Nutzungsbedingungen

Introduction

1. The terms of business of the online store Xsport (hereinafter referred to as the Terms of Business) are compiled in accordance with the relevant legislation, especially in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1), and the Electronic Communications Act (ZEKom-1).
2. The online store Xsport (hereinafter referred to as the online store) is operated by the company KinetiQ d.o.o., Glavni trg 2, SI-2000 Maribor, which is also the provider of e-commerce services. Xsport™ is a trademark of the company KinetiQ d.o.o.
3. The Terms of Business define the operation of the online store and the rights and obligations of all participating legal and natural persons who enter into a business and communication relationship in this regard. By visiting the website and purchasing as well as using products from the online store, all participants agree and accept the Terms of Business.
4. The use of products, visiting, and using services and/or necessary equipment may also be determined by the terms and rules of individual contractual partners. It is the user's responsibility to familiarize themselves with them in advance, especially in relation to the use of the product, and to fully and without exception also observe them. If the product purchaser is not also the product user, he/she is urged or is considered to have informed the user about the content of these terms and rules.
5. The user is bound by the Terms of Business that are valid at the moment of purchase (placing an online order). The user is reminded of the Terms of Business each time when placing an order and confirms his/her awareness of them by placing the order.

Key Terms

1. Xsport is an online store offering a variety of products from the field of adrenaline or other experiences.
2. A product represents one or more adrenaline or other experiences and related services and/or products within the Xsport offer.
3. The seller is the company KinetiQ d.o.o., Glavni trg 2, SI-2000 Maribor, which is the owner and manager of Xsport and the provider of products in the online store. Xsport™ is a trademark of the company KinetiQ d.o.o.). The seller sells products from the Xsport offer in its own name and for its own account.
4. The provider is each contractual partner or supplier of the seller, who performs or provides services and/or products within one or more products from the Xsport offer.
5. The user is every natural person (consumer) or legal entity (company, organization, etc.) who purchases a product from the Xsport offer. In the following Terms of Business, the term “user” is used uniformly for a natural or legal person who has ordered or purchased the product as well as benefited from it, except when explicitly stated otherwise. Every holder or owner of a voucher related to the product, who can present the voucher to the provider with the purpose of using the product, is also considered a user. In accordance with this definition, it is considered that every product user is familiar with the content of these Terms of Business.
6. A voucher is proof of a product purchase from the Xsport offer and is the basis or condition for using the product with one or more providers. The voucher represents the user's right to use all services and/or products of the provider included in the product(s) to which the voucher refers or relates.
7. A contract is a cooperation agreement or a consensual agreement between the seller and the provider regarding mutual cooperation in relation to the subject of cooperation.

Types of Users

1. The seller allows the purchase of products to both registered and unregistered users. By entering Xsport through email (hereinafter: email), a user becomes an unregistered user or guest of Xsport. With confirmed registration in Xsport, a user becomes a registered user of Xsport.
2. Both a guest and a registered user of Xsport acquire the right to purchase in the online store.
3. A user can register online. Upon registration in the online store, a user acquires a username, which is identical to their email address, and a password. The username and password unambiguously define and connect the user with the entered data. Registration is also possible during the purchase process.
4. A registered user can edit their user data in their Xsport user account.
5. If a user wishes to change their email address to another, they must send a request for this to the seller via the contact published for this purpose. The change of the email address will be carried out as soon as possible, but no later than within 30 days, and the user will be informed about this via email.

Accessibility of Information

1. The seller commits to providing the user, before being bound by a contract or offer, with the following information:
   • company data (name and headquarters of the company, registration number),
   • contact information that enables the user to communicate quickly and efficiently,
   • essential characteristics of products (including after-sales services, reservations and other options, and restrictions regarding the use of products) and the validity period of this information,
   • availability of products (each product offered on the website should be accessible within a reasonable time frame)
   • conditions of delivery of vouchers (also the method, place, and delivery time),
   • prices, which must be clearly and unambiguously defined, showing whether they include taxes and transport costs and other charges, and the validity period of this information,
   • the method of payment and delivery or execution, and the validity period of this information,
   • the time validity of the offer,
   • the period within which it is possible to withdraw from the contract and conditions for withdrawal (description of the right to withdraw in accordance with Article 43.č of the ZVPot; in cases where the consumer, in accordance with Article 43.č of the ZVPot, does not have the right to withdraw, they are explicitly informed about this),
   • explanation of the complaint procedure, including all information on the contact person or customer service.

