+386 (0)2 4716310

Terms & Conditions, Privacy and Cookies

 

Moga and its employees are first and foremost people in love with our nature with which we breathe and so we are sure that people, as part of nature as well as of environment, can always find a mutual and good mannered agreement in pursuit of maintaining good interpersonal relations that are a part of natural and environmental cycles. Thus these following Terms & Conditions are for you, dear customers, to be familiarized with our work and business. As follows, these are firstly defined as Common provisions to all of our Terms & Conditions, secondly as specific Terms & Conditions separately for each field of our working purpose, such as The Webstore and Garden Centre.

Common Provisions

Buyer is always welcome to contact Moga personnel for any additional information and/or explanations and advise concerning photos, descriptions and data, that are listed on website www.moga.eu, The Webstore, Garden Centre and any other Moga publication as well as to buyer extradited documentation. Moga cannot be held responsible for loss, damage or injuries, which can arise as a consequence of following the advice, guidance or information mentioned before. Purchase price amount can be used for buying another goods or plants in our The Webstore or Garden Centre.

1. Seller

Moga, environmental arrangement company (private company), LTD., Zemljiceva Street 21, Postal code: 2000 Maribor, Slovenia, VAT ID: SI31400981, Company Code: 5601525000 (original: Moga, družba za urejanje okolja d.o.o., Zemljičeva ulica 21, 2000 Maribor, ID za DDV: SI31400981, matična številka: 5601525000; hereforth Moga) is the sole owner and manager of Garden centre (original: Vrtni center), tree nursery, provider and services contractor and of Webstore based in the website www.moga.eu. Moga is also the seller in all of its sales business. You can contact Moga personnel in Garden Centre via e-mail: vrtni.center@moga.eu or by phone: +386 (2) 4716313.

2. Buyer

Buyer is a consumer or an enterprise, according to the data provided with registration and when submitting your order. Consumer is a user, who buys or uses goods and services solely for his/hers personal use outside of his/hers profitable activity. Enterprise is a user, such as corporation or natural person, who is making profit, regardless of its legal structure. Institutions and other corporations and natural persons are considered as enterprise as well, which do not make profit, but they provide consumers with goods and services. BY the law the buyer must be of legal age, otherwise the buyer must have parents'/legal guardians’ consent/approval. If these demands are not met, please, desist from doing as mentioned before.

3. Applicable Law

The interpretation of and any legal questions in connection with the use of materials published on these web pages shall be subject exclusively to the application of Slovenian law, that regulates obligations relations and Slovenian law that regulates consumers' protection. Contracting parties strive to resolve any disputes arising from this contract consensually. When consensual mutual resolution is impossible, any claims or disputes in connection with the use of the previously mentioned materials shall be resolved by the competent court in Maribor in the Republic of Slovenia.

4. Copyright protection

This website is exclusively the property of Moga, and any abuse of information, pictures, texts or other data forming part of this website is prohibited. Any reproduction, distribution or other use of all the above-mentioned information without the prior knowledge and written permission of Moga is prohibited. Data, guidance and advice found on this website, Garden Centre or in any other Moga publication, are intended only for your personal use and must considerably treated as best professional practice. All rights reserved.

Moga is not liable for webpage content for which links can be found in Moga publications or on this website.

Names, logos, slogans or other expressions/phrases can be Moga's trademark or trademark of any other legal entity. Any unauthorised use of trademark is illegal. Copying, reproduction, downloading, distribution, transmission, passing, formation, utilization for commercial purposes or production of derivatives of such material or content and assisting third person or compelling third person to such actions is prohibited and criminal. In case of perceiving such actions you commit to inform Moga with information in regard. By sending data on Moga's webpage you give Moga and its licensors and legal successors irrevocable, unlimited and complimentary licence for use of these data at Moga's webpage as well as any other way. Licence applies to copying, distribution, advertising and any other type of spreading of data and their adjustment as well as organising.

