Company Information
Malinca d.o.o.
Ulica svežih idej 2C
3320 Velenje
Slovenia
VAT Number: SI61876275
Registration Number: 6367801000
Phone: 0038651 244 557
Email: [email protected]
The buyer is obliged to comply with the general terms and conditions valid at the time of purchase (placing an online order).
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1. General Terms and Conditions of Business
1.1. The general terms and conditions of business (hereinafter: general terms) of the company Malinca d.o.o. (hereinafter: the Company) form an integral part of all contracts concluded between the Company and the buyers of products (hereinafter: clients) who engage in commercial transactions with the Company.
1.2. The provisions of the general terms also apply to all offers, pro forma invoices, preliminary agreements, legal-commercial statements, and other services arising from the business relationship between the Company and the client.
1.3. Definitions:
A client is any natural or legal person who is in a legal-commercial relationship with the Company, regardless of their legal form or status.
A consumer is any client who is a natural person and purchases or uses the Company’s goods or services for personal purposes or outside their professional or business activity.
An offer is a general term for a proposal in various forms, a pro forma invoice, or another form of proposal for concluding a contract, made by the Company to the client.
A contract is a written agreement concluded between the Company and the client. An offer or pro forma invoice submitted by the Company to the client and accepted or confirmed by the client is also considered a contract. The general terms are an integral part of every contract.
The subject of the contract may be a good, represented by any product listed in the Company's sales catalogue.
1.4. With regard to notifying the client about delivery, conclusion, termination, or amendment of the contract, and other information, the theory of dispatch applies. This means that the date of the notification to the client is considered the date on which the Company sent the notification via a means of communication.
1.5. The Company communicates with the client via email, regular mail, telephone, or another method agreed upon with the client.
1.6. The Company’s business hours are from 7:00 AM to 3:00 PM.
2. Application of the General Terms and Conditions of Business
2.1. These general terms and conditions take precedence and fully replace any missing, differing, or contradictory contractual provisions between the Company and the client.
2.2. These general terms and conditions replace any general terms and conditions or other documents of the client, unless the Company explicitly and in writing excludes the application of these general terms and conditions.
2.3. These general terms and conditions form an integral part of all contracts concluded between the client and the Company. By signing the contract or entering into a contractual relationship in any form, the client fully agrees with the content of these general terms and conditions and confirms that they are fully informed of their contents.
2.4. These general terms and conditions are available at the web address: https://www.malinca.eu/terms-and-conditions. Information regarding the general terms and conditions can also be obtained at the Company’s registered office.
2.5. A valid order placed through the Company’s online store is considered equivalent to signing a contract.
2.6. These general terms and conditions are binding for the consumer only if they were explicitly informed of their existence prior to concluding the contract, pro forma invoice, preliminary agreement, or offer.
3. Amendments to the General Terms and Conditions of Business
3.1. In the event of any amendments to the general terms and conditions, the changes become binding for the client from the moment they are informed of them.
3.2. The client is deemed to be informed of the changes upon their publication on the website https://www.malinca.eu/terms-and-conditions and upon confirming the submission of the order. By doing so, the client is considered to have agreed to the amended general terms and conditions.
3.3. A client who does not agree with the amended general terms and conditions must send the Company a written statement of disagreement within 2 days of receiving the notification of the amendment. If the client does not express disagreement within this period, they are considered to have fully accepted the changes.
3.4. If the client submits a statement of disagreement with the amended general terms and conditions, the Company has the right to withdraw from the contract.
3.5. If the current general terms and conditions conflict with other general conditions of the Company, the provision that is more specific in the given case shall apply.
3.6. The Company and the client may exclude the application of certain provisions of these general terms and conditions if such provisions conflict with the contract or the general purpose of the contract.
4. General Provisions
4.1. The client is obliged to inform the Company of all data and facts important for the establishment and continuation of the legal-commercial relationship (change of domicile or registered office, change in ownership or legal status, insolvency, etc.).