Offer of Products

1. The valid offer of Xsport products is published on the website domain https://www.xsport.si and may be updated and changed over time.
2. The entire Xsport offer consists of a variety of products.
3. An individual product may contain various additions related to the experience (e.g., photography, recording, etc.). Options and conditions for using additions are appropriately described for each product.
4. Transportation to the event location and/or possible accommodation services are not included in the price of each product, unless explicitly specified otherwise. All costs, thus related or otherwise associated with using the product and not falling among those services of the provider included in the product price, are to be covered by the user or voucher beneficiary themselves.

Order/Purchase

1. In the ordering process, a user can choose from various products offered by Xsport. In the ordering process, a user purchases and receives one or more vouchers that enable the use of individual products.
2. The valid procedure for ordering vouchers or products is presented on the Xsport website at Ordering procedure.
3. The product purchase is made in the process of placing an order by the user in Xsport. The user confirms the order by clicking the order submission button, thereby making a binding offer. Once the user receives an order confirmation from the seller, a sales contract between the user and the seller is concluded. The purchase is irreversibly completed with the order confirmation and goes into processing by Xsport. Thus, all prices and other conditions, as stated in the submitted order, are fixed and apply to both the seller and the user.
4. The sales contract is based on the provisions of these Terms of Business and any other explicitly agreed provisions between the seller and the user, which are typically agreed upon in written form. The person whose data is stated at the time of order submission is considered the user within the purchase. Subsequent changes to the user's data are not possible.
5. The sales contract (i.e., the first electronic message about the order status) is stored in electronic form on the Xsport server.
6. Registration of the user is not required for ordering products, but the user must provide all mandatory information required for the execution of the order and delivery of the voucher. For the purposes of verifying the submitted data or obtaining additional data with the aim of ensuring accurate delivery of vouchers, the seller may contact the user via already obtained contact information (e.g., email, mobile phone, etc.).
7. The seller will review the order as part of the processing and confirm it, but may also reject it for a reason. In case of rejection, the seller will specify the reason for rejection to the user. The order may also be rejected if the products are not available for certain reasons on the part of the providers. As of the day of rejection, the order ceases to be valid.
8. The user will receive vouchers for ordered or purchased products in electronic form (PDF format) within an e-message from Xsport sent to their email address entered at the time of order placement. Simultaneously, they will receive information related to using the product, the possibility of returning vouchers, and other necessary information related to the order or purchase.
9. The original version of the voucher for each product from the Xsport offer is issued in electronic form. The user may also order a physical copy of the individual voucher, which will be delivered by post.
10. Information about the status, content, and other matters related to the order is always available to the registered user in their user account.
11. The voucher acquired by the user within the purchase represents proof of product purchase and is a condition for using the product at the provider. The user may present and use a valid voucher at the predetermined provider(s) with whom the seller contractually cooperates.
12. By purchasing a voucher, it is considered that the user has purchased the product to which the voucher pertains; therefore, the user receives an invoice for the completed purchase from the seller. The product purchase is thus concluded with the voucher purchase and not only with the use of the product at the provider.
13. When using the product, the user is not subject to any additional payments to the provider unless explicitly defined differently in relation to the individual product.

Payment Methods

1. Xsport allows the following payment methods:
   • payment by bank transfer,
   • payment with credit/debit cards,
   • payment through the PayPal system.
2. Payment by bank transfer is made by the user transferring the amount to the seller's bank account. The user can perform the bank transfer via online banking or another appropriate and valid method (e.g., payment at the post office). After placing the order, the user will receive a proforma invoice by email including all information about the order and for payment purposes (ordered products, amount of payment, bank details for payment of the order, payment term of the proforma invoice, and expected delivery term of the ordered voucher). When making the payment, the user must necessarily state the exact reference number, as this ensures a faster purchase execution. After receiving the payment confirmation, the seller will process the order and send the ordered vouchers, tied to the use of the product. The delivery term starts on the day the user receives the confirmation of funds being transferred to their bank account.
3. Payment with credit/debit cards is performed by the user within the product order process. The seller allows payment with credit/debit cards of most issuers. After receiving the payment confirmation, the seller will send the ordered vouchers. The delivery term starts on the day of receiving the confirmation of funds on the seller's bank account. The order price will also include the costs of payment through the online payment system, which will be visible before confirming the order.
4. Payment through the PayPal system allows the user to shop easily and securely using only their email address and password without having to enter credit/debit card information. The user performs the payment on the PayPal website, which opens when selecting this payment method. After receiving the payment confirmation, the seller will send the ordered vouchers. The delivery term starts on the day of receiving the confirmation of funds on the seller's PayPal account. The order price will also include the costs of payment through the PayPal system, which will be visible before confirming the order. Users who do not yet use the PayPal system can read more about its use on the PayPal website, where they can also register for use.
5. Some payment methods may involve additional costs for the user (e.g., the cost of the UPN order payment through online banking, costs of cash on delivery transactions by the delivery service for the delivery of the physical copy of the voucher, processing fees at payment gateways such as PayPal, etc.), over which the seller has no control.