When you or Moga cannot manage to assert right based on these Terms & Conditions, that does not prevent you or Moga to assert rights based on other regulations.

If these Terms & Conditions or its part is determined by Court or other competent authority to be void, unlawful or infeasible, such part will be excluded from these Terms & Conditions, the other provisions will continue in effect.

Business users agree to prevent Moga and its managers and employees form any damages, liabilities, expenses and costs, legal fees, which could arise from violation of these Terms & Conditions by you, or any other liabilities which could result from using Moga' s webpage, The Webstore or publications.

5. Limited warranties

We do not warrant or represent the completeness or accuracy of the information published on our website; that the material on the website is up to date and that the website or any service on the website as well as webstore will remain available. We hold the right to change these Terms & Conditions from time to time. Moga is however not liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6. Protection of personal data

6.1. Limited liability

Use of Moga’s website, its subsites, Webstore and content published upon is at one’s own risk. Moga is not liable for any damages arising from such use. Your registration for an account with our website and providing Moga with your personal data is necessary for correct functioning of the Webstore. Moga protects personal data of its users, visitors, potential clients and contractors and commits to use such data solely for purpose, with which these data is gathered in accordance to personal data protection law of Slovenia. Such data will not be subjected to trading or any other forwarding. Data will only be used for correspondence, e. g. Moga publications and fliers, offers, bills and other documentation. Customers hold the right to prevent/to prohibit Moga to use his/hers personal data by written request to Moga's official address (see Common provisions, point 1. Seller).

Terms & Conditions of Webstore

1. Introductory provisions

Terms & Conditions of Webstore (from now on T&CW) regulate the functioning of Webstore (form now on The Webstore), buyer's rights and obligations and determine the business relation between Moga and the buyer concerning The Webstore on the www.moga.eu. By placing order in The Webstore you agree with the T&CW. We suggest you read and save a copy of T&CW. We hold the right to change the T&CW from time to time.

1.1. General

Moga and buyer manage their mutual obligations with T&CW and under the valid Slovenian legislation. Buyer is bind by T&CW, which are valid in the moment of purchase making in The Webstore (placing order). With registration or by placing order buyer declares to accept T&CW, furthermore buyer is always warned of T&CW when placing order and by placing order agrees with them. T&CW are at customer’s disposal also in the Garden Centre. Merchandise from The Webstore can also be purchased in The Garden Centre. Some items and plants are in stock, others can be ordered by request. Products for sale in The Webstore are not necessarily the same as those in The Garden Centre or of other assortment of Moga (e. g. catalogues, individual offers etc.) and vice-versa. Shopping in The Webstore can be conducted 24/7 every day of the year.

Registration is not mandatory for adding item to your cart, surfing contents and eyeing the assortment, thus can be done. Order (contract) is concluded in Slovenian language. The purchase is concluded when the placed order’s purchase amount is paid in full.

Order confirmation is sent to buyer via e-mail. Buyer can always check history of his/hers purchases made in The Webstore (only for registered buyers). Moga will strive to deliver ordered items under herein determined conditions, but can always turn down any order, when these conditions cannot be fulfilled. All items found in The Webstore are mainly in stock. If this is not the case when placing order, Moga will inform the buyer of such item, that it is out of stock and both parties will find a mutual solution. Items and plants in stock of Moga and of Moga’s suppliers can be found in The Webstore. Numerous items are seasonal, which means they are not available or in stock in some seasons, therefore these can be delivered as soon as in stock, but no later than within eight (8) months or according to additional agreement. Upon impossibility to deliver items ordered, paid purchase price is refunded to the buyer’s bank account from which the payment was initially made. Moga is not liable for unintentional human error concerning purchases prices, stock status or item description input. In case any technical errors or difficulties occur on to The Webstore, www.moga.eu and connected programme infrastructure (e. g. power outage, no internet connection, no internet access, software and/or hardware crash) Moga holds the right to transaction reversal and to refund the purchase price.