4.2. The Company collects certain personal data of clients. The types of personal data, the purposes of processing, and the legal grounds for such processing are regulated in the document entitled Privacy Policy, which forms an integral part of these general terms and conditions. Clients may consult the Privacy Policy on the Company’s website: https://www.malinca.eu/personal-data-protection-policy.
4.3. The Company is bound by all specifications relating to the characteristics of goods included in the offer or the specific contract.
4.4. The Company reserves the right to change the specifications or information mentioned in the previous point without prior notice to the client. Such specifications and information are binding only if explicitly included in the contract.
5. Prices
5.1. The prices displayed on the Company’s website may be changed without prior notice.
5.2. Prices become binding once the Company sends the client an order confirmation email. If the pricing information is incorrect or changes during order processing, the client has the right to withdraw from the contract.
5.3. In the case of product delivery, standard packaging is included in the product price; however, additional packaging for transport and delivery costs are charged separately by the Company, according to the prices listed in the Company’s online store or based on an agreement between the Company and the client.
5.4. All prices include VAT.
6. Payment Methods
6.1. The Company offers the following payment methods for products and services:
6.2. The security of personal data and payments is the responsibility of the payment service providers. For all other aspects, the Company uses appropriate technical and organizational measures to ensure the security and confidentiality of personal data and payment information.
6.3. Secure authorization and processing of credit card transactions are managed by the company Mollie (Keizersgracht 126, 1015 CW Amsterdam, Netherlands). Credit card authorizations are performed in real-time with immediate verification with banks. Card data is not stored on Malinca’s servers.
7. Issuing Invoices
7.1. After successful payment of the order, the Company sends the customer an invoice for the ordered goods or services in the form of a PDF document to the email address provided by the customer at the time of placing the order on the Company’s website.
7.2. It is the customer’s responsibility to check all order data and specifications before placing the order. Later complaints regarding errors in issued invoices will not be considered.
8. Ownership Rights
8.1. Unless otherwise agreed in the contract between the Company and the customer, the Company reserves ownership rights, copyrights, and related rights to all documents necessary or provided in connection with the conclusion and/or execution of the contract.
9. Limitation of Liability
9.1. The characteristics of products, delivery time, or pricing may change so quickly that the Company may not manage to update the information on the online store in time. In such cases, the Company will notify the customer of the change and offer them the opportunity to cancel the order or replace the ordered product.
9.2. Product photos do not guarantee the characteristics of the goods. The Company strives to provide the most accurate images of the products offered, but all images should be considered symbolic.
9.3. The Company reserves the right to temporarily disable access to the website in case of technical issues or maintenance work. In the event of technical problems, the Company also reserves the right to cancel all orders made during the affected period. In such cases, the Company will immediately inform the customer of the difficulties and provide instructions on the next steps. The customer is responsible for ensuring the security of their technical equipment and login data (username and password) before accessing the Company’s website.
9.4. The Company reserves the right to exceptionally cancel an order in cases where the ordered products are no longer available, if there is a high risk of non-payment by the customer, or in the case of a clear pricing error. In all such or similar cases, the customer will be immediately informed of the Company’s potential withdrawal from the contract.
9.5. The Company reserves the right to withdraw from the contract if a material error is discovered.
9.6. The Company is not liable for damages caused by improper use of the product, except where the damage results from a product defect or from inadequate instructions provided by the Company.
10. Complaint Handling and Dispute Resolution
10.1. The contracting parties agree to resolve any dispute arising from these general terms and conditions or from contracts concluded between the Company and the client amicably. If an agreement cannot be reached, disputes will be resolved by the competent courts in accordance with applicable regulations.
10.2. The Company does not recognize any alternative dispute resolution body as competent for resolving disputes with consumers, except where provided by law.
10.3. The Company publishes a link on its website to the European online dispute resolution (ODR) platform, available to consumers at:
https://ec.europa.eu/consumers/odr
This regulation is in accordance with Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.
10.4. The Company complies with applicable consumer protection laws and ensures an effective and confidential complaint management system. Complaints can be submitted via email to: [email protected].
