Terms & Conditions

At Moga, the employees are primarily nature lovers, and we breathe with nature. We believe that people, as part of nature and the environment, can willingly and peacefully agree on everything. With a positive attitude, we find a common language and maintain and regulate human relationships, which are part of nature and natural ecological cycles. Dear customers, in the best manner the following general terms and conditions inform you about our business and work. We have arranged them in such a way that at the beginning you can find common provisions of the general terms and conditions of all fields of our mission, and further the specific general terms and conditions are formulated specifically for the online store, garden centre and B2B customers. An integral part of the general terms and conditions is also the section relating to the enforcement of the Warranty on planting plants, assembly, and installation of other types of goods.

I. GENERAL

For additional advice and information regarding the descriptions and data available in the Garden Centre, on the website www.moga.eu, the online store or other Moga publications and documentation submitted to the buyer, the buyer can always contact Moga. Moga shall not be liable for loss, damage or injury that may result from following its advice, instructions, or information. The Terms and Conditions determine the general terms and conditions, special terms and conditions of the Online Store, the Garden Centre, B2B customers and the conditions for exercising the warranty on planting plants, assembly, and installation of other types of goods.

Seller:

Moga, družba za urejanje okolja d.o.o., Zemljičeva ulica 21, 2000 Maribor, VAT ID: SI31400981, registration number: 5601525000 (hereinafter referred to as Moga) is the owner and manager of the Garden Centre, the nursery, the online store, and a service provider. On the website www.moga.eu. and www.hortix.eu Moga also acts as a seller in contractual relationships arising from business operations in terms of sales.

Buyer:

The buyer is a consumer or a company, considering the data when registering and placing an order. The buyer must be of legal age. A consumer is a natural person who acquires or uses goods and services outside his/her professional or gainful activity. A company is a legal or natural person that performs a gainful activity, regardless of the legal organisational form. These are also institutions and other legal entities and natural persons who do not perform a gainful activity if they provide consumers with goods and services.

Price:

Price is a regular price. The reduced price is the discounted price. All prices are in euros (EUR/€). Prices are valid on the day of the order. Prices include VAT at the applicable rate. The prices of the products do not include shipping, delivery, and packaging costs. Prices in catalogues, prices in the garden centre, prices of special offers, quotes, B2B prices and prices of individual offers and prices in the online store may vary. If VAT increases during the price validity period, Moga reserves the right to increase the prices. If there is an error and the products have the wrong price, Moga is not obliged to sell you this product/these products at the wrong price. In this case, Moga may inform you about the correct price and ask you to confirm or cancel your order of this item/items. We reserve the right to change prices without prior notice.

If the buyer is a consumer or a company from a country where, either due to the legislation of that country or due to peculiarities in the delivery of goods, additional costs arise that are not precisely known at the time of placing the order (e.g. customs clearance, customs duties, issuing and obtaining additional certificates for import, etc.), these costs are not included in the price and the buyer is obliged to pay them in addition to the price for the ordered goods or services.

Discounts, special prices, benefits from benefit cards, etc. are not cumulative, unless explicitly specified in the individual price.

Law and use of a foreign language:

The rights and obligations in the relationship between the buyer and the seller are governed by these General Terms and Conditions, considering the applicable relevant legislation in the Republic of Slovenia.

Any misunderstandings will be resolved promptly and amicably, but if this is not possible, the dispute will be resolved by the court with substantive jurisdiction in Maribor, Slovenia, and Slovenian law will be used for adjudication.

These General Terms and Conditions are drawn up in Slovenian, Croatian, English, and German. In case of contradictions between the mentioned versions, the Slovenian version shall be used.

Special terms of dispute resolution apply to the Online Store, if expressly provided for.

Intellectual property rights:

The information and advice found on www.moga.eu and www.hortix.eu, the Garden Centre or in other Moga publications are intended for your personal use and should be considered as professional best practice. All pictorial, written, design content on the website, online store, Garden Centre, catalogues and any other Moga publication, together with its selection, layout, and all software, are the property of Moga, which is protected by copyright, or are the property of the people/entities who have given Moga permission to use them and are protected as such. All rights reserved.

No part of this website may be mechanically or electronically copied, including photocopying or by any other means without the prior written permission of Moga or the copyright holder.

Moga does not assume responsibility for the content of any other websites to which you find links on its website or in publications.

All names, logos, slogans, or other phrases may be Moga's trademark or another person's or company's trademark. Any unauthorised use of the trademark is illegal. Copying, reproducing, transmitting, distributing, designing, exploiting for commercial purposes, creating derivative works from such material or content, and assisting a third party and inducing a third party to do so is prohibited. If you become aware of such conduct or commercial exploitation, you agree to notify Moga immediately.

By sending materials to the Moga's website, you agree to grant Moga and its licensors and legal successors an irrevocable, unlimited, royalty-free license to use the materials both on the Moga's website and in any other way. The license also applies to the copying, distribution, advertising and other dissemination of the material, its modification and editing.

Validity of terms and conditions:

If Moga or the Buyer fail to exercise the rights under these Terms and Conditions, this shall not prevent the Buyer or Moga from exercising other rights or rights of the same type under other regulations.

If the court or competent office finds that any part of these terms and conditions is invalid, illegal, or unenforceable, that part shall be excluded from the terms and conditions, but this shall not affect the enforceability of the other terms and conditions and their validity, legality or enforceability.