1.2. Cookies

Website www.moga.eu uses pieces of data downloaded to a computer by a website, containing details of the preferences of that computer's user which identify the user when revisiting that website (“cookies”). Purpose of website cookies is to collect data of its use in order to improve user experience. Cookies saving is under supervision of browser, which is used and cookie saving can be restricted or disabled.

2. Prices

Price is regular price. Discounted price is price with discount. All prices are in Euros (€/EUR). Prices are valid on the day of order. All prices include VAT according to the laws of Republic of Slovenia. Prices do not include shipping costs, delivery costs and packaging costs. Catalogue prices, prices in The Garden Centre, special offer prices, prices of pro forma invoice and The Webstore prices may differ and vary. In case the VAT rate changes Moga holds the right to raise the prices. If some errors occur and in consequence the items are priced incorrectly Moga is not obligated to sell such item/-s by incorrect price. In this instance Moga informs you of the correct price and kindly asks you to either confirm or cancel such order. Moga holds the right to change prices without any further notice.

3. Warranty

Minor deviations in colour, measurements and/or other features of an item cannot be subject to buyer’s warranty claims or warranties against defects. For additional information and advice regarding descriptions and data available on the website, buyer can always seek assistance from Moga personnel. However Moga is not liable for any loss, damages or injuries which can result in adherence to Moga’s advice, guidance or/and information. Warranty does not apply for nontechnical items. In case of the buyer’s complaint being found justified Moga commits to replace/substitutes the item in complaint free of charge, though delivery costs can be charged to the buyer. Time of solving complaint is in accordance with the mutual agreement in regard with possibility of deliveries. Warranty does not apply to items which are not of technical nature.

4. Right to cancel/ Right of withdrawal from the contract

According to article 43 č, paragraph 5, point 2 of the Consumer Protection act of The Republic of Slovenia (The Official Gazette, No. 98/2004-UPB2 with its further changes) the right to return the item/-s does not apply for quickly perishable/short-lived goods – sapling and bulb. This right applies to consumers only.

You have the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform Moga (see Common provisions, point 1. Seller) of your decision to cancel this contract by a clear written statement. To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Upon your cancellation of the contract, you will be reimbursed all payments made by you to Moga, including the costs of delivery (this excludes supplementary costs arising if a type of delivery other than the least expensive type of standard delivery offered by Moga was chosen). The reimbursement will be made without delays, and no later than fourteen (14) days after the day on which we are informed of your decision to cancel this contract. The reimbursement will be conducted using the same means of payment as used by you for the initial transaction. You will not incur any fees as a consequence of the reimbursement. The buyer, who exercised the right to cancel the contract, bears the return costs and the item returned must be undamaged, unused and originally packaged. Return of the item within legal fourteen (14) days period without further written notice is considered as exercise of the right to cancel. End of information on the right to cancel.

5. Effect of withdrawal

If a contract is cancelled the two parties shall be released from their obligations, with the exception of an obligation to reimburse any damage or benefits. If such benefits cannot be reimbursed or the reimbursement is partially possible or the items are in worse condition than when accepted by buyer, and in accordance to the benefits of such item, we are entitled to collect damages. Damages are limited to the degree in which the use of the item exceeded testing its features and functioning. Testing features and functions stands for such handling that is common for retail business. Party returning money must pay interest from the day the payment was received. Buyer bears the return costs. Items that cannot be sent as a package will be collected at your given address (business relations within Slovenia boundaries only). Duty to reimburse payment is due in fourteen (14) days. This deadline starts for a buyer when we are sent a written message of withdrawal or the item/-s, for us as a seller the deadline starts upon receiving your written message or the item/-s.

6. Items for sale

Information about items for sale in The Webstore is of informative nature. Items in The Webstore do not represent legally binding offer, but represent catalogue sale. By clicking giving order a legally binding order (offer) is placed/made, with which the contract is entered into. Of this you are informed via e-mail.