10.5. The Company will confirm receipt of the complaint within 5 working days and inform the customer about the procedure and its expected duration.
10.6. The consumer has the possibility to turn to the competent bodies for alternative dispute resolution, in accordance with applicable legislation.
11. Company Withdrawal from the Contract
11.1. In the event of a breach of the contract or these general terms and conditions by the customer, the Company has the right to withdraw from the contract without further notice to the customer. In this case, the Company will refund any amounts already paid to the customer's bank account.
11.2. The Company has the right to withdraw from the contract if the customer fails to fulfill their obligations, provides false information that hinders or prevents the execution of the contract, or fails to settle their obligations under the contract and these general terms and conditions.
12. Reviews, Ratings, and Recommendations
12.1. Submission and Use of Reviews
Customer reviews, ratings, and recommendations are an integral part of the website and are intended for the user community. By submitting a review, rating, or recommendation, the user explicitly agrees to the terms of use of the submitted content and authorizes the Company to publish the text in whole or in part across all electronic media and other forms of public communication.
The Company has the right to use the content of the review or comment for an unlimited period and for any commercial purpose, including in advertisements or other marketing communications.
12.2. Rules on Review Collection and Moderation
Reviews may only be submitted by customers or users of Malinca-branded products, either directly on the website or via email at [email protected]. All reviews are verified by Malinca d.o.o. before being published, which is why they are not displayed automatically.
The Company reserves the right to reject and not publish reviews that do not meet the following criteria:
Reviews that, in the Company’s opinion, do not provide value to other users or visitors of the website.
12.3. Disclaimers and Limitations
Malinca d.o.o. reserves the right to edit or remove reviews that do not comply with the above guidelines. We do not guarantee the publication of all received reviews and assume no responsibility for the accuracy of their content, as they reflect personal experiences of customers. By submitting a review, the user confirms that the information provided is accurate, truthful, and based on their personal experience with the product.
13. User Registration
13.1. By registering on the website https://www.malinca.eu/customer/account/login/ you become a member of Malinca. Both registered members and visitors who make a quick purchase without prior registration have the right to purchase from the Malinca online store.
13.2. Upon registration on the website, the user receives access credentials to use the online store:
13.2.1 a username, which is identical to the email address provided during the registration process;
13.2.2 a password.
13.3. If the user wishes to change their username or password, this can be done within the user profile on the website.
14. Order Placement Process
14.1. On the website, the user can click the “Add to cart” button. A notification will appear confirming that the product has been successfully added to the shopping cart. Once the product is added to the cart, the user can either continue shopping by clicking “Continue shopping”, or proceed to checkout by clicking “Proceed to checkout.”
14.2. If the user wishes to remove a product or service from the cart, they can access the cart (cart icon in the top right corner of the page) and click the trash bin icon to delete the item. To add more products or services, the user can click “Continue shopping” and repeat the process described above.
14.3. After clicking “Proceed to checkout,” the user is redirected to the billing and shipping information form.
14.3.1. To successfully place an order, the user must fill in all required fields marked with a red asterisk: first name, last name, email address, shipping address, city, postal code, and phone number. The form also allows account creation to save the information for future purchases.
14.3.2. If the user has a discount code or a gift voucher, it can be entered in the field under “2. Coupons and gift cards.”
14.3.3. The user can add a discounted product to the order by clicking “Add to order.”
14.3.4. The user selects delivery by courier service.
14.3.5. The user chooses one of the available payment methods mentioned above.
14.3.6. Before placing the order, the user can review and correct all selected items in the “Order summary” section.
14.3.7. The user can opt-in to receive newsletters and promotional messages via email or SMS from Malinca.
14.3.8. The order is finalized by clicking the “Place order” button, through which the user confirms agreement with the contract and accepts the payment obligation. If the order is successfully submitted, the system will display the order number.
14.4. After the order is placed, the user will receive a confirmation of receipt and acceptance via the provided email address.