As a company, you undertake to immediately inform and protect Moga, its directors, procurators and employees from all claims, liability, damages, costs, expenses, including court costs, which could arise from a breach of these Terms of Business by your side, or other obligations that could arise from your use of Moga's website or online store and publications.

Warranty statement for the data published on the website:

Moga does not provide any guarantees regarding the interpretation of data, images/photographs and other content published on its website and online store (www.moga.eu and www.hortix.eu) by third parties and does not assume responsibility for any errors that may arise in the preparation of data and content for the website and online store.

Personal data protection:

Users of Moga's website and online store use the website, its sub-pages, content, and applications exclusively at their own risk. Moga is not liable for damages arising from the use of data from this site or online store. Registration or entry of personal data in the online store is necessary for the proper performance of services. Moga protects the personal data of users of the website, online store, garden centre, potential clients and clients to service activities provided by them in its use (e.g. order processing, correspondence with customers in inquiry and preparation of offers). Personal data shall be processed solely for the purposes for which they are collected and permitted by applicable law. Moga handles personal data in accordance with the applicable legislation governing the protection of personal data and undertakes not to transmit or otherwise trade personal data. These will be used exclusively for sending information and advertising material, offers, invoices and other necessary business communication, if Moga has the client's consent. The client has the right to prohibit the use of data by notifying Moga in writing by post to the address Moga d.o.o., Zemljičeva 21, 2000 Maribor, Slovenia.

The General Terms and Conditions and additional explanations regarding the protection of personal data are published on the website: www.moga.eu/en/privacy-and-cookies. The content of this page is also an integral part of these General Terms and Conditions.

Video surveillance:

There is a video surveillance at the Moga premises in order to ensure an optimal level of protection of people and property.

The General Terms and Conditions and additional explanations regarding the implementation of video surveillance at Moga are published on the website www.moga.eu/si/videonadzor. The content of this page is also an integral part of these General Terms and Conditions, and at the same time the legally necessary notifications are posted in front of the premises where the video surveillance is carried out.

II. TERMS AND CONDITIONS OF THE ONLINE STORE

Introductory provisions

The terms and conditions of the online store specify in more detail the operation of the online store, the rights, and obligations of the buyer, regulate the business relationship between Moga and the buyer. The terms and conditions of the Moga online store refer to the use of Moga's online store www.moga.eu and www.hortix.eu. By placing an order in the online store, you fully agree to these terms and conditions (and not only to the terms under section no. II.). We advise you to read and print a copy. We reserve the right to make substantive and other changes to these terms and conditions without prior notice.

General:

The mutual obligations of Moga and the buyer are governed by these terms and conditions and the applicable positive legislation in the Republic of Slovenia. The buyer is bound by the terms and conditions that are valid at the time of purchase (placing an order in the online store). By registering or confirming the order, the buyer confirms that he/she accepts these general terms and conditions published on the website www.moga.eu or www.hortix.eu. When the user places the order, he/she is acquainted with general business terms and conditions and he/she confirms to be familiar with the general terms and conditions by placing the order. Terms and conditions are also available at Moga's delivery point, which is the Moga Garden Centre. Some items and plants are in stock, others can be ordered. The offer of the online store is not the same as the offer of the garden centre or other offers of Moga (i.e. catalogues, individual offers, etc.). Purchases in the online store are possible 24 hours a day and all days of the year.

Preliminary registration is not required to view products, browse content, and add products to the "cart", but it can be done anyway.

The contract is concluded when the buyer receives the Moga confirmation of the placed order. The deadline for the delivery of the ordered goods begins on the next day, after receiving the purchase price to the Moga account. The buyer receives the confirmation of the order by e-mail, and the buyer has access to the history of purchases in the Moga online store (if registered) in his profile. Moga reserves the right to reject an order (contract) if it cannot fulfil it. If the goods or plants are no longer in stock or are not available after placing the order, the buyer will be notified. The offer of the online store includes goods, plants that are in stock at Moga and goods, plants that are in stock at the suppliers of Moga. Many items are seasonal, which means that they are not available in certain seasons. They are delivered as soon as possible, but no later than within 8 (eight) months. If delivery is not possible, the buyer shall be refunded the purchase price without interest to the transaction account from which the payment was made. There may be unintentional human error in sales prices, stock, and item descriptions, for which Moga is not responsible. If there are technical problems with the website and related software solutions (e.g. electrical outages, disabled access to the web, crash of software or hardware computer equipment), Moga reserves the right to withdraw from the order and refund the purchase price without interest.

Price:

Regarding the prices in the online store, the provisions of points I. 3. of these General Terms and Conditions are used.

Delivery prices are given for the delivery of items or goods that Moga anticipates will be delivered as a package or several packages with a courier service. The latter applies only to shipping within the Republic of Slovenia and to those countries to which Moga sends packages.

Delivery prices for Slovenia, Croatia and Austria are given together with unloading.

Delivery prices for all other countries to which Moga sends the ordered goods are given for delivery without unloading. The contracting authority or the buyer organises the unloading at his/her own expenses. If the contracting authority does not want to take the shipment or did not allow unloading on the agreed day and time, we do not refund the money for transport and goods that were in this shipment. If the goods must be re-dispatched, the delivery price is charged again. Moga reserves the right to charge the cost of returning the goods, which is deducted from the value of the refund (in the same value as the delivery was charged). In case of returned goods that represent living materials (e.g. plants), the purchase price is not refunded for this part of the order.