Plants are natural and living organisms, which can differ and vary in its appearances (e. g. size, shape, leafing etc.) from those presented in photos or descriptions, which can be a result of different series and seasons. Basic features and quality stay the same though. Mentioned here above applies to any other item as well.

Each of the items for sale is listed with its name and price. All standardized items and items in package are listed with information regarding packaging. Pots, which contain plants, can be of different types, and plants can also be as root ball or as bare root. Photos are regularly within description of each item. Photos are symbolic, which means that the item in the photo is not necessarily the one buyer will be delivered with, but will get one from the series of such in the photo. If the item is descripted with additional feature as “unique – unikat” then regularly the buyer is delivered with that very item. Photos, descriptions and other information about items, except prices, VAT, insurance and shipping costs/delivery costs, are approximate and tend to guide and familiarize buyer with main features of an item. Moga can by its own professional discretion change the features of items and is not committed to inform you in advance; however Moga will do so if such change refers to essential component.

Live plants must be planted in shortest time possible after the delivery. We kindly ask you to open the package right after being accepted, place the plants in shaded place and water them. It is advised that the planting area is prepared before delivery.

Moga can always change the items for sale. Moga will strive at its best for The Webstore to be always updated. Information, data and descriptions are intended for your use only and can be changed without further notice. Photos on website www.moga.eu and in The Webstore are generally adequate, minor differences in colour, shape and size must be expected though.

7. Order confirmation

By placing order buyer must follow next steps:

  1. Check the amount and prices of items in your cart;

  2. Choose the payment method and delivery/shipping or pick-up in The Garden Centre;

  3. Confirm your order or placing it by clicking confirm and finish your purchase.

Before confirming your order, we strongly suggest you to check amount and chosen items again, since these can still be altered in this phase. After clicking placing an order the order is finished, no alterations are possible after that, and you are faced with order summary. Order confirmation will be delivered to you via e-mail. Content of an order/contract will be saved and you will be sent a copy.

8. Modalities of Payment

8.2. Pro Forma Invoice

Pro forma invoice will be sent to buyer's e-mail provided in registration. Purchase price must be transferred to one of Moga’s bank accounts. By transferring the amount buyer must use the number of the purchase as a bank reference. Payment must be done within three (3) days upon receiving pro forma. If the price is not paid within this deadline, it is considered a withdrawal from the contract. Such order is going to be cancelled. When the purchase price is paid within the deadline, but the item/-s are not in stock anymore, you will be informed and refunded the amount paid to the bank account from which the purchase price was initially paid within three (3) business days or you will be offered an exchange item.

8.3. Credit Cards

Payment is made, when we take on the order. Transactions by credit cards are possible in amount of no more than 3.000,00 EUR (VAT included).

8.4. Collect on Delivery

Collect on delivery is possible only within boundaries of The Republic of Slovenia and in the amount highest of 100,00 EUR (VAT included). You will be sent an order confirmation via e-mail. The amount upon collect on delivery is the amount of your order, which must be paid in full to your postman or in your post office. If the package is not accepted, you will be charged with delivery/shipping costs, which may vary with delivery service.

8.5. Payment in The Garden Centre

Pro forma amount can be paid at the cashier’s in The Garden Centre, which saves you shipping/delivery costs or other costs, because personal possession of item is made. If the amount is not paid in full after you are being asked to pay, you will be charged costs of recovery.

9. Delivery and Delivery Time

9.1. Home Delivery

Moga commits to dispatch ordered items as fast as possible, regularly from two (2) to eight (8) days upon placing order, if item/-s in stock. Dispatch time can prolong for additional eight (8) months because of root ball; bare rooted plants are almost only being delivered early in the spring and in the late autumn.

Choice of delivery service is at Moga’s professional disposal. If subsequently found out the transportation (delivery/shipping/custom costs) would be too high, Moga holds the right to cancel the order and reimburse the money to the buyer.