14.5. Registered users can access order details and status anytime through their user profile. Malinca reserves the right to contact the customer by phone or SMS to verify the data or ensure delivery accuracy.
14.6. The ordering process for legal entities is the same as for individuals, with the addition that at the final step, fields for company name and VAT number must be completed. The payment methods remain the same.
15. Delivery Terms
15.1.The company delivers to EU countries. Shipments to EU countries are delivered via the GLS courier service. The delivery costs for orders from other EU countries are as follows:
|
Country |
Order up to €70 |
Order over €70 |
|
Austria |
€4.99 |
€0.00 |
|
Belgium |
€5.49 |
€0.00 |
|
Bulgaria |
€5.99 |
€0.00 |
|
Czech Republic |
€4.99 |
€0.00 |
|
Denmark |
€4.99 |
€0.00 |
|
Estonia |
€5.99 |
€0.00 |
|
Finland |
€8.99 |
€0.00 |
|
France |
€5.99 |
€0.00 |
|
Greece |
€4.99 |
€0.00 |
|
Croatia |
€3.99 |
€0.00 (for orders over €55) |
|
Ireland |
€7.99 |
€0.00 |
|
Italy |
€4.99 |
€0.00 |
|
Latvia |
€5.99 |
€0.00 |
|
Lithuania |
€5.99 |
€0.00 |
|
Luxembourg |
€4.99 |
€0.00 |
|
Hungary |
€4.99 |
€0.00 |
|
Germany |
€4.99 |
€0.00 |
|
Netherlands |
€4.99 |
€0.00 |
|
Poland |
€3.99 |
€0.00 |
|
Portugal |
€4.99 |
€0.00 |
|
Romania |
€3.99 |
€0.00 |
|
Slovenia |
€3.50 |
€0.00 (for orders over €55) |
|
Slovakia |
€3.99 |
€0.00 |
|
Spain |
€5.99 |
€0.00 |
|
Sweden |
€6.99 |
€0.00 |
15. Delivery Conditions
15.3. Orders placed on working days before 1:00 PM will, in principle, be shipped the same day, provided that the selected payment method is cash on delivery or payment card. Orders placed on non-working days or public holidays will be shipped on the next working day. For products with a longer delivery time specified on the website, that specific delivery time will apply.
15.4. In the case of virtual products (in electronic format), delivery will be made via email within a few hours after payment confirmation. Products will be sent to the email address provided at the time of order.
15.5. If, due to unforeseen circumstances, the Company is unable to dispatch the products within the promised timeframe, the customer will be notified as soon as possible via the provided contact details.
15.6. The Company is not liable for undelivered products due to circumstances beyond its control.
15.7. If the customer does not receive the products within the stated delivery time, they must notify the Company to fulfil its obligation and allow a reasonable additional period. If the Company still fails to deliver within this additional period, the customer has the right to withdraw from the contract and request a refund.
15.8. The Company is not liable for delays or non-delivery caused by force majeure.
16. Product Reception
16.1. The customer is obliged to receive the ordered products within 14 days of receiving a written notice from the Company.
16.2. In case of delivery via partner courier services, the customer is required to accept the parcel in accordance with the terms and conditions of the respective courier service.
17. Gift Vouchers
17.1. A gift voucher issued by the Company serves as a gift card. The Company sends it to the customer, for a fee, in physical or electronic format. Discount codes cannot be applied when purchasing gift vouchers. Each voucher is identified by a unique serial code, and the Company, as the issuer, is obliged to accept it as a means of payment in its online store.
17.2. The voucher is valid for 6 months from the date of issue, unless a different validity period is explicitly stated on the voucher. The voucher can only be used in full, and the order value must be equal to or higher than the voucher value. If the order value exceeds the voucher value, the user must pay the difference.
17.3. The voucher cannot be exchanged for cash.
17.4. The voucher can be used during the checkout process on the website. After filling in all other required information, the user can enter the unique code in the "Coupons and gift cards" field and validate it by clicking the “Apply” button. The system will automatically deduct the voucher value from the total amount.