Supply, delivery and collection:

Moga undertakes to dispatch the ordered goods or plants as soon as possible, considering the state of stocks at Moga, the state of stocks at suppliers, the volume and method of supply, weather conditions and other objective circumstances that could affect the supply.

Personal collection of the placed order in the online store is possible at the headquarters of the company Moga d.o.o., Zemljičeva ulica 21, 2000 Maribor, Slovenia – Garden Centre Moga. Prior to the collection, the buyer is obliged to contact Moga and check if the order is ready for the collection and what is the status of the processing of the previously made payment.

The method of delivery of the courier/transport is of an informative nature or the marking of the record next to the sales item, indicating the envisaged possible method of delivery (courier/transport). After processing the order, Moga reserves the right to change this method of delivery (courier/transport), but only if this does not increase the price of the delivery.

If larger and heavier shipments are delivered, the buyer must consider that they are carried with larger freight vehicles for which it is necessary to provide access to the selected unloading point. The unloading point must be accessible on a hard and flat basis. Before placing an order, the buyer is obliged to check if the truck can access the unloading point in order for the shipment to be delivered to the desired location. Moga reserves the right to change the location of unloading by prior arrangement with the buyer, considering whether the truck can access the unloading point. Moga reserves the right to refuse delivery due to an inadequate delivery location. In this case, Moga is obliged to return the received purchase price to the buyer without interest.

Moga cooperates with various delivery and transport services, which it chooses at its own discretion. As an exception, Moga also carries out its own delivery. Moga reserves the right to refuse the delivery if it estimates that it will not be possible to organise it at the previously agreed price or if, for objective reasons, it would not be able to provide an appropriate delivery or transport service.

The delivery period is informative and starts the next day from the receipt of the sales price on Moga's account. Moga is not tied to the delivery period. If there is a delay in the delivery period, Moga shall not take responsibility. Not in damages, nor in any other way. If the ordered goods are not in stock, it is necessary to add the deliveries of these goods to the information deadline for delivery.

Dispatch of orders for delivery is carried out every working day from Monday to Thursday, which must also be considered for the estimated delivery deadlines. If Moga estimates that the supply or delivery deadline could significantly affect the quality or survival of the dispatched shipment, Moga reserves the right to delay the dispatch of the shipment at its own discretion (considering the weather, the quality of the plant or its form of rooting, the day of the week depending on the working days and the ordered items, the type of delivery, the method of packaging, other factors that can significantly affect the quality of the items, etc.). The dispatch of the delivery may be extended for a period of up to 8 (eight) months due to the plant in the root clod. Plants with bare roots, as a rule, can only be supplied in early spring and late autumn. Also, the delivery time may be extended in winter or summer due to high heat or frost, which is unsuitable for plants or other sales items. If the contracting authority explicitly insists on delivery at an inappropriate time, he/she hereby waives all his/her claims under the warranty and under the warranty for non-conformity of the goods or possible defects of the goods.

If the buyer simultaneously orders goods or items from the stock of Moga and/or from the stock of Moga's supplier and/or the order is larger than the goods in stock, the shipment is dispatched only when all items from the order are collected and ready for dispatch. However, Moga reserves the right to dispatch the items also in parts, at its own discretion and considering the costs incurred. Estimated delivery price includes the price of a one-time delivery. If the order is dispatched in several parts, the buyer is obliged to pay any difference in the price of the delivery.

The buyer will be informed about the estimated delivery time and other details by Moga or the delivery service at least one day before the delivery or on the day of delivery.

The delivery period may also be extended if the buyer does not provide Moga with all the data necessary for delivery. Moga is not responsible for the delay or change or prohibition of dispatch, supply and delivery conditions resulting from binding legal acts (e.g. import-export restrictions, embargo, etc.) and other unexpected obstacles, e.g. force majeure. In such a case, Moga will contact the buyer and find the best possible solution by mutual agreement. Moga does not assume responsibility and does not violate the contract with the delayed delivery of the order or with the inability to deliver the order due to reasons that are not in its hands or in the hands of its carriers or freight forwarders, which includes, but is not limited to force majeure, civil unrest, industrial disputes, riots, floods, and legislation.

Sales items:

Data on items with sales properties in the online store are informative. The items in the online store do not represent a binding offer, but a catalogue sale. Plants are living and natural organisms and may differ in appearance (e.g. size, leafing, trimming, shaping, etc.) from those in the picture or description, which is due to the seasons or series, however, the basic characteristics and quality remain the same. The same applies to other products/items.

Each sales item is tagged with a name and price. All standardised or packaged products are provided with packaging information. The containers in which the plants are planted can be of different types. They can also be in the root clod or with bare root (read the sales characteristics for plants). The images are symbolic, which means that the buyer receives an item from a series of similar ones that is in the photo and not necessarily the item that is in the photo.

Images, descriptions, and other information about the items, with the exception of prices, VAT, insurance and delivery costs, are informative and inform the buyer about the main characteristics of the item. Moga may, at its own professional discretion, change the properties of the products in such a way that they differ from the advertised products, but does not inform the buyer until these differences do not involve material changes.

Live plants should be planted as soon as possible after receiving them. Please open the package immediately after delivery, place the plants in a shaded area and water them. We advise you to have the planting surface ready. If the alleged non-conformity of the goods is resulting from non-compliance with this advice, Moga assumes no responsibility for such possible non-conformity.