Issuance of Invoice

1. The seller sends the user an invoice for the completed purchase always in electronic form (PDF) to the email address, and in the case of physical delivery of the voucher, also a printed invoice.
2. The buyer receives an invoice for each separate order or separate shipment of vouchers within an order.
3. The invoice shows and itemizes all costs associated with the purchase and other legally prescribed information.
4. The buyer is obliged to check the correctness of the data on the invoice and to notify the seller of any errors within eight (8) days of receiving the invoice. The seller will not consider objections regarding the accuracy of issued invoices submitted later.
5. The sales contract or order is stored in electronic form on the seller's server and accessible to the buyer upon request.

Prices

1. All prices on the Xsport website are expressed in EUR and include VAT unless defined otherwise.
2. Prices are presented as regular prices. Prices are valid at the time of order placement and do not have a predetermined validity.
3. Prices are valid in the case of payment under the listed payment methods and under the stated conditions.
4. The price of the purchased product is valid from the time of its purchase until the time of its use.
5. Products are delivered at the price that is valid according to the price lists and tariffs at the time of order confirmation. From the conclusion of the sales contract, all prices and other conditions are fixed and apply to both the seller and the user.
6. In the case of extending or exchanging a voucher, there may be a change in the product price, which is more specifically defined in the description of the extension or exchange of the voucher.
7. Discounts, promotional codes, etc., are usually not cumulative. The discount on an individual product and a promotional code are cumulative.
8. Funds paid for the value gift vouchers, bonuses, and proforma invoices do not bear interest.
9. It is not possible to exchange value gift vouchers and discount bonus codes for cash.
10. A value gift voucher, which is a payment instrument, is not subject to VAT.