9.2. Possession of the Item in The Garden Centre

Webstore purchased items can also be collected/picked up in The Garden Centre. Buyer always bears the costs of potential return of the item. When the item purchased is plant/-s, upon delivery/personal pick up, they should be exposed to sunlight gradually, while in dark place for a certain time with no sunlight. Moga’s liability is subjected to Laws of the Republic of Slovenia for all means including the loss resulting in noncompliance with T&CW or if the item delivered is not satisfactory in any way, and is limited to the amount paid to Moga and refund costs of any unsatisfactory item. Moga is not committed to substitute any item/-s, refund the purchase price or to issue credit notes for amount paid by the customer, unless in accordance with T&CW or individual agreement. Moga is not liable for any damages or loss of the item/item, after delivered in accordance with buyer’s instructions.

9.3. Delivery Time

Delivery time can prolong for the time needed for the buyer to provide the seller with all information needed for delivery. Moga is not responsible for delay or change or prohibition of dispatch, delivery and delivery conditions that are to be imposed by the state/authority regulations (e. g. embargo, import-export restrictions) and any other unforeseeable and unexpected restrictions or accidents (e. g. force majeure). In this eventuality buyer will be contacted in an effort to find the best possible mutual solution. Moga is not liable and is not in breach of any contract/agreement with delayed deliveries or incapacity or inability to deliver items ordered due to causes beyond Moga’s or its transporters/carriers reach, which includes but is not limited to force majeure, civil disorders, industrial disputes, turmoil, flood and legislation and international regulations.

Dispatch time can prolong for additional eight (8) months because of root ball; bare rooted plants are almost only being delivered early in the spring and in the late autumn.

10. Transfer of Ownership and the risk of destruction or damage

The risk of accidental destruction, loss of or damage to the dispatched item shall be borne by the buyer, when the item/package is at his/hers disposal - that is the time of delivery to the fixed address or when the item/package is in possession of the third person appointed by the buyer, who is not the transporter/carrier, or upon the time of attempted delivery, if the buyer cease to take possession of the package at the time stipulated. Moga is not liable for any destruction, loss of or damages to the items once delivered according to your instructions. Items are mostly of perishable/short-lived nature therefore buyer is committed to accept the item/-s in shortest time possible.

11. Complaints and damages transportation causa

By asserting the right to complaint or returning the item/-s the item/-s must be delivered to Moga in the original package with receipt. If the item was not handled by its purpose or was mishandled, or handled in negligence or damaged by technical prerequisites or force majeure, the complaint is not grounded.

In case of damages transportation causa, buyer must take photos of the package as a whole and separately – the item and the package – and send these photos to Moga (for addresses see Common provisions, point 1. Seller). We will both strive to find a mutual agreement. If the complaint is substantiated, Moga commits to buyer to send new item if in stock or to issue credit notes, and moreover on this basis no refunds are possible.

Terms & Conditions of Garden Centre

1. General

Terms & Conditions of Garden Centre (from now on T&CGC) regulate business of Garden Centre (from now on The Garden Centre). BY coming and moving around and doing business in The Garden Centre you agree with T&CGC. Customer is a buyer or visitor to The Garden centre (sometimes customer or customers). You can read T&CGC in The Garden Centre as well. We hold the right to change T&CGC from time to time. Buyer is bind by T&CGC, which are valid in the moment of purchase making in The Garden Centre. Our assortment consists of different types of plants, planting material, various garden items and various other items (now on item or sometimes items). Assortment of The Garden Centre is not the same as the one in The Webstore and vice-versa. Some items which are to be sold in The Webstore can also be bought in The Garden Centre. The contract is conducted in Slovenian language and is concluded when buyer pays the purchase price.

Numerous items are seasonal, which means they are not available or in stock in some seasons. In such case the delivery time is due to according to additional buyer-seller agreement which can be done before the conclusion of the contract. However Moga holds the right to cancel the contract/order if it cannot be completed under the conditions written herein. Moga is not liable for unintentional human error/-s concerning purchases prices, stock status or item description input. You can contact Moga personnel in Garden Centre via e-mail: vrtni.center@moga.eu or by phone: +386 (2) 4716313.