Moga reserves the right to change the products at any time. Moga will do its best to ensure that the website and the online store are regularly updated. Data and information are for your use only and are subject to change without notice. The images on the website or online store generally correspond, but you can expect minor discrepancies in colour, shape, and size.

An informative stock is given for both the stock of Moga and the partner stocks of Moga's suppliers. Due to different sales methods (different points of sale) and due to limited stocks and higher seasonal demand, the informative stock may deviate from the actual stock or the availability itself. From the time of placing the order, until its confirmation, it may happen that the stock has run out. In such a case, we will contact you and find a solution by mutual agreement, either by replacing it with an equivalent/related item or by returning the purchase price. If the alternative is more expensive than the ordered item, which cannot be delivered for objective reasons, the buyer is obliged to pay the difference. However, the supply and delivery period begins only after receiving the surcharge to the Moga account.

Each sales item has a product code, which is a unique record for each item.

In the online store, product offers are given for orders of 1 unit or as a multiple of the number of units.

For items sold by rm (running meter), m2, m, etc., we reserve the right to dispatch them only in several pieces considering the actual stock and the condition of these items on the roll, reel, etc.

Most of the sales characteristics of plants are defined by explaining the sales characteristics. An additional notification in the case of a sales item with specifics regarding the delivery time, specifications of the item and the like can be written in English or Slovenian.

Moga assumes no responsibility regarding the edibility and/or healing properties of the sales items. Consult an expert before use!

Complaints and damage caused by transport:

When enforcing a complaint or returning the goods, the goods must be delivered in the original packaging together with the invoice and in the manner specified in points 9 and 10 of this Section (Section no. II.) of these General Terms and Conditions. If it is found that the buyer has mishandled the product, contrary to the purpose of the product or negligently, if the defect is the result of mechanical damage by the buyer, or force majeure, the complaint is not justified.

If the goods are damaged due to transport, the buyer must take a picture of the entire shipment – item and packaging immediately after delivery and send it to Moga in the manner specified in points 9 and 10 of this Section (Section no. II.) of these General Terms and Conditions.

The Buyer shall bear the costs of any return of the items, regardless of the method of collection. After receiving the shipment, in case of plants, they should gradually be exposed to the sun, as they were in a dark place without light for a certain period. Moga's liability for all purposes including loss resulting from non-compliance with these terms and conditions, or if any delivered product is in any way unsatisfactory, is subject to the applicable legislation of the Republic of Slovenia and is limited to the maximum amount paid by the buyer to Moga and the cost of returning any unsatisfactory product to Moga. Moga is not obliged to replace the products, return the purchase price, or issue a credit for the amounts paid by the customer, unless this is in accordance with these terms and conditions or an individual agreement. Moga cannot assume any liability for loss or damage to the products after they have been delivered in accordance with the buyer's instructions.

Damage to the packaging is not the subject of a complaint, nor can it affect the reduction of the purchase price or any other claims of the buyer if they do not affect the quality of the delivered product.

Damage to plants such as broken branches, bruised trunk, spillage of soil from the planting pot, visible dryness of the plant at the time of transport and other minor injuries which, with proper immediate care (with due diligence of a good manager), do not affect the further proper growth of the plant or its survival are not subject to complaint or reduction of the purchase price or any other claims of the buyer.

Any damage caused during the customer's unloading is not the subject of a possible complaint. Moga is not responsible in any way for these damages.

Transfer of property and risk of destruction:

The risk of loss or damage to the dispatched goods passes to the buyer when the shipment is made available to him/her, namely the delivery time to the agreed address or when the shipment is physically received by a third party other than the carrier appointed for this purpose by the buyer or when the courier tries to deliver the shipment if the buyer is unable to pick up the shipment at the agreed time. Moga is not responsible for any loss or damage to the products when they have already been delivered in accordance with the buyer's delivery instructions.

Cookies:

The Moga website uses text files ("cookies"), which it stores on devices with which Internet users access the website and which are intended to identify these devices. The website uses cookies in order to collect data regarding its use in order to improve the user experience. The storage of cookies is under the full control of the browser that the user has and can limit or disable their storage. This means that the user has full control over the personal data collected on the Moga websites. Moga also tries to minimise the collection of personal data, i.e. it collects only those personal data that are strictly necessary for the implementation of certain services. Moga does not collect personal data "in stock".

The General Terms and Conditions and additional explanations regarding cookies are published on the website: www.moga.eu/en/privacy-and-cookies. The content of this page is also an integral part of these General Terms and Conditions.

Right of withdrawal and return of goods:

Pursuant to point 3 of Article 135 of the Consumer Protection Law (ZVPot-1, Official Gazette of the Republic of Slovenia, no. 130/22) it is not possible to return perishable goods – seedlings of plants and bulbs of plants.

Once the contract is fulfilled, the return of perishable goods – seedlings and bulbs of plants, replacement, refund, and withdrawal from the contract are no longer possible.