Reservation and Use of the Product

1. The condition for using the product is that the user has a valid voucher and accepts the seller's Terms of Business.
2. A valid voucher demonstrates the user's right to use the product. The product can be used by presenting the voucher or activation code to the provider.
3. After purchasing the voucher and before using the product, the user must agree on the use date of the product with the provider or make a reservation for the use date of the product. The user and the provider must agree on such a date for using the product that will be realized within the validity period of the voucher, taking into account that the date of use of the product may depend on weather, seasonal, and other conditions arising from the nature and possibilities of using the product.
4. The user must note that it may be necessary to allow an appropriate time for booking the date (e.g., especially at weekends, during holidays, etc.). Therefore, the user should contact the provider in time to inquire about the availability of the desired date for using the product.
5. Booking a date for using the product is binding only after receiving a confirmation of the reservation from the provider. It is therefore recommended that the user only arrange any travel or accommodations related to using the product upon receiving a binding confirmation of the reservation date from the provider.
6. The user must inform the provider in a timely manner about any postponement (delay) or cancellation of the already reserved date for using the product. The user must adhere to the prescribed or agreed deadline within which it is still possible to postpone or cancel the already reserved date for using the product.
7. Postponing or canceling the already reserved date may be associated with additional costs charged to the user. If the user does not use the product on the already reserved date and also does not postpone or cancel the reserved date with the provider within the required period, it is considered that the user has used the product. In such a case, the voucher for using the product becomes invalid, and the user is no longer entitled to its use.
8. The user must also pay special attention to various specificities and limitations related to using a particular product (e.g., the maximum possible number of persons, limitations based on time or season, necessary equipment, weather conditions, or other details, etc.). If the specifics and limitations on the user's part are not observed, the provider may refuse to perform all or some of the services related to using the product. In such a case, the voucher for using the product may become invalid, and the user is no longer entitled to its use.
9. Reservation of the date is also dependent on the number of available capacities of the provider. Reservation possibilities may constantly change with individual providers, and there may also be special situations that cannot be predicted in advance due to the nature of the product (e.g., the provider may have a limited number of capacities for Xsport users, which may be occupied for a certain date while still available for his other users, consequently, the date may be fully booked at the time of reservation inquiry, while a few days later, due to cancellations, capacities may again be available, etc.). Accordingly, the seller or Xsport does not guarantee reservations for a specific date.
10. With a voucher whose validity period has expired, it is no longer possible to arrange or reserve a date for using the product nor to use the product if the voucher has not been duly and timely extended.
11. The reservation process is carried out on the following website.
12. For the purposes of booking and using the date, the codes on the voucher are used, whereby it is about a multi-digit code for booking the date or "reservation code" and multi-digit codes for activating the use of the product or "activation code." It is considered that the reservation of the date is carried out after confirming the reservation code by the provider, and the use of the product is performed after confirming the activation code by the provider.
13. Based on the use or entry of the reservation code into the Xsport system, the seller enables initial communication between the user and the provider regarding the reservation of the date.
14. The seller does not assume responsibility for any disagreements or other problems that may arise in communication between the user and the provider. In such a case, the seller will, according to needs or demands, try to assist in communication between the user and the provider.
15. Regarding the use of a particular product, the terms and business rules of the individual provider apply. The user, who is the beneficiary of the product, agrees with the terms and business rules of the provider in relation to using the product.
16. Direct negotiation between the user and the provider or other activities that have signs of evasion or disrespect of sales, implementation, communication, and other conditions under which the individual product was sold in Xsport, is prohibited and constitutes a major violation of these Terms of Business.
17. Copying, reproducing, or falsifying a voucher is strictly prohibited, constitutes a criminal offense, and is punishable in accordance with the laws of the Republic of Slovenia. All mentioned acts or violations will be reported by the seller to the competent state authorities, and the consequences will be fully borne by the perpetrator.
18. The seller is not responsible for errors of the provider in the case of complete or partially unfulfilled service or for changing the service by the provider. In such a case, all responsibility lies with the provider. The user must resolve any possible complaints related to using the product directly with the provider.
19. The seller is only responsible for complaints related to the order or purchase of the voucher or product, not for complaints related to using the product (performance of services by the individual provider).
20. For the purpose of ensuring the highest possible level of service quality to users, the seller may withdraw individual products from the offer. In the case that a purchased product is withdrawn from the offer, the seller will make the best effort to offer the user another comparable product or service, or to agree with the user on using other available options within the existing offer. In this case, the user may also make a new purchase of another product, whereby the entire value of the unused voucher related to the product withdrawn from the offer must be redeemed.
21. The user is obliged to check every product offer in advance upon booking the execution date with the provider and clearly state all necessary information required by the provider in relation to using the product. The seller does not assume responsibility for conveying incomplete or incorrect information by the user. The user alone is responsible for the accuracy and truthfulness of the information provided to the provider.
22. In the event that products are available in a limited quantity, the seller will fulfill each order of the product by the user within the available stock and according to the expiration dates. The seller is not responsible for the unavailability of any product. The user waives any claim against the seller due to the unavailability. If the order cannot be fulfilled due to the discontinuation of stock or unavailability, the user will be issued a credit note for the purchase of another product.
23. The user agrees and understands that they are fully responsible for handling the vouchers in connection with using the product. Loss, damage, or misappropriation of the voucher is entirely the responsibility of the user. In the event of loss, alleged loss, theft, or risk of misuse of the voucher, the user is obliged to immediately notify the seller to ensure the blocking of data on the voucher and prevent any misuse of using the product. The user also acknowledges and assumes all responsibility regarding any misuse of the voucher or use of the product that may result from their own actions or activities related to informing the wider or narrower public about the content of the voucher (e.g., publishing a still valid voucher on social networks, etc.). The seller assumes no responsibility for illegal use of the product without prior notification by the user of the loss. The seller is also not responsible for other possible misuse of vouchers and is not obliged to verify the identity of the user.
24. The seller is not liable for damage caused by natural or other disasters or other circumstances or caused by third parties in any way or form, due to which purchased products could not be used or utilized in full or under the conditions under which the individual product was sold.
25. The user fully assumes responsibility for their own psychophysical readiness required when using individual products. The user uses purchased products at their own risk. The user agrees not to initiate any compensation claims against the seller arising from the use of the product.

