Terms & Conditions

Terms & Conditions

 

1. TERMS AND CONDITIONS
   Use of this website mnxsportswear.com (hereinafter the “Website”) is conditioned upon user’s acceptance of the terms and conditions contained herein. All users of this Website hereby understand and agree that their use of such Website constitutes acceptance of the terms and conditions set forth in this legal notice. If you do not agree to these terms and conditions, you may not use this Website. The domain name mnxsportswear.com is owned by MNX d.o.o., with its registered office at Batuje 1F, 5262 Črniče, Slovenia, Europe, Company registration No: 9456139000 (hereinafter the “MNX”),This Website contains intellectual property of MNX. This remains the property of its respective owner. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that he/she will not use this Website to engage in any activity that could be deemed illegal or harmful to others. Such activities include, but are not limited to:
   –   activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information,
   –   activities involving the transmission of junk mail or spamming,
   –   activities involving the promotion or use of viruses,
   –   activities that violate any law, regulation or statute, and
   –   activities that infringe upon any legally protected property right.

   MNX reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Any violation of this or any other section contained herein may result in termination of service and or any other action MNX determines appropriate under the circumstances.

   For the purposes of these Terms and conditions, the Customer is the consumer.

 

2. HOW TO PLACE AN ORDER
   Placing an order through Website consists of the following steps:

 

1. Choose the goods that you like and add them to “Your Basket”.
2. Proceed to check out.
3. Enter the delivery and billing information.
4. Accept our Sale terms by clicking the checkboxes.
5. Choose a payment method and click on “Send Order”.
6. Make the payment.
7. If the payment is authorized, the customer will receive confirmation of receipt of the order. This confirmation constitutes acceptance by MNX of customer’s order and creates a binding contract for purchase (hereinafter the “contract”) between customer and MNX.Before sending the order, the customer is allowed to check and change the data that he entered in the order (in case of a request from the customer to change the data, the customer has the option to go back in the internet browser used by him and change any data before sending the order).Any stipulations in the contract which derogate from these Terms and conditions shall prevail over the text of these Terms and conditions.

   The contract between Customer and MNX, including these Terms and conditions, is archived by MNX in electronic form and is not accessible.

   The contract can be concluded in English, Italian, German or Spanish.

   2.1 AVAILABILITY OF GOODS
   The completion of an order through the Website is subject to the availability of the goods. MNX attempts to guarantee stock of all goods. If ordered goods are not available or there is no stock of it, the customer will be informed by e-mail and refunded the paid amount.

   2.2 MNX’S RIGHT TO CANCEL OR NOT ACCEPT AN ORDER
   MNX reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:
   – There was a technical or pricing error on the Website at the time the order was placed,
   – The ordered product is not available,
   – The billing information given was incorrect or unverifiable,
   – Security systems indicate that the order is abnormal or may be fraudulent, or
   – MNX has been unable to deliver the order at the address provided.

   If an order is cancelled for any of the above reasons, MNX will refund (if it was paid) the value of the order. In case of cancelling order because MNX has been unable to deliver the order at the address provided delivery expenses will not be refunded.

 

3. PRICE AND PAYMENT
   Prices are given in Euros. Costs of supply (delivery expenses) may be subsequently charged, so changing the delivery country may have an impact on the final price.Terms about custom fees, taxes and duties may be found in Article 4 of these Terms and conditionsTo pay for the order the customer may use the following payment methods: Credit card, PayPal, Direct bank transfer and Payment upon delivery (for some countries). The charge will be made upon confirmation of the order.

   The prices shown on the Website are subject to change. MNX reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from MNX, the price payable in respect of that order will not be changed.

 

4. ORDER DELIVERY
   The deliveries are made from Monday through Friday. No deliveries are made on weekends or local holidays. Deliveries are made during business hours. Thus, to facilitate delivery, the customers can use their work address or any other address where there might be someone to receive the package.Orders are usually delivered within 2 to 14 business days. The delivery schedule is usually met, and although MNX cannot guarantee punctuality, all orders are delivered within 30 days from the date of confirmation of receipt of the order, at the latest.Shipping to countries that are not members of European Union: All applicable custom fees, taxes and duties are the sole responsibility of the customer. We highly recommend our customers to check the status of customs regulations in their country before sending their order. Custom authorities require that MNX states the value of ordered goods directly on the package. It is at the sole discretion of custom agents to release customer’s package. In some occasions custom agents may delay delivery of some packages.

   The customer must verify the state of the packaging upon delivery. If the package is damaged, the customer must not accept the delivery. MNX informs that the delivery must be verified within a reasonable time after receipt. In case no notice of rejection of the goods is received within 14 days of delivery, MNX will consider the customer to have accepted the delivery.

