written statement of revocation of consent. With regard to direct marketing, the cardholder may at any time, free of charge, request that the controller permanently or temporarily ceases to process his/her data for the purpose of direct marketing. Moga does not perform buyer profiling and automated decision-making. If Moga is obliged to engage a contractual partner to perform an analysis of personal data, it will entrust the processing only to a verified contractual partner, with whom it will conclude an appropriate contract on the processing of personal data, which will ensure the cardholders the highest level of protection of their personal data.

The holder of the MOGA Benefits Card may at any time request access to the catalogue of the collections of his/her personal data processed by MOGA.

The holder of the MOGA Benefits/Loyalty Card has the right to request access to the personal data stored about him/her at any time, the right to request the correction of incorrectly stated data, their deletion, restriction of processing, and at the same time he/she has the right to object to the processing and to request the transfer of data to another controller, whereby he/she may specify that the data be sent to him/her or to a third party, all in accordance with Articles 15 to 22 included of the General Data Protection Regulation (EU Regulation 2016/679). All requests shall be submitted in writing at the cash register of the Moga Garden Centre at Zemljičeva ulica 21, 2000 Maribor or by mail to: Moga d.o.o., Zemljičeva ulica 21, 2000 Maribor, or by e-mail at: [email protected]. The cardholder's request will be met within one (1) month, which can be extended for further two (2) months for a relevant reason.

If the cardholder believes that there has been improper processing of his/her personal data, he/she has the right to file a complaint to: Information Commissioner, Dunajska cesta 22, 1000 Ljubljana.

All disputes arising from the contractual relationship in question shall be resolved amicably between Moga and the cardholder. If this would not be possible, the court in Maribor shall have jurisdiction to resolve the dispute.

In the event of a dispute, Slovenian law shall apply.

These General Terms and Conditions are valid from 15 March 2022 onwards.