Value Voucher

1. A value voucher is an authentic proof issued by the seller against payment in electronic form (the user receives an email message with the value voucher code). Each value voucher is marked with its code (unique serial number), and the seller is obliged to accept it as payment for a purchase within the Xsport offer.
2. A value voucher can be purchased on the Xsport site. At the user's request, it can be purchased with various add-ons available within the current offer. Upon user's request, it can also be issued in paper form, which represents its physical copy (typically a colorfully designed voucher on sturdy paper). The service of issuing a physical copy of a value voucher is charged additionally to the user.
3. The same conditions of business apply to the purchase of a value voucher as to the purchase of other products.
4. The validity of a value voucher is 1 year from the issuance of the voucher in electronic form, which the user receives by email as part of the product purchase, unless otherwise indicated on the voucher or the voucher is purchased under different conditions. Within the validity period, the value voucher must be redeemed when purchasing one or more products from the Xsport offer. After the expiry of the validity, the value voucher expires and can no longer be redeemed within the Xsport purchase offer.
5. The user can receive a physical copy of the ordered value voucher with or without ordered add-ons at their postal address or choose the option of direct delivery to the recipient's physical address.
6. Exchange of the value voucher for cash is not possible. If the purchase value is higher than the value of the voucher, the recipient of the value voucher must pay the difference. If the purchase value is lower than the value of the gift voucher, the remaining amount remains on the voucher and can be used within the voucher's validity period.
7. Within one online order, the user can simultaneously use several gift vouchers. With one gift voucher, the user can purchase several products within one online order.
8. If an order or part of an order is canceled and therefore gift vouchers are not redeemed, the corresponding amount will be returned to the user's voucher. Any paid money will be returned by the seller to the user's bank account. In this regard, the user must provide the seller with the codes of the redeemed gift vouchers and the number of their bank account.

Discount Code

1. A discount code provides various benefits when purchasing products from the Xsport offer and is time-limited. Active discount codes may be published in various digital and other communication materials of the seller (e.g., on the web, in catalogs, advertising, and other email messages, etc.).
2. If a user utilizes a discount code, but later cancels the order using the code of their own volition, they are no longer entitled to new benefits under that code.
3. The value of the order must be higher than the value represented by the discount code.
4. A discount code can be used in the ordering process for one or more products. For the purchase of one product, only one discount code can be used. In the context of one purchase, multiple discount codes can be used, but the number of codes must not exceed the number of ordered different products (for example: when ordering 3 products, a maximum of 3 different discount codes can be used simultaneously).
5. Upon entering a discount code, the value of the code is automatically deducted from the order price, leaving a balance that still needs to be paid.
6. A discount code is a one-time code, meaning it can only be used once.
7. The combination of a discount code with other forms of benefits within the same order is not possible.

Promotional Code

1. A promotional code offers various benefits when purchasing products from the Xsport offer and is time-limited. Active promotional codes may be published in various digital and other communication materials of the seller (e.g., on the web, in catalogs, advertising and other email messages, etc.).
2. If a user uses a promotional code and then cancels the order in which the code was used on their own initiative, they are not entitled to new benefits under that code.
3. The value of the order must exceed the value represented by the promotional code.
4. Within one purchase, only one promotional code can be used (for example: when ordering 2 products, a maximum of 1 promotional code can be used).
5. Upon entering a promotional code, the value of the code is automatically deducted from the order price, leaving a balance that still needs to be paid.
6. A promotional code is a one-time code, meaning it can only be used once.
7. The combination of a promotional code with other forms of benefits within the same order is not possible.
8. Participation in promotional activities is possible during the duration of the action, which is announced in the media where the action is communicated. Unless otherwise stated in the advertised materials, the action runs only on the Xsport website.

Purchase for Legal Entities

1. The terms of business also apply to purchases by legal entities.
2. The purchase process for legal entities is completely the same as for natural persons (consumers), except that the user, during the ordering process, also provides the required company details.
3. If a user wants an invoice to a company, they accept the terms of business that apply to companies.
4. The main difference in purchasing for legal entities is in the possibility of withdrawing from the contract. Companies, sole proprietors, and other legal entities are offered the possibility of returning the delivered items within the warranty conditions by the seller. The mentioned legal entities do not have the possibility of withdrawing from the contract within 14 days from taking over the item without reason, as is the case for consumers (natural persons).
5. A refund for legal entities is not possible.

Right of the User (Consumer) to Withdraw from the Contract

1. The user, who acts as a consumer in the sales process (exclusively a natural person who orders or purchases a product for purposes outside their gainful activity), has the right to inform the seller within 14 days from taking over the vouchers for the use of products, that they are withdrawing from the contract, without needing to state the reason for their decision. The period for withdrawal from the contract or return starts running the day after the date when the sales contract was concluded between the user and the seller.
2. The return process can be initiated by the user through their user account or at the following link.
3. The return of a physical copy of the voucher to the seller in case the user did not take over the postal shipment within the period enabled by the delivery service does not count as a notice of withdrawal from the contract.
4. Upon withdrawal from the contract, the seller can, in relation to the contract withdrawal:
   • consider the value of the purchase as a credit in the user's account, which the user can use for future purchases of products from the Xsport offer,
   • return to the user's bank account or PayPal account as soon as possible, but no later than within 14 days from receiving the notification of withdrawal from the contract.
5. Return or withdrawal from the contract is not possible:
   • if the user has already started using the product before the expiration of the 14-day period (e.g., reserved an experience, used the voucher for an experience, etc.);
   • in the case of purchased gift vouchers;
   • in connection with services (or goods) whose price is dependent on fluctuations in markets over which the seller has no influence and which may occur within the withdrawal period;
   • for products that are made according to the consumer's precise instructions and/or are personalized;
   • for a service if the seller has fully met the contract and the execution of the service began with the consumer's explicit prior consent and with their agreement to lose the right to withdraw from the contract once the contract is fully performed;
   • for goods that are, by their nature, not suitable for return, are perishable, or have a short expiry date;
   • for goods that are, by their nature, inseparably mixed with other items.
6. When withdrawing from the contract, where a discount code or promotional code was used, these funds are considered as a discount and are not returned to the user. Only the paid amount is refunded to the user.
7. The right to a refund in case of exercising the warranty and material defects is more precisely regulated by the provisions of the Consumer Protection Act (ZVPot).