 

5. ORDERING PERSONALIZED GOODS
   Customer’s order of personalized goods is being processed soon upon its placement. It is extremely important that customer reviews his/her order before confirmation. Customer should check spelling of the words very carefully. Cancellations or changes of orders cannot be accepted once customer has completed and placed an order. Completion of order confirms and acknowledges that customer has reviewed and verified the accuracy of his/her entire order before it was sent.MNX will not put in the production goods that contain hate speech, explicit content or copyrighted content of a third part. Customer will be asked about changing that kind of a content. If customer will not agree with changing of the content, MNX will not proceed with the production and cancel the order.

 

6. RIGHTS AND DUTIES ARISING FROM DEFECTIVE PERFORMANCE
   If so requested by a Customer, MNX shall confirm to him in writing the extent and the duration of his duties in the case of a defective performance. If necessary, MNX shall, in an understandable manner, explain in the confirmation the content, extent, conditions and duration of its liability as well as the manner in which the rights arising from the liability can be asserted.6.1 Quality upon takeover
   MNX is liable to the Customer for a defect-free condition of goods upon takeover.The Customer may claim a defect which occurs in goods within twenty four months from the takeover. If Customer lawfully claims a defect towards MNX, the time is suspended for the time during which the Customer cannot use the defective goods.

   In case there is a defect within twelve months from takeover, the goods are presumed to have already been defective upon takeover, unless excluded by the nature of the goods or a defect. If Customer lawfully claims a defect towards MNX, the time is suspended for the time during which the Customer cannot use the defective goods.

   A court shall grant the Customer the right even if Customer fails to claim a defect without undue delay after he had the opportunity to discover the defective nature of the goods by exercising adequate care.

   A defect may be claimed towards MNX only. There is no other person to carry out repairs.

   The goods have a legal defect if a third person asserts its right thereto, unless the Customer knew or must have known of such a restriction.

   The defect of the goods is not its wear and tear caused by its normal use.

   Customer shall not have the right arising from a defective performance if he caused the defect himself.

   Customer expressly agrees that MNX has no responsibility for any damages on products made by inappropriate handling by Customer, for example washing (without following washing instructions of the producer), tumble drying or ironing.

   6.2 Legal rights from a defect
   The Customer has the right to have the defect removed.

   In certain circumstances, such as if it is impossible to remove the defect, MNX has the right to refuse to remove the defect.

   MNX removes the defect within a reasonable time after making the claim.

   MNX takes over defective goods at its own expense.

   The Customer has the right to a reasonable reduction of the purchase price, or to withdraw from the contract, the choice being the Customer’s, if:
   –    MNX refuses to remove the defect,
   –    MNX doesn’t remove the defect within a reasonable time after making the claim,
   –    The defect is repeated,
   –    If a defective performance constitutes a fundamental breach of contract, or
   –    According to any MNX statement or any circumstances it is obvious that the defect will not be removed within a reasonable time after making the claim or without substantial difficulties to the Customer.

   A fundamental breach of contract means such a breach of which the breaching party, at the conclusion of the contract, knew or should have known that the other party would not have concluded the contract had it foreseen such a breach; in other cases, a breach is presumed not to be of a fundamental nature.

   The Customer has not the right to withdraw from the contract if defect is insignificant; it is presumed that a defect is not insignificant.

   If Customer withdraws from the contract, MNX shall, without undue delay after MNX has taken over the goods or after the Customer proved to MNX that the goods were dispatched to MNX, refund the price of the goods.

   The Customer having the right from a defect is also entitled to reimbursement of the costs reasonably incurred in asserting this right. However, if Customer fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, a court shall not grant that right if MNX invokes late assertion of the right to compensation.

   6.3 quality guarantee
   MNX does not assume quality guarantee on the goods.

   6.4 COMPLAINT PROCESS
   Once the Customer discovers a defect, he shall, without undue delay, claim the defect and notify MNX of the right from a defect he has chosen (hereinafter the “Application of the complaint”). Rights from a defect may be found in Article 6.2 of these Terms and conditions.

   Subsequently, the Customer hands over the goods to the MNX. To avoid damage to the goods the Customer shall package the goods for carriage in suitable, preferably original, packing.

   A defect may be claimed either by identifying the defect or notifying the manner in which it manifests itself.

   Application of the complaint can only be made with MNX. A defect may be claimed and the right from a defect may be chosen e.g. by sending a letter in writing to the address of MNX’s registered office: Batuje 1F, 5262 Črniče, Slovenia, Europe or an email to the electronic address: [email protected]. MNX highly recommend its customers to provide also their contact information.

   The Customer has to prove the purchase of the goods.

   MNX is obliged to accept the good at the address of MNX’s registered office: Batuje 1F, 5262 Črniče, Slovenia, Europe.