For other goods, the buyer, who is a consumer, may, within fourteen (14) days after delivery, without giving a reason, notify Moga that he/she withdraws from the contract and returns the purchased goods. The goods must be unused, undamaged and in their original packaging, together with a copy of the invoice. In this case, the buyer is obliged to bear all the costs incurred by returning the subject of the purchase. Moga does not accept shipments with ransom payment. The 14-day withdrawal period begins on the day when the buyer or a third party other than the carrier and who is appointed by the buyer acquires actual possession of the goods, or if several pieces of goods ordered by the buyer in one order are purchased, when the buyer or a third party other than the carrier and who is appointed by the buyer acquires actual possession of the last piece of goods, or if the delivery of the goods consists of several shipments or pieces, when the buyer or a third party other than the carrier and who is appointed by the buyer acquires actual possession of the last shipment or piece of goods, or if the delivery of the goods is regular within a certain period, when the buyer or a third party other than the carrier and who is appointed by the buyer acquires actual possession of the first piece of goods. In order to exercise the right to withdraw from the contract without giving a reason, the buyer must notify the seller (Moga) of his/her decision to withdraw from the contract by unambiguous written statement no later than the stated deadline, by mail to: MOGA družba za urejanje okolja d.o.o., Zemljičeva ulica 21, 2000 Maribor. For this purpose, the buyer may optionally use the sample withdrawal form available at this web page (CLICK here). It is considered that the buyer submitted the withdrawal statement in time, if he/she submits or sends it within the deadline set for withdrawal from the contract. If the buyer withdraws from the contract, Moga shall return all payments received without undue delay and in any case no later than fourteen days from the date of notification of withdrawal from the contract. Moga returns the received payments to the buyer with the same means of payment as used by the buyer unless the buyer has explicitly requested the use of another means of payment and if the buyer does not bear any costs as a result of this. The buyer cannot claim reimbursement of additional costs incurred if he/she has decided on another type of shipment, such as the most affordable standard shipment. Moga has the right to withhold the return of received payments until the return of the goods or until the buyer provides proof that he/she has sent the goods back, unless Moga offers him/her the opportunity to collect the returned goods. If the buyer already receives the goods and withdraws from the contract, the goods are returned or handed over to Moga or a person authorised by Moga to collect the goods, immediately or no later than fourteen days after the notification of withdrawal from the contract. It is considered that the buyer has returned the goods on time if he/she sent it before the expiry of the 14-day return deadline. If the goods have been delivered home, Moga will collect them at its own expenses only in if the return of the goods is not possible in the usual way by post due to the nature of the goods. The buyer shall be liable for the reduced value of the goods as a result of handling of the goods which is not strictly necessary to determine their nature, characteristics and functioning.

Moga, which as a provider of goods and services enables online trade on its website, publishes an electronic link to the platform for online resolution of consumer disputes (SRPS) on its website. The platform is available to consumers here.

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SL

This legislation arises from the Out-of-Court Settlement of Consumer Disputes Act, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online resolution of consumer disputes and amending Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.

In accordance with the legal norms, Moga does not recognise any performer of out-of-court settlement of consumer disputes as responsible for resolving a consumer dispute that the consumer could launch in accordance with the Out-of-Court Settlement of Consumer Disputes Act.

Minor variations and warranty for clerical errors or warranty in the event of the lack of conformity of the goods:

Minor variations in the colour, dimensions and/or other characteristics of the item cannot be the subject of claims by the buyer under the warranty or warranty for clerical errors or warranty in the event of the lack of conformity. For additional advice and information regarding the descriptions and data available on the website, the buyer can always contact Moga. Moga shall not be liable for loss, damage or injury that may result from following its advice, instructions, or information. If a replacement of the goods is agreed, this does not mean free delivery of the goods.

Moga is not responsible for the lack of conformity of the goods resulting from non-compliance with objective requirements for the conformity of the goods referred to in Articles 73 and 74 of the Consumer Protection Law (ZVPot-1), if it specifically informs the buyer at the time of concluding the contract that an individual characteristic of the goods deviates from the objective requirements for conformity and the buyer has explicitly and separately accepted this deviation at the time of concluding the contract.