Material Defects

1. The conditions for material defects apply only to physical products or goods offered by Xsport.
2. A defect is considered material if:
   • the product does not have the characteristics necessary for its normal use or for marketing;
   • the product does not have the characteristics necessary for the special use for which the buyer purchases it, but which was known to or should have been known to the seller;
   • the product does not have the characteristics and qualities that were explicitly or implicitly agreed upon or prescribed;
   • the seller has delivered a product that does not match the pattern or model, unless the pattern or model was shown only for the purpose of notification.
3. The user can exercise their rights from material defects if they notify the seller about the defect within the legally defined period of two (2) months from the day the defect was discovered. The user must bear the costs of sending the notification to the seller, in which they must precisely describe the defect and allow the seller to inspect the item. The notification about the defect can be sent by the user to the seller via the contact form on the website.
4. The seller is not responsible for material defects in the goods that appear after two (2) years from the delivery of the item.
5. If the subject of the contract between the seller and the user is a used item, the seller is not responsible for material defects in the goods that appear after one (1) year from the delivery of the item.
6. It is presumed that a defect on the item existed at the time of delivery if it appears within six (6) months from the delivery.
7. The user's rights from material defects expire two (2) years from the day the seller was notified about the material defect.
8. The suitability of a product for normal use is evaluated based on usual products of the same type and considering any statements of the seller about the characteristics of the product made by the seller or manufacturer, especially through advertising, product presentation, or indications on the product itself.
9. The user, who has correctly notified the seller about a material defect, has the right to require the seller to:
   • rectify the defect on the goods or
   • return part of the amount paid in proportion to the defect or
   • replace the defective goods with new faultless goods or
   • return the amount paid.
10. If a service provided by a provider was performed incorrectly, the user must address the provider directly for the claim of material defects in accordance with the Consumer Protection Act (ZVPot) at the provider's official address. The buyer has the right to notify the seller about this as well.
11. The right to claim for material defects more precisely is regulated by the Consumer Protection Act.

Voucher Validity

1. Voucher validity is the period within which it is necessary to use the product or services related to the experience to which the voucher refers.
2. The validity of the voucher is 366 calendar days from the issuance of the voucher in electronic form, which the user receives by email as part of the product purchase.
3. The validity of the voucher can be different in cases where it is otherwise indicated on the voucher or the voucher is purchased under different conditions.
4. After the expiry of the validity period, the voucher expires and can no longer be redeemed for using the product or experience unless the voucher was timely and appropriately extended.

Voucher Extension

The product (experience) can be extended at any time within 6 months after its expiration.

If the product has an expiration date, for example, June 5, 2024, the extension request can be submitted until 11:59 PM on December 5, 2024. Later requests will not be considered.

The product is extended for 12 months from the expiration date, regardless of the date the extension request is received. For example, if the product is extended 5 months after its expiration, the extended product will be valid for 1 year from its expiration date, meaning another 7 months, not 12 months from the extension date.

To extend the product, any price difference due to a price increase must be paid, as well as an additional fee on the current product price (without discounts) under the following conditions:

• For vouchers still valid on the application date, an additional 10% fee.
• For vouchers expired by no more than 1 month on the application date, an additional 20% fee.
• For vouchers expired by no more than 3 months on the application date, an additional 30% fee.
• For vouchers expired by no more than 6 months on the application date, an additional 50% fee.

If the product subject to extension is no longer available, another product must be chosen.

1. If the price of the new product is the same or higher than the product subject to extension, the price difference between the products and the corresponding additional fee (depending on the time after the product's expiration) must be paid.
2. If the price of the new product is lower than the product subject to extension, the appropriate additional fee (depending on the time after the product's expiration) must be paid based on the product subject to extension.
3. If the new product is priced lower than the extended product, the remaining amount will not be refunded and will be considered as an additional fee.