   MNX shall, at the Application of the complaint, provide the Customer with a confirmation of the Application of the complaint. The confirmation must be in writing and must contain:
   – The date of Application of the complaint,
   – The content of the complaint,
   – Chosen right from defects, and
   – Contact information on the Customer to provide information on handling the complaint.

   The complaint, including the removal of the defect, must be processed and the Customer must be informed within 30 days from the date of Application of the complaint, unless longer time limit is agreed. This time limit doesn’t commence until the Customer hands over / delivers the goods to MNX.

   After expiry of the time limit the Customer has the right to a reasonable reduction of the purchase price, or to withdraw from the contract, the choice being the Customer’s.

   MNX shall provide the Customer with a confirmation of the processed complaint. The confirmation must be in writing and must contain:
   – The date the complaint was processed,
   – The method of processing the complaint,
   – The confirmation of carried repairs,
   – Duration time of processing, and, where applicable
   – The reason for the rejection of the complaint.

 

7. RETURN OF GOODS FOR ANY REASON
   If the customer is not satisfied for any reason with the goods purchased, he/she will have 30 days from the delivery date to return the goods with no need for an explanation of any kind.The customer may return the purchased goods, provided that:
   –   The goods have not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the goods),
   –   The goods are not covered with human or animal hair,
   –   The goods are complete (two elements forming a pair must be returned together).

   Note: Returns of personalized goods and underwear will not be accepted.

   The goods must be returned and the customer must assume the expenses of this return. The goods are to be returned with their original packaging and labeling, together with the customer’s note that contains all the basic information of the order. Upon satisfactory inspection of the returned goods, MNX will refund the price of the goods within thirty (30) days of receiving the order cancellation and goods return notification from the customer. The customer will have to pay for the return expenses.

   MNX will not make the refund until receiving the returned goods and verifying the condition of the goods in the warehouse. Once the condition of the returned goods has been verified, the customer will be refunded the relevant amount within thirty (30) days of receipt of the returned goods at MNX.

   For customer’s own protection it is recommended that a return is made with the shipping service that provides customer with a tracking number. All returns must be sent to the following address:
   Company name: MNX d.o.o.
   Address: BATUJE 1F
   Postal code: 5262 ČRNIČE
   Country: SLOVENIA, EUROPE.

 

8. WASHING AND CARING OF MNX APPAREL
   Please pay close attention to the care instructions provided with each goods. Many of our goods should not be put in a dryer. In general, wash on 30° and iron your MNX clothing turned inside out to protect the printed graphics and embroidery from damage. Some of our personalized goods require only hand wash (goods with gold and silver stamps).

 

9. PROMOTIONAL CODES (DISCOUNTS)
   When promotional codes are used according to their terms and conditions, they are applied for a single discount on a purchase of a single product or a discount on an order for the time indicated by the promotional code.Promotional codes may only be used for purchases on the Website. The customer may not sell, exchange, or assign the promotional code. The promotional code may not be uploaded or disclosed through websites or other media making public offers, gifts, sales, or exchanges. Promotional codes may not be used for commercial purposes.

   Only one promotional code can be used per product and per order. Promotional codes may not be combined with any other special offer or promotion. Promotional codes may not be exchanged for money.

   MNX reserves the right to void a promotional code immediately if it suspects that it is being used in violation of any of the above conditions or in any other improper manner or if it has reasonable grounds for voiding it.

 

10. PROTECTION OF PERSONAL DATA
    The information on the processing of customer’s personal data is included in the Privacy Policy available at the following link.

 

11. APPLICABLE LEGISLATION
    Purchases made through the Website and under these Terms and conditions are subject to Slovenian law.

 

12. CONTACT
    For any question or incident with respect to an order, the customer may contact MNX by:
    – e-mail, addressing a message to [email protected],
    – phone number, +386 51 899 599 (From Monday to Friday between 9am and 2pm)
    – through the Contact section of the Website.

 

13. SOLUTION OF THE DISPUTES
    All disputes arising from or in connection with the contract that cannot be resolved through negotiations between MNX and the customer shall be resolved with final validity through proceedings held by the general courts.Information on the existence, method and conditions of out-of-court handling of consumer complaints, including information on the subject of out-of-court resolution of consumer disputes:
    –    Out-of-court handling of consumer complaints is provided by the seller via the electronic address: [email protected].
    –    Out-of-court dispute resolution is also possible through Društvo mediatorjev Slovenije, with its registered office at Poljanski nasip 2, 1000 Ljubljana, Slovenia, Europe, which is the materially competent subject of out-of-court resolution of consumer disputes for the area of disputes between the seller and the buyer from the concluded contract. The website of this entity is www.slo-med.si. Further information on out-of-court settlement of consumer disputes can be found at www.slo-med.si/en/consumer-disputes.

    Batuje, 10.12.2023