If the buyer is a consumer, Moga is liable for the non-conformity of the goods existing at the time of delivery of the goods and which is shown within two years from the delivery of the goods. If the subject of the sale is used goods, Moga shall be liable for non-conformity if they are evident within one year of delivery. The buyer expressly agrees with the latter and is thus considered that a direct explicit agreement is concluded between Moga and the buyer in accordance with paragraph 5 of Article 78 of the Consumer Protection Law (ZVPot-1). Non-conformity shall be deemed to have existed at the time of delivery if it is demonstrated within one year of delivery, unless Moga proves otherwise or if this statutory presumption is incompatible with the nature of the goods or the nature of the non-conformity. The goods are in conformity with the sales contract when they correspond to the description, type, quantity and quality and have the functionality, compatibility, interoperability and other characteristics required in the sales contract; are suitable for the specific purpose for which the consumer needs them and of which the consumer informed the seller at the latest at the moment of conclusion of the sales contract, and the seller has consented to this; are supplied together with all accessories and instructions, including installation instructions, as specified in the sales contract, and are updated as specified in the sales contract. In addition, the goods must also correspond to the purposes for which goods of the same type are normally used, considering, where applicable, other regulations, technical standards or, in the absence of such technical standards, sector-specific codes of conduct applicable to the sector; be of such quality and correspond to the description of the sample or model made available by the seller to the consumer before the conclusion of the sales contract, where applicable; be delivered together with such accessories, including packaging, installation instructions or other instructions, which the consumer can reasonably expect to receive, where applicable, and be of such quantity and have the characteristics including with respect to durability, functionality, compatibility and safety, normally for goods of the same type and which the consumer can reasonably expect to receive given the nature of the goods and considering any public statement made in advertising or labelling by or on behalf of the seller or other persons in the preceding articles of the contractual chain, including the manufacturer, unless the seller proves that: the statement was not known and cannot reasonably be expected to be known to the seller, the public statement was corrected in the same or comparable manner as it was made until the conclusion of the sales contract, or the public statement could not influence the decision to purchase the goods. If the goods lose the properties due to force majeure (weather effects, etc.) or due to improper maintenance by the buyer, Moga shall not be responsible. The suitability of the goods for normal use shall be assessed in relation to ordinary goods of the same type and considering any seller's statements regarding the characteristics of the goods that the buyer has received from the seller or manufacturer, in particular by advertising, product presentation or indications on the goods. The buyer, who is a consumer, may enforce his/her warranty claims due to the non-conformity of the goods, if he/she has informed Moga within two months from the date on which the non-conformity was assessed. Warranty rights expire within two years from the day on which the consumer informed Moga about the non-conformity of the goods. In the notification of non-conformity, the buyer must provide his/her contact information, account number, describe the non-conformity in detail, add photos to the description of the non-conformity (with a photo of the inconsistent goods) and describe the maintenance work which the buyer performed on the goods from the date of purchase to the date of enforcement of the non-conformity, and at the same time enable Moga to inspect the goods. The notification of non-compliance may be communicated by the buyer to Moga in person, of which Moga must issue him/her a certificate or sent by registered mail to the address: MOGA družba za urejanje okolja d.o.o., Zemljičeva ulica 21, 2000 Maribor. For this purpose, the buyer can optionally use the sample complaint form available at this web site (CLICK here) or the buyer can receive it at the MOGA Garden Centre at Zemljičeva ulica 21, 2000 Maribor. If the Buyer does not properly and timely notify Moga of the non-conformity, he/she shall not be entitled to enforce any claim under this title. If it turns out that the non-conformity is justified, the buyer who has properly and timely informed Moga about the non-conformity has the right to request from Moga, free of charge, to bring the conformity of the goods or to reduce the purchase price in proportion to the non-conformity or may withdraw from the contract under the conditions set out in the Consumer Protection Law (ZVPot-1) and request a refund of the amount paid. In any case, the buyer may also claim compensation for the damage caused by the non-conformity. If the existence of a non-conformity is disputed, Moga is obliged to respond to the Buyer's request in writing no later than fourteen days from the date of its receipt.

If the buyer is not a consumer, the provisions of the applicable Code of Obligations shall apply to the warranty for defects in the Republic of Slovenia.

Provisions from points 9 and 10 of this Section (Section no. II.) of these General Terms and Conditions, as well as all other provisions of these General Terms and Conditions, explicitly apply and bind all buyers who do not have their residence or registered office in the territory of the Republic of Slovenia.

Purchase procedure, terms, and methods of payment:
a) Purchase procedure:

The buyer must complete the following steps in the purchase procedure (as a guest or by signing in):

read and accept the General Terms and Conditions,
check the quantities, supply and delivery times and prices of selected items that he/she has placed in the "basket- wheelbarrow",
fill in the mandatory invoice and delivery information,
choose the method of delivery - transport or personal collection or organisation of own transport,
select the payment method (card payment or payment by pro forma invoice),
confirm his/her order or place it by clicking "confirm order",
provide any additional relevant information or preferences in the comment box.

After clicking on "confirm order", the order is completed, and the buyer has the option to review the order details in the next step (the buyer can also print it from the pdf format). The buyer also receives an order number.

Moga keeps the content of the order/contract and sends the order data to the buyer.

b) Payment by pro-forma invoice:

Upon confirmation of the order, the buyer will receive a pro forma invoice to the e-mail address specified in the application or order. The buyer transfers the purchase price to one of the Moga transaction accounts stated in the pro forma invoice. When making a payment, it is mandatory to indicate the order number of the purchase in question in the reference. The payment deadline is 3 (three) days from the receipt of the pro forma invoice. If the pro forma invoice is not paid within this period, the buyer shall be deemed to have withdrawn from the order. Such an order is cancelled.

If the buyer has settled the amount by the pro forma invoice and, upon the purchase procedure Moga realises that the ordered product is no longer in stock, Moga informs the buyer thereof and returns the received payment without interest to the transaction account from which Moga received the payment, no later than 3 (three) working days from the receipt of the transfer. In this case, Moga and the buyer also agree to replace the product instead of refunding the payment.

c) Payment by payment card:

Payment/debit is made when Moga receives and processes the order. Transactions with a payment card are possible in the amount of up to EUR 3,000.00.

III. MOGA GARDEN CENTRE TERMS AND CONDITIONS

General:

The Terms and Conditions of the Garden Centre apply to the operations of the Moga Garden Centre.

The Terms and Conditions of the Moga Garden Centre determine the rights and obligations of the buyer and the visitor, regulate the business relationship between Moga and the buyer, and apply together with the Terms and Conditions. When moving around the Moga Garden Centre and doing business, you agree to these terms and conditions. Terms and conditions are also available at the Moga Garden Centre, and at the same time available at www.moga.eu and www.hortix.eu. We reserve the right to make substantive and other changes to these terms and conditions.

The buyer is bound by the terms and conditions applicable at the time of purchase of plants or other items available at the Moga Garden Centre.

The sales program includes various types of plants, plant material, other garden elements, materials, and other goods. The offer of the online store is not the same as the offer of the Moga Garden Centre.

The contract is concluded in the Slovenian language. The contract is concluded when the buyer pays the amount on the invoice.