Each product can be extended a maximum of two times (2). After 6 months from the product's expiration date, it can no longer be extended under any circumstances.

Voucher Exchange

1. The exchange of a voucher refers to changing the product for which the voucher was purchased. The exchange of an individual voucher is possible only during its validity period and under the condition that the product has not yet been used or that a reservation for the product use has not yet been made with the provider.
2. An invalid voucher cannot be exchanged.
3. It is possible to exchange up to three (3) valid vouchers at the same time.
4. The total value of all vouchers subject to exchange represents the value for which other products from the current Xsport offer can be ordered.
5. The exchange process is carried out through Xsport using the reservation code, provided that it is valid or has an appropriate status. The more detailed exchange process is described on the website.
6. The new validity date for using the products that will be ordered or purchased in the voucher exchange process is the date of the exchanged voucher that had the longest validity period.

Delivery

1. Vouchers for using products are originally issued in digital form and delivered to the user by email. The user can also order a physical copy of vouchers, which are additionally and for a fee delivered by regular mail.
2. When delivering by email, the user receives a message to their email address as soon as the seller receives payment for the ordered products. The email will include the voucher in electronic form (PDF format). When choosing delivery by email, the user cannot select payment by cash on delivery.
3. If opting for delivery by regular mail, the user (recipient) receives the shipment with the physical copy of the voucher at their home (physical) postal address.
4. The delivery of shipments with vouchers will be carried out by a commercial provider of delivery services or a courier. Shipments will be delivered to the address entered during user account registration or at the time of placing the order.
5. Upon dispatch of the shipment, the recipient receives a notification about the dispatch and information on tracking the shipment by email. The delivery period of the shipment is three (3) working days, starting from the day of shipment dispatch or from the day of receiving the email notification about the dispatch.
6. In case the shipment cannot be delivered, the recipient receives a notification about the arrived shipment with information on where, when, and how the shipment can be picked up. The notification is left by the courier in the recipient's postal box, or the recipient is informed in another appropriate way (e.g., email, SMS). The recipient can later pick up the shipment at their post office or another pickup location specified in the notification or communicated in another way.
7. Product prices on the website do not include shipping and packaging costs, which are charged according to the current courier's price list, based on the weight and size of the shipment.
8. If all ordered products are not delivered in one shipment, the costs of subsequent or additional shipping are borne by the seller.
9. Any damages or quantity shortage of the contents of received shipments must be reported by the recipient to the seller's contact address no later than eight (8) days from the takeover.

Security

1. The seller uses appropriate technological and organizational means to protect the transfer and storage of personal data, as well as payments. For these purposes, a 256-bit SSL certificate issued by an authorized organization is used.

Personal Data Protection

1. In accordance with the Personal Data Protection Act (ZVOP-2), the seller is committed to protecting the personal data of its users and acts as a data controller in relation to the Xsport offer.
2. The seller pays special attention to the protection of personal data, recognizing and respecting the privacy of users, thus handling their personal data responsibly, carefully, and in accordance with applicable Slovenian regulations and its internal acts.
3. The Privacy Policy (Personal Data Protection Statement) is published on the following webpage, where all necessary information is provided about which personal data are processed, on what basis, for what specific purposes they are used, to whom they may be disclosed, and what are the rights of users in connection with the processing of their personal data.

Communication

1. The seller will use means of communication at a distance only if the user does not explicitly object to it, in accordance with the provisions of ZEKom-1.
2. In case the user refuses the use of generally accepted means of remote communication that are offered to all users as part of the Xsport offer, the seller is not obliged to offer other required or desired means of communication, unless the user and the seller explicitly agree on different communication conditions. In such a case, the seller may also request that the user cover any additional costs associated with communication that may arise on the seller's side.
3. Electronic messages used in communication by the seller will contain mainly the following components:
   • be appropriately marked as to the type or purpose of the message (e.g., messages about the order and statuses, system messages, advertising messages, etc.),
   • the sender Xsport will be clearly identifiable,
   • various actions, promotions, and other marketing techniques will be marked as such and, where necessary, defined with special terms of business,
   • the method of unsubscribing from receiving advertising messages will be clearly presented and simply enabled, where the seller will explicitly respect the user's wish not to receive advertising messages.
4. Advertising messages Xsport will be clearly visible and clearly separated from games and competitions.