2. Movement in The Garden Centre

Movement of customers in The Garden Centre is restricted and on one’s own risk. In The Garden Centre customers must obey the written or verbal rules, restrictions, warnings and messages set out by Moga personnel. Customers are prohibited to enter the premises of The Garden Centre and any other Moga facility which are only intended for use by the MOga personnel. It is prohibited to touch, feel, move, climb or hang from the plants and any other handling of the items of any kind. In the company of Moga personnel and by its discretional permission only to feel the item can be allowed. Upon disobedience of the rules mentioned Moga can remove customers from all of its premises, also with help of the official authorities if needed. Moga is not liable for injuries or damages that may occur of disobedience mentioned before.

3. Prices

Price is regular price. Discounted price is price with discount. All prices are in Euros (€/EUR). Prices are valid on the day of order. All prices include VAT according to the laws of Republic of Slovenia. Prices do not include shipping costs, delivery costs and packaging costs, if Moga is to deliver the item by buyers request. Catalogue prices, prices in The Garden Centre, special offer prices, prices of pro forma invoice and The Webstore prices may differ and vary. In case the VAT rate changes Moga holds the right to raise the prices. If some errors occur and in consequence the items are priced incorrectly Moga is not obligated to sell such item/-s by incorrect price. In this case Moga informs you of the correct price and kindly asks you to either confirm or cancel such order. Moga holds the right to change prices without any further notice.

4. Right to withdrawal and return of purchased items

Items purchased in The Garden Centre are regulated by as-is where is clause. According to article 43 č, paragraph 5, point 2 of the Consumer Protection act of The Republic of Slovenia (The Official Gazette, No. 98/2004-UPB2 with its further changes) the right to return the item/-s does not apply for quickly perishable/short-lived goods – sapling and bulb. Once the contract is concluded the right to withdrawal is no more. In an instance that the items were provided for a certain customer, the right to withdrawal does not effect and such customer is obligated to take such items and to pay them. Annual and biannual plants and seeds are not returnable and cannot be subject to the right of withdrawal, warranty claims or warranties against defects.

In case of the buyer’s complaint being found justified Moga commits to replace the item, which is of a same value and if in stock, in complaint free of charge, though delivery costs can be charged to the buyer. Time of solving complaint is in accordance with the mutual agreement in regard with possibility of deliveries.

5. Modalities of Payment

The purchase price of pro forma or of receipt can be paid at the cashier’s in The Garden centre with:

  • Cash in Euros (EUR/€);

  • Credit Cards;

For pro forma payments the deadline is seven (7) days from the acceptance of pro forma, if not otherwise agreed. It is being considered a cancellation of the contract, when the price is not paid by deadline. When the purchase price is paid within the deadline, but the item/-s are not in stock anymore, you will be informed and refunded the amount paid to the bank account from which the purchase price was initially paid within three (3) business days or you will be offered an exchange item.

6. Possession of the Items in The Garden Centre

Customer personally takes possession of the purchased items in The Garden Centre. The risk of accidental destruction, loss of or damage to the purchased item shall be borne by the buyer - consumer, when the item is paid and the buyer-consumer took possession of the items; when the buyer is an enterprise upon paying the items and by the payment deferral upon possession of the items. Moga is not responsible for delay, change or prohibition of dispatch, delivery and delivery conditions that are to be imposed by the state/authority regulations (e. g. embargo, import-export restrictions) and any other unforeseeable and unexpected restrictions or accidents (e. g. force majeure). In this eventuality buyer will be contacted in an effort to find the best possible mutual solution. Moga is not liable and is not in breach of any contract/agreement with delayed deliveries or incapacity or inability to deliver items ordered due to causes beyond Moga’s or its transporters/carriers reach, which includes but is not limited to force majeure, civil disorders, industrial disputes, turmoil, flood and legislation and international regulations.