Moga reserves the right to reject the order if it cannot fulfil it under the stated conditions. Many items are seasonal, which means that they are not available in certain seasons. If the buyer orders an item that is not in stock, the delivery time is a matter of agreement between the buyer and the seller. As a rule, the agreement is concluded before the conclusion of the contract. There may be unintentional human error in sales prices, stock, and item descriptions, for which Moga is not responsible.

You can contact the workers at the Garden Centre by e-mail: [email protected] or by phone +386 (2) 4716313.

Movement:

Movement in the Garden Centre is restricted and at your own risk. The visitor or buyer in the Garden Centre must follow the instructions, notifications, warnings, and prohibitions of the employees of Moga. These can be written or oral. In the Garden Centre, visitors/buyers, i.e. persons who are not employees of Moga, are prohibited from entering the premises and areas of the Garden Centre intended for employees. They may enter the nursery only accompanied by Moga employees and at their own risk. It is forbidden to touch, move and hang or otherwise handle items in the Garden Centre. Due to non-compliance with the prohibitions and notifications, Moga may remove visitors/buyers from the Garden Centre, also with the help of the competent authorities, as well as from other areas and premises of Moga. Moga shall not be liable for injuries to people and/or their property caused by non-compliance with the warnings or prohibitions referred to in this paragraph.

The premises of the Garden Centre are under video surveillance, as described under point 9. I. of these General Terms and Conditions.

Price:

Regarding the prices in the Moga Garden Centre, the provisions of points I. 3. of these General Terms and Conditions are used.

Right of withdrawal and return of goods and warranty for clerical errors or warranty in case of non-conformity of the goods:

The purchase of plants and other items in the Garden Centre is based on the "seen and bought" rule. Once the contract is fulfilled, the return of goods, replacement, refund, and withdrawal from the contract are no longer possible. If the items have been ordered specifically for a particular customer, the customer cannot withdraw from the order for that part or value and is also obliged to receive and pay for that part. Annual and biennial plants and seeds are not replaced and are not subject to warranty claims or warranties for defects or non-conformity. The latter also applies to perishable goods – seedlings of plants and bulbs. Moga shall not be liable for loss, damage or injury that may result from following its advice, instructions, or information. If a replacement of the goods is agreed, this does not mean free delivery of the goods.

If the buyer is a consumer, regarding the warranty of the non-conformity of the goods, the buyer uses point 10. II. of these General Terms and Conditions, and if the buyer is not a consumer, he/she uses the provisions of the Code of Obligations. The provisions of these General Terms and Conditions also expressly apply and bind all buyers who do not have their residence or registered office in the territory of the Republic of Slovenia.

Payment methods in the Moga Garden Centre:

At the cash-desk of the Moga Garden Centre, the buyer can pay the purchase price of the collected articles in the following ways:

in cash in euros (EUR/€),
with a Debit card.

The buyer may also pay the purchase price by the pro forma invoice. The payment deadline for payment by pro forma invoice is 7 (seven) days, after the receipt of the pro forma invoice, unless otherwise agreed in writing. If the pro forma invoice is not paid within this period, the buyer shall be deemed to have withdrawn from the order. Such an order is cancelled. If the amount is settled by the pro forma invoice within the payment deadline and a certain item is no longer in stock, we will notify you and return the money to the transaction account from which we received the payment within 3 (three) working days after we have received the transfer or we have agreed on the delivery of other goods. The buyer cannot pay the pro forma invoice at the cash-desk of the Moga Garden Centre. It can be paid by transfer to one of the Moga transaction accounts, which is listed on the pro forma invoice.

Until the buyer pays for the items in full, Moga is not obliged to deliver them. If the items have already been delivered, Moga can take them. In this case, the Buyer is obliged to compensate Moga for any damage caused.

Collection of goods:

The buyer personally collects the purchased items at the Moga Garden Centre. When the buyer pays and accepts the item, the ownership and the risk of accidental damage and destruction pass to the buyer – the consumer; when the buyer is a company, with the payment of the items or in case of deferral of payment, the risk passes when the item is collected. Moga is not responsible for the delay or change or prohibition of dispatch, supply and delivery conditions resulting from binding legal acts (e.g. import-export restrictions, embargo, etc.) and other unexpected obstacles, e.g. force majeure. In such a case, we will contact the buyer and find the best possible solution by mutual agreement. Moga does not assume responsibility and does not violate the contract with the delayed delivery of the order or with the inability to deliver the order due to reasons that are not in its hands, which includes, but is not limited to force majeure, civil unrest, industrial disputes, riots, floods, and legislation.

If the buyer does not collect the ordered items within 14 days from the date of purchase, Moga reserves the right to charge the buyer the cost of stallage and/or maintenance, in the amount of the actual cost incurred.

If, despite the written request of Moga, the buyer does not collect the ordered items within 1 year, Moga is entitled to withdraw from the concluded contract and withhold the received purchase price as a flat-rate compensation. In this case, the cost referred to in the previous paragraph shall be included in the compensation and shall not be paid separately.

IV. TERMS AND CONDITIONS FOR B2B BUYERS

The purchase procedure for B2B buyers is the same as the purchase procedure for other buyers. The only difference is that before the first purchase, B2B buyers create a special B2B account, which is activated by Moga after reviewing the business data and after the buyer agrees with the General Terms and Conditions, Explanatory Notes on the Protection of Personal Data, and other binding acts.

