The service you order through the in-memoriam.si website is not a standard service and is made or adapted for a specific person according to the order and instructions of the client and cannot be used for other purposes, therefore the service is subject to the clause:

The consumer does not have the right to withdraw from the contract:

for contracts concerning goods which have been manufactured according to the consumer’s precise instructions, which have been tailored to the consumer’s personal needs and which, because of their nature, are not suitable for return.

 

Where the contract is performed by a legal or natural person engaged in a gainful activity, whatever its legal form or ownership, it shall be exempt from the provisions of this Chapter. In these cases, we will deal with your requests for the return of goods on an individual basis, taking into account as far as possible all the reasons and circumstances and the options available to us from our suppliers.

Provisions applicable to goods of general consumption not directly linked to the personalised offer.

In distance contracts, the consumer has the right to notify the company within 14 days of taking delivery of the goods that he or she is withdrawing from the contract, without having to give a reason for his or her decision. The consumer must return the goods within 14 days of the notified intention to withdraw.

The only cost borne by the consumer in the event of withdrawal from the contract is the direct cost of returning the goods.

Please inform us in writing of your intention to refund by contacting us at info@foto-simonka.si.

You can give notice of withdrawal either by submitting a refund form or by making an unequivocal statement clearly indicating that you are withdrawing from the contract. The consumer is deemed to have made the withdrawal declaration in time if he sends it within the time limit set for withdrawal from the contract. The burden of proof for exercising the right of withdrawal lies with the consumer.

Refunds must be made by the company immediately or at the latest within 14 days of receipt of the cancellation notice. The trader shall return the payments received to the consumer by the same means of payment as used by the consumer, unless the consumer has expressly requested the use of another means of payment and unless the consumer bears no costs as a result.

The goods received must be returned undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or reduced in quantity without any fault on the part of the consumer.

The buyer is not allowed to use the goods unhindered until the contract is cancelled, but only because of the nature of online commerce (distance contracts) has the opportunity to reconsider the purchase. The buyer may inspect the product and carry out any test that is necessary to establish the factual situation.

To help you understand your product return rights, here is an explanation from the Market Inspectorate (source: Informacije – Newsletter of the Slovenian Chamber of Commerce, 20 January 2012, issue 3):

The right to withdraw from a distance contract is not that there is anything wrong with the goods themselves, but that the consumer has this right because of the very nature of the contract – the distance contract. The right of withdrawal is not about the consumer not knowing what he is buying (in principle, consumers know what they are buying even for other things), but only about the right to reflect on his decision within the time limit provided for by law and, if the decision was premature, to change his mind and withdraw from the contract.

It is also important to remember that concluding a contract at a distance does not give the consumer more rights than concluding a contract in the traditional way (i.e. by visiting a shop). Thus, the consumer cannot and should not be able to use the goods received unhindered for the whole period until the withdrawal from the contract, as this is not a test purchase where the test of the goods would be a condition for the contract to remain valid. The consumer is therefore only allowed to inspect and test the goods received to the extent strictly necessary to establish the factual situation, as is usual in shops. Any “testing” that deviates from this can be considered as use of the goods, which means that the consumer loses the right to withdraw from the contract.