17.5. Multiple gift vouchers may be used in a single order, but only one promo code can be applied per order.
18. Promo Codes or Discount Codes
18.1. A promo code issued by the Company provides various benefits in the online store (discounts, gifts with purchase, free delivery, etc.). Promo codes can be shared via advertising, emails sent by the Company, or other media channels.
18.2. Promo codes are valid only for a limited period and can be used exclusively within the defined validity period for each code.
18.3. The user can enter and validate the promo code in the "Coupon (promo code)" field during the checkout process. Once successfully validated, the discount (if applicable) is automatically deducted from the total order amount, and the user is required to pay the remaining amount.
18.4. Only one promo code can be used per order.
19. Consumer’s Right of Withdrawal from the Contract
19.1. In accordance with the European Union's consumer protection legislation, the consumer has the right to withdraw from the contract without providing any reason, within 14 days from the date of receiving the products. The period begins on the day following the receipt of the product.
19.2. Withdrawal must be communicated by sending an email to [email protected], via any other contact channel provided by the company, or by completing the return form available [HERE]. The intention to withdraw must be stated clearly and unambiguously.
19.3. In the event of withdrawal from the contract, the consumer must return the products to the following address:
Malinca d.o.o., Ulica Svežih idej 2C, 3320 Velenje, Slovenia.
The return must be made within 14 calendar days from the date of the withdrawal notification.
19.4. The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Products must be returned in their original packaging, undamaged, and in the original quantity, unless the damage or loss did not occur due to the consumer’s actions.
19.5. Upon withdrawal, the company shall refund all payments received without undue delay, using the same payment method used for the original transaction, unless the consumer expressly requests another refund method that does not incur additional costs.
19.6. When notifying the withdrawal, the consumer must provide full name and contact information. The refund will be made within 14 days of receiving the withdrawal notice. However, the company reserves the right to delay the refund until the returned products are received or proof of return has been provided.
19.7. The only cost borne by the consumer in connection with the withdrawal is the cost of returning the products.
19.8. The right of withdrawal does not apply to products which, by their nature, cannot be returned, have been sealed and unsealed after delivery (e.g., cosmetics or food supplements), or deteriorate quickly, as stated in the exceptions listed in Directive 2011/83/EU.
19.9. If the order was paid (in part or in full) using a gift voucher, upon withdrawal, the value of the voucher will be refunded in the form of a new voucher of the same value.
19.10. If a promo code was used when placing the order, upon withdrawal, the code will be reissued in a new version. Only the amount actually paid by the consumer will be refunded.
20. Liability for Product Non-Conformity (Physical or Legal Defects)
20.1. The company is liable for any non-conformity of the product that existed at the time the risk was transferred to the consumer. This moment is typically when the consumer receives the product.
20.2. The seller is also liable for any non-conformity that arises after delivery but is due to a cause that existed prior to the transfer of risk. Minor non-conformities that do not affect the normal use of the product are not considered.
20.3. The consumer must notify the company of the lack of conformity within 2 months from the date the issue was discovered. The notification must include a clear description of the non-conformity and, if necessary, allow for the product to be examined. This can be sent by email to [email protected] or in writing to the company's registered address.
21. Legal Notice
21.1. The Malinca online store and all content available on the website, including product images, graphics, and videos, are protected by copyright and may not be reproduced or used without the prior written permission of the company.
22. Disclaimer Regarding Nutritional and Health Claims in Product Descriptions
22.1. All information presented on the pages of the company's online store is provided for informational purposes only and does not in any way replace the advice of a physician or other qualified healthcare professional. It is not a substitute for appropriate medical care.
22.2. The products and the statements regarding them, presented on this site, have not been evaluated by regulatory authorities and are not intended to diagnose, treat, or prevent any disease.
These Terms and Conditions are valid as of May 5, 2025, until revoked or replaced by new general terms and conditions of sale by Malinca d.o.o.
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