By registering, the B2B buyer confirms and guarantees that he/she is the legal representative of the legal entity or that he/she is authorised by it to conclude appropriate sales contracts with Moga.

All provisions of these General Terms and Conditions apply to B2B buyers.

V. WARRANTY FOR PLANTING PLANTS, ASSEMBLY AND INSTALLATION OF OTHER TYPES OF GOODS

The issuer of the guarantee is Moga d.o.o., Zemljičeva ulica 21, 2000 Maribor (www.moga.eu). The buyer is the buyer of plants at Moga d.o.o. and/or the client of services (planting, assembly, installation of purchased plants or other types of goods) at Moga d.o.o.

The buyer is the person to whose name the invoice for the purchase and/or service has been issued.

This warranty covers the explanation of the basic concepts, validity, conditions of validity and cases not covered by the warranty.

This warranty is an integral part of the applicable General Terms and Conditions.

The warranty is also attached to the invoice and is an integral part of the invoice or any contract concluded by Moga with its client.

Moga d.o.o. reserves the right to change, add or replace certain warranty conditions in writing after viewing and evaluating (characterizing) the place of planting. All changes are specifically marked or added in writing to the general terms and conditions of the warranty and become an integral part thereof.

The warranty applies exclusively to plants/materials and services that the buyer buys or orders from the company Moga d.o.o. and which are also planted/installed/assembled by the company Moga d.o.o.

The warranty is valid upon presentation of the invoice.

The validity of the guarantee is linked to the payment of the entire invoice paid within the deadline and in accordance with the terms and conditions. If the invoice is not paid in full, this warranty does not apply.

At the first signs of deterioration, the buyer must immediately inform the company Moga d.o.o. and give it the opportunity to inspect the plant or the service provided. If the Buyer waives this obligation and tries to eliminate the signs of deterioration by himself/herself or by any other contractor, this warranty shall not apply and Moga shall not be liable for any errors or non-conformity. The employee of the company Moga d.o.o. performs an "on-site" inspection and assesses the actual situation.

The buyer undertakes to care, nurture, maintain and supply plants and materials as a good manager.

The Buyer must notify the company Moga d.o.o. of any damage, error, or non-conformity immediately or no later than 3 days from the day on which they found the damage, error or non-conformity, and in any case within the objective validity period of this warranty.

The warranty for quality installation/assembly/planting is 14 days from the invoice.

The warranty on materials and plants supplied and installed by Moga is 3 months from the invoice. If the manufacturer's warranty period is longer, the manufacturer's warranty period applies.

The warranty means a free one-time replacement of identical or comparable plants of the same price class, which fail during the validity of the warranty, are found to have failed by the company Moga d.o.o. and at the same time the conditions for the validity of the warranty are met. Plants are not assessed as deteriorated when they rest and due to the seasonal death of parts of the plants.

The warranty does not mean a refund or an obligation on the part of Moga d.o.o. to issue a credit note.

The warranty applies to a one-time replacement or repair.

The performance of warranty obligations depends on weather conditions, availability, etc. The replacement is therefore carried out no later than 8 (eight) months from the date of the recognised warranty by Moga.

This warranty does not apply, does not cover, and does not include:

replacement of plants damaged due to lack of the usual horticultural form of maintenance or care,
replacement of plants that have died or are dying due to improper watering (too much or too little water during plant ingrowth),
when plants are neglected, including lack of water or irrigation devices, but not exclusively,
consequential or incidental costs or damages,
covering damage or deterioration of plants/materials caused by fire, fire, flood, lightning, frost, rain, wind or storm, winter, hail, drought, destruction due to extreme cold and severe winter conditions, which are not typical of the area of planting, natural disasters, acts of vandalism and other cases of force majeure over which Moga has no and cannot have influence,
damage caused by the animal. It is the sole responsibility of the buyer to protect the plants from possible damage by the animals,
plants planted in a pot, decorative troughs and other plants purchased at the Moga d.o.o. Garden Centre,
plants planted in a green wall,
the cost of spraying and treatment of the plant,
laying grass turf and sowing grass seeds,
coverage of damage or deterioration of plants/materials in case of diseases, insects and pests that attack plants/material,
if the plants have been transplanted, sprayed, treated, cut or showered with decorative stones or if veils have been laid by the buyer or third parties,
if the buyer brings the plant to the headquarters of Moga d.o.o. or to the Moga Garden Centre,
for mulches and for plants where veils and/or ornamental stones are laid,
in case of a stronger wind, which 'tilts' the plant or opens the anti-weed veil;
soil and weeds that can come from the soil (in the case of soils and substrates, sterility is not guaranteed),
when sowing, Moga does not take responsibility for any weeds and the warranty does not apply. Seed germination depends on temperature and humidity,
when the grass is laid, Moga does not take responsibility for any weeds,
for possible settling of embedded soils,
for spraying or treating plants,
for sown grass, hardening, etc.,
for new buildings, where the soil is new and the levels are new, the warranty does not apply if the planted plant dies because it "drowns" due to water retention resulting from the above. Moga cannot foresee such a situation and therefore cannot assume any responsibility for it,
for cases where plants/materials are damaged by weathering (e.g. the plant partially freezes through winter, frost, flooding, etc.),
for cases when the plant is destroyed due to strong winds (e.g. when transported in high heat, etc.),
for organic materials that decompose.

VI. VALIDITY

These General Terms and Conditions are valid from 27.5.2024