Reviews, Opinions, and Recommendations

1. Users can post their reviews, opinions, and recommendations (hereinafter collectively referred to as: feedback) regarding individual products from the Xsport offer. Feedback written by users is part of the functionality of Xsport and is intended for the community of all users.
2. Feedback for a specific product can only be provided by a user who has purchased and used the product. A user can provide feedback on a specific product within the functionalities offered by the seller at the time of providing feedback regarding Xsport.
3. The seller will not publish feedback that is in any way offensive, inappropriate, or that, in its assessment, does not provide benefits to other users.
4. By submitting each piece of feedback, the user expressly agrees with the terms of use of their feedback and authorizes the seller to publish part or all of the feedback in all electronic and other communication media used by the seller.
5. The seller has the right to use the content of feedback indefinitely and for any purpose that is in the business interest of the seller, including publication in advertisements or other marketing communications.
6. The user, as the author of feedback, declares and guarantees that they are the owner of the material and moral copyright of the submitted feedback and that they transfer these rights non-exclusively and indefinitely to the seller.
7. If the provision of user feedback is also possible in connection with package and other special offers of Xsport, the same conditions apply to these offers as previously stated for an individual product, unless explicitly defined differently by other conditions or between the seller and the user.

Limitation of Liability

1. The seller makes its best effort to ensure the accuracy and correctness of the information published in the Xsport offer.
2. In case a change occurs regarding individual products (e.g., product characteristics, price, execution conditions, etc.), and the seller, despite efforts, does not manage to correct the published information in the Xsport offer on time, the seller will, in case of such a product purchase, subsequently inform the user about the changes and allow withdrawal from the contract or exchange of the ordered product or any other mutually agreed option.
3. The seller is not responsible for the content of user feedback (reviews, opinions, and recommendations). The seller reviews feedback submitted by users before publication and rejects those containing obvious falsehoods, are inappropriate, misleading, or offensive. The seller is not liable for the information in feedback and disclaims any liability arising from the information provided in feedback.
4. The seller has the possibility of withdrawal from the contract only if an obvious mistake is determined (Article 46 of the Obligations Code). An obvious mistake is considered to be a mistake in essential features of the product and all mistakes which, according to customs in trade or the intentions of the parties, are considered decisive and which the seller would not have confirmed or concluded the contract if he had known. This includes obvious price errors.
5. All prices and delivery terms are valid only when the order is confirmed and the order receives the appropriate label.
6. Upon the reavailability of a product, the organizer does not guarantee the same price as before its withdrawal from sale.
7. Photos of all products are symbolic and do not guarantee the actual properties of the product.
8. The seller reserves the right to typographical errors regarding the presented products or Xsport offer.
9. The seller reserves the right to change the Terms of Business at any time and in any way, regardless of the reason and without prior notice.
10. The seller is exempted from the stipulations about delivery in circumstances over which the seller has no influence, e.g., in the case of a delivery service strike or force majeure.
11. The seller does not accept responsibility for incorrect use of ordered products.
12. Websites directly or indirectly linked to the seller's website are not under the control of the seller and are not edited or managed by it. Therefore, the seller is not responsible for the information located on linked websites. Links to third-party websites are provided only for convenience and the seller is not responsible for the accuracy and reliability of the information on these websites.

Complaints and Disputes

1. The seller respects the existing consumer protection legislation and makes its best effort to fulfill its duty of ensuring an effective complaint management system for its users.
2. In case of problems, the user can communicate with the seller via the contact form on the website.
3. The user must submit the complaint in writing in every case. The complaint procedure is confidential.
4. The seller recognizes that an essential characteristic of consumer disputes is their disproportion between the economic value of the claim and the costs associated with resolving the dispute itself. Therefore, the seller will do its best to resolve any potential dispute amicably. If this is not possible, the dispute shall be settled by the competent court in Maribor.

Out-of-Court Resolution of Consumer Disputes

5. In accordance with legal norms (Article 32 of the Act on Out-of-Court Settlement of Consumer Disputes), the seller does not recognize any provider of out-of-court resolution of consumer disputes as competent for resolving a consumer dispute that the consumer could initiate in accordance with the Act on Out-of-Court Settlement of Consumer Disputes.
6. The seller, which as a provider of goods and services enables online commerce in the territory of the Republic of Slovenia, publishes an electronic link to the Online Dispute Resolution platform (ODR) on its website. The platform is available to consumers at here.
7. This arrangement follows from the Act on Out-of-Court Settlement of Consumer Disputes, Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes, and the amendment of Regulation (EC) No. 2016/2004 and Directive 2009/22/EC.

Validity and Changes to Terms of Business

1. The Terms of Business become effective on 20.10.2024. The seller reserves the right to change the Terms of Business at any time and in any manner, without any reason and without prior notice.